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Performance of works or other subject-matter by students or staff of educational institution, etc.

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—(1) Where a musical work is performed by the students or staff of an educational institution in the premises of the institution or elsewhere in the presence of an audience and is so performed in the course of the activities of the institution, the performance shall, for the purposes of this Act, be deemed not to be a performance in public. (2) Where a literary or dramatic work is performed by the students or staff of an educational institution in the premises of the institution or elsewhere in the presence of an audience and is so performed in the course of the activities of the institution, the performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given. (3) For the purposes of subsection (2), a person shall be deemed to be directly connected with a place where instruction is given if he is a parent, guardian, brother or sister of a student who receives instruction at that place.(4) Subsections (2) and (3) shall apply in relation to cinematograph films, broadcasts, cable programmes and recordings of performances in like manner as they apply in relation to literary and dramatic works but, in the application of those subsections in relation to such films, broadcasts, cable programmes or recordings, any reference to the performance of the work shall be read as a reference to the act of causing the sounds concerned to be heard or the visual images concerned to be seen. (5) For the purposes of this section, the staff of an educational institution shall include —(a)any adjunct staff of the educational institution; and(b)any person engaged by the educational institution to conduct any course of instruction, activity or programme of or offered by the educational institution. [Aust. 1968, s. 28]

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