(2.) Where the Government of the Commonwealth has made an agreement or arrangement with the Government of some other country for the supply to that country of goods required for the defence of that country—
- (a) the doing of any act in connexion with the supply of those goods in pursuance of the agreement or arrangement; and
- (b) the sale to any person of such of those goods as are not required for the purposes of the agreement or arrangement,
shall, for the purposes of the last preceding sub-section, be each deemed to be for the services of the Commonwealth.
(3.) Authority may be given under sub-section (1.) of this section before or after the acts in respect of which the authority is given have been done, and may be given to a person notwithstanding that he has a licence granted by, or binding on, the owner of the copyright to do the acts.
(4.) Where an act comprised in a copyright has been done under sub-section (1.) of this section, the Commonwealth or State shall, as soon as possible, unless it appears to the Commonwealth or State that it would be contrary to the public interest to do so, inform the owner of the copyright, as prescribed, of the doing of the act and shall furnish him with such information as to the doing of the act as he from time to time reasonably requires.
(5.) Where an act comprised in a copyright has been done under sub-section (1.) of this section, the terms for the doing of the act are such terms as are, whether before or after the act is done, agreed between the Commonwealth or the State and the owner of the copyright or, in default of agreement, as are fixed by the High Court.
(6.) An agreement or licence (whether made or granted before or after the commencement of this Act) fixing the terms upon which a person other than the Commonwealth or a State may do acts comprised in a copyright is inoperative with respect to the doing of those acts, after the commencement of this Act, under sub-section (1.) of this section, unless the agreement or licence has been approved by the Attorney-General of the Commonwealth or the Attorney-General of the State.
(7.) Where an article is sold and the sale is not, by virtue of sub-section (1.) of this section, an infringement of a copyright, the purchaser of the article, and a person claiming through him, is entitled to deal with the article as if the Commonwealth or State were the owner of that copyright.
(8.) An act done under sub-section (1.) of this section does not constitute publication of a work or other subject-matter and shall not be taken into account in the application of any provision of this Act relating to the duration of any copyright.
(9.) Where an exclusive licence is in force in relation to any copyright, the preceding sub-sections of this section have effect as if any reference in those sub-sections to the owner of the copyright were a reference to the exclusive licensee.
