Education institution definition

‘Education institution’ is defined in section 10(1) of the Copyright Act. Here is the current definition:

Educational institution means:

(aa)  an institution at which education is provided at pre‑school or kindergarten standard; or

(a)  a school or similar institution at which full‑time primary education or full‑time secondary education is provided or both full‑time primary education and full‑time secondary education are provided; or

(b)  a university, a college of advanced education or a technical and further education institution; or

(c)  an institution that conducts courses of primary, secondary or tertiary education by correspondence or on an external study basis; or

(d)  a school of nursing; or

(e)  an undertaking within a hospital, if the undertaking conducts courses of study or training in the provision of:

(i)  medical services; or

(ii)  services incidental to the provision of medical services; or

(f)  a teacher education centre; or

(g)  an institution with the principal function of providing courses of study or training for any of the following purposes:

(i)  general education;

(ii)  the preparation of people for a particular occupation or profession;

(iii)  the continuing education of people engaged in a particular occupation or profession;

(iv)  the teaching of English to people whose first language is not English; or

(h)  an undertaking within a body administering an educational institution, if:

(i)  the educational institution is of a kind referred to in a preceding paragraph of this definition; and

(ii)  the principal function, or one of the principal functions, of the undertaking is the provision of teacher training to people engaged as instructors in educational institutions of a kind mentioned in a preceding paragraph of this definition, or of 2 or more such kinds; or

(i)  an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, if:

(i)  the principal function, or one of the principal functions, of the institution, or undertaking, is the providing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or 2 or more such kinds; and

(ii)  that activity is undertaken for the purpose of helping those institutions in their teaching purposes.

November 2022

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