(SR 1995/146)
Catherine A Tizard, Governor-General
At Wellington this 10th day of July 1995
Present: Her Excellency the Governor-General in Council
Pursuant to section 234 of the Copyright Act 1994, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
Ageneraloutlineofthesechangesissetoutinthenotesattheendofthisreprint,togetherwith other explanatory material about this reprint.
r 1 | Copyright (General Matters)Regulations 1995 | Reprinted as at31 October 2008 | ||||
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Contents | ||||||
Page | ||||||
1 | Title and commencement | 2 | ||||
2 | Interpretation | 2 | ||||
3 | Prescribed judicial bodies for purposes of Act | 2 | ||||
4 | Prescribed classes of libraries for purposes of section 50 | 3 | ||||
of Act | ||||||
5 | Prescribed bodies for purposes of section 69 of Act | 3 | ||||
5A | Prescribed bodies, broadcasts or cable programmes, for | 4 | ||||
purposes of section 90 of Act | ||||||
5B | Notice to Internet service provider of infringement | 5 | ||||
5C | Declaration by qualified person in relation to TPM | 5 | ||||
circumvention device | ||||||
6 | Revocations | 6 |
1 | Title and commencement | |
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(1) | TheseregulationsmaybecitedastheCopyright(GeneralMat | |
ters) Regulations 1995. | ||
(2) | These regulations shall come into force on 15 August 1995. | |
2 | Interpretation | |
In these regulations, unless the context otherwise requires,— | ||
Act means the Copyright Act 1994 | ||
interloan scheme means the scheme of that name jointly | ||
administered by the National Library of New Zealand estab | ||
lished by the National Library Act 1965 and the New Zealand | ||
Library and Information Association: Te Rau Herenga o | ||
Aotearoa Incorporated, a society incorporated under the | ||
Incorporated Societies Act 1908. | ||
3 | Prescribed judicial bodies for purposes of Act | |
Thefollowingbodiesareherebydeclaredtobejudicialbodies | ||
for the purposes of the Act: | ||
(a) | the Advertising Standards Complaints Appeal Board | |
appointed by the Advertising Standards Author | ||
ity Incorporated, a society incorporated under the | ||
Incorporated Societies Act 1908: |
(b) theAdvertisingStandardsComplaintsBoardappointed by the Advertising Standards Authority Incorporated, asocietyincorporatedunderthe IncorporatedSocieties Act 1908.
4 Prescribed classes of libraries for purposes of section 50 of Act The following classes of library are prescribed classes of li braries for the purposes of section 50 of the Act:
Regulation 4: substituted, on 1 November 1998, by regulation 2 of the Copy right (General Matters) Amendment Regulations 1998 (SR 1998/281).
5 Prescribed bodies for purposes of section 69 of Act The following bodies are hereby declared to be prescribed bodies for the purposes of section 69 of the Act:
Regulation5(a): substituted,on 21October1996,byregulation2oftheCopyright(General Matters) Regulations1995, Amendment No 1 (SR 1996/251).
Regulation5(ab): inserted,on17January2008,byregulation4oftheCopyright (General Matters) Amendment Regulations 2007 (SR 2007/397).
Regulation5(b): substituted,on21October1996,byregulation2oftheCopyright(General Matters) Regulations1995, Amendment No 1 (SR 1996/251).
Regulation 5(c): substituted, on 30 April 2003, by section 28(2) of the Royal New Zealand Foundation of the Blind Act 2002 (2002 No 3 (P)).
Regulation 5(d) : added, on 21October 1996, by regulation 2 of the Copyright (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251).
Regulation 5(e) : added, on 21 October 1996, by regulation 2 of the Copyright (General Matters) Regulations 1995, Amendment No 1 (SR 1996/251).
Regulation5A:inserted,on1November1998,by regulation3 oftheCopyright (General Matters) Amendment Regulations 1998 (SR 1998/281).
Regulation 5A(1)(a): substituted, on 15 August 2003, by regulation 3 of the Copyright (GeneralMatters)Amendment Regulations2003 (SR 2003/162).
Regulation 5A(1)(ab): inserted, on 15 August 2003, by regulation 3 of the Copyright (GeneralMatters)Amendment Regulations2003 (SR 2003/162).
Regulation 5A(1)(b): substituted, on 21 April 2005, by section 67(2) of the Public Records Act 2005 (2005 No 40).
5B Notice to Internet service provider of infringement A notice to an Internet service provider under section 92C(3) of the Act must be in the form of a notice that—
Regulation 5B: inserted, on 31 October 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352).
5C Declaration by qualified person in relation to TPM circumvention device A declaration by a qualified person under section 226D(4) of the Act must be in the form of a statement that—
Regulation 5C: inserted, on 31 October 2008, by regulation 4 of the Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352).
The following regulations are hereby consequentially revoked:
Marie Shroff, Clerk of the Executive Council.
Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 13 July 1995.
1 General
2 Status of reprints
3 How reprints are prepared
4 Changesmadeundersection17CoftheActsandRegulations Publication Act 1989
5 List of amendments incorporated in this reprint (most recent first)
Notes
This is a reprint of the Copyright (General Matters) Regulations 1995. The reprint incorporates all the amendments to the regulations as at 31 October 2008, as specified in the list of amendments at the end of these notes.
Relevantprovisionsofany amending enactmentsthatcontain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the dateofthereprint,thelawenactedbytheprincipalenactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumesofstatutesorstatutoryregulations in whichthe principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked
7
are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section17C oftheActsandRegulationsPublicationAct1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes thatwould alter the effect of the legislation are not permitted.
Anewformatoflegislationwasintroducedon1January2000. Changestolegislativedraftingstylehavealsobeenmadesince 1997,andareongoing. Totheextentpermittedbysection17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
Inoutline,theeditorialchangesmadeinreprintsundertheauthorityof section17C oftheActsandRegulationsPublication Act1989aresetoutbelow,andtheyhavebeenapplied,where relevant, in the preparation of this reprint:
• omission of unnecessary referential words (such as “of this section” and “of this Act”)
Copyright (General Matters) Amendment Regulations 2008 (SR 2008/352) Copyright (General Matters) Amendment Regulations 2007 (SR 2007/397) Public Records Act 2005 (2005 No 40): section 67(2) Copyright (General Matters) Amendment Regulations 2003 (SR 2003/162) RoyalNewZealandFoundationoftheBlindAct2002(2002No3(P)): section
28(2) Copyright (General Matters) Amendment Regulations 1998 (SR 1998/281) Copyright (General Matters) Regulations 1995, Amendment No 1 (SR
1996/251)
Wellington, New Zealand: Published under the authority of the New Zealand Government—2010