Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A teacher or student does not infringe copyright in a work by copying the whole or a part of the work if:
(a) the copying occurs in the course of educational instruction; and
(b) the copying is not done using:
(i) a device adapted for the production of multiple copies; or
(ii) a device capable of producing a copy or copies by a process of reprographic reproduction.
(1A) Copying or communicating the whole or a part of copyright material does not infringe copyright in the material, if the material is copied or communicated:
(a) as part of the questions to be answered in an examination; or
(b) in an answer to such a question.
(1B) In subsections (1) and (1A):
(a) a reference to copying a work or copyright material includes a reference to making or copying an adaptation of the work or material; and
(b) a reference to communicating copyright material includes a reference to communicating an adaptation of the material.
(2) The making of a record of a sound broadcast, being a broadcast that was intended to be used for educational purposes, does not constitute an infringement of copyright in a work or sound recording included in the broadcast if:
(a) the record is made by, or on behalf of, the person or authority in charge of a place of education that is not conducted for profit; and
(b) the record is not used except in the course of instruction at that place.
(2A) The making of a record of a sound broadcast is not an infringement of copyright in the broadcast if the record is made by, or on behalf of, the body administering an educational institution and is not used except for the educational purposes of that institution or another educational institution.
(3) For the purposes of sections 38 and 103, in determining whether the making of an article constituted an infringement of copyright, subsections (1), (1A), (2) and (2A) shall be disregarded.
(4) For the purposes of any provision of this Act relating to imported articles, in determining whether the making of an article made outside Australia would, if the article had been made in Australia by the importer of the article, have constituted an infringement of copyright, subsections (1), (1A), (2) and (2A) shall be disregarded.