(1) The copyright in a work, sound recording or cinematograph film included in a free - to - air broadcast is not infringed by the retransmission of the broadcast if:
(a) a remuneration notice given by, or on behalf of, the retransmitter to the relevant collecting society is in force; and
(b) the free - to - air broadcast was made by a broadcaster specified in the remuneration notice; and
(c) the retransmitter complies with section 135ZZN.
(2) The copyright in a work, sound recording or cinematograph film included in a free - to - air broadcast is not infringed by the making of a copy of the broadcast for the sole purpose of enabling a delayed retransmission of the broadcast to be made.
(3) Subsection (2) does not apply if the retransmission of the broadcast would infringe the copyright in the broadcast.
(4) If a copy of a broadcast made for the purpose referred to in subsection (2) is not destroyed within 7 days after it is made, subsection (2) does not apply, and is taken never to have applied, in relation to the making of the copy.
(5) In this section, a reference to the making of a copy of a free - to - air broadcast is a reference to making a cinematograph film or sound recording of the broadcast, or a copy of such a film or sound recording.