Division 3 — Persons with intellectual disabilities
Section 217 — prescribed record of permitted use
41.—(1)  This regulation prescribes the record required to be made under section 217(2)(f).
(2)  In all cases, the record must —
(a)be in writing;
(b)state the date on which the record is made; and
(c)be signed by the person making the record.
(3)  In the case of an authorial work (being an article in a periodical publication), the record must state all the following particulars:
(a)if the periodical publication states its ISSN — the ISSN;
(b)if sub‑paragraph (a) does not apply — the name of the periodical publication;
(c)the title (if any) of the article;
(d)if the article has no title, a description of the article that will enable the article to be identified;
(e)the name of the author of the article (if the article has an identified author);
(f)the volume, or the volume and number (as the case may be), of the periodical publication;
(g)the page numbers (if any) of the pages in that volume, or in that number of that volume, that have been copied;
(h)to the extent that the pages copied do not bear a page number — a description of those pages that will enable them to be identified;
(i)the date on which the copy was made;
(j)the form in which the copy was made.
(4)  In the case of an authorial work (not being an article in a periodical publication), the record must state all the following particulars:
(a)if the edition of the work that was copied states its ISBN — the ISBN;
(b)if sub‑paragraph (a) does not apply —
(i)the title (if any) of the work;
(ii)if the work has no title, a description of the work that will enable the work to be identified;
(iii)the name of the publisher of the edition of the work that was copied; and
(iv)the name of the author of the work (if the work has an identified author);
(c)the page numbers (if any) of the pages in the edition of the work that were copied;
(d)to the extent that the pages copied do not bear a page number — a description of those pages that will enable them to be identified;
(e)the date on which the copy was made;
(f)the form in which the copy was made.
Section 217 — prescribed time for requesting equitable remuneration
42.  A request for the purposes of section 217(3) must be made within 4 years after the date on which the relevant copy is made.
Section 217 — retention of records
43.—(1)  A record made under section 217(2)(f) by or on behalf of the body administering an institution aiding persons with intellectual disabilities must be retained by that body for 4 years after the date on which the relevant copy is made under that section.
(2)  Subject to paragraph (3), if paragraph (1) is not complied with, the following persons shall each be guilty of an offence:
(a)the body administering the institution aiding persons with intellectual disabilities;
(b)the administrator of the institution.
(3)  It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (1) is complied with.
(4)  A person convicted of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $1,000.
Section 217 — arrangement of retained records
44.—(1)  All records retained under regulation 43 must be arranged in a way that enables records relating to authorial works by the same author to be inspected without having to inspect other records.
(2)  The following persons are responsible for ensuring that paragraph (1) is complied with:
(a)the body administering the institution aiding persons with intellectual disabilities;
(b)the administrator of the institution.
Section 217 — inspection of retained records
45.—(1)  The copyright owner of an authorial work may, by written notice to the administrator or an authorised officer of an institution aiding persons with intellectual disabilities, request to —
(a)inspect all records retained by the institution under regulation 43; or
(b)inspect those records only to the extent that they relate to authorial works by a specified author.
(2)  A notice under paragraph (1) must specify the date on which the copyright owner wishes to make the inspection.
(3)  The date specified must —
(a)be an ordinary working day for the institution; and
(b)fall 7 or more days after the date on which the notice is given.
(4)  A copyright owner who gives notice under paragraph (1) may —
(a)inspect the specified records on the specified date; and
(b)for that purpose, enter the premises of the institution on that date and during the business hours of the institution (but no earlier than 10 a.m. and no later than 3 p.m.).
(5)  The institution must provide all reasonable facilities and assistance for a copyright owner to exercise the rights under this regulation.
(6)  In this regulation, a reference to a copyright owner includes a reference to an agent of a copyright owner.