Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the broadcasting of a sound recording or a cinematograph film would not for any reason constitute an infringement of the copyright in the recording or film, but the making of a copy of the recording or film would, apart from this section, constitute an infringement of the copyright, the copyright is not infringed by the making of a copy of the recording or film if:
(a) the recording or film from which the copy is made is in analog form; and
(b) the copy is made solely for the purpose of simulcasting the recording or film in digital form.
(2) Subsection (1) does not apply in relation to a copy of a recording or film if the copy is used for a purpose other than:
(a) the simulcasting of the recording or film in circumstances that do not for any reason constitute an infringement of the copyright in the recording or film; or
(b) the making of further copies of the recording or film for the purpose of simulcasting the recording or film in such circumstances.
(3) Subsection (1) does not apply in relation to a copy of a recording or film unless all copies of the recording or film made under that subsection are destroyed on or before the relevant date specified in the regulations.
(4) For the purposes of subsection (3), the regulations may specify different dates in relation to different classes of sound recordings or cinematograph films.