The copyright in any work, sound recording or cinematograph film included in a retransmission of a free - to - air broadcast is not infringed by the making of the retransmission if:
(a) at the time the retransmission is made, a collecting society has not been declared; and
(b) a notice given by the retransmitter by whom, or on whose behalf, the retransmission was made to the notice holder under subsection 135ZZZ(1) is in force; and
(c) the retransmitter complies with section 135ZZN.