Division 2 — Persons with print disabilities
Sections 211, 212 and 213 — prescribed record of permitted use
37.—(1)  This regulation prescribes the record required to be made under sections 211(2)(i), 212(2)(f) and 213(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 a literary work, a dramatic work or an artistic work, the record must state all the following particulars:
(a)if the edition of the work from which the accessible format copy was made 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 from which the accessible format copy was made; and
(iv)the name of the author of the work (if the work has an identified author);
(c)the date on which the accessible format copy was made, distributed, made available or received;
(d)the number of accessible format copies made, distributed, made available or received.
(4)  In the case of any other work, the record must state all the following particulars:
(a)the title (if any) of the work;
(b)if the work has no title, a description of the work that will enable the work to be identified;
(c)in the case of a sound recording or sound broadcast of an edition of a book that states its ISBN — the ISBN;
(d)the date on which the accessible format copy was made, distributed, made available or received;
(e)the number of accessible format copies made, distributed, made available or received.
(5)  In the case of a recording of a protected performance, the record must state all the following particulars:
(a)the title (if any) of the performance;
(b)if the performance has no title, a description of the performance that will enable the performance to be identified;
(c)the name of the performer (unless the name is not generally known or known to the person making the record, and could not reasonably be ascertained by that person);
(d)the duration of the entire recording;
(e)a description of the part of the recording that was included in the accessible format copy (for example, the first 2 minutes of the recording), which description must enable that part to be identified;
(f)the date on which the accessible format copy was made, distributed, made available or received;
(g)the number of accessible format copies made, distributed, made available or received.
Sections 211, 212 and 213 — retention of records
38.—(1)  A record made under section 211(2)(i), 212(2)(f) or 213(2)(f) by or on behalf of the body administering an institution aiding persons with print disabilities or an educational institution must be retained —
(a)by the body administering the institution aiding persons with print disabilities or the educational institution, as the case may be; and
(b)for 4 years after the date of the permitted use in respect of which the record was made.
(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 print disabilities or the educational institution, as the case may be;
(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.
Sections 211, 212 and 213 — arrangement of retained records
39.—(1)  This regulation applies to every record (being a record relating to an authorial work) retained under regulation 38.
(2)  The records to which this regulation applies 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.
(3)  The following persons are responsible for ensuring that paragraph (2) is complied with:
(a)the body administering the institution aiding persons with print disabilities or the educational institution, as the case may be;
(b)the administrator of the institution.
Sections 211, 212 and 213 — inspection of retained records
40.—(1)  The rights owner of any relevant material (as defined in section 206) may, by written notice to the administrator or an authorised officer of an institution aiding persons with print disabilities or an educational institution, request to do one or more of the following:
(a)inspect all records retained by the institution under regulation 38;
(b)inspect those records to the extent that they relate to authorial works by a specified author;
(c)inspect those records to the extent that they relate to protected performances or a specified class of works.
(2)  A notice under paragraph (1) must specify the date on which the rights 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 rights 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 rights owner to exercise the rights under this regulation.
(6)  In this regulation, a reference to a rights owner includes a reference to an agent of a rights owner.