Allanson and Queensland Tourist and Travel Corporation
(1996 S0164, 14 February 1997)
Allanson and Department of Tourism, Small Business and Industry
(1996 S0166, 14 February 1997)
In these 'sufficiency of search' cases, the applicant sought access to any matter held by the respondents which would show that s.183 of the Copyright Act 1968 Cth, had been invoked to make copies of works in which she or an associated company held copyright.
In applying the principles set out in Shepherd and Department of Housing, Local Government and Planning (1994) 1 QAR 464, the Information Commissioner found that there was no reasonable grounds to believe that such documents existed. The Information Commissioner accepted that neither of the respondents ever considered that its actions would infringe the applicant's copyright in any work, and there was therefore no reason to suggest that either agency would have considered it necessary to obtain written authorisations under s.183 of the Copyright Act.