—(1) Subject to this section, unless the context otherwise requires, a reference in this Act to “performance” shall —
be read as including a reference to any mode of visual or aural presentation, whether the presentation is by the use of any receiving apparatus, by the exhibition of a cinematograph film, by the use of a record or by any other means; and
in relation to a lecture, an address, a speech or a sermon, be read as including a reference to delivery,
and a reference in this Act to performing a work or an adaptation of a work shall have a corresponding meaning.
(2) For the purpose of this Act, the communication of a work or other subject-matter to the public shall not —
constitute a performance; or
amount to causing visual images to be seen or sounds to be heard.
(3) For the purposes of this Act, where visual images are displayed or sounds are emitted by any receiving apparatus to which they are communicated, the operation of any device or equipment by which the images or sounds are communicated, directly or indirectly, to the receiving apparatus does not constitute a performance or amount to causing images to be seen or sounds to be heard but, insofar as the display of the images or emission of the sounds constitutes a performance, or causes the images to be seen or the sounds to be heard, the performance, or the causing of the images to be seen or sounds to be heard, as the case may be, shall be deemed to be effected by the operation of the receiving apparatus.
(4) Without prejudice to subsections (2) and (3), where a work or an adaptation of a work is performed or visual images are caused to be seen or sounds to be heard by the operation of any device or equipment referred to in subsection (3) or of any device or equipment for reproducing sounds by the use of a record, being device or equipment provided by or with the consent of the occupier of the premises where the device or equipment is situated, the occupier of those premises shall, for the purposes of this Act, be deemed to be the person giving the performance or causing the images to be seen or the sounds to be heard, whether he is the person operating the device or equipment or not.
[Aust. 1968, s. 27]