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Copyright (Infringing File Sharing and Cellular Mobile Networks) Order 2013, New Zealand

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Details Details Year of Version 2013 Dates Entry into force: September 30, 2013 Adopted: August 26, 2013 Type of Text Implementing Rules/Regulations Subject Matter Copyright and Related Rights (Neighboring Rights) Notes This Order amends section 122S(2) 'Application of section 122C to cellular mobile networks' of the Copyright Act 1994, regarding a requirement for the Internet protocol address providers to issue infringement notices for alleged copyright breaches.
Section 3 of this Order amends section 122S to delay the application of section 122C of the Copyright Act 1994 to cellular mobile networks until September 30, 2015.

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 Copyright (Infringing File Sharing and Cellular Mobile Networks) Order 2013

2013/336

Copyright (Infringing File Sharing and Cellular Mobile Networks)

Order 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of August 2013

Present: His Excellency the Governor-General in Council

Pursuant to section 122S of the Copyright Act 1994, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Commerce, makes the following order.

Contents Page

1 Title 2 2 Commencement 2 3 Section 122S of Copyright Act 1994 amended 2

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cl 1 Copyright (Infringing File Sharing and Cellular Mobile Networks) Order 2013 2013/336

Order 1 Title

This order is the Copyright (Infringing File Sharing and Cel- lular Mobile Networks) Order 2013.

2 Commencement This order comes into force on 30 September 2013.

3 Section 122S of Copyright Act 1994 amended In the Copyright Act 1994, section 122S(2), replace “30 Sep- tember 2013” with “30 September 2015”.

Rebecca Kitteridge, Clerk of the Executive Council.

Explanatory note This note is not part of the order, but is intended to indicate its general effect. This order, which comes into force on 30 September 2013, amends the Copyright Act 1994 (the Act). Section 122C of the Act requires Internet protocol address providers to issue infringement notices for alleged copyright breaches. Section 122S of the Act provides that section 122C does not apply to cellular mobile networks until the close of 30 September 2013. This order amends section 122S to delay the application of section 122C to cellular mobile networks until 30 September 2015.

Regulatory impact statement The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 15 August 2013 to help inform the decisions taken by the Government relating to the contents of this order.

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2013/336 Copyright (Infringing File Sharing and Cellular Mobile Networks) Order 2013 Explanatory note

A copy of the regulatory impact statement can be found at— • http://www.med.govt.nz/about-us/publications/publica-

tions-by-topic/regulatory-impact-statements/mbie-regula- tory-impact-statements

• http://www.treasury.govt.nz/publications/informationre- leases/ris

Issued under the authority of the Legislation Act 2012. Date of notification in Gazette: 29 August 2013. This order is administered by the Ministry of Business, Innovation, and Employment.

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Wellington, New Zealand: Published under the authority of the New Zealand Government—2013

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WIPO Lex No. NZ165