Exams and examination provisions
The examination provision Section 200 [s200] of the Australian Copyright Act only applies in the Australian context. If you wish to use copyright works as part of examinations in other countries you must check the law of that county to ensure you are able to use copyright works as part of exams without permission.
Section 200 [s200], allows for the use of copyright works in examination papers during an exam period. Once the examination period has ended the copyright works must be removed. If your intention is keep a copy of the exam to distribute again the following year s200 would still apply. If your intention is to use the exam as a past exam to distribute to students you must either register the copyright works within eReserve, or obtain permission for the copyright works used.
The s200 provision only applies for the exam period must not be made available for general use.
s200 allows online examinations/test. Again, once the exam period has ended the online exam must be removed. Before an exam can be posted online as a past exam the copyright works must either be registered in eReserve or permission must be sought.
Referencing must occur on copyright works used within exams apart from where the exam question excludes referencing as the reference will reveal the answer to the exam question. This exception only applies during the exam period.