Copyright Amendment (Re-enactment) Act 1993, Australia

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107, 1993

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - LONG TITLE

An Act to repeal the Copyright Amendment Act 1989, to re-enact

certain provisions of that Act, and for related purposes

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 1

Short title

(Assented to 22 December 1993)

1. This Act may be cited as the Copyright Amendment (Re-enactment) Act 1993.

(Minister's second reading speech made in -

Senate on 20 October 1993

House of Representatives on 24 November 1993)

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 2

Commencement

2.(1) Subject to subsection (2), this Act commences on the day on which it

receives the Royal Assent.

(2) The amendments made by this Act are taken to have commenced on the dates

set out in the Schedule.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 3

Interpretation

3. In this Act:

"Amending Act" means the Copyright Amendment Act 1989;

"Principal Act" means the Copyright Act 1968.*1*

*1* No. 63, 1968, as amended. For previous amendments, see No. 216, 1973; Nos.

37 and 91, 1976; No. 160, 1977; No. 19, 1979; No. 154, 1980; Nos. 42 and 61,

1981; No. 113, 1981 (as amended by No. 154, 1982); Nos. 26, 80 and 154, 1982;

Nos. 7, 80, 91 and 136, 1983; Nos. 43 and 165, 1984; Nos. 65 and 67, 1985;

Nos. 78 and 168, 1986; No. 23, 1987; No. 146, 1988; Nos. 28 and 32, 1989; Nos.

174 and 180, 1991; and Nos. 105 and 167, 1992.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 4

Re-enactment of certain provisions of Amending Act

4. The Principal Act is amended in the terms set out in:

(a) sections 3 to 14, 17, 18, 21, 23, 24, 26 and 28 of the Amending Act;

and

(b) the Schedule to the Amending Act.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 5

Insertion of new Part VB

5. After Part VA of the Principal Act the Part set out in section 15 of the

Amending Act (new Part VB) is inserted.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 6

Insertion of new sections 153C and 153D

6. After section 153B of the Principal Act the sections set out in section

19 of the Amending Act (new sections 153C and 153D) are inserted.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 7

Insertion of new section 195B

7. After section 195A of the Principal Act the following section is

inserted:

Review of certain decisions

"195B.(1) For the purposes of this section, the following decisions are

reviewable decisions:

(a) a decision of the Attorney-General refusing to make a declaration in

respect of a body or institution under subsection 10A(1), 135P(1) or

135ZZB(1);

(b) a decision of the Attorney-General revoking a declaration made in

respect of a body or institution under subsection 10A(1), 135P(1) or

135ZZB(1);

(c) a decision of the Comptroller-General of Customs not to grant permission

under subsection 135(6).

"(2) Where the Attorney-General makes a reviewable decision referred to in

paragraph (1)(a) or (b), the Attorney-General shall cause to be sent to the

body or institution concerned a written notice containing:

(a) the terms of the decision; and

(b) a statement to the effect that, subject to the Administrative Appeals

Tribunal Act 1975, application may be made to the Administrative Appeals

Tribunal for review of the decision; and

(c) except where subsection 28(4) of that Act applies-a statement to the

effect that the body or institution may request a statement under section 28

of that Act.

"(3) Where the Comptroller-General of Customs makes a reviewable decision

referred to in paragraph (1)(c), the Comptroller-General shall cause to be

sent to the owner or importer whose interests are affected by the decision a

notice containing:

(a) the terms of the decision; and

(b) a statement to the effect that where no appeal under subsection 135(6)

has been made to the Minister for Industry, Technology and Commerce against

the decision, the owner or importer may, subject to the Administrative Appeals

Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of

the decision; and

(c) except where subsection 28(4) of that Act applies-a statement to the

effect that the owner or importer may request a statement under section 28 of

that Act.

"(4) Failure to include in a notice under subsection (2) or (3) a statement

of the kind referred to in paragraph (2)(b) or (c) or (3)(b) or (c), as the

case requires, does not affect the validity of the decision to which the

notice relates.

"(5) Subject to subsection (6), application may be made to the

Administrative Appeals Tribunal for review of a reviewable decision.

"(6) Application may not be made to the Administrative Appeals Tribunal for

review of a reviewable decision referred to in paragraph (1)(c) if a person

has appealed to the Minister for Industry, Technology and Commerce against the

decision under subsection 135(6).

"(7) Where an application is made to the Administrative Appeals Tribunal for

review of a reviewable decision referred to in paragraph (1)(c), a person is

not entitled to appeal to the Minister for Industry, Technology and Commerce

against that decision under subsection 135(6).

"(8) In this section:

'decision' has the same meaning as in the Administrative Appeals Tribunal

Act 1975.".

Note: This section re-enacts the terms of section 22 of the Amending Act,

except that the new section 195B does not include references to section

135ZZU. That section was inserted in the Principal Act by a provision of the

Amending Act which is not re-enacted by this Act.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 8

Application and repeal of section 200A

8.(1) Section 200A of the Principal Act is taken to have ceased to apply, on

29 January 1990, to an eligible item that is a sound broadcast, a television

broadcast, or a work, sound recording or cinematograph film included in a

sound or television broadcast.

(2) Section 200A of the Principal Act is taken to have been repealed on 1

July 1990.

Note: This section re-enacts the terms of section 25 of the Amending Act.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 9

Inspection of records and declarations retained by libraries, archives or institutions

9.(1) Section 203E of the Principal Act is amended as set out in paragraphs

27(1)(a) to (p) of the Amending Act.

(2) Section 203E of the Principal Act is further amended as set out in

paragraphs 27(3)(d) and (f) of the Amending Act.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 10

Savings

10. In spite of anything in this Act:

(a) the Principal Act, as in force immediately before 29 January 1990,

continues to apply in relation to a copy of a television broadcast made in

reliance on section 200A of the Principal Act; and

(b) the Principal Act, as in force immediately before 1 July 1990, continues

to apply in relation to a copy of a work or other subject-matter made in

reliance on section 53A, 53B, 53C, 53D or 200A of the Principal Act;

until the end of the period of 4 years beginning on the day on which the copy

was made.

Note: This section re-enacts the terms of section 29 of the Amending Act.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 11

Declarations by the Attorney-General

11. A declaration made by the Attorney-General before the commencement of

this section under section 135P or 135ZZB of the Principal Act as purported to

be amended by the Amending Act is taken:

(a) to have been made under the Principal Act as amended by this Act; and

(b) to have taken effect on the day the declaration purported to take

effect.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 12

Regulations

12. Where:

(a) regulations were made, before the commencement of this section, under a

provision of the Principal Act as purported to be amended by the Amending Act;

and

(b) the provision of the Principal Act as amended by this Act is in the same

terms as the provision referred to in paragraph (a);

those regulations are taken to have been made under the Principal Act as

amended by this Act and to have taken effect on the day they purported to take

effect.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SECT 13

Repeal of Amending Act

13. The Copyright Amendment Act 1989 is repealed.

COPYRIGHT AMENDMENT (RE-ENACTMENT) ACT 1993 No. 107 of 1993 - SCHEDULE

SCHEDULE Subsection 2(2)

COMMENCEMENT OF RE-ENACTED PROVISIONS

Provision of Amending Act setting out the terms of the amendment

Provision of this Act enacting the amendment

Date of commencement

Sections 3, 5, 7, 12, 13, 21 and 28

Section 4

1 October 1989

Section 22

Section 7

1 October 1989

Sections 4, 14, 18 and 23

Section 4

29 January 1990

Section 25

Section 8

29 January 1990

Section 27

Section 9

29 January 1990

Section 29

Section 10

29 January 1990

Sections 6 and 24 and paragraph 26(a)

Section 4

1 July 1990

Section 15

Section 5

1 July 1990

Section 19

Section 6

1 July 1990

Paragraphs 26(b)-(f)

Section 4

2 July 1990

Sections 8-11 and 17

Section 4

1 October 1990

Schedule items 1, 4, 10, 12, 14, 19, 25 and 26

Section 4

1 October 1989

Schedule items 48, 49 and 53

Section 4

29 January 1990

Schedule items 2, 3, 6-9, 11, 13, 15, 18, 21-24, 27-47 and 50-52

Section 4

1 July 1990

Schedule items 5, 16, 17 and 20

Section 4

1 October 1990

Note: The dates shown in this table are the dates on which the provisions of the Amending Act were, under the Amending Act, proclaimed to commence.