This compilation was prepared on 7 July 2010 taking into account amendments up to Act No. 94 of 2010
The text of any of those amendments not in force on that date is appended in the Notes section
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Part I—Preliminary
1 | Short title [see Note 1].......................................................................1 |
2 | Commencement [see Note 1].............................................................1 |
4 | Extension to external Territories .......................................................1 |
5 | Exclusion of Imperial Copyright Act, 1911.......................................1 |
6 | Repeal of Copyright Acts ..................................................................1 |
7 | Act to bind the Crown .......................................................................2 |
8 | Copyright not to subsist except by virtue of this Act.........................2 |
8A | Prerogative rights of the Crown in the nature of copyright................2 |
9 | Operation of other laws .....................................................................2 |
9A | Application of the Criminal Code .....................................................3 |
Part II—Interpretation 4
10 Interpretation.....................................................................................4
10AA Non-infringing copy of a sound recording.......................................24
10AB Non-infringing copy of a computer program ...................................25
10AC Non-infringing copy of an electronic literary or music item............26
10AD Accessoriestoimported articles......................................................26
10A Declarations and notices relating to certain bodies and
institutions .......................................................................................27 11 Residence in a country not affected by temporary absence.............28 12 References to Parliament.................................................................28 13 Acts comprised in copyright............................................................28 14 Acts done in relation to substantial part of work or other
subject-matter deemed to be done in relation to the whole..............28 15 References to acts done with licence of owner of copyright............29 16 References to partial assignment of copyright.................................29 17 Statutory employment .....................................................................29 18 Libraries established or conducted for profit...................................29 19 References to Copyright Act, 1911..................................................29 20 Names under which work is published............................................30 21 Reproduction and copying of works and other subject-matter.........30 22 Provisions relating to the making of a work or other
subject-matter ..................................................................................31 23 Sound recordings and records..........................................................34 24 References to sounds and visual images embodied in an
article...............................................................................................34 25 Provisions relating to broadcasting..................................................34 27 Performance.....................................................................................35 28 Performance and communication of works or other
subject-matter in the course of educational instruction....................36 29 Publication.......................................................................................38
30 Ownership of copyright for particular purposes..............................40 30A Commercial rental arrangement ......................................................40
Part III—Copyright in original literary, dramatic, musical and artistic works 42
Division 1—Nature, duration and ownership of copyright in
works 42 31 Nature of copyright in original works..............................................42 32 Original works in which copyright subsists.....................................44 33 Duration of copyright in original works..........................................44 34 Duration of copyright in anonymous and pseudonymous
works...............................................................................................45 35 Ownership of copyright in original works.......................................45
Division 2—Infringement of copyright in works 48 36 Infringement by doing acts comprised in the copyright...................48 37 Infringement by importation for sale or hire....................................48 38 Infringement by sale and other dealings..........................................49 39 Infringement by permitting place of public entertainment to
be used for performance of work.....................................................50 39A Infringing copies made on machines installed in libraries and archives............................................................................................50 39B Communication by use of certain facilities .....................................51
Division 3—Acts not constituting infringements of copyright in
works 52 40 Fair dealing for purpose of research or study ..................................52 41 Fair dealing for purpose of criticism or review................................54 41A Fair dealing for purpose of parody or satire.....................................54 42 Fair dealing for purpose of reporting news......................................54 43 Reproduction for purpose of judicial proceedings or
professional advice..........................................................................55 43A Temporary reproductions made in the course of communication ................................................................................55 43B Temporary reproductions of works as part of a technical process of use..................................................................................55 43C Reproducing works in books, newspapers and periodical publications in different form forprivate use..................................56 44 Inclusion of works in collections for use by places of
education .........................................................................................58 44A Importation etc. of books.................................................................58 44B Reproduction of writing on approved label for containers for
chemical product .............................................................................61 44C Copyright subsisting in accessories etc. to imported articles...........62 44D Import of non-infringing copy of sound recording does not
infringe copyright in works recorded...............................................62
44E Importation and sale etc.ofcopies of computer programs..............63 44F Importation and sale etc. of copies of electronic literary or music items......................................................................................63
Division 4—Acts not constituting infringements of copyright in
literary, dramatic and musical works 65 45 Reading or recitation in public or for a broadcast............................65 46 Performance at premiseswhere persons reside or sleep..................65 47 Reproduction for purpose of broadcasting.......................................65 47AA Reproduction for the purpose ofsimulcasting.................................67 47A Sound broadcasts by holders of print disability radio licences........67
Division 4A—Acts not constituting infringements of copyright in
computer programs 71 47AB Meaning of computer program........................................................71 47B Reproduction for normal use or study of computer programs .........71 47C Back-up copy of computer programs...............................................72 47D Reproducing computer programs to make interoperable
products ...........................................................................................73 47E Reproducing computer programs to correct errors ..........................74 47F Reproducing computer programs for security testing......................75 47G Unauthorised use of copies or information......................................76 47H Agreements excluding operation of certain provisions....................76
Division 4B—Acts not constituting infringements of copyright in artistic works 77 47J Reproducing photograph in different format for private use ...........77
Division 5—Copying of works in libraries or archives 79 48 Interpretation...................................................................................79 48A Copying by Parliamentary libraries for members of
Parliament........................................................................................79 49 Reproducing and communicating works by libraries and archives for users.............................................................................79 50 Reproducing and communicating works by libraries or archives for other libraries or archives ............................................84 51 Reproducing and communicating unpublished works in libraries or archives .........................................................................89 51AA Reproducing and communicating works in care of National Archives of Australia.......................................................................90 51A Reproducing and communicating works for preservation and other purposes..................................................................................91 51B Making preservation copies of significant works in key cultural institutions’ collections.......................................................93 52 Publication of unpublished works kept in libraries or archives............................................................................................95
53 Application of Division to illustrations accompanying
articles and other works...................................................................96
Division 6—Recording of musical works 97 54 Interpretation...................................................................................97 55 Conditions upon which manufacturer may make records of
musical work...................................................................................98 57 Provisions relating to royalty where 2 or more works are on the one record................................................................................100 59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work................100 60 Records made partly for retail sale and partly for gratuitous
disposal..........................................................................................102 61 Making inquiries in relation to previous records...........................103 64 Sections 55 and 59 to be disregarded in determining whether
an infringement has been committed by the importation of records ...........................................................................................104
Division 7—Acts not constituting infringements of copyright in
artistic works 105 65 Sculptures and certain other works in public places......................105 66 Buildings and models of buildings ................................................105 67 Incidental filming or televising of artistic works...........................105 68 Publication ofartistic works..........................................................105 70 Reproduction for purpose of including work in television
broadcast........................................................................................106 72 Reproduction ofpart ofwork in later work...................................107 73 Reconstruction of buildings...........................................................107
Division 8—Designs 108 74 Corresponding design....................................................................108 75 Copyright protection where corresponding design registered........108 76 False registration of industrial designs under the Designs Act
2003...............................................................................................108 77 Application of artistic works as industrial designs without registration of the designs..............................................................109 77A Certain reproductions of an artistic work do not infringe copyright........................................................................................111
Division 9—Works of joint authorship 113 78 References to all of joint authors...................................................113 79 References to any one ormore of joint authors.............................113 80 Referencesto whichever of joint authors died last........................113 81 Works of joint authorship published under pseudonyms...............113 82 Copyright to subsist in joint works without regard to any
author who is an unqualified person..............................................114 83 Inclusion of joint works in collections for use in places of education .......................................................................................114
Part IV—Copyright in subject-matter other than works 115
Division 1—Preliminary 115 84 Definitions.....................................................................................115
Division 2—Nature of copyright in subject-matter other than
works 117 85 Nature of copyright in sound recordings .......................................117 86 Nature of copyright in cinematograph films..................................117 87 Nature of copyright in television broadcasts and sound
broadcasts......................................................................................118 88 Nature of copyright in published editions of works.......................118
Division 3—Subject-matter, other than works, in which
copyright subsists 119 89 Sound recordings in which copyright subsists...............................119 90 Cinematograph films in which copyright subsists.........................119 91 Television broadcasts and sound broadcasts in which
copyright subsists..........................................................................119 92 Published editions of works in which copyright subsists...............120
Division 4—Duration of copyright in subject-matter other than
works 121 93 Duration of copyright in sound recordings....................................121 94 Duration of copyright in cinematograph films...............................121 95 Duration of copyright in television broadcasts and sound
broadcasts......................................................................................121 96 Duration of copyright in published editions of works ...................122
Division 5—Ownership of copyright in subject-matter other than works 123
Subdivision A—Ownership of copyright in subject-matter other
than works 123 97 Ownership of copyright in sound recordings.................................123 98 Ownership of copyright in cinematograph films ...........................123 99 Ownership of copyright in television broadcasts and sound
broadcasts......................................................................................124 100 Ownership of copyright in published editions of works................125
Subdivision B—Specific provisions relating to the ownership of copyright in pre-commencement sound recordings of live performances 125
100AA Application....................................................................................125 100AB Definitions.....................................................................................125 100AC Application of sections 100AD and 100AE...................................125 100AD Makers of pre-commencement sound recordings of live
performances .................................................................................126
100AE Ownership of pre-commencement copyright in sound
recordings of live performances ....................................................126
100AF Former owners may continue to do any act in relation to the copyright........................................................................................127
100AG Actions by new owners of copyright.............................................128
100AH References to the owner of the copyright in a sound recording........................................................................................128
Division 6—Infringement of copyright in subject-matter other than works 130 100A Interpretation.................................................................................130 101 Infringement by doing acts comprised in copyright ......................130 102 Infringement by importation for sale or hire..................................131 103 Infringement by sale and other dealings........................................131 103A Fair dealing for purpose of criticism or review..............................132 103AA Fair dealing for purpose of parody or satire...................................132 103B Fair dealing for purpose of reporting news....................................132 103C Fair dealing for purpose of research or study ................................133 104 Acts done for purposes of judicial proceeding...............................133 104A Acts done by Parliamentary libraries for members of Parliament......................................................................................134 104B Infringing copies made on machines installed in libraries and archives..........................................................................................134 105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast................................134 106 Causing sound recording to be heard at guest house or club .........135 107 Making of a copy of the sound recording for purpose of broadcasting...................................................................................135 108 Copyright in published recording not infringed by public performance if equitable remuneration paid..................................137 109 Copyright in published sound recording not infringed by broadcast in certain circumstances ................................................138 109A Copying sound recordings for private and domestic use ...............139 110 Provisions relating to cinematograph films ...................................140 110AA Copying cinematograph film in different format for private use .................................................................................................141 110A Copying and communicating unpublished sound recordings and cinematograph films inlibraries or archives...........................142 110B Copying and communicating sound recordings and cinematograph films for preservation and other purposes.............143 110BA Making preservation copies of significant recordings and films in key cultural institutions’ collections.................................145 110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting..............................................147 111 Recording broadcasts for replaying at more convenient time........147 111A Temporary copy made in the course of communication................148
111B Temporary copy of subject-matter as part of a technical process of use................................................................................149 112 Reproductions of editions of work.................................................149 112A Importation and sale etc. of books.................................................150 112AA Making preservation copies of significant published editions in key cultural institutions’ collections..........................................153 112B Reproduction of writing on approved label for containers for chemical product ...........................................................................154 112C Copyright subsisting in accessories etc. to imported articles.........154 112D Import of non-infringing copy of a sound recording does not infringe copyright in the sound recording......................................155 112DA Importation and sale etc. of copies of electronic literary or music items....................................................................................156 112E Communication by use of certain facilities ...................................156
Division 7—Miscellaneous 158 113 Copyrights to subsist independently..............................................158 113A Agents may act on behalf of groups of performers........................158 113B Consent to the use of a sound recording of a live
performance...................................................................................158 113C Use of published sound recordings when owners cannot be found etc........................................................................................159
Part V—Remedies and offences 160
Division 1—Preliminary 160 114 Interpretation.................................................................................160
Division 2—Actions by owner of copyright 161 115 Actions for infringement ...............................................................161 116 Rights of owner of copyright in respect of infringing copies.........163 116AAACompensation for acquisition of property......................................164
Division 2AA—Limitation on remedies available against carriage service providers 166
Subdivision A—Preliminary 166 116AA Purpose of this Division ................................................................166 116AB Definitions.....................................................................................166
Subdivision B—Relevant activities 167 116AC Category A activity........................................................................167 116AD Category B activity........................................................................167 116AE Category C activity........................................................................167 116AF Category D activity........................................................................167
Subdivision C—Limitations on remedies 168 116AG Limitations on remedies................................................................168
Subdivision D—Conditions 169 116AH Conditions .....................................................................................169 116AI Evidence of compliance with conditions.......................................173
Subdivision E—Regulations 173 116AJ Regulations....................................................................................173
Division 2A—Actions in relation to technological protection measures and electronic rights management information 174
Subdivision A—Technological protection measures 174 116AK Definitions.....................................................................................174 116AL Interaction of this Subdivision with Part VAA..............................174 116AM Geographical application...............................................................174 116AN Circumventing an access control technological protection
measure..........................................................................................174 116AO Manufacturing etc. a circumvention device for a technological protection measure..................................................178 116AP Providing etc. a circumvention service for a technological protection measure.........................................................................181 116AQ Remedies in actions under this Subdivision ..................................184
Subdivision B—Electronic rights management information 185 116B Removal or alteration of electronic rights management information....................................................................................185 116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered .......185 116CA Distribution and importation of electronic rights
management information that has been removed or altered...........186 116CB Exception relating to national securityand law enforcement........187 116D Remedies in actions under this Subdivision ..................................188
Division 3—Proceedings where copyright is subject to exclusive
licence 189 117 Interpretation.................................................................................189 118 Application....................................................................................189 119 Rights of exclusive licensee ..........................................................189 120 Joinder of owner or exclusive licensee as a party..........................190 121 Defences available against exclusive licensee...............................190 122 Assessment of damages where exclusive licence granted .............190 123 Apportionment of profits between owner and exclusive
licensee..........................................................................................191 124 Separate actions in relation to the same infringement ...................191 125 Liability for costs...........................................................................192
Division 4—Proof of facts in civil actions 193 126 Presumptions as to subsistence and ownership of copyright .........193
126A Presumptions relating to subsistence of copyright.........................193 126B Presumptions relating to ownership of copyright..........................194 127 Presumptions in relation to authorship of work.............................195 128 Presumptions in relation to publisher of work...............................196 129 Presumptions where author has died .............................................197 129A Presumptions relating to computer programs ................................197 130 Presumptions relating to sound recordings....................................198 130A Acts relating to imported copies of sound recordings....................199 130B Acts relating to imported copies of computer programs................199 130C Acts relating to imported copies of electronic literary or
music items....................................................................................200 131 Presumptions relating to films.......................................................200
Division 4A—Jurisdiction and appeals 202 131A Exercise of jurisdiction..................................................................202 131B Appeals..........................................................................................202 131C Jurisdiction of Federal Court of Australia .....................................202 131D Jurisdiction of Federal Magistrates Court......................................202
Division 5—Offences and summary proceedings 203
Subdivision A—Preliminary 203 132AA Definitions.....................................................................................203 132AB Geographical application...............................................................203
Subdivision B—Substantial infringement on a commercial scale 204 132AC Commercial-scale infringement prejudicing copyright owner.......204
Subdivision C—Infringing copies 206 132AD Making infringing copy commercially..........................................206 132AE Selling or hiring out infringing copy .............................................207 132AF Offering infringing copy for sale or hire........................................209 132AG Exhibiting infringing copy in public commercially.......................211 132AH Importing infringing copy commercially.......................................213 132AI Distributinginfringing copy..........................................................215 132AJ Possessing infringing copy for commerce.....................................217 132AK Aggravated offence—work etc. converted to digital form ............219 132AL Making or possessing devicefor making infringing copy.............220 132AM Advertising supply of infringing copy...........................................222
Subdivision D—Airing of works, sound recordings and films 222 132AN Causing work to be performed publicly ........................................222 132AO Causing recording or film to beheard or seen inpublic................223
Subdivision E—Technological protection measures 224 132APA Definitions.....................................................................................224 132APB Interaction of this Subdivision with Part VAA..............................225 132APC Circumventing an access control technological protection
measure..........................................................................................225
132APD Manufacturing etc. a circumvention device for a technological protection measure..................................................229 132APE Providing etc. a circumvention service for a technological protection measure.........................................................................233
Subdivision F—Electronic rights management information 237 132AQ Removing or altering electronic rights management information....................................................................................237 132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information....................................................................................239 132AS Distributing or importing electronic rights management information....................................................................................241 132AT Defences........................................................................................244
Subdivision G—Evidence 245 132AU Prosecution to prove profit............................................................245 132A Presumptions in relation to subsistence and ownership of
copyright........................................................................................245 132AAAPresumptions relating to computer programs.................................246 132B Presumptions relating to sound recordings....................................247 132C Presumptions relating to films.......................................................248
Subdivision H—Extra court orders 249 133 Destruction or delivery up of infringing copies etc. ......................249
Subdivision I—Procedure and jurisdiction 250 133A Courts in which offences may be prosecuted.................................250 133B Infringement notices......................................................................250
Division 6—Miscellaneous 251 134 Limitation of actions in respect of infringement of copyright .......251 134A Affidavit evidence.........................................................................251
Division 7—Seizure of imported copies of copyright material 253 134B Interpretation.................................................................................253 135 Restriction of importation of copies of works etc..........................254 135AA Decision not to seize unless expenses are covered........................256 135AB Secure storage of seized copies .....................................................256 135AC Notice of seizure............................................................................256 135AD Inspection, release etc. of seized copies.........................................258 135AE Forfeiture of seized copies by consent...........................................259 135AF Compulsory release of seized copies to the importer.....................259 135AG Provision relating to actions for infringement of copyright...........260 135AH Retention of control of seized copies.............................................261 135AI Disposal of seized copies ordered to be forfeited..........................261 135AJ Failure to meet Commonwealth’s expenses of seizure..................261 135AK Immunity of the Commonwealth...................................................262
Part VAA—Unauthorised access to encoded broadcasts 263
Division 1—Preliminary 263 135AL Definitions.....................................................................................263 135AM Counterclaim.................................................................................264 135AN This Part does not apply to law enforcement activity etc. .............264 Division 2—Actions 265 Subdivision A—Actions relating to unauthorised decoders 265 135AOAMaking or dealing with unauthorised decoder...............................265
Subdivision B—Actions relating to decoders for subscription broadcasts 266 135AOBMaking decoder available online ...................................................266
Subdivision C—Actions for unauthorised access to encoded broadcasts 267 135AOCCausing unauthorised access..........................................................267 135AODUnauthorised commercial use of subscription broadcast...............268 Subdivision D—Court orders 269 135AOE Relief.............................................................................................269 135AOF Destruction of decoder ..................................................................269 Subdivision E—Jurisdiction and appeals 269 135AP Exercise of jurisdiction..................................................................269 135AQ Appeals..........................................................................................269 135AR Jurisdiction of Federal Court of Australia .....................................270 135AS Jurisdiction of Federal Magistrates Court......................................270
Division 3—Offences 271 Subdivision A—Offences 271 135ASA Making unauthorised decoder........................................................271 135ASB Selling or hiring unauthorised decoder..........................................271 135ASC Offering unauthorised decoder for sale or hire..............................271 135ASD Commercially exhibiting unauthorised decoder in public .............272 135ASE Importing unauthorised decoder commercially .............................273 135ASF Distributing unauthorised decoder.................................................273 135ASG Making unauthorised decoder available online .............................274 135ASH Making decoder available online for subscription broadcast.........274 135ASI Unauthorised access to subscription broadcast etc. .......................275 135ASJ Causing unauthorised access to encoded broadcast etc. ................276 Subdivision B—Prosecutions 277 135ATA Courts in which offences may be prosecuted.................................277 Subdivision C—Further orders by court 278 135AU Destruction etc. of unauthorised decoders.....................................278
Part VA—Copying and communication of broadcasts by educational and other institutions 279
Division 1—Preliminary 279 135A Interpretation.................................................................................279 135B Copies and communications of broadcasts....................................280 135C Extended operation of this Part......................................................280 135D Operationof collecting societyrules.............................................281
Division 2—Copying and communication of broadcasts 282 135E Copying and communication of broadcasts by educational institutions etc................................................................................282 135F Making and communication of preview copies.............................283 135G Remuneration notices....................................................................285 135H Records notices..............................................................................286 135J Sampling notices ...........................................................................287 135JAA Determination of questions relating to this Division or the collecting society’s rules ...............................................................289 135JA Agreed notice ................................................................................290 135K Marking and record keeping requirements....................................292 135KA Notice requirements in respect of communications.......................293 135L Inspection of records etc................................................................294 135M Revocation of remuneration notice................................................295 135N Request for payment of equitable remuneration............................295
Division 3—The collecting society 296 135P Declaration of the collecting society .............................................296 135Q Revocation of declaration..............................................................297 135R Annual report and accounts...........................................................298 135S Amendment of rules......................................................................298 135SA Applying to Tribunal for review of distribution arrangement........299
Division 4—Interim copying 300 135T Appointment of notice holder........................................................300 135U Copying before declaration of collecting society ..........................300 135V Preview copies...............................................................................301 135W Notices by administering bodies....................................................301 135X Marking and record keeping requirements....................................302 135Y Effect of declaration of collecting society.....................................302
Division 5—Miscellaneous 303 135Z Relevant right holder may authorise copying etc...........................303 135ZA Copyright not to vest in copier ......................................................303
Part VB—Reproducing and communicating works etc. by educational and other institutions 304
Division 1—Preliminary 304 135ZB Interpretation.................................................................................304 135ZC Eligible items and photographic versions......................................305 135ZE Part does not apply to computer programs ....................................306 135ZF Operationof collecting societyrules.............................................306 135ZFA Licensed communications .............................................................306
Division 2—Reproduction by educational institutions of works
that are in hardcopy form 307 135ZGA Application of Division.................................................................307 135ZG Multiple reproduction of insubstantial parts of works that are
in hardcopy form...........................................................................307 135ZH Copying of printed published editions by educational institutions .....................................................................................308 135ZJ Multiple reproduction of printed periodical articles by educational institutions..................................................................308 135ZK Multiple reproduction of works published in printed anthologies ....................................................................................309 135ZL Multiple reproduction of works that are in hardcopy form by educational institutions..................................................................309 135ZM Application of Division to certain illustrations that are in hardcopy form ...............................................................................310
Division 2A—Reproduction and communication of works that
are in electronic form 312 135ZMAApplication of Division .................................................................312 135ZMBMultiple reproduction and communication of insubstantial
parts of worksthat are in electronic form......................................312 135ZMCMultiple reproduction and communication of periodical articles that are in electronic form by education institutions..........314 135ZMDMultiple reproduction and communication of works that are in electronic form by educational institutions................................314 135ZMDAReproduction and communication of works from electronic anthologies by educational institutions..........................................315 135ZME Application of Division to certain illustrations in electronic form...............................................................................................316
Division 3—Reproduction and communication of works by institutions assisting persons with a print disability 318 135ZN Copying published editions by institutions assisting persons with a print disability.....................................................................318 135ZP Multiple reproduction and communication of works by institutions assisting persons with a print disability.......................318
135ZQ Making of relevant reproductions and relevant communications by institutions assisting persons with a print disability........................................................................................320
Division 4—Reproduction and communication of works etc. by institutions assisting persons with an intellectual disability 323
135ZR Copying of published editions by institutions assisting persons with an intellectual disability............................................323
135ZS Copying and communication of eligible items by institutions assisting persons with an intellectual disability.............................323
135ZT Making of copies etc. for use in making copies or communications for a person with an intellectual disability..........324
Division 5—Equitable remuneration 326 135ZU Remuneration notices....................................................................326 135ZV Records notices..............................................................................326 135ZW Sampling notices ...........................................................................327 135ZWAADetermination of questions relating to this Part or a
collecting society’s rules ...............................................................328
135ZWAElectronic use notices....................................................................329
135ZX Records notices and sampling notices: marking and
record-keeping requirements.........................................................331 135ZXA Electronic use notices: notice requirements etc.............................332 135ZY Inspection of records etc................................................................333 135ZZ Revocation of remuneration notice................................................334 135ZZA Request for payment of equitable remuneration............................334
Division 6—Collecting societies 335 135ZZB Collecting societies........................................................................335 135ZZC Revocation of declaration..............................................................337 135ZZD Annual report and accounts...........................................................337 135ZZE Amendment of rules......................................................................338 135ZZEAApplying to Tribunal for review of distribution arrangement.......338
Division 7—Miscellaneous 339 135ZZF Rights of copyright owners............................................................339 135ZZG Copyright not to vest in copier ......................................................339 135ZZH Unauthorised use of copies............................................................339
Part VC—Retransmission of free-to-air broadcasts 341
Division 1—Preliminary 341 135ZZI Definitions.....................................................................................341 135ZZJ Operationof collecting society rules.............................................342 135ZZJAApplication of Part........................................................................342
Division 2—Retransmission of free-to-air broadcasts 343 135ZZK Retransmission of free-to-air broadcasts .......................................343
135ZZL Remuneration notices....................................................................343 135ZZM Amount of equitable remuneration................................................344 135ZZN Record system...............................................................................344 135ZZP Inspection of records etc................................................................345 135ZZQ Identity cards.................................................................................346 135ZZR Revocation of remuneration notice................................................346 135ZZS Request for payment of equitable remuneration............................347
Division 3—Collecting societies 348 135ZZT Collecting societies........................................................................348 135ZZU Revocation of declaration..............................................................350 135ZZV Annual report and accounts...........................................................350 135ZZW Amendment of rules......................................................................351 135ZZWAApplying to Tribunal for review of distribution
arrangement...................................................................................351
Division 4—Interim retransmissions 352 135ZZX Appointment of notice holder........................................................352 135ZZY Retransmitting before declaration of collecting society.................352 135ZZZ Notices by retransmitters...............................................................352 135ZZZARecord keeping requirements.......................................................353 135ZZZBEffect of declaration of collecting society ....................................353
Division 5—Miscellaneous 355 135ZZZCRelevant copyright owner may authorise retransmitting ..............355 135ZZZDCopyright not to vest under this Part............................................355 135ZZZELicence to retransmit does not authorise copyright
infringements.................................................................................355
Part VD—Re-broadcasts by satellite BSA licensees 356
Division 1—Preliminary 356 135ZZZFDefinitions ....................................................................................356 135ZZZGEligible program and original broadcaster....................................357 135ZZZHOperation of collecting society rules............................................357
Division 2—Re-broadcasts by satellite BSA licensees 358 135ZZZIRe-broadcasts by satellite BSA licensees......................................358 135ZZZJRemuneration notices ....................................................................360 135ZZZKAmount of equitable remuneration...............................................361 135ZZZLRecord system...............................................................................361 135ZZZMRevocation of remuneration notice..............................................362 135ZZZNRequest for payment of equitable remuneration...........................362
Division 3—Collecting societies 363 135ZZZOCollecting societies.......................................................................363 135ZZZPRevocation of declaration .............................................................365 135ZZZQAnnual report and accounts..........................................................365
135ZZZRAmendment of rules .....................................................................366 135ZZZSApplying to Tribunal for review of distribution arrangement.......367
Division 4—Interim re-broadcasts 368 135ZZZTAppointment of notice holder.......................................................368 135ZZZURe-broadcast before declaration of collecting society..................368 135ZZZVNotices by satellite BSA licensees ...............................................368 135ZZZWRecord keeping requirements......................................................369 135ZZZXEffect of declarationof collectingsociety....................................369
Division 5—Miscellaneous 371 135ZZZYRelevant copyright owner may authorise re-broadcast.................371 135ZZZZCopyright not to vest under this Part.............................................371 135ZZZZALicence to re-broadcast does not authorise copyright infringements.................................................................................371
Part VI—Copyright Tribunal of Australia 372
Division 1—Preliminary 372 136 Interpretation.................................................................................372 137 Cases to which licence schemes apply...........................................374
Division 2—Constitution of the Tribunal 375 138 Constitutionof Tribunal................................................................375 139 Appointment of members of Tribunal...........................................375 140 Qualifications of members.............................................................375 141 Tenure of office.............................................................................376 141A Seniority of Deputy Presidents......................................................376 142 Acting President............................................................................376 143 Remunerationand allowances.......................................................377 144 Oath or affirmation of office..........................................................377 144A Disclosure of interests by members...............................................377 144B Removal from office for failure to disclose interest ......................378 145 Resignation....................................................................................378 146 Sittings of the Tribunal..................................................................378 147 President to arrange business of Tribunal......................................379
Division 3—Applications and references to the Tribunal 380
Subdivision A—Preliminary 380 148 Interpretation.................................................................................380
Subdivision B—Applications relating to Parts III and IV 380 149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work............................380 149A Applications to Tribunal under section 47A..................................380 150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording ..........................................................381
151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording......................................................381
152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings...................382 152A Applications to Tribunal for determination of amount of royalty payable for recording musical works.................................388 152B Applications to Tribunal for determination of manner of paying royalty................................................................................389 153 Applications to Tribunal for apportionment of royalty in respect of a record .........................................................................390
Subdivision C—Applications and references relating to Part VA 390 153A Applications to Tribunal under section 135H, subsection
135J(1) or subsection 135JA(1).....................................................390 153B Applications toTribunal under subsection 135J(3).......................391 153BAAAApplication to the Tribunal under subsection 135JAA(2)...........392 153BA Application to the Tribunal under subsection 135JA(3)................392 153BAAApplication to the Tribunal under subsection 135K(2A) ...............392 153BAB References relating to declaration of collecting society.................393 153BAC References relating to revocation of declaration of collecting
society ...........................................................................................394 153BADReview of collecting society’s distribution arrangement................394
Subdivision D—Applications and references relating to Part VB 395 153BB Application to the Tribunal under subsection 135ZME(3)............395 153C Applications to the Tribunal under section 135ZV or
subsection 135ZW(1) or 135ZWA(1)............................................396 153D Applications to Tribunal under subsection 135ZW(3)...................396 153DAAApplication to the Tribunal under subsection 135ZWAA(2).........397 153DA Applications to the Tribunal under subsection 135ZWA(2)..........397 153DB Application to the Tribunal under subsection 135ZX(2A) ............398 153DC References relating to declaration of collecting society.................398 153DD References relating to revocation of declaration of collecting
society ...........................................................................................399 153DE Review of collecting society’s distribution arrangement...............400
Subdivision E—Applications relating to Part VII 400 153E Applications to Tribunal under subsection 183(5).........................400 153F Applications to Tribunal to declare collecting society for
government copies.........................................................................401 153G Applications to Tribunal to revoke a declaration of a collecting society...........................................................................402 153H Time limit for deciding applications under section 153F or 153G..............................................................................................404 153J Amendment and revocation of a declaration on the declaration of another collecting society .......................................404
153K Applications to Tribunal for method of working out payment for government copies...................................................................405 153KA Review of collecting society’s distribution arrangement...............405
Subdivision F—Applications relating to declarations of institutions 406 153L Applications to Tribunal for review of declarations of certain educational institutions..................................................................406
Subdivision G—Applications and references relating to Part VC 407 153M Applications to the Tribunal under subsection 135ZZM(1)...........407 153N Applications toTribunal under subsection 135ZZN(3).................408 153P References relating to declaration of collecting society.................408 153Q References relating to revocation of declaration of collecting
society ...........................................................................................409 153R Review of collecting society’s distribution arrangement...............409
Subdivision GA—Applications and references relating to Part VD 410 153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast..................................................410 153S Applications to the Tribunal under paragraph 135ZZZK(1)(b)—equitable remuneration.....................................411 153T Applications to Tribunal under paragraph 135ZZZL(3)(b)—
record system.................................................................................412 153U References relating to declaration of collecting society.................412 153V References relating to revocation of declaration of collecting
society ...........................................................................................413 153W Review of collecting society’s distribution arrangement...............414
Subdivision H—References and applications relating to licences
and licence schemes 414 154 Reference of proposed licence schemes to Tribunal......................414 155 Reference of existing licence schemes to Tribunal........................416 156 Further reference of licence schemes to Tribunal..........................418 157 Application to Tribunal in relation to licences...............................419 157A Tribunal must have regard to ACCC guidelines on request...........422 157B Tribunal may make ACCC party to reference or application ........423 158 Effect of licence scheme being continued in operation
pending order of the Tribunal........................................................423 159 Effect of order of Tribunal in relation to licences..........................424
Subdivision I—General provisions 426 160 Interim orders................................................................................426 161 Reference of questions of law to Federal Court of Australia.........427 162 Agreements or awards not affected ...............................................428
Division 4—Procedure and evidence 429 163 Proceedings to be in public except in special circumstances.........429
163A Application may be made to Tribunal by the agent of the copyright owner.............................................................................429 164 Procedure.......................................................................................429 165 Mistakes or errors in orders of the Tribunal ..................................430 166 Regulations as to procedure...........................................................430 167 Power to take evidence on oath.....................................................431 168 Evidence in form of written statement...........................................431 169 Representation...............................................................................431
Division 4A—Alternative dispute resolution processes 432 169A Referral of proceeding for alternative dispute resolution
process...........................................................................................432 169B Directions by President or Deputy President.................................433 169C Agreement about the terms of a decision etc.................................433 169D Evidence not admissible................................................................434 169E Eligibility of person conducting alternative dispute
resolution process to sit as a member of the Tribunal....................435 169F Participation by telephone etc........................................................435 169G Engagement of persons to conduct alternative dispute
resolution processes.......................................................................435
Division 5—Miscellaneous 437 170 Registrar........................................................................................437 170A Other staff of the Tribunal.............................................................438 171 Protecting persons connected with Tribunal proceedings..............438 172 Offences by witnesses ...................................................................439 173 Offences relating to the Tribunal...................................................440 174 Costs of proceedings......................................................................442 175 Proof of orders of Tribunal............................................................442
Part VII—The Crown 443
Division 1—Crown copyright 443 176 Crown copyright in original works made under direction of Crown............................................................................................443 177 Crown copyright in original works first published in Australia underdirection of Crown...............................................443 178 Crown copyright in recordings and films made under direction of Crown.........................................................................443 179 Provisions relating to ownership of copyright may be
modified byagreement..................................................................444 180 Duration of Crown copyright in original works.............................444 181 Duration of Crown copyrightin recordings and films...................445 182 Application of Parts III and IV to copyright subsisting by
virtue of this Part...........................................................................445 182A Copyright in statutory instruments and judgments etc...................445
Division 2—Use of copyright material for the Crown 447 182B Definitions.....................................................................................447 182C Relevant collecting society............................................................447 183 Use of copyright material for the services of the Crown ...............448 183A Special arrangements for copying for services of government......449 183B Payment and recovery of equitable remuneration payable for
government copies.........................................................................450 183C Powers of collecting society to carry out sampling .......................451 183D Annual report and accounts of collecting society..........................452 183E Alteration of rules of collecting society.........................................453 183F Applying to Tribunal for review of distribution arrangement........453
Part VIII—Extension or restriction of operation of Act 454 184 Application of Act to countries other than Australia.....................454 185 Denial of copyright to citizens of countries not giving
adequate protection to Australian works........................................456
186 Application of Act to international organizations..........................457
187 Original works made or first published by international
organizations .................................................................................457
188 Subject-matter, other than original works, made or first published by international organizations.......................................458
Part IX—Moral rights of performers and of authors of literary, dramatic, musical or artistic works and cinematograph films 460
Division 1—Preliminary 460 189 Definitions.....................................................................................460 190 Moral rights conferred on individuals ...........................................464 191 Director, producer and screenwriter of cinematograph film..........464 191A Staging a performance...................................................................465 191B Conductor to be treated as a performer..........................................465 192 Rights to be additional to other rights............................................466
Division 2—Right of attribution of authorship 467 193 Author’s right of attribution of authorship.....................................467 194 Acts giving rise to right of attribution of authorship......................467 195 Nature of the identification of author ............................................468 195AA Identification of author to be clear and reasonably prominent.......468 195AB What is a reasonably prominent identification ..............................468
Division 2A—Right of attribution of performership 469 195ABAPerformer’s right of attribution of performership...........................469 195ABB Acts giving rise to right of attribution of performership................469 195ABC Nature of the identification of performer.......................................469
195ABDIdentification of performer to be clear and reasonably prominent or audible......................................................................470 195ABE What is a reasonably prominent identification ..............................470
Division 3—Right not to have authorship of a work falsely attributed 471 195AC Author’s right not to have authorship falsely attributed ................471 195AD Acts of false attribution of authorship of a literary, dramatic
or musical work.............................................................................471 195AE Acts of false attribution of authorship of artistic work ..................472 195AF Acts of false attribution of authorship of cinematograph film.......472 195AG Acts of false attribution of authorship of altered literary,
dramatic, musical or artistic work..................................................473
195AH Act of false attribution of authorship of altered cinematograph film........................................................................473
Division 3A—Right not to have performership falsely attributed 474 195AHAPerformer’s right not to have performership falsely attributed ......474 195AHBActs of false attribution of performership......................................474 195AHCAct of false attribution of performership of altered recorded
performance...................................................................................476
Division 4—Right of integrity of authorship of a work 478 195AI Author’s right of integrity of authorship........................................478 195AJ Derogatory treatment of literary, dramatic or musical work..........478 195AK Derogatory treatment of artistic work............................................478 195AL Derogatory treatment of cinematograph film.................................479
Division 4A—Right of integrity of performership 480 195ALA Performer’s right of integrity of performership.............................480 195ALB Derogatory treatment of performance............................................480
Division 5—Duration and exercise of moral rights 481
Subdivision A—Duration and exercise of moral rights of authors 481 195AM Duration of author’s moral rights..................................................481 195AN Exercise of author’s moral rights...................................................481
Subdivision B—Duration and exercise of moral rights of performers 482 195ANADuration of performer’s moral rights for recorded performances .................................................................................482 195ANBExercise of performer’s moral rights..............................................482
Division 6—Infringement of moral rights 484
Subdivision A—Infringement of moral rights of authors 484 195AO Infringement of right of attribution of authorship..........................484 195AP Infringement of right not to have authorship falsely
attributed........................................................................................484
195AQ Infringement of right of integrity of authorship.............................484 195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author..............................................485 195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable.....................487 195AT Certain treatment of works not to constitute an infringement
of the author’s right of integrity of authorship...............................488 195AU Infringement by importationfor sale or other dealing...................492 195AV Infringement by sale and otherdealings........................................492 195AVAMatters to be taken into account ....................................................492 195AVBCommunication by use of certain facilities....................................493 195AW Author’s consent to act or omission—films or works in films ......493 195AWAAuthor’s consent to act or omission—work that is not a film
or included in a film ......................................................................494
195AWBConsent invalidated by duress or false or misleading statements......................................................................................495
195AX Acts or omissions outside Australia...............................................495
Subdivision B—Infringement of moral rights of performers 495 195AXAInfringement of right of attribution of performership ....................495 195AXBInfringement of right not to have performership falsely
attributed........................................................................................496
195AXCInfringement of right of integrity of performership........................496
195AXDNo infringement of right of attribution of performership if it
was reasonable not to identify the performer.................................496 195AXE No infringement of right of integrity of performership if
derogatory treatment or other action was reasonable.....................497 195AXF Infringement by importation for sale or other dealing...................498 195AXGInfringement by sale and other dealings.........................................499 195AXHMatters to be taken into account ....................................................499 195AXI Communication by use of certain facilities ...................................499 195AXJ Performer’s consent to act or omission..........................................500 195AXKConsent invalidated by duress or false or misleading
statements......................................................................................500 195AXL Acts or omissions outside Australia...............................................501
Division 7—Remedies for infringements of moral rights 502
Subdivision A—Remedies for infringement of moral rights of
authors 502 195AY Definition etc.................................................................................502 195AZ Actions for infringement of author’s moral rights.........................502 195AZA Remedies for infringements of author’s moral rights....................502 195AZD Presumption as to subsistence of copyright...................................504 195AZE Presumption as to subsistence of author’s moral rights.................504 195AZF Presumptions in relation to authorship of work.............................505
195AZG Other presumptions in relation to literary, dramatic, musical or artistic work...............................................................................505
Subdivision B—Remedies for infringement of moral rights of performers 505 195AZGADefinition etc...............................................................................505 195AZGBActions for infringement of performer’s moral rights..................505 195AZGCRemedies for infringements of performer’s moral rights.............506 195AZGDPresumption as to subsistence of copyright.................................507 195AZGEPresumption as to subsistence of performer’s moral rights..........507 195AZGFPresumptions in relation to performership ...................................507
Subdivision C—Miscellaneous 508 195AZGGSaving of other rights and remedies ............................................508 195AZGHJurisdiction of courts ...................................................................508
Division 8—Miscellaneous 509
Subdivision A—Miscellaneous provisions about moral rights of authors 509 195AZH Parts of works................................................................................509 195AZI Works of joint authorship..............................................................509 195AZJ Cinematograph films that have more than one principal director ..........................................................................................509 195AZK Cinematograph films that have more than one principal producer.........................................................................................510 195AZL Cinematograph films that have more than one principal screenwriter ...................................................................................510 195AZMApplication—right of attribution ofauthorship.............................511 195AZN Application—right not to have authorship falsely attributed.........511 195AZO Application—right of integrity of authorship................................512
Subdivision B—Miscellaneous provisions about moral rights of performers 512 195AZP Parts of performances....................................................................512 195AZQ Performances that have more than one performer .........................512 195AZR Application....................................................................................513
Part X—Miscellaneous 514 195A Interpretation.................................................................................514 195B Review of certain decisions...........................................................515 196 Assignments and licences in respect of copyright .........................516 197 Prospective ownership of copyright ..............................................517 198 Copyright to pass under will with unpublished work ....................517 198A Non-infringement of trade mark in relation to the importation of copyright material..................................................517 199 Reception of broadcasts.................................................................518 200 Use of works and broadcasts for educational purposes..................519
200AAAProxy web caching by educational institutions..............................520
200AA Use of broadcasts by institutions assisting persons with an intellectual disability .....................................................................521 200AB Use of works and other subject-matter for certain purposes..........521 201 Delivery of library material to the National Library......................524 202 Groundless threats of legal proceedings in relation to copyright infringement..................................................................525 202A Groundless threats of legal proceedings in relation to technological protection measures.................................................526 203 Limitation on power of courts to grant relief in proceedings under this Act................................................................................527 203A Offence—failing to keep declarations relating to copying in library or archives..........................................................................527 203D Offence—not arranging declarations chronologically...................528 203E Inspection of records and declarations retained by libraries, archives or institutions...................................................................529 203F False and misleading declarations.................................................531 203G Offence—disposing of or destroying certain declarations.............531 203H Notationof certain copies etc........................................................532
Part XI—Transitional 535
Division 1—Preliminary 535 204 Interpretation.................................................................................535 205 References to making of works, recordings and films...................536 206 References in other laws or instruments to copyright....................536 207 Application....................................................................................537 208 Authorship of photographs............................................................537 209 Publication.....................................................................................537
Division 2—Original works 539 210 Expiredcopyright not to revive.....................................................539 211 Original works in which copyright subsists...................................539 213 Ownership of copyright.................................................................539 214 Infringement by importation, sale and other dealings....................541 215 Recording of musical works..........................................................541 216 Publication of artistic works..........................................................541 217 Reconstruction of buildings...........................................................542 218 Industrial designs...........................................................................542 219 Reproduction of work upon payment of royalties..........................542
Division 3—Subject-matter other than works 545 220 Sound recordings...........................................................................545 221 Cinematograph films.....................................................................545 222 Application of Act to dramatic works and photographs
comprised in cinematograph films.................................................545 223 Television broadcasts and sound broadcasts..................................545
224 Published editions of works...........................................................546 225 Infringement by importation, sale and other dealings....................546
Division 4—Miscellaneous
226 Actions for infringement ...............................................................547 227 Infringing copies............................................................................547 228 Actions where copyright subject to exclusive licence ...................547 229 Offences and summary proceedings..............................................547 230 Limitation of actions......................................................................547 231 Restriction of importation ofprinted copiesof works...................548 232 References and applications to Tribunal in relation to licence
schemes .........................................................................................548 233 Duration of Crown copyright in photographs................................548 234 Duration of Crown copyright in recordings...................................548 235 Crown copyright in films...............................................................549 236 Works made or published by international organizations..............549 237 Subject-matter, other than original works, made or published
by international organizations........................................................549 239 Assignments and licences..............................................................549 240 Bequests ........................................................................................551 241 Delivery of library material to National Library............................552 242 Groundless threats of legal proceedings........................................552
Division 5—Works made before 1 July, 1912 553 243 Interpretation.................................................................................553 244 Application....................................................................................553 245 Rights conferred by Copyright Act, 1911......................................553 246 Performing rights...........................................................................553 247 Contributions to periodicals...........................................................554 248 Assignments and licences..............................................................554
Part XIA—Performers’ protection 556
Division 1—Preliminary 556 248A Interpretation.................................................................................556 248B Educational purposes.....................................................................561 248C Exempt recordings cease to be exempt recordings in certain
circumstances ................................................................................561 248CA Protection period ...........................................................................562 248D Private and domestic use ...............................................................562 248F Application....................................................................................563
Division 2—Actions by performers 564 248G What constitutes unauthorised use.................................................564 248H Copying sound recordings for broadcasting..................................565 248J Actions for unauthorised use.........................................................566 248K Exercise of jurisdiction..................................................................567
248L Appeals..........................................................................................568 248M Jurisdictionof Federal Court.........................................................568 248MA Jurisdiction of Federal Magistrates Court......................................568 248N Right to bring an action not assignable..........................................568
Division 3—Offences 569
Subdivision A—General offences 569 248P Scope of this Subdivision..............................................................569 248PA Unauthorised direct recording during protection period................569 248PB Unauthorised indirect recording during protection period.............570 248PC Unauthorised communication to public during 20-year
protection period............................................................................571 248PD Playing unauthorised recording publicly during 20-year protection period............................................................................572 248PE Possessing equipment to make or copy unauthorised
recording........................................................................................573 248PF Copying unauthorised recording....................................................575 248PG Unauthorised copying of exempt recording...................................576 248PH Unauthorised copying of authorised sound recording ...................577 248PI Selling etc. unauthorised recording ...............................................579 248PJ Distributing unauthorised recording..............................................580 248PK Commercial possession or import of unauthorised recording........582 248PL Exhibiting unauthorised recording in public by way of trade........584 248PM Importing unauthorised recording for exhibition by way of
trade...............................................................................................585
Subdivision B—Acts relating to sound recordings of performances
given before 1 July 1995 586 248QA Scope of this Subdivision..............................................................586 248QB Possessing equipment for copying unauthorised sound
recording........................................................................................587 248QC Copying unauthorised sound recording.........................................588 248QD Selling etc. unauthorised sound recording.....................................589 248QE Distributing unauthorised sound recording....................................590 248QF Commercial possession or import of unauthorised sound
recording........................................................................................592 248QG Exhibiting unauthorised sound recording in public by way of trade...............................................................................................593 248QH Importing unauthorised sound recording for exhibition by way of trade...................................................................................595
Subdivision C—Prosecution and infringement notices 596 248R Courts in which offences may be prosecuted.................................596 248S Protection against multiple proceedings for same act....................596 248SA Infringement notices......................................................................596
Subdivision D—Destruction or delivery up of unauthorised recordings 597 248T Destruction or delivery up of unauthorised recordings..................597
Division 4—Extension of protection to foreign countries 598 248U Application to foreign countries....................................................598 248V Denial of protection to citizens of countries not giving
adequate protection to Australian performances............................599
Part XII—Regulations 600 249 Regulations....................................................................................600
The Schedule 602
Notes 603
An Act relating to copyright and the protection of certain performances, and for other purposes
1 Short title [see Note 1]
This Act may be cited as the Copyright Act 1968.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation.
4 Extension to external Territories
This Act extends to every external Territory.
5 Exclusion of Imperial Copyright Act, 1911
6 Repeal of Copyright Acts
The following Acts are repealed:
Copyright Act 1912; Copyright Act 1933; Copyright Act 1935; Copyright Act 1963.
7 Act to bind the Crown
Subject to Part VII, this Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence.
8 Copyright not to subsist except by virtue of this Act
Subject to section 8A, copyright does not subsist otherwise than by virtue of this Act.
8A Prerogative rights of the Crown in the nature of copyright
9 Operation of other laws
9A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
10 Interpretation
(1) In this Act, unless the contrary intention appears:
access control technological protection measure means a device, product, technology or component (including a computer program) that:
work or other subject-matter; but does not include such a device, product, technology or component to the extent that it:
For the purposes of this definition, computer program has the same meaning as in section 47AB.
accessory, in relation to an article, means one or more of the following:
but does not include any label, packaging or container on which the olympic symbol (within the meaning of the Olympic Insignia Protection Act 1987) is reproduced.
Note: See also section 10AD for an expanded meaning of accessory in relation to certain imported articles.
adaptation means:
(ba) in relation to a literary work being a computer program—a version of the work (whether or not in the language, code or notation in which the work was originally expressed) not being a reproduction of the work;
alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes:
Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition.
approved label means a label approved under:
archives means:
(a) archival material in the custody of:
(iii) the Public Record Office established by the Public Records Act 1973 of the State of Victoria; or
(iv) the Archives Office of Tasmania established by the Archives Act 1965 of the State of Tasmania; or
(aa) archival material in the custody of a person (other than the National Archives of Australia) in accordance with an arrangement referred to in section 64 of the Archives Act 1983; or
(b) a collection of documents or other material to which this paragraph applies by virtue of subsection (4).
artistic work means:
paragraph (a) or (b); but does not include a circuit layout within the meaning of the Circuit Layouts Act 1989.
Australia includes the external Territories.
author, in relation to a photograph, means the person who took the photograph.
authorized officer, in relation to a library or archives, means the officer in charge of that library or archives or a person authorized by that officer to act on his or her behalf.
broadcast means a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992. For the purposes of the application of this definition to a service provided under a satellite BSA licence, assume that there is no conditional access system that relates to the service.
Note: A broadcasting service does not include the following:
building includes a structure of any kind.
calendar year means a period of 12 months commencing on 1 January.
carriage service provider has the same meaning as in the Telecommunications Act 1997.
carrier has the same meaning as in the Telecommunications Act 1997.
chemical product has the same meaning as in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.
cinematograph film means the aggregate of the visual images embodied in an article or thing so as to be capable by the use of that article or thing:
which it can be so shown; and includes the aggregate of the sounds embodied in a sound-track associated with such visual images.
circumvention device for a technological protection measure means a device, component or product (including a computer program) that:
For the purposes of this definition, computer program has the same meaning as in section 47AB.
circumvention service for a technological protection measure means a service that:
communicate means make available online or electronically transmit (whether over a path, or a combination of paths, provided by a material substance or otherwise) a work or other subject-matter, including a performance or live performance within the meaning of this Act.
computer program means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.
construction includes erection, and reconstruction has a corresponding meaning.
controls access: a device, product, technology or component (including a computer program) controls access to a work or other subject-matter if it requires the application of information or a process, with the permission of the owner or exclusive licensee of the copyright in the work or other subject-matter, to gain access to the work or other subject-matter.
copy, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied.
device includes a plate.
dramatic work includes:
but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film.
drawing includes a diagram, map, chart or plan.
educational institution means: (aa) an institution at which education is provided at pre-school or kindergarten standard;
electronic literary or music item means:
electronic rights management information, in relation to a work or other subject-matter, means information that:
engraving includes an etching, lithograph, product of photogravure, woodcut, print or similar work, not being a photograph.
exclusive licence means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorizing the licensee, to the exclusion of all other persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and exclusive licensee has a corresponding meaning.
free-to-air broadcast means:
future copyright means copyright to come into existence at a future time or upon the happening of a future event.
infringing copy means:
of the edition; being an article (which may be an electronic reproduction or copy of the work, recording, film, broadcast or edition) the making of which constituted an infringement of the copyright in the work, recording, film, broadcast or edition or, in the case of an article imported without the licence of the owner of the copyright, would have constituted an infringement of that copyright if the article had been made in Australia by the importer, but does not include:
institution includes an educational institution.
institution assisting persons with an intellectual disability means:
persons with an intellectual disability and in relation to which a declaration under paragraph 10A(1)(d) is in force.
institution assisting persons with a print disability means:
international organization to which this Act applies means an organization that is declared by regulations made for the purposes of section 186 to be an international organization to which this Act applies, and includes:
judicial proceeding means a proceeding before a court, tribunal or person having by law power to hear, receive and examine evidence on oath.
law of the Commonwealth includes a law of a Territory.
literary work includes:
manuscript, in relation to a literary, dramatic or musical work, means the document embodying the work as initially prepared by the author, whether the document is in hardcopy form, electronic form or any other form.
material form, in relation to a work or an adaptation of a work, includes any form (whether visible or not) of storage of the work or adaptation, or a substantial part of the work or adaptation, (whether or not the work or adaptation, or a substantial part of the work or adaptation, can be reproduced).
non-infringing accessory means an accessory made in:
where:
any copy of a cinematograph film, that is the accessory; was authorised by the owner of the copyright in that country in the work, edition, recording or film, as the case may be.
non-infringing book means a book made (otherwise than under a compulsory licence) in a country specified in regulations made for the purposes of subsection 184(1), being a book whose making did not constitute an infringement of any copyright subsisting in a work, or in a published edition of a work, under a law of that country.
non-infringing copy:
officer in charge means:
person with a print disability means:
photograph means a product of photography or of a process similar to photography, other than an article or thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, and photographic has a corresponding meaning.
plate includes a stereotype, stone, block, mould, matrix, transfer, negative or other similar appliance.
private and domestic use means private and domestic use on or off domestic premises.
prospective owner means:
qualifying country means:
reception equipment means equipment whose operation, either alone or together with other equipment, enables people to hear or see a work or other subject-matter that is communicated.
record includes a disc, tape, paper, electronic file or other device in which sounds are embodied.
Registrar means the Registrar of the Tribunal provided for by section 170.
retransmission, in relation to a broadcast, means a retransmission of the broadcast, where:
satellite BSA licence means a commercial television broadcasting licence allocated under section 38C of the Broadcasting Services Act 1992.
satellite BSA licensee means the licensee of a satellite BSA licence.
sculpture includes a cast or model made for purposes of sculpture.
simulcasting means simultaneously broadcasting a broadcasting service in both analog and digital form in accordance with the requirements of the Broadcasting Services Act 1992 or of any prescribed legislative provisions relating to digital broadcasting.
sound broadcast means sounds broadcast otherwise than as part of a television broadcast.
sound recording means the aggregate of the sounds embodied in a record.
sound-track, in relation to visual images forming part of a cinematograph film, means:
sufficient acknowledgement, in relation to a work, means an acknowledgement identifying the work by its title or other description and, unless the work is anonymous or pseudonymous or the author has previously agreed or directed that an acknowledgement of his or her name is not to be made, also identifying the author.
technological protection measure means:
but does not include such a device, product, technology or component to the extent that it:
(iii) if the work or other subject-matter is a cinematograph film or computer program (including a computer game)—controls geographic market segmentation by preventing the playback in Australia of a non-infringing copy of the work or other subject-matter acquired outside Australia; or
(iv) if the work is a computer program that is embodied in a machine or device—restricts the use of goods (other
than the work) or services in relation to the machine or
device. For the purposes of this definition, computer program has the same meaning as in section 47AB.
television broadcast means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images.
the Australian Broadcasting Commission means the Australian Broadcasting Commission that was established under the Broadcasting and Television Act 1942.
the Australian Broadcasting Corporation means the Australian Broadcasting Corporation established under the Australian Broadcasting Corporation Act 1983.
the Commonwealth includes the Administration of a Territory.
the Copyright Act, 1911 means the Imperial Act known as the Copyright Act, 1911.
the Copyright Tribunal or the Tribunal means the Copyright Tribunal of Australia provided for by Part VI, and includes a member of that Tribunal exercising powers of that Tribunal.
the Crown includes the Crown in right of a State, the Crown in right of the Northern Territory and the Crown in right of Norfolk Island and also includes the Administration of a Territory other than the Northern Territory or Norfolk Island.
the National Librarian has the same meaning as in the National Library Act 1960-1967.
the National Library means the National Library established under the National Library Act 1960-1967.
the Special Broadcasting Service means the Special Broadcasting Service that was referred to in section 5 of the Special Broadcasting Service Act 1991.
the Special Broadcasting Service Corporation means the body corporate preserved and continued in existence as the Special Broadcasting Service Corporation under section 5 of the Special Broadcasting Service Act 1991.
to the public means to the public within or outside Australia.
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights set out in Annex 1C to the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.
Note: The English text of the Marrakesh Agreement establishing the World Trade Organization is set out in Australian Treaty Series 1995 No. 8.
will includes a codicil.
work means a literary, dramatic, musical or artistic work.
work of joint authorship means a work that has been produced by the collaboration of two or more authors and in which the contribution of each author is not separate from the contribution of the other author or the contributions of the other authors.
writing means a mode of representing or reproducing words, figures or symbols in a visible form, and written has a corresponding meaning.
(1A) Without limiting the meaning of the expression educational purposes in this Act, a copy of the whole or a part of a work or other subject-matter shall be taken, for the purposes of the provision in which the expression appears, to have been made, used or retained, as the case may be, for the educational purposes of an educational institution if:
(2) Without limiting the meaning of the expression reasonable portion in this Act, where a literary, dramatic or musical work (other than a computer program) is contained in a published edition of that work, being an edition of not less than 10 pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition:
(2A) Without limiting the meaning of the expression reasonable portion in this Act, if a person makes a reproduction of a part of:
being a work that is in electronic form, the reproduction is taken to contain only a reasonable portion of the work if:
(2B) If a published literary or dramatic work is contained in a published edition of the work and is separately available in electronic form, a reproduction of a part of the work is taken to contain only a reasonable portion of the work if it is taken to do so either under subsection (2) or (2A), whether or not it does so under both of them.
(2C) If:
of the work under subsection (2) or (2A); subsection (2) or (2A) does not apply in relation to any subsequent reproduction made by the person of any other part of the same work.
(3) In this Act, unless the contrary intention appears:
(i) a record embodying a sound recording of the work, or of the part of the work, being a record made by, or on behalf of, the body administering an institution assisting persons with a print disability and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability; or
(ii) a Braille version, large-print version or photographic version of the work, or of the part of the work, being a Braille version, large-print version or photographic version, as the case may be, made by, or on behalf of, the body administering an institution assisting persons with a print disability and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability; and
(ha) a reference to a copy for a person with an intellectual disability, in relation to the whole or a part of an eligible item within the meaning of Part VB, shall be read as a reference to a copy, within the meaning of that Part, of an eligible item, or of a part of an eligible item, as the case may be, made by, or on behalf of, the body administering an institution assisting persons with an intellectual disability, being a copy that is made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with an intellectual disability; and
(i) of a copy, or a copy for a person with a print disability, of the whole or a part of a work; or
(ia) of a copy for a person with an intellectual disability of the whole or a part of an eligible item; or
(ii) of a copy of a sound recording or a cinematograph film; shall be read as a reference to any record or declaration of a kind referred to in that section that is required by this Act to be made in relation to the making of that copy; and (ma) a reference to a relevant declaration, in relation to the
making, in reliance on section 49, of a copy of the whole or a part of a work, shall be read as a reference to:
(iii) in any case—a declaration of the kind referred to in subsection 49(5) that is made in relation to the making of the copy; and
(n) a reference to a State shall be read as including a reference to the Northern Territory and Norfolk Island and a reference to a Territory shall be read as not including a reference to the Northern Territory or Norfolk Island.
(3A) For the purposes of this Act, something held in, or forming part of, the collection of any archives covered by paragraph (aa) of the definition of archives in subsection (1) is taken not to be held in, and not to form part of, the collection of the National Archives of Australia.
Note: Paragraph (aa) of the definition of archives covers archival material in the custody of a person other than the National Archives of Australia under an arrangement referred to in section 64 of the Archives Act 1983.
(4) Where:
purpose of deriving a profit; paragraph (b) of the definition of archives in subsection (1) applies to that collection.
Example: Museums and galleries are examples of bodies that could have collections covered by paragraph (b) of the definition of archives.
10AA Non-infringing copy of a sound recording
Minimum requirements
(1) A copy of a sound recording is a non-infringing copy only if it is made by or with the consent of:
Extra requirements for copies of recordings of works subject to Australian copyright
(2) If the sound recording is of a work that is a literary, dramatic or musical work in which copyright subsists in Australia, the copy is a non-infringing copy only if:
To avoid doubt, the requirements of this subsection are additional to those of subsection (1).
Requirements for copy country
(3) The copy country mentioned in subsection (2) must:
Australian copyright may result from Act or regulations
(4) For the purposes of subsection (2) it does not matter whether the copyright in the work subsists in Australia as a result of this Act or as a result of the regulations made for the purposes of section 184.
10AB Non-infringing copy of a computer program
A copy of a computer program is a non-infringing copy only if:
10AC Non-infringing copy of an electronic literary or music item
A copy of an electronic literary or music item is a non-infringing copy only if:
10AD Accessories to imported articles
Accessories
(1) If a person imports into Australia:
film) that is on, embodied in, or included with, the article on its importation is taken to be an accessory to the article.
Note: See also sections 44C and 112C (about the non-infringement of copyright in works or other subject matter that are accessories to imported articles).
Definition
(2) In this section:
feature film means a cinematograph film that:
Interpretation
(3) This section does not limit the meaning of accessory in subsection 10(1).
10A Declarations and notices relating to certain bodies and institutions
(a) sets out full particulars of the name and address of the institution; and
(aa) sets out the principal function or principal functions of the institution or of an undertaking within the body administering the institution; and
(b) contains a statement to the effect that the notice is published for the purposes of this subsection.
(5) The body administering an institution may cause to be published in the Gazette a notice revoking a notice published under subsection (4) in relation to the institution.
(5A) A collecting society may apply to the Copyright Tribunal for review of a declaration included in a notice published under subsection (4) of this section for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).
Note: For applications to the Tribunal for review see section 153L.
(6) In this section, institution includes a school of nursing, an undertaking within a hospital, a teacher education centre and an undertaking within a body administering an educational institution.
11 Residence in a country not affected by temporary absence
For the purposes of this Act, a person who, at a material time, was ordinarily resident in a country (including Australia) but was temporarily absent from that country shall be treated as if he or she had been resident in that country at that time.
12 References to Parliament
A reference in this Act to a Parliament shall be read as a reference to the Parliament of the Commonwealth or of a State or a legislature of a Territory.
13 Acts comprised in copyright
14 Acts done in relation to substantial part of work or other subject-matter deemed to be done in relation to the whole
15 References to acts done with licence of owner of copyright
For the purposes of this Act, an act shall be deemed to have been done with the licence of the owner of a copyright if the doing of the act was authorized by a licence binding the owner of the copyright.
16 References to partial assignment of copyright
A reference in this Act to a partial assignment of copyright shall be read as a reference to an assignment of copyright that is limited in any way.
17 Statutory employment
For the purposes of this Act, the employment of a person, or the employment of a person as an apprentice, under a law of the Commonwealth or of a State but otherwise than under a contract of service or contract of apprenticeship shall be treated as if that employment were employment under a contract of service or employment under a contract of apprenticeship, as the case may be.
18 Libraries established or conducted for profit
For the purposes of this Act, a library shall not be taken to be established or conducted for profit by reason only that the library is owned by a person carrying on business for profit.
19 References to Copyright Act, 1911
A reference in a provision of this Act to the Copyright Act, 1911, in relation to any time before the commencement of this Act, shall, for the purposes of the application of that provision in relation to a State or a Territory, be read as a reference to the Copyright Act, 1911 as it applied in that State or Territory at that time.
20 Names under which work is published
21 Reproduction and copying of works and other subject-matter
(1) For the purposes of this Act, a literary, dramatic or musical work shall be deemed to have been reproduced in a material form if a sound recording or cinematograph film is made of the work, and any record embodying such a recording and any copy of such a film shall be deemed to be a reproduction of the work.
(1A) For the purposes of this Act, a work is taken to have been reproduced if it is converted into or from a digital or other electronic machine-readable form, and any article embodying the work in such a form is taken to be a reproduction of the work.
Note: The reference to the conversion of a work into a digital or other electronic machine-readable form includes the first digitisation of the work.
version of the work is produced in a two-dimensional form; and the version of the work so produced shall be deemed to be a reproduction of the work.
and any such version is taken to be a reproduction of the program.
(6) For the purposes of this Act, a sound recording or cinematograph film is taken to have been copied if it is converted into or from a digital or other electronic machine-readable form, and any article embodying the recording or film in such a form is taken to be a copy of the recording or film.
Note: The reference to the conversion of a sound recording or cinematograph film into a digital or other electronic machine-readable form includes the first digitisation of the recording or film.
22 Provisions relating to the making of a work or other subject-matter
Literary, dramatic, musical or artistic works
Sound recordings
(3) For the purposes of this Act:
(3A) For the purposes of this Act, the makers of a sound recording of a live performance are:
Note: A performer might be liable to pay compensation under section 116AAA to a person who owns the record on which the recording is made.
(3B) If:
then, for the purposes of paragraph (3A)(b), the employer is taken to be a maker instead of that performer.
(3C) Subsection (3B) may be excluded or modified by agreement between the performer and the employer.
Cinematograph films
(4) For the purposes of this Act:
Broadcasts and other communications
(6A) To avoid doubt, for the purposes of subsection (6), a person is not responsible for determining the content of a communication merely because the person takes one or more steps for the purpose of:
Example: A person is not responsible for determining the content of the communication to the person of a web page merely because the person clicks on a link to gain access to the page.
Definitions
(7) In this section:
live performance means:
being a live performance, whether in the presence of an audience or otherwise.
performer in a live performance:
sound recording of a live performance means a sound recording, made at the time of the live performance, consisting of, or including, the sounds of the performance.
23 Sound recordings and records
24 References to sounds and visual images embodied in an article
For the purposes of this Act, sounds or visual images shall be taken to have been embodied in an article or thing if the article or thing has been so treated in relation to those sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing.
25 Provisions relating to broadcasting
whether the reception of the broadcast is directly from the transmission concerned or from a re-transmission made by any person from any place.
(3) Where a record embodying a sound recording or a copy of a cinematograph film is used for the purpose of making a broadcast (in this subsection referred to as the primary broadcast), a person who makes a broadcast (in this subsection referred to as the secondary broadcast) by receiving and making a retransmission of:
shall, for the purposes of this Act, be deemed not to have used the record or copy for the purpose of making the secondary broadcast.
(4) In this Act:
27 Performance
(1) Subject to this section, a reference in this Act to performance shall:
as including a reference to delivery; and a reference in this Act to performing a work or an adaptation of a work has a corresponding meaning.
28 Performance and communication of works or other subject-matter in the course of educational instruction
(1) Where a literary, dramatic or musical work:
the performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.
29 Publication
otherwise dealt with in the life-time of a person; any unauthorized publication or the doing of any other unauthorized act shall be disregarded.
30 Ownership of copyright for particular purposes
In the case of a copyright of which (whether as a result of a partial assignment or otherwise) different persons are the owners in respect of its application to:
countries or at different times; the owner of the copyright, for any purpose of this Act, shall be deemed to be the person who is the owner of the copyright in respect of its application to the doing of the particular act or class of acts, or to the doing of the particular act or class of acts in the particular country or at the particular time, as the case may be, that is relevant to that purpose, and a reference in this Act to the prospective owner of a future copyright of which different persons are the prospective owners has a corresponding meaning.
30A Commercial rental arrangement
Section 31
31 Nature of copyright in original works
Section 31
program is embodied if the program is not able to be copied in the course of the ordinary use of the machine or device.
Section 32
32 Original works in which copyright subsists
publication—copyright continues to subsist in the work; if, but only if:
33 Duration of copyright in original works
to the public; the copyright in the work continues to subsist until the end of 70 years after the end of the calendar year in which the work is first published, performed in public, or broadcast, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen.
34 Duration of copyright in anonymous and pseudonymous works
35 Ownership of copyright in original works
Section 35
magazine or similar periodical; the following paragraphs apply:
(5) Subject to the last preceding subsection, where:
required, the author is entitled to restrain the doing, otherwise than for that purpose, of any act comprised in the copyright in the work.
Section 35
hard copy facsimile, in relation to a literary, dramatic or artistic work, means a facsimile which is in a material form and from which the work is visible to a human being without the use of any device.
private or domestic purpose includes a portrait of family members, a wedding party or children.
Section 36
36 Infringement by doing acts comprised in the copyright
(1) Subject to this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright.
(1A) In determining, for the purposes of subsection (1), whether or not a person has authorised the doing in Australia of any act comprised in the copyright in a work, without the licence of the owner of the copyright, the matters that must be taken into account include the following:
(2) The next three succeeding sections do not affect the generality of this section.
37 Infringement by importation for sale or hire
(1) Subject to Division 3, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, without the licence of the owner of the copyright, imports an article into Australia for the purpose of:
Section 38
(c) by way of trade exhibiting the article in public; if the importer knew, or ought reasonably to have known, that the making of the article would, if the article had been made in
Australia by the importer, have constituted an infringement of the copyright.
(2) In relation to an accessory to an article that is or includes a copy of a work, being a copy that was made without the licence of the owner of the copyright in the work in the country in which the copy was made, subsection (1) has effect as if the words “the importer knew, or ought reasonably to have known, that” were omitted.
38 Infringement by sale and other dealings
(1) Subject to Division 3, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, in Australia, and without the licence of the owner of the copyright:
made in Australia by the importer, have constituted such an infringement.
(2) For the purposes of the last preceding subsection, the distribution of any articles:
the owner of the copyright concerned; shall be taken to be the sale of those articles.
(3) In this section:
article includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form.
Section 39
39 Infringement by permitting place of public entertainment to be used for performance of work
39A Infringing copies made on machines installed in libraries and archives
Where:
neither the body administering the library or archives nor the officer in charge of the library or archives shall be taken to have authorized the making of the infringing copy by reason only that the copy was made on that machine.
Section 39B
39B Communication by use of certain facilities
A person (including a carrier or carriage service provider) who provides facilities for making, or facilitating the making of, a communication is not taken to have authorised any infringement of copyright in a work merely because another person uses the facilities so provided to do something the right to do which is included in the copyright.
Section 40
40 Fair dealing for purpose of research or study
(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work.
(1A) A fair dealing with a literary work (other than lecture notes) does not constitute an infringement of the copyright in the work if it is for the purpose of, or associated with, an approved course of study or research by an enrolled external student of an educational institution.
(1B) In subsection (1A) the expression lecture notes means any literary work produced for the purpose of the course of study or research by a person lecturing or teaching in or in connection with the course of study or research.
(2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of reproducing the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or study include:
Section 40
Works, adaptations and reasonable portions
Item | Work or adaptation | Amount that is reasonable portion |
---|---|---|
1 | A literary, dramatic or musical work (except a computer program), or an | (a) 10% of the number of pages in the edition; or |
adaptation of such a work, that is contained in a published edition of at least 10 pages | (b) if the work or adaptation is divided into chapters—a single chapter |
A published literary work in electronic form (except a computer program or an electronic compilation, such as a database), a published dramatic work in electronic form or an adaptation published in electronic form of such a literary or dramatic work
(6) Subsection (5) applies to a reproduction of a work or adaptation described in both items of the table in that subsection even if the amount of the work or adaptation reproduced is not more than a reasonable portion (as defined in that subsection) on the basis of only one of those items.
Section 41
(7) If:
defined in subsection (5)) of the work or adaptation; subsection (5) does not apply in relation to any subsequent reproduction made by the person of any other part of the same work or adaptation.
(8) Subsections 10(2), (2A), (2B) and (2C) do not affect subsection (5), (6) or (7) of this section.
41 Fair dealing for purpose of criticism or review
A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgement of the work is made.
41A Fair dealing for purpose of parody or satire
A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if it is for the purpose of parody or satire.
42 Fair dealing for purpose of reporting news
(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if:
Section 43
(2) The playing of a musical work in the course of reporting news by means of a communication or in a cinematograph film is not a fair dealing with the work for the purposes of this section if the playing of the work does not form part of the news being reported.
43 Reproduction for purpose of judicial proceedings or professional advice
43A Temporary reproductions made in the course of communication
43B Temporary reproductions of works as part of a technical process of use
(1) Subject to subsection (2), the copyright in a work is not infringed by the making of a temporary reproduction of the work if the reproduction is incidentally made as a necessary part of a technical process of using a copy of the work.
Section 43C
43C Reproducing works in books, newspapers and periodical publications in different form for private use
(1) This section applies if:
For this purpose, disregard a temporary reproduction of the work incidentally made as a necessary part of the technical process of making the main copy.
Section 43C
(2) The making of the main copy is not an infringement of copyright in the work or a published edition of the work.
Dealing with main copy may make it an infringing copy
(3) Subsection (2) is taken never to have applied if the main copy is:
Note: If the main copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the main copy but also by the dealing with the main copy.
(4) To avoid doubt, paragraph (3)(d) does not apply to a loan of the main copy by the lender to a member of the lender’s family or household for the member’s private and domestic use.
Reproducing work from main copy may infringe copyright
(5) Subsection (2) does not prevent the main copy from being an infringing copy for the purpose of working out whether this section applies again in relation to the making of another reproduction of the work from the main copy.
Disposal of book etc. may make the main copy an infringing copy
(6) Subsection (2) is taken never to have applied if the owner of the book, newspaper or periodical publication disposes of it (in the form from which the main copy was made) to another person.
Status of temporary reproduction
(7) If subsection (2) applies to the making of the main copy only as a result of disregarding the incidental making of a temporary reproduction of the work as a necessary part of the technical process of making the main copy, then:
(a) if the temporary reproduction is destroyed at the first practicable time during or after the making of the main copy—the making of the temporary reproduction does not infringe copyright in the work or a published edition of the work; or Section 44
(b) if the temporary reproduction is not destroyed at that time— the making of the temporary reproduction is taken always to have infringed copyright (if any) subsisting in the work and the published edition of the work from which the main copy was made.
44 Inclusion of works in collections for use by places of education
44A Importation etc. of books
(1) The copyright in an overseas work first published on or after the commencing day is not infringed by a person who, without the licence of the owner of the copyright, imports a non-infringing Section 44A
book into Australia for a purpose mentioned in paragraph 37(1)(a),
(b) or (c).
(2) Subject to this section, the copyright in:
after the commencing day; is not infringed by a person who, without the licence of the owner of the copyright, imports a copy (in this subsection called the imported copy) of a hardback or paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 37(1)(a), (b) or (c) if:
(3) The copyright in a published work (whether first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports a single copy of a non-infringing book into Australia if the importation is for the purpose of filling a written order, or a verifiable telephone order, by a customer of the person and:
(a) in the case of a written order, the order contains a statement, signed by the customer; or Section 44A
(b) in the case of a telephone order, the customer makes a
verifiable statement; to the effect that the customer does not intend to use the book for a purpose mentioned in paragraph 37(1)(a), (b) or (c).
infringement of copyright in a published work; the use of the book for any such purpose does not constitute an infringement of the copyright in the work and subsection 38(1) does not apply to the book.
Section 44B
book does not include:
commencing day means the day on which the Copyright Amendment Act 1991 commences.
overseas work means a work:
Note: A work may, for the purposes of this Act, be first published in Australia if it is published in Australia within 30 days of an earlier publication elsewhere. For the meaning of first publication, see section 29 and, in particular, subsection 29(5).
44B Reproduction of writing on approved label for containers for chemical product
The reproduction on a label on a container for a chemical product of any writing appearing on an approved label is not an infringement of any copyright subsisting under this Part in relation to that writing.
Section 44C
44C Copyright subsisting in accessories etc. to imported articles
(1) The copyright in a work a copy of which is, or is on, or embodied in, a non-infringing accessory to an article is not infringed by importing the accessory with the article.
Note: See the definition of accessory in subsection 10(1) and see also section 10AD for an expanded meaning of accessory in relation to certain imported articles.
(2) Section 38 does not apply to a copy of a work, being a copy that is, or is on, or embodied in, a non-infringing accessory to an article, if the importation of the accessory is not an infringement of copyright in the work.
44D Import of non-infringing copy of sound recording does not infringe copyright in works recorded
(1) The copyright in a literary, dramatic or musical work is not infringed by a person who:
Note: In a civil action for infringement of copyright, a copy of a sound recording is presumed not to be a non-infringing copy of the sound recording unless the defendant proves it is. See section 130A.
(2) This section applies to a copy of a sound recording only if, when the copy is imported into Australia, the sound recording has been published:
Section 44E
(iii) the maker of the sound recording, if neither the law of the publication country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when publication occurred.
Note: Subsection 29(6) deals with unauthorised publication.
44E Importation and sale etc. of copies of computer programs
(1) The copyright in a literary work:
Note: Section 130B deals with the burden of proof a defendant bears in a civil action for infringement of copyright.
(2) The definition of article in section 38 does not affect this section.
44F Importation and sale etc. of copies of electronic literary or music items
(1) The copyright in a work:
Section 44F
(d) does an act mentioned in section 38 involving an article that has embodied in it a non-infringing copy of the electronic literary or music item and that has been imported into Australia by anyone.
Note: Section 130C deals with the burden of proof a defendant bears in a civil action for infringement of copyright.
(2) The definition of article in section 38 does not affect this section.
Copyright in original literary, dramatic, musical and artistic works Part III Acts not constituting infringements of copyright in literary, dramatic and musical works
Division 4
Section 45
45 Reading or recitation in public or for a broadcast
The reading or recitation in public, or the inclusion in a sound broadcast or television broadcast of a reading or recitation, of an extract of reasonable length from a published literary or dramatic work, or from an adaptation of such a work, does not constitute an infringement of the copyright in the work if a sufficient acknowledgement of the work is made.
46 Performance at premises where persons reside or sleep
Where a literary, dramatic or musical work, or an adaptation of such a work, is performed in public, by the operation of reception equipment or by the use of a record, at premises where persons reside or sleep, as part of the amenities provided exclusively for residents or inmates of the premises or for those residents or inmates and their guests, the performance does not constitute an infringement of the copyright in the work.
47 Reproduction for purpose of broadcasting
(a) the broadcasting of the work or adaptation in circumstances that do not (whether by reason of an assignment or licence or Section 47
of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or
(b) the making of further records embodying the recording or further copies of the film for the purpose of the broadcasting of the work or adaptation in such circumstances.
Copyright in original literary, dramatic, musical and artistic works Part III Acts not constituting infringements of copyright in literary, dramatic and musical works
Division 4
Section 47AA
(7) In this section:
broadcasting does not include simulcasting.
47AA Reproduction for the purpose of simulcasting
47A Sound broadcasts by holders of print disability radio licences
(1) The making of a sound broadcast of, or of an adaptation of, a published literary or dramatic work does not constitute an infringement of copyright in the work if:
(a) the broadcast is made by a person being the holder of a print disability radio licence and is made under the licence; and Section 47A
(b) there is made by or on behalf of the person, as soon as practicable after the making of the broadcast, a record of the making of the broadcast that:
(iii) contains particulars of such other matters in relation to the work or in relation to the broadcast as are prescribed.
(3A) Subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(a) all the records of the person made by or on behalf of the person for the purposes of paragraph (1)(b); or
Copyright in original literary, dramatic, musical and artistic works Part III Acts not constituting infringements of copyright in literary, dramatic and musical works
Division 4
Section 47A
(b) such of those records as relate to the works of a specified
author; on a day specified in the notice, being a day (other than a Saturday, Sunday or public holiday) not less than 7 days after the day on which the notice is given.
(7) Where a person who receives a notice under subsection (6) does not allow the owner or agent to inspect the records to which the notice relates during business hours on the day specified in the notice, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.
(7A) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(7B) Subsection (7) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7B) (see subsection 13.3(3) of the Criminal Code).
(8) Where:
the licence holder shall pay to the owner of the copyright such an amount by way of equitable remuneration for the making of the sound broadcast as is agreed upon between the owner of the copyright and the licence holder or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner of the copyright or the licence holder.
(9) Where the Copyright Tribunal has under subsection (8) determined the amount of equitable remuneration payable by a person to the owner of the copyright in a work, the owner of the copyright may Section 47A
recover that amount from the person in a court of competent jurisdiction as a debt due to the owner of the copyright.
Section 47AB
47AB Meaning of computer program
In this Division:
computer program includes any literary work that is:
47B Reproduction for normal use or study of computer programs
Section 47C
reproduction, in relation to a computer program, does not include a version of the program of the kind referred to in paragraph 21(5)(b).
47C Back-up copy of computer programs
(1) Subject to subsection (4), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:
(iii) to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy, or of another reproduction made under this subsection, if the original copy, or the other reproduction, is lost, destroyed or rendered unusable.
Section 47D
reproduction, in relation to a computer program, does not include a version of the program of the kind referred to in paragraph 21(5)(b).
47D Reproducing computer programs to make interoperable products
(1) Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making of a reproduction or adaptation of the work if: Section 47E
(2) Subsection (1) does not apply to the making of a reproduction or adaptation of a computer program from an infringing copy of the computer program.
47E Reproducing computer programs to correct errors
(1) Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making, on or after 23 February 1999, of a reproduction or adaptation of the work if:
(i) as intended by its author; or Section 47F
(ii) in accordance with any specifications or other documentation supplied with the original copy; and
(2) Subsection (1) does not apply to the making of a reproduction or adaptation of a computer program from an infringing copy of the computer program.
47F Reproducing computer programs for security testing
(1) Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making of a reproduction or adaptation of the work if:
Section 47G
(2) Subsection (1) does not apply to the making of a reproduction or adaptation of a computer program from an infringing copy of the computer program.
47G Unauthorised use of copies or information
(1) If:
the prescribed provision does not apply, and is taken never to have applied, to the making of the reproduction or adaptation.
(2) For the purposes of this section, sections 47B, 47C, 47D, 47E and 47F are prescribed provisions.
47H Agreements excluding operation of certain provisions
An agreement, or a provision of an agreement, that excludes or limits, or has the effect of excluding or limiting, the operation of subsection 47B(3), or section 47C, 47D, 47E or 47F, has no effect.
Section 47J
47J Reproducing photograph in different format for private use
(1) This section applies if:
For this purpose, disregard a temporary reproduction of the original photograph incidentally made as a necessary part of the technical process of making the main copy.
(2) The making of the main copy is not an infringement of copyright:
Dealing with main copy may make it an infringing copy
(3) Subsection (2) is taken never to have applied if the main copy is:
Note: If the main copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the main copy but also by the dealing with the main copy.
Section 47J
(4) To avoid doubt, paragraph (3)(d) does not apply to a loan of the main copy by the lender to a member of the lender’s family or household for the member’s private and domestic use.
Reproducing main copy may infringe copyright
(5) Subsection (2) does not prevent the main copy from being an infringing copy for the purpose of working out whether this section applies again in relation to the making of a reproduction of the main copy.
Disposal of original may make the main copy an infringing copy
(6) Subsection (2) is taken never to have applied if the owner of the original photograph disposes of it to another person.
Status of temporary reproduction
(7) If subsection (2) applies to the making of the main copy only as a result of disregarding the incidental making of a temporary reproduction of the original photograph as a necessary part of the technical process of making the main copy, then:
Section 48
48 Interpretation
In this Division, a reference to an article contained in a periodical publication shall be read as a reference to anything (other than an artistic work) appearing in such a publication.
48A Copying by Parliamentary libraries for members of Parliament
The copyright in a work is not infringed by anything done, for the sole purpose of assisting a person who is a member of a Parliament in the performance of the person’s duties as such a member, by an authorized officer of a library, being a library the principal purpose of which is to provide library services for members of that Parliament.
49 Reproducing and communicating works by libraries and archives for users
(1) A person may furnish to the officer in charge of a library or archives:
Section 49
(2) Subject to this section, where a request and declaration referred to in subsection (1) are furnished to the officer in charge of a library or archives, an authorized officer of the library or archives may, unless the declaration contains a statement that to his or her knowledge is untrue in a material particular, make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the person who made the request.
Note: The reproduction could be made from another reproduction of the article or published work in the collection of the library or archives that was made without infringing copyright because of subsection 51A(1), to replace the article or published work because it was damaged, had deteriorated or had been lost or stolen.
(2A) A person may make to an authorized officer of a library or archives:
(iii) by reason of the remoteness of the person’s location, the person cannot conveniently furnish to the officer in charge of the library or archives a request and declaration referred to in subsection (1) in relation to the reproduction soon enough to enable the reproduction to be supplied to the person before the time by which the person requires it.
(2B) A request or declaration referred to in subsection (2A) is not required to be made in writing.
Section 49
(2C) Subject to this section, where:
an authorized officer of the library or archives may make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the person.
Note: The reproduction could be made from another reproduction of the article or published work in the collection of the library or archives that was made without infringing copyright because of subsection 51A(1), to replace the article or published work because it was damaged, had deteriorated or had been lost or stolen.
(a) the work forms part of the library or archives collection; and Section 49
(b) before the reproduction is made, an authorized officer has, after reasonable investigation, made a declaration stating that he or she is satisfied that a reproduction (not being a second-hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
(5AA) For the purposes of subsection (5), if the characteristics of the work are such that subsection 10(2) or (2A) is relevant to the question whether the reproduction contains only a reasonable portion of the work, then that question is to be determined solely by reference to subsection 10(2) or (2A) and not by reference to the ordinary meaning of reasonable portion.
(5AB) For the purposes of paragraph (5)(b), in determining whether a reproduction (not being a second-hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account:
(5A) If an article contained in a periodical publication, or a published work (other than an article contained in a periodical publication) is acquired, in electronic form, as part of a library or archives collection, the officer in charge of the library or archives may make it available online within the premises of the library or archives in such a manner that users cannot, by using any equipment supplied by the library or archives:
(7A) Subsections (6) and (7) do not apply to the making under subsection (2) or (2C) of an electronic reproduction of:
article; in relation to a request under this section for communication to the person who made the request unless:
(7B) It is not an infringement of copyright in an article contained in a periodical publication, or of copyright in a published work, to communicate it in accordance with subsection (2), (2C) or (5A).
archives means an archives all or part of whose collection is
accessible to members of the public.
library means a library all or part of whose collection is accessible to members of the public directly or through interlibrary loans.
supply includes supply by way of a communication.
Section 50
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.
50 Reproducing and communicating works by libraries or archives for other libraries or archives
(1) The officer in charge of a library may request, or cause another person to request, the officer in charge of another library to supply the officer in charge of the first-mentioned library with a reproduction of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library:
(a) for the purpose of including the reproduction in the collection of the first-mentioned library;
(aa) in a case where the principal purpose of the first-mentioned library is to provide library services for members of a Parliament—for the purpose of assisting a person who is a member of that Parliament in the performance of the person’s duties as such a member; or
(b) for the purpose of supplying the reproduction to a person who has made a request for the reproduction under section 49.
(2) Subject to this section, where a request is made by or on behalf of the officer in charge of a library to the officer in charge of another library under subsection (1), an authorized officer of the last-mentioned library may make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the officer in charge of the first-mentioned library.
Note: The reproduction could be made from another reproduction of the article or published work in the collection of the other library that was made without infringing copyright because of subsection 51A(1), to replace the article or published work because it was damaged, had deteriorated or had been lost or stolen.
(3) Where, under subsection (2), an authorized officer of a library makes, or causes to be made, a reproduction of the whole or part of a work (including an article contained in a periodical publication) and supplies it to the officer in charge of another library in accordance with a request made under subsection (1): Section 50
subsection (4) does not apply to or in relation to the relevant reproduction unless, as soon as practicable after the request under subsection (1) relating to the relevant reproduction is made, an authorized officer of the library makes a declaration:
(c) setting out particulars of the request (including the purpose for which the relevant reproduction was requested); and
Section 50
(d) stating that the reproduction referred to in paragraph (b) has been lost, destroyed or damaged, as the case requires.
(7A) If:
officer in charge of a library; subsection (4) does not apply in relation to the reproduction unless:
(7B) If:
officer in charge of a library; subsection (4) does not apply in relation to the reproduction unless: Section 50
(iii) if the reproduction is of a reasonable portion, or less than a reasonable portion, of a work other than an article—stating that, after reasonable investigation, the authorised officer is satisfied that the portion cannot be obtained in electronic form, either separately or together with a reasonable amount of other material, within a reasonable time at an ordinary commercial price; and
(iv) if the reproduction is of the whole or of a part of an article—stating that, after reasonable investigation, the authorised officer is satisfied that the article cannot be obtained on its own in electronic form within a reasonable time at an ordinary commercial price.
(7BA) For the purposes of subsections (7A) and (7B), if the characteristics of the work are such that subsection 10(2) or (2A) is relevant to the question whether the reproduction contains only a reasonable portion of the work, then that question is to be determined solely by reference to subsection 10(2) or (2A) and not by reference to the ordinary meaning of reasonable portion.
(7BB) For the purposes of subparagraphs (7A)(e)(ii) and (7B)(e)(ii), (iii) and (iv), in determining whether a copy of the work, the work, the portion of the work or the article (as appropriate) cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account: Section 50
(7C) If:
officer in charge of another library; subsection (3) does not apply in relation to the reproduction unless, as soon as practicable after the reproduction is supplied to the other library the reproduction made for the purpose of the supply and held by the first-mentioned library is destroyed.
library means:
supply includes supply by way of a communication.
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.
51 Reproducing and communicating unpublished works in libraries or archives
(1) Where, at a time more than 50 years after the end of the calendar year in which the author of a literary, dramatic, musical or artistic work died, copyright subsists in the work but:
the copyright in the work is not infringed:
(2) If the manuscript, or a reproduction, of an unpublished thesis or other similar literary work is kept in a library of a university or other similar institution, or in an archives, the copyright in the thesis or other work is not infringed by the making or communication of a reproduction of the thesis or other work by or on behalf of the officer in charge of the library or archives if the reproduction is supplied (whether by communication or otherwise) to a person who satisfies an authorized officer of the library or Section 51AA
archives that he or she requires the reproduction for the purposes of research or study.
51AA Reproducing and communicating works in care of National Archives of Australia
reference copy, in relation to a work, means a reproduction of the work made from a working copy for supply to the central office, or to a regional office, of the National Archives of Australia for use by that office in providing access to the work to members of the public.
Section 51A
replacement copy, in relation to a work, means a reproduction of the work made from a working copy for the purpose of replacing a reference copy of the work that is lost, damaged or destroyed.
working copy, in relation to a work, means a reproduction of the work made for the purpose of enabling the National Archives of Australia to retain the copy and use it for making reference copies and replacement copies of the work.
51A Reproducing and communicating works for preservation and other purposes
Section 51A
library or archives with the approval of the body administering the
library or archives.
(3A) The copyright in an original artistic work that is held in the collection of a library or archives is not infringed in the circumstances described in subsection (3B) by the communication, by or on behalf of the officer in charge of the library or archives, of a preservation reproduction of the work by making it available online to be accessed through the use of a computer terminal:
(3B) The circumstances in which the copyright in the original artistic work is not infringed because of subsection (3A) are that either:
(4) Subsection (1) does not apply in relation to a work held in published form in the collection of a library or archives unless an authorized officer of the library or archives has, after reasonable investigation, made a declaration:
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.
(5) Where a reproduction of an unpublished work is made under subsection (1) by or on behalf of the officer in charge of a library or archives for the purpose of research that is being, or is to be, Section 51B
carried out at another library or archives, the supply or
communication of the reproduction by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute the publication of the work.
(6) In this section:
administrative purposes means purposes directly related to the care or control of the collection.
officers of the library or archives includes volunteers assisting with the care or control of the collection.
preservation reproduction, in relation to an artistic work, means a reproduction of the work made under subsection (1) for the purpose of preserving the work against loss or deterioration.
51B Making preservation copies of significant works in key cultural institutions’ collections
(1) This section applies in relation to a work held in the collection of a library or archives if:
Manuscript
(2) If the work is held in the form of a manuscript, the copyright in the work is not infringed by an authorized officer of the library or archives making up to 3 reproductions of the work from the manuscript for the purpose of preserving it against loss or deterioration.
Original artistic work
(3) If the work is held in the form of an original artistic work, the copyright in the work is not infringed by an authorized officer of Section 51B
the library or archives making up to 3 comprehensive photographic reproductions of the work from the original artistic work for the purpose of preserving it against loss or deterioration if the officer is satisfied that a photographic reproduction (not being a second-hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
Published work
(4) If the work is held in published form, the copyright in the work is not infringed by an authorized officer of the library or archives making up to 3 reproductions of the work from the copy held in the collection, for the purpose of preserving the work against loss or deterioration, if the officer is satisfied that:
Electronic copies and commercial availability
(5) In determining for the purposes of subsection (3) or (4) whether a reproduction or copy (not being a second-hand reproduction or copy) of the work, or of a particular edition of the work, cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account whether an electronic copy of the work or edition can be obtained within a reasonable time at an ordinary commercial price.
Relationship with the rest of this Division
(6) This section does not limit the rest of this Division. The rest of this Division does not limit this section.
Section 52
52 Publication of unpublished works kept in libraries or archives
(1) Where:
then, for the purposes of this Act, the first publication of the new work, and any subsequent publication of the new work whether in the same or in an altered form, shall, in so far as it constitutes a publication of the old work, be deemed not to be an infringement of the copyright in the old work or an unauthorized publication of the old work.
Section 53
53 Application of Division to illustrations accompanying articles and other works
Where an article, thesis or literary, dramatic or musical work is accompanied by artistic works provided for the purpose of explaining or illustrating the article, thesis or other work (in this section referred to as the illustrations), the preceding sections of this Division apply as if:
Section 54
54 Interpretation
(1A) In this Division:
record means a disc, tape, paper or other device in which sounds are embodied.
(a) does not apply to a record of a whole work unless the previous record referred to in paragraph 55(1)(a) was a record of the whole work; and Section 55
(b) does not apply to a record of a part of a work unless that previous record was a record of that part of the work.
55 Conditions upon which manufacturer may make records of musical work
(1) Subject to this Division, the copyright in a musical work is not infringed by a person (in this section referred to as the manufacturer) who makes, in Australia, a record of the work if:
Section 55
(d) where the record is so sold or supplied by the manufacturer:
prescribed royalty, in relation to a record of a musical work, means:
Section 57
57 Provisions relating to royalty where 2 or more works are on the one record
Where a record comprises 2 or more musical works, whether or not there is any other matter comprised in the record:
59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
(1) Where:
the making of the record does not constitute an infringement of the copyright in the literary or dramatic work.
(2) Where copyright does not subsist in the musical work, the amount to be paid in respect of the literary or dramatic work is an amount equal to the royalty that, but for this section, would have been Section 60
payable in respect of the musical work if copyright had subsisted in the musical work.
60 Records made partly for retail sale and partly for gratuitous disposal
Where a person makes, in Australia, a number of records embodying the same sound recording, being a recording of a musical work or of a musical work and of words consisting or forming part of a literary or dramatic work, with the intention of:
(a) selling by retail, or supplying for sale by retail by another person, a substantial proportion of the records (in this section referred to as the records made for retail sale); and Section 61
(b) disposing gratuitously of the remainder of the records or supplying the remainder of the records for gratuitous disposal by another person;
this Division applies in relation to the records other than the records made for retail sale as if:
61 Making inquiries in relation to previous records
Where:
prescribed period; a record of that musical work, or a record of that work in which those words were sung or spoken, as the case may be, shall, for the purposes of the application of this Division:
Section 64
be taken to have been previously made in, or imported into, Australia with the licence of the owner of that copyright for the purpose of retail sale or for use in making other records for the purpose of retail sale, as the case may be.
64 Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records
For the purpose of any provision of this Act relating to imported articles, in determining whether the making of a record made outside Australia would have constituted an infringement of copyright if the record had been made in Australia by the importer, sections 55 and 59 shall be disregarded.
Section 65
65 Sculptures and certain other works in public places
66 Buildings and models of buildings
The copyright in a building or a model of a building is not infringed by the making of a painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film or in a television broadcast.
67 Incidental filming or televising of artistic works
Without prejudice to the last two preceding sections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast if its inclusion in the film or broadcast is only incidental to the principal matters represented in the film or broadcast.
68 Publication of artistic works
The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film if, by virtue of section 65, section 66 or section 67, the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.
Section 70
70 Reproduction for purpose of including work in television broadcast
72 Reproduction of part of work in later work
73 Reconstruction of buildings
Section 74
74 Corresponding design
embodied in, in relation to a product, includes woven into, impressed on or worked into the product.
75 Copyright protection where corresponding design registered
Subject to section 76, where copyright subsists in an artistic work (whether made before the commencement of this section or otherwise) and a corresponding design is or has been registered under the Designs Act 1906 or the Designs Act 2003 on or after that commencement, it is not an infringement of that copyright to reproduce the work by embodying that, or any other, corresponding design in a product.
76 False registration of industrial designs under the Designs Act 2003
(1) This section applies if:
Section 77
(d) it is established in the copyright proceedings that:
77 Application of artistic works as industrial designs without registration of the designs
(1) This section applies where:
Section 77
(1A) This section also applies if:
design and included in a design application; is published in Australia, whether or not paragraphs (1)(b) and (c) are satisfied in relation to the corresponding design.
(2) It is not an infringement of the copyright in the artistic work to reproduce the work, on or after the day on which:
by embodying that, or any other, corresponding design in a product.
(3) This section does not apply in relation to any articles or products in respect of which, at the time when they were sold, let for hire or offered or exposed for sale or hire, the corresponding design concerned was excluded from registration by regulations made under the Designs Act 1906 or the Designs Act 2003, and, for the purposes of any proceedings under this Act, a design shall be conclusively presumed to have been so excluded if:
(a) before the commencement of the proceedings, an application for the registration of the design under the Designs Act 1906 in respect of those articles, or under the Designs Act 2003 in respect of those products, had been refused; Section 77A
building or model of a building does not include a portable building such as a shed, a pre-constructed swimming pool, a demountable building or similar portable building.
complete specification has the same meaning as in the Patents Act 1990.
design application has the same meaning as in the Designs Act 2003.
representation, in relation to a design, has the same meaning as in the Designs Act 2003.
77A Certain reproductions of an artistic work do not infringe copyright
(1) It is not an infringement of copyright in an artistic work to reproduce the artistic work, or communicate that reproduction, if:
Section 77A
(2) It is not an infringement of copyright in an artistic work to make a cast or mould embodying a corresponding design in relation to the artistic work, if:
Section 78
78 References to all of joint authors
Subject to this Division, a reference in this Act to the author of a work shall, unless otherwise expressly provided by this Act, be read, in relation to a work of joint authorship, as a reference to all the authors of the work.
79 References to any one or more of joint authors
The references in section 32, and in subsection 34(2) to the author of a work shall, in relation to a work of joint authorship, be read as references to any one or more of the authors of the work.
80 References to whichever of joint authors died last
The references in sections 33 and 51 to the author of a work shall, in relation to a work of joint authorship other than a work to which the next succeeding section applies, be read as references to the author who died last.
81 Works of joint authorship published under pseudonyms
Section 82
(4) For the purposes of this section, the identity of an author shall be deemed to have been disclosed if:
82 Copyright to subsist in joint works without regard to any author who is an unqualified person
83 Inclusion of joint works in collections for use in places of education
The reference in subsection 44(2) to other extracts from, or from adaptations of, works by the author of the extract concerned:
Section 84
84 Definitions
In this Part:
live performance means:
being a live performance, whether in the presence of an audience or otherwise.
performer in a live performance:
qualified person means:
Section 84
sound recording of a live performance means a sound recording, made at the time of the live performance, consisting of, or including, the sounds of the performance.
Section 85
85 Nature of copyright in sound recordings
86 Nature of copyright in cinematograph films
For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cinematograph film, is the exclusive right to do all or any of the following acts:
Section 87
87 Nature of copyright in television broadcasts and sound broadcasts
For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a television broadcast or sound broadcast, is the exclusive right:
88 Nature of copyright in published editions of works
For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a published edition of a literary, dramatic, musical or artistic work or of two or more literary, dramatic, musical or artistic works, is the exclusive right to make a facsimile copy of the edition.
Section 89
89 Sound recordings in which copyright subsists
90 Cinematograph films in which copyright subsists
91 Television broadcasts and sound broadcasts in which copyright subsists
Subject to this Act, copyright subsists in a television broadcast or sound broadcast made from a place in Australia:
Section 92
92 Published editions of works in which copyright subsists
Section 93
93 Duration of copyright in sound recordings
Copyright subsisting in a sound recording by virtue of this Part continues to subsist until the end of 70 years after the end of the calendar year in which the recording is first published.
94 Duration of copyright in cinematograph films
95 Duration of copyright in television broadcasts and sound broadcasts
Section 96
96 Duration of copyright in published editions of works
Copyright subsisting in a published edition of a work or works by virtue of this Part continues to subsist until the expiration of 25 years after the expiration of the calendar year in which the edition was first published.
Section 97
97 Ownership of copyright in sound recordings
(2A) If there is more than one owner of the copyright in a sound recording of a live performance, the owners own the copyright as tenants in common in equal shares.
(3) Where:
the contrary, the owner of any copyright subsisting in the recording by virtue of this Part.
98 Ownership of copyright in cinematograph films
(a) a person makes, for valuable consideration, an agreement with another person for the making of a cinematograph film by the other person; and Section 99
(b) the film is made in pursuance of the agreement; the first-mentioned person is, in the absence of any agreement to
the contrary, the owner of any copyright subsisting in the film by virtue of this Part.
the copyright consists of the right to include the film in a retransmission of a free-to-air broadcast.
(7) In this section:
commissioned film means a film made as mentioned in paragraphs (3)(a) and (b).
director has the same meaning as in Part IX.
retransmission means a retransmission (as defined in section 10) to which Part VC applies.
99 Ownership of copyright in television broadcasts and sound broadcasts
Subject to Parts VII and X, the maker of a television broadcast or sound broadcast is the owner of any copyright subsisting in the broadcast.
Section 100
100 Ownership of copyright in published editions of works
Subject to Parts VII and X, the publisher of an edition of a work or works is the owner of any copyright subsisting in the edition by virtue of this Part.
100AA Application
This Subdivision applies to a sound recording of a live performance if:
100AB Definitions
In this Subdivision:
former owner of the copyright in a sound recording of a live performance means a person mentioned in paragraph 100AD(1)(a).
new owner of the copyright in a sound recording of a live performance means the following people:
Note: Other expressions used in this Subdivision are defined in section 84.
100AC Application of sections 100AD and 100AE
Sections 100AD and 100AE have effect subject to Parts VII and X.
Section 100AD
100AD Makers of pre-commencement sound recordings of live performances
(1) For the purpose of section 100AE, the makers of a sound recording of a live performance are:
Employer may be a maker of the sound recording
(2) If:
then, for the purposes of paragraph (1)(b), the employer is taken to be a maker instead of that performer.
(3) Subsection (2) may be excluded or modified by an agreement (whether made before or after the live performance) between the performer and the employer.
100AE Ownership of pre-commencement copyright in sound recordings of live performances
Ownership of the copyright
(1) On and after the day on which this section commences, all makers of a sound recording of a live performance are owners of any copyright subsisting in the recording by virtue of this Part.
Division of the ownership of the copyright
Copyright to devolve if a new owner is not alive
(7) If a new owner is not alive on the day on which this section commences, then, for the purposes of subsections (2) and (4), that owner is replaced by the person to whom the copyright would have devolved if the new owner had owned the copyright immediately before his or her death. If the copyright would have devolved to more than one person, those persons are to be treated as a single new owner for the purposes of subsections (2) and (4).
100AF Former owners may continue to do any act in relation to the copyright
(1) On and after the day on which this section commences, a former owner of the copyright in a sound recording of a live performance may:
as if each new owner of the copyright had granted a licence or permission (however described) to the former owner to do the act.
Note: However, the former owner may still need to obtain the consent of other former owners of the copyright before doing the act.
(2) Subsection (1) applies to:
licensees or successors in title; in the same way as it applies to the former owner.
Section 100AG
(3) Subsections (1) and (2) may be excluded or modified by an agreement (whether made before or after this section commences) between the former owner and a new owner.
100AG Actions by new owners of copyright
If a new owner of the copyright in a sound recording of a live performance brings an action under this Act in respect of the copyright, the new owner is not entitled to the remedies listed in the table.
Actions under this Act
Item In this case... the new owner is not entitled to:
the action is for an infringement of (a) damages (other than additional the copyright under section 115 damages); or
(b) an account of profits
2 | the action is for conversion or detention under section 116 | (a) damages (other than additional damages); or |
(b) an account of profits; or | ||
(c) any other pecuniary remedy (other than costs); or | ||
(d) delivery up of an infringing copy |
2A the action is brought under (a) damages (other than additional section 116AN, 116AO or 116AP damages); or
3 | the action is brought under section 116B or 116C | (a) damages (other than additional damages); or |
(b) an account of profits |
100AH References to the owner of the copyright in a sound recording
A new owner of the copyright in a sound recording of a live performance is taken not to be the owner of the copyright for the purposes of the following provisions:
Section 100AH
Note: A new owner of the copyright in a sound recording of a live performance is not a relevant right holder under section 135A, nor a relevant copyright owner under section 135ZB, 135ZZI or 135ZZZF.
Section 100A
100A Interpretation
In this Division, audio-visual item means a sound recording, a
cinematograph film, a sound broadcast or a television broadcast.
101 Infringement by doing acts comprised in copyright
(1) Subject to this Act, a copyright subsisting by virtue of this Part is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright.
(1A) In determining, for the purposes of subsection (1), whether or not a person has authorised the doing in Australia of any act comprised in a copyright subsisting by virtue of this Part without the licence of the owner of the copyright, the matters that must be taken into account include the following:
102 Infringement by importation for sale or hire
(1) Subject to sections 112A, 112C, 112D and 112DA, a copyright subsisting by virtue of this Part is infringed by a person who, without the licence of the owner of the copyright, imports an article into Australia for the purpose of:
Australia by the importer, have constituted an infringement of the copyright.
(2) In relation to an accessory to an article that is or includes a copy of subject-matter in which copyright subsists by virtue of this Part, being a copy that was made without the licence of the owner of the copyright in the country in which the copy was made, subsection (1) has effect as if the words “the importer knew, or ought reasonably to have known, that” were omitted.
103 Infringement by sale and other dealings
(1) Subject to sections 112A, 112C, 112D and 112DA, a copyright subsisting by virtue of this Part is infringed by a person who, in Australia, and without the licence of the owner of the copyright:
if the person knew, or ought reasonably to have known, that the making of the article constituted an infringement of the copyright Section 103A
or, in the case of an imported article, would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright.
(2) For the purposes of the last preceding subsection, the distribution of any articles:
the owner of the copyright concerned; shall be taken to be the sale of those articles.
(3) In this section:
article includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form.
103A Fair dealing for purpose of criticism or review
A fair dealing with an audio-visual item does not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if it is for the purpose of criticism or review, whether of the first-mentioned audio-visual item, another audio-visual item or a work, and a sufficient acknowledgement of the first-mentioned audio-visual item is made.
103AA Fair dealing for purpose of parody or satire
A fair dealing with an audio-visual item does not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if it is for the purpose of parody or satire.
103B Fair dealing for purpose of reporting news
(1) A fair dealing with an audio-visual item does not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if:
(a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the first-mentioned audio-visual item is made; or Section 103C
(b) it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.
103C Fair dealing for purpose of research or study
104 Acts done for purposes of judicial proceeding
A copyright subsisting by virtue of this Part is not infringed by anything done:
(i) a legal practitioner; or Section 104A
(ii) a person registered as a patent attorney under the Patents Act 1990; or
(iii) a person registered as a trade marks attorney under the Trade Marks Act 1995.
104A Acts done by Parliamentary libraries for members of Parliament
A copyright subsisting by virtue of this Part is not infringed by anything done, for the sole purpose of assisting a person who is a member of a Parliament in the performance of the person’s duties as such a member, by an authorized officer of a library, being a library the principal purpose of which is to provide library services for members of that Parliament.
104B Infringing copies made on machines installed in libraries and archives
If:
neither the body administering the library or archives, nor the officer in charge of the library or archives, is taken to have authorised the making of the infringing copy merely because the copy was made on that machine.
105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast
Copyright subsisting in a sound recording by virtue only of subsection 89(3) is not infringed by the causing of the recording to be heard in public or by the broadcasting of the recording.
Section 106
106 Causing sound recording to be heard at guest house or club
(1) Where a sound recording is caused to be heard in public:
the act of causing the recording to be so heard does not constitute an infringement of the copyright in the recording.
107 Making of a copy of the sound recording for purpose of broadcasting
(1) Where the broadcasting by a person of a sound recording would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the recording but the making by the person of a copy of the sound recording would, apart from this subsection, constitute such an infringement, the copyright in the recording is not infringed by the making by the person of a copy of the sound recording in association with other matter solely for the purpose of Section 107
the broadcasting of the recording in association with the other matter.
broadcasting does not include simulcasting.
108 Copyright in published recording not infringed by public performance if equitable remuneration paid
Section 109
109 Copyright in published sound recording not infringed by broadcast in certain circumstances
109A Copying sound recordings for private and domestic use
Section 110
(3) Subsection (2) is taken never to have applied if the earlier copy or the later copy is:
Note: If the earlier or later copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the later copy but also by a dealing with the later copy.
(4) To avoid doubt, paragraph (3)(d) does not apply to a loan of the earlier copy or the later copy by the lender to a member of the lender’s family or household for the member’s private and domestic use.
110 Provisions relating to cinematograph films
Section 110AA
110AA Copying cinematograph film in different format for private use
(1) This section applies if:
For this purpose, disregard a temporary copy of the film incidentally made as a necessary part of the technical process of making the main copy.
(2) The making of the main copy is not an infringement of copyright in the cinematograph film or in a work or other subject-matter included in the film.
Dealing with main copy may make it an infringing copy
(3) Subsection (2) is taken never to have applied if the main copy is:
Note: If the main copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the main copy but also by the dealing with the main copy.
(4) To avoid doubt, paragraph (3)(d) does not apply to a loan of the main copy by the lender to a member of the lender’s family or household for the member’s private and domestic use.
Disposal of videotape may make the main copy an infringing copy
(5) Subsection (2) is taken never to have applied if the owner of the videotape disposes of it to another person.
Section 110A
Status of temporary copy
(6) If subsection (2) applies to the making of the main copy only as a result of disregarding the incidental making of a temporary copy of the film as a necessary part of the technical process of making the main copy, then:
110A Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives
Where, at a time more than 50 years after the time at which, or the expiration of the period during which, a sound recording or cinematograph film was made, copyright subsists in the sound recording or cinematograph film but:
the copyright in the sound recording or cinematograph film and in any work or other subject-matter included in the sound recording or cinematograph film is not infringed:
Section 110B
110B Copying and communicating sound recordings and cinematograph films for preservation and other purposes
(1) Subject to subsection (3), where a copy of a sound recording, being a sound recording that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer in charge of the library or archives:
the making of the copy does not infringe copyright in the sound recording or in any work or other subject-matter included in the sound recording.
(2) Subject to subsection (3), where a copy of a cinematograph film, being a cinematograph film that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer in charge of the library or archives:
the making of the copy does not infringe copyright in the cinematograph film or in any work or other subject-matter included in the cinematograph film.
Section 110B
(2A) The copyright in a sound recording or cinematograph film that forms, or formed, part of the collection of a library or archives, or in any work or other subject-matter included in such a sound recording or film, is not infringed by the communication, by or on behalf of the officer in charge of the library or archives, of a copy of the sound recording or film made under subsection (1) or (2) to officers of the library or archives by making it available online to be accessed through the use of a computer terminal installed within the premises of the library or archives with the approval of the body administering the library or archives.
(2B) If:
is to be, carried out at another library or archives; the copyright in the sound recording or film, or in any work or other subject-matter included in it, is not infringed by the communication, by or on behalf of the officer in charge, of the copy to the other library or archives by making it available online to be accessed through the use of a computer terminal installed within the premises of the other library or archives with the approval of the body administering the other library or archives.
(3) Subsection (1) does not apply in relation to a sound recording, and subsection (2) does not apply in relation to a cinematograph film, held in a published form in the collection of a library or archives unless an authorised officer of the library or archives has, after reasonable investigation, made a declaration stating that he or she is satisfied that a copy (not being a second-hand copy) of the sound recording or cinematograph film, as the case may be, cannot be obtained within a reasonable time at an ordinary commercial price.
Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.
(4) Where a copy of an unpublished sound recording or an unpublished cinematograph film is made under subsection (1) or
(2) by or on behalf of the officer in charge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply or communication of the Section 110BA
copy by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute the publication of the sound recording or cinematograph film or of any work or other subject-matter included in the sound recording or cinematograph film.
110BA Making preservation copies of significant recordings and films in key cultural institutions’ collections
(1) This section applies in relation to a sound recording or cinematograph film held in the collection of a library or archives if:
First record, or unpublished record, embodying sound recording
(2) If the sound recording is held in the form of the first record, or an unpublished record, embodying the recording, copyright in the recording is not infringed by an authorized officer of the library or archives making up to 3 copies of the recording from the record for the purpose of preserving the recording against loss or deterioration.
Published sound recording
(3) If the sound recording is held in published form, the copyright in the recording is not infringed by an authorized officer of the library or archives making up to 3 copies of the recording from the published record for the purpose of preserving the recording against loss or deterioration if the officer is satisfied that a copy of the recording (not being a second-hand copy) cannot be obtained within a reasonable time at an ordinary commercial price.
Section 110BA
First copy, or unpublished copy, of film
(4) If the cinematograph film is held in the form of the first copy, or an unpublished copy, of the film, copyright in the film is not infringed by an authorized officer of the library or archives making up to 3 copies of the film from the first copy or unpublished copy for the purpose of preserving the film against loss or deterioration.
Published film
(5) If the cinematograph film is held in a published form, copyright in the film is not infringed by an authorized officer of the library or archives making up to 3 copies of the film from the published copy held in the collection, for the purpose of preserving the film against loss or deterioration, if the officer is satisfied that a copy of the film (not being a second-hand copy) cannot be obtained within a reasonable time at an ordinary commercial price.
Commercial availability of copy of recording or film
(6) For the purposes of subsections (3) and (5), in determining whether a copy (not being a second-hand copy) cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account whether an electronic copy can be obtained within a reasonable time at an ordinary commercial price.
Work or other subject-matter included in recording or film
(7) If under this section, copyright in the sound recording or cinematograph film is not infringed by the making of a copy of the recording or film, the making of that copy does not infringe copyright in any work or other subject-matter included in the recording or film.
Relationship with the rest of this Division
(8) This section does not limit any of the other provisions of this Division that provide that an act (however described) does not infringe copyright. Those other provisions do not limit this section.
Section 110C
110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting
111 Recording broadcasts for replaying at more convenient time
(1) This section applies if a person makes a cinematograph film or sound recording of a broadcast solely for private and domestic use by watching or listening to the material broadcast at a time more convenient than the time when the broadcast is made.
Note: Subsection 10(1) defines broadcast as a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992.
Section 111A
Making the film or recording does not infringe copyright
(2) The making of the film or recording does not infringe copyright in the broadcast or in any work or other subject-matter included in the broadcast.
Note: Even though the making of the film or recording does not infringe that copyright, that copyright may be infringed if a copy of the film or recording is made.
Dealing with embodiment of film or recording
(3) Subsection (2) is taken never to have applied if an article or thing embodying the film or recording is:
Note: If the article or thing embodying the film or recording is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the article or thing but also by the dealing with the article or thing.
(4) To avoid doubt, paragraph (3)(d) does not apply to a loan of the article or thing by the lender to a member of the lender’s family or household for the member’s private and domestic use.
111A Temporary copy made in the course of communication
Section 111B
111B Temporary copy of subject-matter as part of a technical process of use
112 Reproductions of editions of work
The copyright in a published edition of a work or works is not infringed by the making of a reproduction of the whole or a part of that edition if that reproduction is made in the course of:
(a) where the edition contains one work only:
Section 112A
(b) where the edition contains more than one work:
112A Importation and sale etc. of books
is not infringed by a person who, without the licence of the owner of the copyright, imports a copy (in this subsection called the imported copy) of a hardback or paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 102(1)(a), (b) or (c) if:
(c) the person had ordered in writing from the copyright owner, or the owner’s licensee or agent, one or more copies of that version of the book (not being second-hand copies or more Section 112A
copies than were needed to satisfy the person’s reasonable requirements); and
(d) when the person ordered the imported copy, the original order mentioned in paragraph (c) had not been withdrawn or cancelled by, or with the consent of, the person and:
(3) The copyright in a published edition of a work (whether the edition was first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports a single copy of a non-infringing book into Australia if the importation is for the purpose of filling a written order, or a verifiable telephone order, by a customer of the person and:
verifiable statement; to the effect that the customer does not intend to use the book for a purpose mentioned in paragraph 102(1)(a), (b) or (c).
(4) The copyright in a published edition of a work (whether the edition was first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports 2 or more copies of a non-infringing book into Australia if:
Section 112A
infringement of copyright in a published edition of a work; the use of the book for any such purpose does not constitute an infringement of the copyright in the edition and subsection 103(1) does not apply to the book.
book does not include:
(a) a book whose main content is one or more musical works, with or without any related literary, dramatic or artistic work; or Section 112AA
commencing day means the day on which the Copyright Amendment Act 1991 commences.
overseas edition means a published edition of a work, being an edition:
Note: An edition of a work may, for the purposes of this Act, be first published in Australia if it is published in Australia within 30 days of an earlier publication elsewhere. For the meaning of first publication, see section 29 and, in particular, subsection 29(5).
112AA Making preservation copies of significant published editions in key cultural institutions’ collections
(1) This section applies in relation to a published edition of one or more works held in the collection of a library or archives if:
Published editions
(2) The copyright in the published edition is not infringed by an authorized officer of the library or archives making up to 3 facsimile copies of the edition from the copy held in the collection, for the purpose of preserving the edition against loss or deterioration, if the officer is satisfied that a copy or facsimile copy of the edition (not being a second-hand copy) cannot be obtained within a reasonable time at an ordinary commercial price.
Section 112B
(3) In determining whether a copy (not being a second-hand copy) cannot be obtained within a reasonable time at an ordinary commercial price, the authorized officer must take into account whether an electronic copy of the edition can be obtained within a reasonable time at an ordinary commercial price.
Works in published editions
(4) If, under this section, copyright in the published edition is not infringed by the making of a facsimile copy of the edition, the making of that copy does not infringe copyright in any of the works in the published edition.
Relationship with the rest of this Division
(5) This section does not limit any of the other provisions of this Division that provide that an act (however described) does not infringe copyright. Those other provisions do not limit this section.
112B Reproduction of writing on approved label for containers for chemical product
The reproduction on a label on a container for a chemical product of any writing appearing on an approved label is not an infringement of any copyright subsisting under section 92 in relation to that writing.
112C Copyright subsisting in accessories etc. to imported articles
(1) The copyright in:
accessory to an article; is not infringed by importing the accessory with the article.
Note: See the definition of accessory in subsection 10(1) and see also section 10AD for an expanded meaning of accessory in relation to certain imported articles.
Section 112D
(2) Section 103 does not apply to:
a non-infringing accessory to an article; if the importation of the accessory is not an infringement of copyright in the edition, film or recording, as the case may be.
(3) The definition of article in section 103 does not affect this section.
112D Import of non-infringing copy of a sound recording does not infringe copyright in the sound recording
(1) The copyright in a sound recording is not infringed by a person who:
Note: In a civil action for infringement of copyright, a copy of a sound recording is presumed not to be a non-infringing copy of the sound recording unless the defendant proves it is. See section 130A.
(2) This section applies to a copy of a sound recording only if, when the copy is imported into Australia, the sound recording has been published:
Section 112DA
(iii) the maker of the sound recording, if neither the law of the publication country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when publication occurred.
Note: Subsection 29(6) deals with unauthorised publication.
112DA Importation and sale etc. of copies of electronic literary or music items
(1) If, in relation to a published edition of a work:
country; then the copyright in the published edition is not infringed by a person who:
Note: Section 130C deals with the burden of proof a defendant bears in a civil action for infringement of copyright.
(2) The definition of article in section 103 does not affect this section.
112E Communication by use of certain facilities
A person (including a carrier or carriage service provider) who provides facilities for making, or facilitating the making of, a communication is not taken to have authorised any infringement of Section 112E
copyright in an audio-visual item merely because another person uses the facilities so provided to do something the right to do which is included in the copyright.
Section 113
113 Copyrights to subsist independently
113A Agents may act on behalf of groups of performers
or apparent authority, has granted a licence or permission to the person to do the act.
Note: The person may still need to obtain the licence or permission of other owners of the copyright before doing the act.
113B Consent to the use of a sound recording of a live performance
A person is taken to have been granted a licence or permission (however described) by a performer to use a sound recording of a live performance if:
Note: The person may still need to obtain the consent of the other owners of the copyright in the sound recording of the live performance before using the sound recording.
113C Use of published sound recordings when owners cannot be found etc.
(1) An owner (the first owner) of the copyright in a sound recording of a live performance that is a published sound recording is taken to have been granted a licence or permission (however described) by another owner of the copyright to do an act comprised in the copyright, or to do any other act in relation to the copyright, if:
Note: The first owner may still need to obtain a licence or permission from any other owners of the copyright in the sound recording of the live performance.
Section 114
114 Interpretation
Section 115
115 Actions for infringement
(i) the flagrancy of the infringement; and (ia) the need to deter similar infringements of copyright; and (ib) the conduct of the defendant after the act constituting
the infringement or, if relevant, after the defendant was informed that the defendant had allegedly infringed the plaintiff’s copyright; and
(ii) whether the infringement involved the conversion of a work or other subject-matter from hardcopy or analog form into a digital or other electronic machine-readable form; and
(iii) any benefit shown to have accrued to the defendant by reason of the infringement; and Section 115
(iv) all other relevant matters; the court may, in assessing damages for the infringement, award
such additional damages as it considers appropriate in the circumstances.
Consideration for relief for electronic commercial infringement
article includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form.
Section 116
116 Rights of owner of copyright in respect of infringing copies
(1) The owner of the copyright in a work or other subject-matter may bring an action for conversion or detention in relation to:
(1A) In an action for conversion or detention, a court may grant to the owner of the copyright all or any of the remedies that are available in such an action as if:
(1B) Any relief granted by a court in an action for conversion or detention is in addition to any relief that the court may grant under section 115.
(1C) A court is not to grant any relief to the owner of the copyright in an action for conversion or detention if the relief that the court has granted or proposes to grant under section 115 is, in the opinion of the court, a sufficient remedy.
(1D) In deciding whether to grant relief in an action for conversion or detention and in assessing the amount of damages payable, the court may have regard to the following:
(1E) If the infringing copy is an article of which only part consists of material that infringes copyright, the court, in deciding whether to grant relief and in assessing the amount of damages payable, may also have regard to the following: Section 116AAA
(2) A plaintiff is not entitled by virtue of this section to any damages or to any other pecuniary remedy, other than costs, if it is established that, at the time of the conversion or detention:
116AAA Compensation for acquisition of property
Section 116AAA
proceeding that is commenced otherwise than under this section and that arises out of the same event or transaction.
(5) In this section:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
maker of a sound recording of a live performance means a person mentioned in paragraph 22(3A)(a).
performer in a live performance means the following people:
Section 116AA
116AA Purpose of this Division
(1) The purpose of this Division is to limit the remedies that are available against carriage service providers for infringements of copyright that relate to the carrying out of certain online activities by carriage service providers. A carriage service provider must satisfy certain conditions to take advantage of the limitations.
Note 1: Subdivision B contains a description of the relevant activities.
Note 2: Subdivision C contains details of the limitations on remedies.
Note 3: Subdivision D sets out the conditions that must be satisfied for a carriage service provider to take advantage of the limitations. The limitations are automatic if a carriage service provider complies with the relevant conditions.
(2) This Division does not limit the operation of provisions of this Act outside this Division in relation to determining whether copyright has been infringed.
116AB Definitions
In this Division:
caching means the reproduction of copyright material on a system or network controlled or operated by or for a carriage service provider in response to an action by a user in order to facilitate efficient access to that material by that user or other users.
copyright material means:
Section 116AC
industry code means:
116AC Category A activity
A carriage service provider carries out a Category A activity by providing facilities or services for transmitting, routing or providing connections for copyright material, or the intermediate and transient storage of copyright material in the course of transmission, routing or provision of connections.
116AD Category B activity
A carriage service provider carries out a Category B activity by caching copyright material through an automatic process. The carriage service provider must not manually select the copyright material for caching.
116AE Category C activity
A carriage service provider carries out a Category C activity by storing, at the direction of a user, copyright material on a system or network controlled or operated by or for the carriage service provider.
116AF Category D activity
A carriage service provider carries out a Category D activity by referring users to an online location using information location tools or technology.
Section 116AG
116AG Limitations on remedies
Relevant conditions must be satisfied
(1) A carriage service provider must satisfy the relevant conditions set out in Subdivision D before the limitations in this section apply.
General limitations
(2) For infringements of copyright that occur in the course of carrying out any of the categories of activities set out in Subdivision B, a court must not grant relief against a carriage service provider that consists of:
Category specific limitations
Section 116AH
Relevant matters
(5) In deciding whether to make an order of a kind referred to in subsection (3) or (4), a court must have regard to:
burdensome. The court may have regard to other matters it considers relevant.
116AH Conditions
(1) This table sets out the conditions for each of the categories of activities.
Conditions
Item Activity Conditions
1 All categories 1. The carriage service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the accounts of repeat infringers.
2. If there is a relevant industry code in force—the carriage service provider must comply with the relevant provisions of that code relating to accommodating and not interfering with standard technical measures used to protect and identify copyright material.
2 Category A 1. Any transmission of copyright material in carrying out this activity must be initiated by or at the direction of a person other than the carriage service provider.
2. The carriage service provider must not make substantive modifications to copyright material transmitted. This does not apply to modifications made as part of a technical process.
Section 116AH
Conditions
Item Activity Conditions
Category B 1. If the copyright material that is cached is subject to conditions on user access at the originating site, the carriage service provider must ensure that access to a significant part of the cached copyright material is permitted only to users who have met those conditions.
2. If there is a relevant industry code in force—the carriage service provider must comply with the relevant provisions of that code relating to:
Section 116AH
Conditions
Item Activity Conditions
Category C 1. The carriage service provider must not receive a financial benefit that is directly attributable to the infringing activity if the carriage service provider has the right and ability to control the activity.
2. The carriage service provider must expeditiously remove or disable access to copyright material residing on its system or network upon receipt of a notice in the prescribed form that the material has been found to be infringing by a court.
2A. The carriage service provider must act expeditiously to remove or disable access to copyright material residing on its system or network if the carriage service provider:
The carriage service provider does not, in an action relating to this Division, bear any onus of proving a matter referred to in paragraph (a) or (b).
3. The carriage service provider must comply with the prescribed procedure in relation to removing or disabling access to copyright material residing on its system or network.
Section 116AH
Conditions
Item Activity Conditions
5 Category D 1. The carriage service provider must not receive a financial benefit that is directly attributable to the infringing activity if the carriage service provider has the right and ability to control the activity.
2. The carriage service provider must expeditiously remove or disable access to a reference residing on its system or network upon receipt of a notice in the prescribed form that the copyright material to which it refers has been found to be infringing by a court.
2A. The carriage service provider must act expeditiously to remove or disable access to a reference residing on its system or network if the carriage service provider:
The carriage service provider does not, in an action relating to this Division, bear any onus of proving a matter referred to in paragraph (a) or (b).
3. The carriage service provider must comply with the prescribed procedure in relation to removing or disabling a reference residing on its system or network.
The court may have regard to other matters it considers relevant.
(4) An act done by a carriage service provider in complying with the prescribed procedure referred to in condition 3 in table item 4 in the table in subsection (1) does not constitute a failure to satisfy condition 2A in that item.
116AI Evidence of compliance with conditions
If a carriage service provider, in an action relating to this Division, points to evidence, as prescribed, that suggests that the carriage service provider has complied with a condition, the court must presume, in the absence of evidence to the contrary, that the carriage service provider has complied with the condition.
116AJ Regulations
Note: If a body corporate is convicted of an offence against regulations made under this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose fines of up to 5 times the penalty stated above.
Section 116AK
116AK Definitions
In this Subdivision, computer program has the same meaning as in section 47AB.
116AL Interaction of this Subdivision with Part VAA
This Subdivision does not apply to encoded broadcasts (within the meaning of Part VAA).
116AM Geographical application
116AN Circumventing an access control technological protection measure
(1) An owner or exclusive licensee of the copyright in a work or other subject-matter may bring an action against a person if:
Exception—permission
(2) Subsection (1) does not apply to the person if the person has the permission of the copyright owner or exclusive licensee to circumvent the access control technological protection measure.
Remedies and offences Part V Actions in relation to technological protection measures and electronic rights management information Division 2A
Section 116AN
Exception—interoperability
(3) Subsection (1) does not apply to the person if:
(iia) relates to elements of the original program that will not be readily available to the person when the circumvention occurs; and
(iii) will be done for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other program.
Exception—encryption research
(4) Subsection (1) does not apply to the person if:
(a) the person circumvents the access control technological protection measure to enable:
person; to do an act; and
(i) engaged in a course of study at an educational institution in the field of encryption technology; or Section 116AN
(ii) employed, trained or experienced in the field of encryption technology; and
(d) the person or employee:
such permission. In this subsection, encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms.
Exception—computer security testing
(5) Subsection (1) does not apply to the person if:
(iii) will be done for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; and
(iv) will be done with the permission of the owner of the computer, computer system or computer network.
Exception—online privacy
(6) Subsection (1) does not apply to the person if:
(iii) will be done for the sole purpose of identifying and disabling an undisclosed capability to collect or
Remedies and offences Part V Actions in relation to technological protection measures and electronic rights management information Division 2A
Section 116AN
disseminate personally identifying information about the online activities of a natural person; and
(iv) will not affect the ability of the person or any other person to gain access to the work or other subject-matter or any other work or subject-matter.
Exception—law enforcement and national security
(7) Subsection (1) does not apply in relation to anything lawfully done for the purposes of:
by or on behalf of the Commonwealth, a State or a Territory, or an authority of one of those bodies.
Exception—libraries etc.
(8) Subsection (1) does not apply to the person if:
Note: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Exception—prescribed acts
(9) Subsection (1) does not apply to the person if:
(a) the person circumvents the access control technological protection measure to enable the person to do an act; and Section 116AO
Note: For the making of regulations prescribing the doing of an act by a person, see section 249.
Burden of proof
(10) The defendant bears the burden of establishing the matters referred to in subsections (2) to (9).
116AO Manufacturing etc. a circumvention device for a technological protection measure
(1) An owner or exclusive licensee of the copyright in a work or other subject-matter may bring an action against a person if:
Exception - no promotion, advertising etc.
(2) Subsection (1) does not apply to the person if:
(a) the device is a circumvention device for the technological protection measure only because it was promoted, advertised or marketed as having the purpose of circumventing the technological protection measure; and
Remedies and offences Part V Actions in relation to technological protection measures and electronic rights management information Division 2A
Section 116AO
(b) both of the following apply:
Exception—interoperability
(3) Subsection (1) does not apply to the person if:
(iia) relates to elements of the original program that will not be readily available to the person doing the act when the circumvention occurs; and
(iii) will be done for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other program.
Exception—encryption research
(4) Subsection (1) does not apply to the person if:
(i) relates to a copy of a work or other subject-matter that is not an infringing copy and that was lawfully obtained; and Section 116AO
(ii) will not infringe the copyright in the work or other subject-matter; and
(iii) will be done for the sole purpose of identifying and analysing flaws and vulnerabilities of encryption technology; and
such permission. In this subsection, encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms.
Exception—computer security testing
(5) Subsection (1) does not apply to the person if:
(iii) will be done for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; and
(iv) will be done with the permission of the owner of the computer, computer system or computer network.
Remedies and offences Part V Actions in relation to technological protection measures and electronic rights management information Division 2A
Section 116AP
Exception—law enforcement and national security
(6) Subsection (1) does not apply in relation to anything lawfully done for the purposes of:
by or on behalf of the Commonwealth, a State or a Territory, or an authority of one of those bodies.
Burden of proof
(7) The defendant bears the burden of establishing the matters referred to in subsections (2) to (6).
116AP Providing etc. a circumvention service for a technological protection measure
(1) An owner or exclusive licensee of the copyright in a work or other subject-matter may bring an action against a person if:
Exception - no promotion, advertising etc.
(2) Subsection (1) does not apply to the person if:
(i) the person did not do such promoting, advertising or marketing; Section 116AP
(ii) the person did not direct or request (expressly or impliedly) another person to do such promoting, advertising or marketing.
Exception—interoperability
(3) Subsection (1) does not apply to the person if:
(iia) relates to elements of the original program that will not be readily available to the person doing the act when the circumvention occurs; and
(iii) will be done for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other program.
Exception—encryption research
(4) Subsection (1) does not apply to the person if:
(iii) will be done for the sole purpose of identifying and analysing flaws and vulnerabilities of encryption technology; and
Remedies and offences Part V Actions in relation to technological protection measures and electronic rights management information Division 2A
Section 116AP
such permission. In this subsection, encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms.
Exception—computer security testing
(5) Subsection (1) does not apply to the person if:
(iii) will be done for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; and
(iv) will be done with the permission of the owner of the computer, computer system or computer network.
Exception—law enforcement and national security
(6) Subsection (1) does not apply in relation to anything lawfully done for the purposes of:
Section 116AQ
by or on behalf of the Commonwealth, a State or a Territory, or an authority of one of those bodies.
Burden of proof
(7) The defendant bears the burden of establishing the matters referred to in subsections (2) to (6).
116AQ Remedies in actions under this Subdivision
the court may order that the device be delivered up to the court upon such conditions as the court considers appropriate.
Remedies and offences Part V Actions in relation to technological protection measures and electronic rights management information Division 2A
Section 116B
(4) This section does not, by implication, affect the interpretation of any other provision of this Act.
116B Removal or alteration of electronic rights management information
116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered
(1) This section applies if:
(a) a person does any of the following acts in relation to a work or other subject-matter in which copyright subsists without the permission of the owner or exclusive licensee of the copyright: Section 116CA
(iii) communicates a copy of the work or other subject-matter to the public; and
unless the defendant proves otherwise.
116CA Distribution and importation of electronic rights management information that has been removed or altered
(1) This section applies if:
Remedies and offences Part V Actions in relation to technological protection measures and electronic rights management information Division 2A
Section 116CB
unless the defendant proves otherwise.
116CB Exception relating to national security and law enforcement
Sections 116B to 116CA do not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of: Section 116D
116D Remedies in actions under this Subdivision
the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.
Section 117
117 Interpretation
In this Division:
if the licence had been an assignment means if, instead of the licence, there had been granted (subject to conditions corresponding as nearly as practicable with those subject to which the licence was granted) an assignment of the copyright in respect of its application to the doing, at the places and times authorized by the licence, of the acts so authorized.
the other party means:
118 Application
This Division applies to proceedings in relation to a copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.
119 Rights of exclusive licensee
Subject to the succeeding sections of this Division:
(a) except against the owner of the copyright, the exclusive licensee has the same rights of action as he or she would have, and is entitled to the same remedies as he or she would be entitled to, by virtue of section 115 if the licence had been an assignment, and those rights and remedies are concurrent with the rights and remedies of the owner of the copyright under that section; Section 120
120 Joinder of owner or exclusive licensee as a party
(1) Where:
the owner or licensee, as the case may be, is not entitled, except with the leave of the court, to proceed with the action, in so far as it is brought under that section and relates to that infringement, unless the other party is joined as a plaintiff in the action or added as a defendant.
(2) This section does not affect the granting of an interlocutory injunction on the application of the owner of the copyright or of the exclusive licensee.
121 Defences available against exclusive licensee
In an action brought by the exclusive licensee by virtue of this Division, a defence under this Act that would have been available to a defendant in the action if the action had been brought by the owner of the copyright is available to that defendant as against the exclusive licensee.
122 Assessment of damages where exclusive licence granted
Where an action to which section 120 applies is brought and the owner of the copyright and the exclusive licensee are not both Section 123
plaintiffs in the action, the court, in assessing damages in respect of an infringement of a kind referred to in that section, shall:
123 Apportionment of profits between owner and exclusive licensee
Where:
then, subject to any agreement of which the court is aware by which the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the court shall apportion the profits between them in such a manner as the court considers just and shall give such directions as the court considers appropriate for giving effect to that apportionment.
Note: However, not all owners of the copyright are entitled to an account of profits: see section 100AG.
124 Separate actions in relation to the same infringement
In an action brought by the owner of the copyright or by the exclusive licensee:
(a) a judgment or order for the payment of damages in respect of an infringement of copyright shall not be given or made under section 115 if a final judgment or order has been given or made in favour of the other party directing an account of profits under that section in respect of the same infringement; and Section 125
(b) a judgment or order for an account of profits in respect of an infringement of copyright shall not be given or made under that section if a final judgment or order has been given or made in favour of the other party awarding damages or directing an account of profits under that section in respect of the same infringement.
Note: However, not all owners of the copyright are entitled to damages (other than additional damages) or an account of profits: see section 100AG.
125 Liability for costs
Where, in an action to which section 120 applies, whether brought by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or at a later time), but is added as a defendant, the other party is not liable for any costs in the action unless he or she enters an appearance and takes part in the proceedings.
Section 126
126 Presumptions as to subsistence and ownership of copyright
In an action brought by virtue of this Part:
126A Presumptions relating to subsistence of copyright
(1) This section applies to an action under this Part in which the defendant puts in issue the question whether copyright subsists in the work or other subject matter to which the action relates.
Labels or marks
(2) If a copy of the work or other subject matter, or the packaging or container in which the copy is packaged or contained, bears a label or mark stating the year and place of the first publication, or of the making, of the work or other subject matter, then that year and place are presumed to be as stated on the label or mark, unless the contrary is established.
Foreign certificates
(3) If a certificate or other document issued in a qualifying country in accordance with a law of that country states the year and place of the first publication, or of the making, of the work or other subject matter, then that year and place are presumed to be as stated in the certificate or document, unless the contrary is established.
Section 126B
(4) For the purposes of this section, a document purporting to be a certificate or document referred to in subsection (3) is, unless the contrary intention is established, taken to be such a certificate or document.
126B Presumptions relating to ownership of copyright
(1) This section applies to an action under this Part in which the defendant puts in issue the question of the plaintiff’s ownership of copyright in the work or other subject matter to which the action relates.
Labels or marks
(2) If a copy of the work or other subject matter, or the packaging or container in which the copy is packaged or contained, bears a label or mark stating that a person was the owner of copyright in the work or other subject matter at a particular time, then the person is presumed to have been the owner of the copyright at the time, unless the contrary is established.
Foreign certificates
Chains of ownership
(5) If:
Section 127
(iii) a description of the transaction resulting in each subsequent owner becoming the owner of that copyright;
then the matters described in subparagraphs (b)(i), (ii) and (iii) are presumed to be as stated in the document, unless the contrary is established.
(6) If:
(iii) the date each owner became the owner of that copyright;
(iv) a description of the transaction resulting in each owner
becoming the owner of that copyright; then the matters described in subparagraphs (b)(i), (ii), (iii) and (iv) are presumed to be as stated in the document, unless the contrary is established.
Offence
(7) A person is guilty of an offence if:
Penalty: 30 penalty units.
127 Presumptions in relation to authorship of work
(1) Where a name purporting to be that of the author of a literary, dramatic, musical or artistic work appeared on copies of the work as published or a name purporting to be that of the author of an artistic work appeared on the work when it was made, the person whose name so appeared, if it was his or her true name or a name by which he or she was commonly known, shall, in an action brought by virtue of this Part, be presumed, unless the contrary is Section 128
established, to be the author of the work and to have made the work in circumstances to which subsections 35(4), (5) and (6) do not apply.
the person shall be presumed, unless the contrary is established, to have been the person who took the photograph.
(4) However, if the owner of the material or apparatus was a body corporate, then paragraph (3)(a) only applies if the presumption is required to determine the ownership of the copyright in the photograph.
Note: For example, the presumption does not apply if it is required to determine the duration of the copyright in the photograph.
128 Presumptions in relation to publisher of work
Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, the last preceding section does not apply, but it is established:
(a) that the work was first published in Australia and was so published during the period of 70 years that ended immediately before the commencement of the calendar year in which the action was brought; and Section 129
(b) that a name purporting to be that of the publisher appeared on
copies of the work as first published; then, unless the contrary is established, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication.
129 Presumptions where author has died
paragraphs (1)(a) and (b) apply, in an action brought by virtue of this Part in relation to the work, in like manner as those paragraphs apply where it is established that the author is dead.
129A Presumptions relating to computer programs
(1) This section applies to an action under this Part relating to copyright in a literary work that is a computer program if:
(a) articles or things embodying all or part of the program have been supplied (by sale or otherwise) to the public; and Section 130
(b) at the time of the supply, the articles or things, or their containers, bore a label or other mark consisting of the letter “C” in a circle accompanied by a specified year and the name of a person.
(2) It is presumed that:
unless the contrary is established.
(3) A presumption about a person under subsection (2) does not imply that the person was the only owner of copyright in the program when and where the articles, things or containers were labelled or marked.
130 Presumptions relating to sound recordings
Statements and matters presumed unless the contrary is established
Item | Statement | Matter presumed |
---|---|---|
1 | A specified person was the maker of the recording | The person was the maker of the recording |
2 | The recording was first published in a specified year | The recording was first published in the year |
3 | The recording was first published in a specified country | The recording was first published in the country |
Section 130A
(3) If the label or mark consisted of the letter “P” in a circle accompanied by a specified year and the name of a person, it is presumed that:
and where the records or containers were labelled or marked; unless the contrary is established.
(4) A presumption about a person under this section does not imply that the person was:
130A Acts relating to imported copies of sound recordings
(1) In an action for infringement of copyright described in section 37, 38, 102 or 103 by an act involving an article that is a copy of a sound recording, it must be presumed that the copy is not a non-infringing copy unless the defendant proves that the copy is a non-infringing copy.
Note 1: Sections 37 and 38 deal with infringement of copyright in literary, dramatic and musical works (among other things) by commercial importation and dealings involving articles.
Note 2: Sections 102 and 103 deal with infringement of copyright in sound recordings (among other things) by commercial importation and dealings involving articles.
(2) The definition of article in sections 38 and 103 does not affect this section.
130B Acts relating to imported copies of computer programs
(1) In an action by a plaintiff for infringement of copyright described in section 37 or 38:
program; it must be presumed, unless the defendant proves otherwise, that the copy is not a non-infringing copy so far as it relates to the plaintiff’s copyright.
Section 130C
Note: Sections 37 and 38 deal with infringement of copyright in literary works (among other things) by commercial importation and dealings involving articles.
(2) The definition of article in section 38 does not affect this section.
130C Acts relating to imported copies of electronic literary or music items
(1) In an action by a plaintiff for infringement of copyright described in section 37, 38, 102 or 103:
electronic literary or music item; it must be presumed, unless the defendant proves otherwise, that the copy is not a non-infringing copy so far as it relates to the plaintiff’s copyright.
Note 1: Sections 37 and 38 deal with infringement of copyright in a work by commercial importation and dealings involving articles.
Note 2: Sections 102 and 103 deal with infringement of copyright in a published edition of a work (among other things) by commercial importation and dealings involving articles.
(2) The definition of article in sections 38 and 103 does not affect this section.
131 Presumptions relating to films
unless the contrary is established.
(4) A presumption about a person under subsection (3) does not imply that the person was the only owner of copyright in the film when and where the articles, things or containers were labelled or marked.
Section 131A
131A Exercise of jurisdiction
The jurisdiction of the Supreme Court of a State or Territory in an action under this Part shall be exercised by a single Judge of the Court.
131B Appeals
131C Jurisdiction of Federal Court of Australia
Jurisdiction is conferred on the Federal Court of Australia with respect to actions under this Part.
131D Jurisdiction of Federal Magistrates Court
Jurisdiction is conferred on the Federal Magistrates Court with respect to civil actions under this Part.
Section 132AA
132AA Definitions
In this Division:
article includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form. copyright material means:
distribute, except in Subdivision E, includes distribute by way of communication.
place of public entertainment includes premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment.
profit does not include any advantage, benefit, or gain, that:
132AB Geographical application
Section 132AC
132AC Commercial-scale infringement prejudicing copyright owner
Indictable offence
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Section 132AC
Determining whether infringements occur on commercial scale
(5) In determining whether one or more infringements occur on a commercial scale for the purposes of paragraph (1)(d) or (3)(d), the following matters are to be taken into account:
Defence relating to law enforcement and national security
(6) This section does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
Defence for certain public institutions etc.
(7) This section does not apply in respect of anything lawfully done by the following in performing their functions:
Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
Section 132AD
(8) This section does not apply in respect of anything lawfully done by a person in connection with a work or other subject-matter if:
Note: A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code).
132AD Making infringing copy commercially
Indictable offence
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Note 2: If the infringing copy was made by converting the work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
(a) the person makes an article, with the intention of:
(i) selling it; or Section 132AE
(ii) letting it for hire; or
(iii) obtaining a commercial advantage or profit; and
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
132AE Selling or hiring out infringing copy
Indictable offence
(1) A person commits an offence if:
Section 132AE
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Note 2: If the infringing copy was made by converting the work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 132AF
132AF Offering infringing copy for sale or hire
Indictable offences
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Note 2: If the infringing copy was made by converting the work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offences
(4) A person commits an offence if:
Section 132AF
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(5) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offences
(7) A person commits an offence if:
Penalty: 60 penalty units.
(8) A person commits an offence if:
Penalty: 60 penalty units.
(9) Subsections (7) and (8) are offences of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 132AG
132AG Exhibiting infringing copy in public commercially
Indictable offences
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Note 2: If the infringing copy was made by converting the work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offences
(4) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
Section 132AG
(5) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offences
(7) A person commits an offence if:
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 132AH
132AH Importing infringing copy commercially
Indictable offence
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Note 2: If the infringing copy was made by converting the work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
(a) the person imports an article into Australia, with the intention of doing any of the following with the article: Section 132AH
(iii) by way of trade offering or exposing it for sale or hire;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject-matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
(a) the person imports an article into Australia in preparation for, or in the course of, doing any of the following with the article:
(iii) by way of trade offering or exposing it for sale or hire;
Section 132AI
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject-matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
132AI Distributing infringing copy
Indictable offences
Section 132AI
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Note 2: If the infringing copy was made by converting the work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offences
(4) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(5) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(7) A person commits an offence if:
(a) the person distributes an article in preparation for, or in the course of:
Section 132AJ
Penalty: 60 penalty units.
(9) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
132AJ Possessing infringing copy for commerce
Indictable offence
Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Section 132AJ
Note 2: If the infringing copy was made by converting the work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form, there is an aggravated offence with a higher maximum penalty under section 132AK.
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
(a) the person possesses an article in preparation for, or in the course of, doing any of the following with the article:
Section 132AK
(iii) by way of trade offering or exposing it for sale or hire;
(vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject-matter of which the article is an infringing copy;
(viii) by way of trade exhibiting it in public;
(ix) exhibiting it in public to obtain a commercial advantage or profit; and
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
132AK Aggravated offence—work etc. converted to digital form
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
(3) To prove an aggravated offence, the prosecution must prove that the defendant was reckless with respect to the circumstance that the infringing copy was made by converting a work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form.
Section 132AL
Note: The prosecution must also prove all the physical and fault elements of the offence against the basic offence provision.
(4) If the prosecution intends to prove an aggravated offence, the charge must allege that the infringing copy was made by converting a work or other subject-matter from a hard copy or analog form into a digital or other electronic machine-readable form.
132AL Making or possessing device for making infringing copy
Indictable offences
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offences
(4) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(5) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
Strict liability offence
(8) A person commits an offence if:
Penalty: 60 penalty units.
(10) Subsection (8) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 132AM
No need to prove which work etc. is to be copied
(11) In a prosecution for an offence against this section, it is not necessary to prove which particular work or other subject-matter is intended to be, or will be, copied using the device.
132AM Advertising supply of infringing copy
Summary offence
(1) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Location of supply of copy by communication resulting in creation of copy
(2) For the purposes of this section, a communication of a work or other subject-matter that, when received and recorded, will result in the creation of a copy of the work or other subject-matter is taken to constitute the supply of a copy of the work or other subject-matter at the place where the copy will be created.
132AN Causing work to be performed publicly
Indictable offence
(1) A person commits an offence if:
Section 132AO
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
132AO Causing recording or film to be heard or seen in public
Indictable offence
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Section 132APA
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
132APA Definitions
In this Subdivision, computer program has the same meaning as in section 47AB.
Section 132APB
132APB Interaction of this Subdivision with Part VAA
This Subdivision does not apply to encoded broadcasts (within the meaning of Part VAA).
132APC Circumventing an access control technological protection measure
(1) A person commits an offence if:
Penalty: 60 penalty units.
Defence—permission
(2) Subsection (1) does not apply to the person if the person has the permission of the copyright owner or exclusive licensee to circumvent the access control technological protection measure.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Defence—interoperability
(3) Subsection (1) does not apply to the person if:
(iia) relates to elements of the original program that will not be readily available to the person when the circumvention occurs; and Section 132APC
(iii) will be done for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other program.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Defence—encryption research
(4) Subsection (1) does not apply to the person if:
(a) the person circumvents the access control technological protection measure to enable:
person; to do an act; and
such permission. In this subsection, encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
Section 132APC
Defence—computer security testing
(5) Subsection (1) does not apply to the person if:
(iii) will be done for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; and
(iv) will be done with the permission of the owner of the computer, computer system or computer network.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
Defence—online privacy
(6) Subsection (1) does not apply to the person if:
(iii) will be done for the sole purpose of identifying and disabling an undisclosed capability to collect or disseminate personally identifying information about the online activities of a natural person; and
(iv) will not affect the ability of the person or any other person to gain access to the work or other subject-matter or any other work or subject-matter.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
Section 132APC
Defence—law enforcement and national security
(7) Subsection (1) does not apply in relation to anything lawfully done for the purposes of:
by or on behalf of the Commonwealth, a State or a Territory, or an authority of one of those bodies.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
Defence—libraries etc.
(8) Subsection (1) does not apply in respect of anything lawfully done by the following bodies in performing their functions:
Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code).
(8A) This section does not apply in respect of anything lawfully done by a person in connection with a work or other subject-matter if:
Section 132APD
Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code).
Defence—prescribed acts
(9) Subsection (1) does not apply to the person if:
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code).
Note 2: For the making of regulations prescribing the doing of an act by a person, see section 249.
132APD Manufacturing etc. a circumvention device for a technological protection measure
(1) A person commits an offence if:
Penalty: 550 penalty units or imprisonment for 5 years, or both.
Section 132APD
Defence—no promotion, advertising etc.
(2) Subsection (1) does not apply to the person if:
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Defence—interoperability
(3) Subsection (1) does not apply to the person if:
(iia) relates to elements of the original program that will not be readily available to the person doing the act when the circumvention occurs; and
(iii) will be done for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other program.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Section 132APD
Defence—encryption research
(4) Subsection (1) does not apply to the person if:
such permission. In this subsection, encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
Defence—computer security testing
(5) Subsection (1) does not apply to the person if:
(a) the technological protection measure is an access control technological protection measure; and Section 132APD
(iii) will be done for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; and
(iv) will be done with the permission of the owner of the computer, computer system or computer network.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
Defence—law enforcement and national security
(6) Subsection (1) does not apply in relation to anything lawfully done for the purposes of:
by or on behalf of the Commonwealth, a State or a Territory, or an authority of one of those bodies.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
Defence—libraries etc.
(7) Subsection (1) does not apply in respect of anything lawfully done by the following bodies in performing their functions:
Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
(8) This section does not apply in respect of anything lawfully done by a person in connection with a work or other subject-matter if:
Note: A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code).
132APE Providing etc. a circumvention service for a technological protection measure
(1) A person commits an offence if:
Penalty: 550 penalty units or imprisonment for 5 years, or both.
Defence—no promotion, advertising etc.
(2) Subsection (1) does not apply to the person if:
(a) the service is a circumvention service for the technological protection measure only because it was promoted, advertised or marketed as having the purpose of circumventing the technological protection measure; and Section 132APE
(b) both of the following apply:
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Defence—interoperability
(3) Subsection (1) does not apply to the person if:
(iia) relates to elements of the original program that will not be readily available to the person doing the act when the circumvention occurs; and
(iii) will be done for the sole purpose of achieving interoperability of an independently created computer program with the original program or any other program.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
Defence—encryption research
(4) Subsection (1) does not apply to the person if:
such permission. In this subsection, encryption technology means the scrambling and descrambling of information using mathematical formulas or algorithms.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).
Defence—computer security testing
(5) Subsection (1) does not apply to the person if:
Section 132APE
(iii) will be done for the sole purpose of testing, investigating or correcting the security of a computer, computer system or computer network; and
(iv) will be done with the permission of the owner of the computer, computer system or computer network.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
Defence—law enforcement and national security
(6) Subsection (1) does not apply in relation to anything lawfully done for the purposes of:
by or on behalf of the Commonwealth, a State or a Territory, or an authority of one of those bodies.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).
Defence—libraries etc.
(7) Subsection (1) does not apply in respect of anything lawfully done by the following bodies in performing their functions:
Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
Section 132AQ
(8) This section does not apply in respect of anything lawfully done by a person in connection with a work or other subject-matter if:
Note: A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code).
132AQ Removing or altering electronic rights management information
Indictable offence
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
(a) copyright subsists in a work or other subject-matter; and Section 132AQ
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 132AR
132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information
Indictable offence
(1) A person commits an offence if:
relates to the work or subject-matter has been altered; without the permission of the owner or exclusive licensee of the copyright; and
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Section 132AR
Summary offence
(3) A person commits an offence if:
relates to the work or subject-matter has been altered; without the permission of the owner or exclusive licensee of the copyright; and
(e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Section 132AS
(iii) communicates a copy of the work or subject-matter to the public; and
relates to the work or subject-matter has been altered; without the permission of the owner or exclusive licensee of the copyright; and
(e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
132AS Distributing or importing electronic rights management information
Indictable offence
(1) A person commits an offence if:
(i) distributes the electronic rights management information with the intention of trading or obtaining a commercial advantage or profit; Section 132AS
(ii) imports the electronic rights management information into Australia with the intention of trading or obtaining a commercial advantage or profit; and
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Section 132AT
or exclusive licensee of the copyright but the information has been altered without that permission; and
(e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright.
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
132AT Defences
Law enforcement and national security
(1) This Subdivision does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3) of the Criminal Code).
Certain public institutions etc.
(2) This Subdivision does not apply in respect of anything lawfully done by the following in performing their functions:
Section 132AU
Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3) This Subdivision does not apply in respect of anything lawfully done by a person in connection with a work or other subject-matter if:
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).
132AU Prosecution to prove profit
Note: For the purposes of this Division, section 132AA defines profit as not including any advantage, benefit, or gain, that:
132A Presumptions in relation to subsistence and ownership of copyright
(1) This section applies to a prosecution for an offence against this Division, except section 132AM, in relation to a work or other subject matter.
Section 132AAA
Labels or marks
Foreign certificates
132AAA Presumptions relating to computer programs
unless the contrary is established.
(3) A presumption about a person under subsection (2) does not imply that the person was the only owner of copyright in the program when and where the articles, things or containers were labelled or marked.
132B Presumptions relating to sound recordings
Statements and matters to be presumed unless the contrary is established
Item | Statement | Matter presumed |
---|---|---|
1 | A specified person was the maker of the recording | The person was the maker of the recording |
2 | The recording was first published in a specified year | The recording was first published in the year |
3 | The recording was first published in a specified country | The recording was first published in the country |
Section 132C
(3) If the label or mark consisted of the letter “P” in a circle accompanied by a specified year and the name of a person, it is presumed that:
and where the records or containers were labelled or marked; unless the contrary is established.
(4) A presumption about a person under this section does not imply that the person was:
132C Presumptions relating to films
Presumption about film maker
subsection 98(3) does not apply; unless the contrary is established.
Presumption about time of making and owner of copyright
unless the contrary is established.
(5) A presumption about a person under subsection (4) does not imply that the person was the only owner of copyright in the film when and where the articles, things or containers were labelled or marked.
133 Destruction or delivery up of infringing copies etc.
Section 133A
133A Courts in which offences may be prosecuted
133B Infringement notices
(1) The regulations may make provision enabling a person who is alleged to have committed an offence of strict liability against this Division to do both of the following as an alternative to prosecution:
Note: Regulations made for this purpose will make provision to the effect that a prosecution of an alleged offender will be avoided if the alleged offender both pays a penalty to the Commonwealth and forfeits to the Commonwealth all relevant articles and devices (if any).
(2) The penalty must equal one-fifth of the maximum fine that a court could impose on the person as a penalty for that offence.
Section 134
134 Limitation of actions in respect of infringement of copyright
134A Affidavit evidence
(1) Subject to subsection (2), at the trial of a proceeding, being:
may be given by affidavit.
Section 134A
(2) If a party to a proceeding referred to in subsection (1) desires in good faith that the person who made an affidavit referred to in that subsection that is proposed to be used in the proceeding be cross-examined with respect to the matters in the affidavit, the affidavit may not be used in the proceeding unless the person appears as a witness for such cross-examination or the court in which the proceeding is being tried, in its discretion, permits the affidavit to be used without the person so appearing.
Section 134B
134B Interpretation
In this Division:
CEO means the Chief Executive Officer of Customs.
copy, in relation to copyright material, means:
copyright material means:
importer, in relation to copies of copyright material, includes a person who or which is, or holds himself, herself or itself out to be, the owner or importer of the goods comprising the copies.
objector, in relation to particular seized copies, means the person who gave the notice under subsection 135(2) as a result of the giving of which the copies were seized.
owner, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material.
Section 135
seized copies means copies seized under subsection 135(7).
135 Restriction of importation of copies of works etc.
material to which the notice relates is to subsist; whichever is the earlier.
(6) A notice under subsection (2) may be revoked by written notice given to the CEO by the person who gave the first-mentioned notice or by a subsequent owner of the copyright in the copyright material to which the notice relates.
(6A) If the CEO believes, on reasonable grounds, that it is no longer appropriate to give effect to a notice given under subsection (2), the CEO may, by writing, declare the notice to be ineffective.
Section 135
Note: Subsection 195B(3) requires the CEO to notify the person who gave the notice of the decision declaring the notice to be ineffective.
(7) If:
the meaning of the Customs Act 1901; the CEO may seize the copies.
(10A) This Division does not apply to the importation into Australia of copies of copyright material whose importation does not constitute an infringement of copyright because of section 44C or 112C.
Section 135AA
135AA Decision not to seize unless expenses are covered
expenses of seizing the copies means the expenses that may be incurred by the Commonwealth if the copies were seized.
135AB Secure storage of seized copies
Seized copies must be taken to such secure place as the CEO directs.
135AC Notice of seizure
granted; the CEO may extend the retention period by such period as is prescribed.
(7) A decision on a request made in accordance with subsection (5) must be made within 24 hours after the request is made. However, such a decision cannot be made after the end of the retention period to which the request relates.
Section 135AD
(8) The CEO may, at any time after the copies are seized, give to the objector:
135AD Inspection, release etc. of seized copies
Section 135AE
135AE Forfeiture of seized copies by consent
135AF Compulsory release of seized copies to the importer
the CEO must release the copies to the importer.
Section 135AG
135AG Provision relating to actions for infringement of copyright
the court may order the objector to pay to that defendant such amount as the court determines as compensation for any part of Section 135AH
that loss or damage that is attributable to a period beginning on or after the day on which the action was commenced.
135AH Retention of control of seized copies
In spite of section 135AF, in a case in which no order has been made under subsection 135AG(4) in relation to seized copies, the CEO is not obliged to release or dispose of the copies if the CEO is required or permitted, under any other law of the Commonwealth, to retain control of the copies.
135AI Disposal of seized copies ordered to be forfeited
If a court orders that seized copies are to be forfeited to the Commonwealth, the copies must be disposed of:
135AJ Failure to meet Commonwealth’s expenses of seizure
Section 135AK
(4) If security given under subsection 135AA(2) by the objector or objectors who gave notice under section 135 is not sufficient to meet the expenses incurred by the Commonwealth as a result of the action taken by the CEO under this Division because of the notice, the amount of the difference between those expenses and the amount of security:
135AK Immunity of the Commonwealth
The Commonwealth is not liable for any loss or damage suffered by a person:
Section 135AL
135AL Definitions
In this Part:
action means a proceeding of a civil nature between parties, including a counterclaim.
broadcaster means a person licensed under the Broadcasting Services Act 1992 to provide a broadcasting service (as defined in that Act) by which an encoded broadcast is delivered.
channel provider means a person who:
of incidental matter, the channel is broadcast as part of an encoded broadcast service.
decoder means a device (including a computer program) designed or adapted to decrypt, or facilitate the decryption of, an encoded broadcast.
encoded broadcast means:
subscription broadcast means a broadcast that is encrypted and is made available by the broadcaster only to persons authorised by the broadcaster to access the broadcast in intelligible form.
Section 135AM
unauthorised decoder means a device (including a computer program) designed or adapted to decrypt, or facilitate the decryption of, an encoded broadcast without the authorisation of the broadcaster.
135AM Counterclaim
In the application of this Part in relation to a counterclaim, references to the defendant are to be read as references to the plaintiff.
135AN This Part does not apply to law enforcement activity etc.
This Part does not apply in relation to anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
Note: A defendant in proceedings for an offence against this Part bears an evidential burden in relation to the matter in this section (see subsection 13.3(3) of the Criminal Code).
Section 135AOA
135AOA Making or dealing with unauthorised decoder
(iii) exhibiting the unauthorised decoder in public by way of trade or with the intention of obtaining a commercial advantage or profit; or Section 135AOB
(iv) distributing the unauthorised decoder for the purpose of trade, or for a purpose that will prejudicially affect a channel provider or anyone with an interest in the copyright in either an encoded broadcast or the content of an encoded broadcast;
(g) making the unauthorised decoder available online to an extent that will prejudicially affect a channel provider or anyone with an interest in the copyright in either an encoded broadcast or the content of an encoded broadcast.
135AOB Making decoder available online
(1) This section permits an action to be brought against a person if:
Section 135AOC
135AOC Causing unauthorised access
(1) This section permits an action to be brought against a person if:
Note: Paragraph (a)—examples of causing a person to gain access to the broadcast or sounds or images from the broadcast include:
(2) The action may be brought by any of the affected parties but only within 6 years of the act.
Section 135AOD
(3) Subsection (1) does not apply to:
Note: Paragraph (b)—the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
135AOD Unauthorised commercial use of subscription broadcast
Section 135AOE
135AOE Relief
135AOF Destruction of decoder
In an action under this Division, the court may order that the relevant decoder (if any) be destroyed or dealt with as specified in the order.
135AP Exercise of jurisdiction
The jurisdiction of the Supreme Court of a State or Territory in an action under the Part is to be exercised by a single Judge of the Court.
135AQ Appeals
(1) Subject to subsection (2), a decision of a court of a State or Territory (however constituted) under this Part is final and conclusive.
Section 135AR
(2) An appeal lies from a decision of a court of a State or Territory under this Part:
135AR Jurisdiction of Federal Court of Australia
Jurisdiction is conferred on the Federal Court of Australia with respect to actions under this Part.
135AS Jurisdiction of Federal Magistrates Court
Jurisdiction is conferred on the Federal Magistrates Court with respect to actions under this Part.
Section 135ASA
135ASA Making unauthorised decoder
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
135ASB Selling or hiring unauthorised decoder
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
135ASC Offering unauthorised decoder for sale or hire
(1) A person commits an offence if:
(a) with the intention of obtaining a commercial advantage or profit, the person offers or exposes an unauthorised decoder for sale or hire; and Section 135ASD
(b) the unauthorised decoder will be used to enable a person to gain access to an encoded broadcast without the authorisation of the broadcaster.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
135ASD Commercially exhibiting unauthorised decoder in public
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Section 135ASE
135ASE Importing unauthorised decoder commercially
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
135ASF Distributing unauthorised decoder
(1) A person commits an offence if:
(a) the person distributes (including by exporting from Australia) an unauthorised decoder with the intention of:
(iii) engaging in any other activity that will prejudicially affect a channel provider or anyone with an interest in Section 135ASG
the copyright in either an encoded broadcast or the content of an encoded broadcast; and
(b) the unauthorised decoder will be used to enable a person to gain access to an encoded broadcast without the authorisation of the broadcaster.
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
135ASG Making unauthorised decoder available online
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
135ASH Making decoder available online for subscription broadcast
(1) A person commits an offence if:
Section 135ASI
(iii) a channel provider who supplies the broadcaster with a channel for a subscription broadcast.
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
135ASI Unauthorised access to subscription broadcast etc.
A person commits an offence if:
(iii) distributing the sounds or images within a single dwelling that is occupied by a single household and is the subject of an arrangement involving a member of the household and the broadcaster about authorisation of private access to the broadcast; and Section 135ASJ
(e) the access to the sounds or images is not gained from:
Note: The making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
Penalty: 60 penalty units.
135ASJ Causing unauthorised access to encoded broadcast etc.
(1) A person commits an offence if:
Note: Paragraph (e)—the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
(2) A person commits an offence if:
Note: Paragraph (e)—the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
Section 135ATA
(3) A person commits an offence if:
Note: Paragraph (e)—the making of such a film, recording or copy may be an infringement of copyright: see paragraphs 87(a) and (b) and section 101.
(4) An offence against subsection (1), (2) or (3) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
135ATA Courts in which offences may be prosecuted
(1) Prosecutions for offences against this Division may be brought in the Federal Court of Australia or in any other court of competent jurisdiction.
Section 135AU
Note: Section 4J of the Crimes Act 1914 lets a court of summary jurisdiction try indictable offences in certain circumstances and subject to limits on the penalties the court can impose.
135AU Destruction etc. of unauthorised decoders
Section 135A
135A Interpretation
In this Part:
administering body means a body administering an institution.
agreed notice means a remuneration notice specifying that the amount of equitable remuneration payable to the collecting society by the administering body giving the notice is to be assessed on the basis of an agreed system.
collecting society means the body that is, for the time being, declared to be the collecting society under section 135P.
institution means:
notice holder means the person who is, for the time being, appointed to be the notice holder under section 135T.
performance has the same meaning as in Part XIA.
performer has the same meaning as in Part XIA.
preview copy means a copy of a broadcast referred to in section 135F.
records notice means a remuneration notice specifying that the amount of equitable remuneration payable to the collecting society by the administering body giving the notice is to be assessed on the basis of a records system.
Part VA Copying and communication of broadcasts by educational and other institutions Division 1 Preliminary
Section 135B
relevant right holder means:
remuneration notice means a notice referred to in subsection 135G(1).
rules, in relation to the collecting society, means the provisions of the memorandum and articles of association of the society.
sampling notice means a remuneration notice specifying that the amount of equitable remuneration payable to the collecting society by the administering body giving the notice is to be assessed on the basis of a sampling system.
135B Copies and communications of broadcasts
In this Part:
135C Extended operation of this Part
135D Operation of collecting society rules
This Part applies to the collecting society despite anything in the rules of the society but nothing in this Part affects those rules so far as they can operate together with this Part.
Part VA Copying and communication of broadcasts by educational and other institutions Division 2 Copying and communication of broadcasts
Section 135E
135E Copying and communication of broadcasts by educational institutions etc.
(1) The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the making or communication, by or on behalf of an administering body, of a copy of the broadcast if:
(1A) For the purposes of Part XIA, each performer of a performance is taken to have authorised an administering body, or a person on behalf of an administering body, to make or communicate a copy of a broadcast of the performance if the following paragraphs are satisfied:
Section 135F
intellectual disability—the copy or communication is made solely for the purposes of use in the provision of assistance to persons with an intellectual disability by the institution or by another similar institution;
(d) the administering body complies with subsection 135K(1) or (3), or section 135KA, as the case requires, in relation to the copy or communication.
Note: The effect of this subsection is that no right of action and no offence occurs in respect of the copy or communication under Part XIA (performers’ protection).
(2) Where a copy, or communication of a copy, of a broadcast referred to in subsection (1) or (1A):
with the consent of the administering body by whom, or on whose behalf, it is made, subsection (1) or (1A) does not apply, and shall be taken never to have applied, to the making of the copy or communication.
135F Making and communication of preview copies
(1) The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the making of a preview copy of the broadcast.
(1A) For the purposes of Part XIA, each performer of a performance is taken to have authorised the making of a preview copy of a broadcast of the performance.
Note: The effect of this subsection is that no right of action and no offence occurs in respect of the preview copy under Part XIA (performers’ protection).
(2) A copy of a broadcast is a preview copy if:
Part VA Copying and communication of broadcasts by educational and other institutions Division 2 Copying and communication of broadcasts
Section 135F
(c) the copy is made and used solely for the purpose of enabling that body to decide whether or not the copy should be retained for the educational purposes of the institution administered by it, or for use in the provision of assistance to persons with an intellectual disability by the institution administered by it, as the case may be.
(a) the communication is made solely to enable an administering body to decide whether or not that copy should be retained:
Section 135G
(8) For the purposes of Part XIA, each performer in a performance is taken to have authorised a communication of a preview copy of a broadcast of the performance if:
Note: The effect of this subsection is that no right of action and no offence occurs in respect of the communication of the preview copy under Part XIA (performers’ protection).
135G Remuneration notices
Part VA Copying and communication of broadcasts by educational and other institutions Division 2 Copying and communication of broadcasts
Section 135H
135H Records notices
(1) If a records notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:
is such amount as is determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.
(1A) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for the making, by or on behalf of that body, of a copy of a broadcast and for the communication by, or on behalf of that body, of a copy of the broadcast.
prescribed period; then, when that period ends:
prescribed period means the period of 12 months, or if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (3), that other period.
135J Sampling notices
(1) If a sampling notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:
administering body while the notice is in force; is such annual amount as is determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.
(1A) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the
Part VA Copying and communication of broadcasts by educational and other institutions Division 2 Copying and communication of broadcasts
Section 135J
determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for copies of broadcasts made by, or on behalf of, that body and for communications by, or on behalf of, that body of such copies.
(1B) If:
prescribed period; then, when that period ends:
Section 135JAA
failing such agreement, by the Copyright Tribunal on application
made by either of them.
(4) For the purposes of subsection (1), different annual amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.
(4A) To avoid doubt, an annual amount (whether for one or more institutions administered by the administering body) may be determined for the purposes of subsection (1) by reference to amounts for copies and communications that differ on one or both of the following bases:
(5) Where:
sections 135E and 135F do not apply to any copy of a broadcast, or communication of a copy of a broadcast, made by, or on behalf of, the administering body during that period.
(6) In this section:
prescribed period means the period of 12 months, or if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (1B), that other period.
135JAA Determination of questions relating to this Division or the collecting society’s rules
(1) This section applies if:
(a) it is necessary or convenient to determine a question to facilitate future compliance by an administering body or the collecting society with this Division or the provisions of the
Part VA Copying and communication of broadcasts by educational and other institutions Division 2 Copying and communication of broadcasts
Section 135JA
collecting society’s rules described in paragraph 135P(3)(d); and
Note: An example of such a question might be whether there should be a particular sampling system to provide information to enable the collecting society to determine how to distribute amounts it collects.
135JA Agreed notice
(1) If an agreed notice is given by, or on behalf of an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:
administering body while the notice is in force; is an amount (whether an annual amount or otherwise) determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.
prescribed period; then, when that period ends:
Part VA Copying and communication of broadcasts by educational and other institutions Division 2 Copying and communication of broadcasts
Section 135K
sections 135E and 135F do not apply to any copy of a broadcast, or communication of a copy of a broadcast, made by, or on behalf of, the administering body during that period.
(8) In this section:
prescribed period means the period of 12 months or, if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (4), that other period.
135K Marking and record keeping requirements
If records notice is given
(2A) A matter that:
is to be determined by agreement between the administering body and the collecting society or, failing such agreement, the Copyright Tribunal on the application of either of them.
(2B) Sections 135E and 135F do not apply to a copy of a broadcast, or a communication of a copy of a broadcast, made by or on behalf of the administering body during a period in which:
If sampling notice is given
(3) Where a sampling notice is given by, or on behalf of, an administering body, the body shall mark, or cause to be marked, in accordance with the regulations, each copy in analog form of a broadcast made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept.
135KA Notice requirements in respect of communications
If a remuneration notice is given by, or on behalf of, an administering body to a collecting society in respect of communication of copies of broadcasts made by, or on behalf of, the body while the remuneration notice is in force, the body must, except in such circumstances (if any) as are prescribed:
(a) give a notice, in accordance with the regulations, in relation to each such communication made by it, or on its behalf, while the remuneration notice is in force, containing:
Part VA Copying and communication of broadcasts by educational and other institutions Division 2 Copying and communication of broadcasts
Section 135L
135L Inspection of records etc.
135M Revocation of remuneration notice
A remuneration notice may be revoked at any time by the relevant administering body by notice in writing given to the collecting society, and the revocation takes effect at the end of 3 months after the date of the notice or on such later day as is specified in the notice.
135N Request for payment of equitable remuneration
Part VA Copying and communication of broadcasts by educational and other institutions Division 3 The collecting society
Section 135P
135P Declaration of the collecting society
(1) A body may apply to the Minister to be declared as the collecting society.
(1A) After receiving the application, the Minister must do one of the following:
(1B) A declaration made under paragraph (1A)(a) is not a legislative instrument.
(1C) If the Minister refers the application to the Copyright Tribunal, the Tribunal may declare the body to be the collecting society.
Note: Section 153BAB sets out the procedure of the Copyright Tribunal in dealing with the reference.
Section 135Q
or their agents are protected adequately, including, in particular, provisions about:
(iii) the distribution of amounts collected by it; and
135Q Revocation of declaration
Note: Section 153BAC sets out the procedure of the Copyright Tribunal in dealing with the reference.
Part VA Copying and communication of broadcasts by educational and other institutions Division 3 The collecting society
Section 135R
135R Annual report and accounts
135S Amendment of rules
The collecting society shall, within 21 days after it alters its rules, send a copy of the rules as so altered to the Minister, together with a statement setting out the effect of the alteration and the reasons why it was made.
Section 135SA
135SA Applying to Tribunal for review of distribution arrangement
Part VA Copying and communication of broadcasts by educational and other institutions Division 4 Interim copying
Section 135T
135T Appointment of notice holder
The Attorney-General may, by notice in the Gazette, appoint a person to be the notice holder for the purposes of this Division.
135U Copying before declaration of collecting society
with the consent of the administering body by whom, or on whose behalf, it is made, subsection (1) does not apply, and shall be taken never to have applied, to the making of the copy.
135V Preview copies
Section 135F applies to the making of preview copies of broadcasts before the first collecting society is declared as if:
135W Notices by administering bodies
Part VA Copying and communication of broadcasts by educational and other institutions Division 4 Interim copying
Section 135X
135X Marking and record keeping requirements
135Y Effect of declaration of collecting society
Section 135Z
135Z Relevant right holder may authorise copying etc.
135ZA Copyright not to vest in copier
Despite any other provision of this Act, the making or communication of a copy of a broadcast by, or on behalf of, an administering body that is not an infringement of copyright under this Part, does not vest copyright in any work or other subject-matter in any person.
Part VB Reproducing and communicating works etc. by educational and other institutions Division 1 Preliminary
Section 135ZB
135ZB Interpretation
In this Part:
administering body means a body administering an institution.
collecting society means a body that is, for the time being, declared to be a collecting society under section 135ZZB.
electronic use notice means a remuneration notice specifying that the amount of remuneration payable in respect of licensed copies in electronic form, or licensed communications, made by, or on behalf of, the administering body giving the notice is to be assessed on the basis of an electronic use system.
eligible item has the meaning given by section 135ZC.
institution means:
licensed communication means a communication made by, or on behalf of, a body administering an institution in reliance on section 135ZMC, 135ZMD, 135ZP or 135ZS.
licensed copy means:
Section 135ZC
or version made by, or on behalf of, a body administering an institution assisting persons with a print disability in reliance on section 135ZP; or
(c) a copy of the whole or a part of an eligible item, being a copy made by, or on behalf of, a body administering an institution assisting persons with an intellectual disability in reliance on section 135ZS.
records notice means a remuneration notice specifying that the amount of equitable remuneration payable in respect of licensed copies made in hardcopy form or analog form by, or on behalf of, the administering body giving the notice is to be assessed on the basis of a records system.
relevant collecting society, in relation to a remuneration notice, means the collecting society for the owners of the copyright in works, or other subject-matter, of the same kind as that to which the remuneration notice relates.
relevant copyright owner means the owner of the copyright in a work or an eligible item other than a work, but does not include a new owner of the copyright in a sound recording of a live performance within the meaning of Subdivision B of Division 5 of Part IV.
remuneration notice means a notice referred to in subsection 135ZU(1).
rules, in relation to a collecting society, means the provisions of the memorandum and articles of association of the society.
sampling notice means a remuneration notice specifying that the amount of equitable remuneration payable in respect of licensed copies made in hardcopy form or analog form by, or on behalf of, the administering body giving the notice is to be assessed on the basis of a sampling system.
135ZC Eligible items and photographic versions
In this Part:
(a) a reference to an eligible item is a reference to:
Part VB Reproducing and communicating works etc. by educational and other institutions Division 1 Preliminary
Section 135ZE
(iii) a work referred to in subparagraph (i) that is included in a sound broadcast;
135ZE Part does not apply to computer programs
Nothing in this Part applies in relation to a literary work, being a computer program or a compilation of computer programs.
135ZF Operation of collecting society rules
This Part applies to a collecting society despite anything in the rules of the society but nothing in this Part affects those rules so far as they can operate together with this Part.
135ZFA Licensed communications
For the purposes of this Part, a reference to a licensed communication of a work, or part of a work, or other subject-matter includes a reference to a licensed communication of a licensed copy of the work or other subject-matter.
Section 135ZGA
135ZGA Application of Division
135ZG Multiple reproduction of insubstantial parts of works that are in hardcopy form
(a) there are more than 200 pages in the edition; and
Section 135ZH
(b) the total number of pages so reproduced does not exceed 1% of the total number of pages in the edition.
(4) Where:
14 days after the day on which the previous reproduction was made.
(5) In this section, a reference to an edition of a work includes a reference to an edition of works that include that work.
135ZH Copying of printed published editions by educational institutions
The copyright in a printed published edition of a work (being a work in which copyright does not subsist) is not infringed by the making of one or more facsimile copies of the whole or a part of the edition, if the copy, or each of the copies, is made in the course of the making of a reproduction of the whole or a part of the work by, or on behalf of, a body administering an educational institution for the educational purposes of that institution or of another educational institution.
135ZJ Multiple reproduction of printed periodical articles by educational institutions
135ZK Multiple reproduction of works published in printed anthologies
The copyright in a literary or dramatic work, being a work contained in a printed published anthology of works and comprising not more than 15 pages in that anthology, is not infringed by the making of one or more reproductions of the whole or part of the work by, or on behalf of, a body administering an educational institution if:
135ZL Multiple reproduction of works that are in hardcopy form by educational institutions
(1) Subject to this section, the copyright in a literary, dramatic, musical or artistic work (other than an article contained in a periodical publication) is not infringed by the making of one or more reproductions of the whole or a part of the work by, or on behalf of, a body administering an educational institution if:
Section 135ZM
(c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each reproduction.
(2) This section does not apply in relation to reproductions of the whole, or of more than a reasonable portion, of a work that has been separately published unless the person who makes the reproductions, or causes the reproductions to be made, for, or on behalf of, the body is satisfied, after reasonable investigation, that reproductions (other than second-hand reproductions) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
135ZM Application of Division to certain illustrations that are in hardcopy form
the following paragraphs apply:
Section 135ZMA
135ZMA Application of Division
135ZMB Multiple reproduction and communication of insubstantial parts of works that are in electronic form
Exception from infringement
(1) Subject to this section, copyright in a published literary or dramatic work is not infringed by:
of an educational institution for the purposes of a course of study provided by it.
No exception for more than 2 pages or 1% of the number of pages
(1A) Subsection (1) does not apply to the reproduction or communication if all the following circumstances exist:
No exception for more than 1% of words if work is not paginated
(2) Subsection (1) does not apply to the reproduction or communication if both the following circumstances exist:
No exception for dealing with another part within 14 days
(3) If:
the communication; that subsection does not apply to the making by, or on behalf of, that person of a reproduction or to the communication by that person, of any other part of that work within 14 days after the day on which the previous reproduction or the first communication of the work was made.
No exception for putting another part online at same time
(4) If:
that person of any other part of that work while the part previously made available online continues to be so available.
Non-continuous passages are different parts
Section 135ZMC
135ZMC Multiple reproduction and communication of periodical articles that are in electronic form by education institutions
(1) Subject to this section, the copyright in an article contained in a periodical publication is not infringed by:
by, or on behalf of, a body administering an educational institution if:
(2) This section does not apply in relation to the reproduction or communication of, or of parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.
135ZMD Multiple reproduction and communication of works that are in electronic form by educational institutions
(1) Subject to this section, the copyright in a literary, dramatic, musical or artistic work (other than an article contained in a periodical publication) is not infringed by:
by, or on behalf of, a body administering an educational institution if:
(c) a remuneration notice given by, or on behalf of, the body to the relevant collecting society is in force; and
Section 135ZMDA
(2) This section does not apply in relation to the reproduction or communication of:
the work is not available in electronic form within a reasonable time at an ordinary commercial price.
(3) If:
on behalf of, that body of any other part of that work while the part previously made available online continues to be so available.
135ZMDA Reproduction and communication of works from electronic anthologies by educational institutions
Reproduction or communication of all or part of a literary or dramatic work does not infringe copyright in the work if:
Section 135ZME
135ZME Application of Division to certain illustrations in electronic form
(a) remuneration is paid under this Part in respect of:
Section 135ZME
the amount of the remuneration must be divided among the owner or owners of the copyright in the artistic work or artistic works and the owner or owners of the copyright in the article or other literary, dramatic or musical work or works.
(3) The division of an amount of remuneration under subsection (2) is to be carried out as agreed between the relevant copyright owners or, failing such agreement, as determined by the Copyright Tribunal on application made by any of them.
Section 135ZN
135ZN Copying published editions by institutions assisting persons with a print disability
The copyright in a published edition of a work (being a work in which copyright does not subsist) is not infringed by the making of one or more facsimile copies of the whole or a part of the edition if the copy, or each of the copies, is made in the course of the making of a reproduction of the whole or a part of the work by, or on behalf of, a body administering an institution assisting persons with a print disability for use in the provision, whether by the institution or otherwise, of assistance to such persons.
135ZP Multiple reproduction and communication of works by institutions assisting persons with a print disability
Section 135ZP
photographic versions or electronic versions of the work or of a part of the work if:
Section 135ZQ
work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.
(6) Where a photographic version of a work has been separately published, subsection (2) does not apply to the making of a photographic version of the work, or of a part of the work, unless the person who makes the version, or causes the version to be made, for, or on behalf of, a body administering an institution assisting persons with a print disability is satisfied, after reasonable investigation, that no new copy of a photographic version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.
(6A) Subsection (2) does not apply to the making or communication of an electronic version of the work, or of a part of the work, unless the person who makes or communicates the version, or causes the version to be made, or communicated, for, or on behalf of, a body administering an institution assisting persons with a print disability is satisfied, after reasonable investigation, that an electronic version of the work, being a version that has been separately published, is not available within a reasonable time at an ordinary commercial price.
(7) For the purposes of this section, a record or a version shall be taken to be a new record or version if it is not second-hand.
135ZQ Making of relevant reproductions and relevant communications by institutions assisting persons with a print disability
subsection (1) does not apply, and is taken to never have applied, to the making of the relevant reproduction or relevant communication.
(4A) Subsection (1) is to be taken never to have applied to the making of a relevant reproduction or relevant communication of a work, or of a part of a work, if, within 3 months after the relevant reproduction or relevant communication was made, the body by whom, or on whose behalf, the relevant reproduction or relevant communication was made has not given to a collecting society (if any) a notice of the making of the relevant reproduction or relevant communication.
(4B) The notice referred to in subsection (4A) must be in writing and must specify:
Section 135ZQ
(c) the date on which the reproduction or communication was made.
(4C) The copyright in a published literary or dramatic work is infringed by a person who does any of the acts specified in section 38 in relation to a relevant reproduction of a work, or of a part of a work, if the person knows, or ought reasonably to have known, that the reproduction was made solely for use in the making by, or on behalf of, a body administering an institution assisting persons with a print disability of a copy of the work, or of a part of the work, as the case may be, for a person with a print disability.
(5) In this section:
relevant communication, in relation to a work or part of a work,
means:
relevant reproduction, in relation to a work or part of a work,
means:
Section 135ZR
135ZR Copying of published editions by institutions assisting persons with an intellectual disability
The copyright in a published edition of a work (being a work in which copyright does not subsist) is not infringed by the making of one or more facsimile copies of the whole or a part of the edition in the course of making one or more reproductions of the whole or a part of the work by, or on behalf of, a body administering an institution assisting persons with an intellectual disability for use in the provision, whether by the institution or otherwise, of assistance to such persons.
135ZS Copying and communication of eligible items by institutions assisting persons with an intellectual disability
(1) The copyright in an eligible item, or in any work or other subject-matter included in an eligible item, is not infringed by the making or communication by, or on behalf of, a body administering an institution assisting persons with an intellectual disability of a copy of the whole or a part of the eligible item if:
Section 135ZT
(2) Subsection (1) does not apply to the making or communication of a copy of the whole or a part of:
causes the copy or communication to be made, is satisfied after reasonable investigation that:
(3) For the purposes of this section, a copy shall be taken to be new if it is not second-hand.
135ZT Making of copies etc. for use in making copies or communications for a person with an intellectual disability
subsection (1) does not apply, and shall be taken never to have applied, to the making of the copy or communication.
Part VB Reproducing and communicating works etc. by educational and other institutions Division 5 Equitable remuneration
Section 135ZU
135ZU Remuneration notices
(2A) An administering body may give either a records notice or a sampling notice in respect of licensed copies made in hardcopy form or analog form, but may only give an electronic use notice in respect of licensed copies made in electronic form, or in respect of licensed communications.
(3) A remuneration notice comes into force on the day on which it is given to the collecting society, or on such later day as is specified in the notice, and remains in force until it is revoked.
135ZV Records notices
(1) Where a records notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the relevant collecting society by the administering body for each licensed copy made by it, or on its behalf, while the notice is in force is such amount as is determined by agreement between the administering body and that collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.
(1A) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable
Section 135ZW
remuneration payable to the collecting society by the administering body for each licensed copy made by or on behalf of that body.
(2) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to:
135ZW Sampling notices
(1) Where a sampling notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the relevant collecting society by the administering body for licensed copies made by it, or on its behalf, while the notice is in force is such annual amount as is determined by agreement between the administering body and that collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.
(1A) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for licensed copies made by or on behalf of that body.
Part VB Reproducing and communicating works etc. by educational and other institutions Division 5 Equitable remuneration
Section 135ZWAA
(4) For the purposes of subsection (1), different annual amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.
(4A) To avoid doubt, an annual amount (whether for one or more institutions administered by the administering body) may be determined for the purposes of subsection (1) by reference to amounts for licensed copies that differ on one or both of the following bases:
(5) Where:
sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZP and 135ZS do not apply to any reproduction or copy of a work or other subject-matter made during that period by, or on behalf of, the administering body, being a reproduction or copy to which the sampling notice applies.
135ZWAA Determination of questions relating to this Part or a collecting society’s rules
(1) This section applies if:
Note: An example of such a matter might be a sampling system to provide information to enable a collecting society to determine how to distribute amounts it collects.
135ZWA Electronic use notices
(2A) If:
Part VB Reproducing and communicating works etc. by educational and other institutions Division 5 Equitable remuneration
Section 135ZWA
(c) the reproduction remains so available online for longer than
the prescribed period; then, when that period ends:
(2B) An electronic use system (whether determined by agreement or by the Copyright Tribunal) must require the assessment of an amount of equitable remuneration by a method or process that takes account of reproductions and communications to which paragraphs (2A)(d) and (e) apply.
(2C) Subject to subsection (2B) but without limiting subsection (2), an electronic use system (whether determined by agreement or by the Copyright Tribunal) may be based upon a records system, a sampling system or any other process or system.
(2D) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.
(3) If:
sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZP and 135ZS do not apply to any reproduction, copy or communication of a work or other subject-matter made during that period by, or on behalf of, the administering body, being a reproduction, copy or communication to which the electronic use notice applies.
(4) In this section:
prescribed period means the period of 12 months, or if another is agreed between the relevant administering body and collecting society for the purposes of subsection (2A), that other period.
Section 135ZX
135ZX Records notices and sampling notices: marking and record-keeping requirements
If records notice is given
(2A) A matter that:
is to be determined by agreement between the administering body and the collecting society or, failing such agreement, the Copyright Tribunal on the application of either of them.
Part VB Reproducing and communicating works etc. by educational and other institutions Division 5 Equitable remuneration
Section 135ZXA
(2B) Sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZMDA, 135ZP and 135ZS do not apply to a reproduction or copy of a work or other subject-matter made in hardcopy form or analog form by or on behalf of the administering body during a period in which:
If sampling notice is given
(3) If a sampling notice is given by, or on behalf of, an administering body to a collecting society in respect of licensed copies made in hardcopy form or analog form, the administering body must mark, or cause to be marked, in accordance with the regulations, each such licensed copy made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept.
Regulations relevant to records notices and sampling notices
(4) Regulations made for the purposes of paragraph (1)(a) or (b) or subsection (3) may prescribe different marks or particulars, and impose different requirements, in relation to different kinds of licensed copies or different kinds of works or eligible items.
135ZXA Electronic use notices: notice requirements etc.
If an electronic use notice is given by, or on behalf of, an administering body to a collecting society, in respect of licensed copies made in electronic form or licensed communications, the administering body must:
(a) give a notice, in accordance with the regulations, in relation to each such copy or communication made by it, or on its behalf, while the electronic use notice is in force, containing:
Section 135ZY
135ZY Inspection of records etc.
Part VB Reproducing and communicating works etc. by educational and other institutions Division 5 Equitable remuneration
Section 135ZZ
conferred by that subsection is provided with all reasonable and necessary facilities and assistance for the effective exercise of those powers.
(4) An administering body that contravenes subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding 5 penalty units.
135ZZ Revocation of remuneration notice
A remuneration notice may be revoked at any time by the relevant administering body by notice in writing given to the relevant collecting society and the revocation takes effect at the end of 3 months after the date of the notice or on such later day as is specified in the notice.
135ZZA Request for payment of equitable remuneration
Section 135ZZB
135ZZB Collecting societies
(1) A body may apply to the Minister to be declared as a collecting society for all relevant copyright owners or for specified classes of relevant copyright owners.
(1A) After receiving the application, the Minister must do one of the following:
(1B) A declaration made under paragraph (1A)(a) is not a legislative instrument.
(1C) If the Minister refers the application to the Copyright Tribunal, the Tribunal may declare the body to be a collecting society.
Note: Section 153DC sets out the procedure of the Copyright Tribunal in dealing with the reference.
(1D) A declaration of the body as a collecting society must declare the body to be:
(2) If a body is declared to be the collecting society for a specified class of copyright owners and another body is subsequently declared to be the collecting society for that class of copyright owners:
Part VB Reproducing and communicating works etc. by educational and other institutions Division 6 Collecting societies
Section 135ZZB
licensed copies of works or other subject-matter the copyright owners of which are included in that class of copyright owners.
Section 135ZZC
135ZZC Revocation of declaration
Note: Section 153DD sets out the procedure of the Copyright Tribunal in dealing with the reference.
135ZZD Annual report and accounts
Part VB Reproducing and communicating works etc. by educational and other institutions Division 6 Collecting societies
Section 135ZZE
135ZZE Amendment of rules
A collecting society shall, within 21 days after it alters its rules, send a copy of the rules as so altered to the Minister, together with a statement setting out the effect of the alteration and the reasons why it was made.
135ZZEA Applying to Tribunal for review of distribution arrangement
Section 135ZZF
135ZZF Rights of copyright owners
135ZZG Copyright not to vest in copier
Despite any other provision of this Act, copyright does not vest in the maker of a copy or communication of the whole or part of a work for a person with a print disability, or of a copy or communication of the whole or part of an eligible item for a person with an intellectual disability, merely because of the making of the copy or communication.
135ZZH Unauthorised use of copies
(1) Where a copy, record or version of a work, a sound recording or a cinematograph film, being a copy, record or version referred to in a prescribed provision of this Part:
Part VB Reproducing and communicating works etc. by educational and other institutions Division 7 Miscellaneous
Section 135ZZH
with the consent of the administering body by whom, or on whose behalf, it is made or communicated, the prescribed provision does not apply, and is taken never to have applied, to the making or communication of the copy, record or version.
(2) For the purposes of this section, subsection 135ZG(1), subsection 135ZJ(1), section 135ZK and subsections 135ZL(1), 135ZMB(1), 135ZMC(1), 135ZMD(1), 135ZP(1) and (2) and 135ZS(1) are prescribed provisions.
Section 135ZZI
135ZZI Definitions
In this Part:
collecting society means a body that is, for the time being, declared to be a collecting society under section 135ZZT.
delayed retransmission, in relation to a free-to-air broadcast, means a retransmission of the broadcast in an area that has, wholly or partly, different local time to the area of the original transmission and that is delayed until no later than the equivalent local time.
notice holder means the person who is, for the time being, appointed to be the notice holder under section 135ZZX.
relevant collecting society, in relation to a remuneration notice, means a collecting society for owners of copyright in the same kind of work or other subject-matter as that to which the remuneration notice relates.
relevant copyright owner means the owner of the copyright in a work, a sound recording or a cinematograph film, but does not include a new owner of the copyright in a sound recording of a live performance within the meaning of Subdivision B of Division 5 of Part IV.
remuneration notice means a notice referred to in section 135ZZL.
retransmitter means a person who makes a retransmission of a free-to-air broadcast.
rules, in relation to a collecting society, means the provisions of the memorandum and articles of association of the society.
Section 135ZZJ
135ZZJ Operation of collecting society rules
This Part applies to a collecting society despite anything in the rules of the society, but nothing in this Part affects those rules so far as they can operate together with this Part.
135ZZJA Application of Part
Note: For re-broadcasts by satellite BSA licensees, see Part VD.
Section 135ZZK
135ZZK Retransmission of free-to-air broadcasts
135ZZL Remuneration notices
(1) A retransmitter may, by notice in writing given to the relevant collecting society by, or on behalf of, the retransmitter, undertake to pay equitable remuneration to the society for retransmissions of free-to-air broadcasts by specified broadcasters, being retransmissions made by, or on behalf of, the retransmitter while the notice is in force.
Section 135ZZM
135ZZM Amount of equitable remuneration
135ZZN Record system
135ZZP Inspection of records etc.
Section 135ZZQ
(4) A retransmitter who contravenes subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding 10 penalty units.
Note: A corporation may be fined up to 5 times the amount of the maximum fine. See subsection 4B(3) of the Crimes Act 1914.
135ZZQ Identity cards
135ZZR Revocation of remuneration notice
A remuneration notice may be revoked at any time by the relevant retransmitter by notice in writing given to the collecting society to which the remuneration notice was given, and the revocation takes effect at the end of 3 months after the date of the notice, or on such later day as is specified in it.
Section 135ZZS
135ZZS Request for payment of equitable remuneration
Section 135ZZT
135ZZT Collecting societies
(1) A body may apply to the Minister to be declared as a collecting society for all relevant copyright owners or for specified classes of relevant copyright owners.
(1A) After receiving the application, the Minister must do one of the following:
(1B) A declaration made under paragraph (1A)(a) is not a legislative instrument.
(1C) If the Minister refers the application to the Copyright Tribunal, the Tribunal may declare the body to be a collecting society.
Note: Section 153P sets out the procedure of the Copyright Tribunal in dealing with the reference.
(1D) A declaration of the body as a collecting society must declare the body to be:
(2) If a body is declared to be the collecting society for a specified class of copyright owners and another body is subsequently declared to be the collecting society for that class of copyright owners:
Section 135ZZT
relevant copyright owners included in that class of copyright owners.
Section 135ZZU
135ZZU Revocation of declaration
Note: Section 153Q sets out the procedure of the Copyright Tribunal in dealing with the reference.
135ZZV Annual report and accounts
135ZZW Amendment of rules
A collecting society must, within 21 days after it alters its rules, send a copy of the rules as so altered to the Minister, together with a statement setting out the effect of the alteration and the reasons why it was made.
135ZZWA Applying to Tribunal for review of distribution arrangement
Section 135ZZX
135ZZX Appointment of notice holder
The Attorney-General may, by notice in the Gazette, appoint a person to be the notice holder for the purposes of this Division.
135ZZY Retransmitting before declaration of collecting society
The copyright in any work, sound recording or cinematograph film included in a retransmission of a free-to-air broadcast is not infringed by the making of the retransmission if:
135ZZZ Notices by retransmitters
Section 135ZZZA
135ZZZA Record keeping requirements
If a retransmitter gives a notice to the notice holder under section 135ZZZ, sections 135ZZM and 135ZZN apply as if:
135ZZZB Effect of declaration of collecting society
(1) If:
before the day on which the declaration came into force; then, on and after that day, the notice ceases to have effect as such a notice, but is taken, for the purposes of this Part, to be a remuneration notice that:
(2) If:
the declaration came into force; then, on and after that day:
(c) the notice ceases to have effect as such a notice in relation to the relevant copyright owners in the class or classes of copyright owners for whom a collecting society is declared, but is taken, for the purposes of this Part, to be a remuneration notice that:
(i) was given by the relevant retransmitter to the collecting society or to each of the collecting societies, as the case may be; and Section 135ZZZB
(ii) came into force on the same day as the notice came into force; and
(d) the notice continues to have effect as such a notice in relation to all other relevant copyright owners.
(3) When a notice is, under this section, taken to be a remuneration notice, the relevant retransmitter must cause copies of all records made under section 135ZZN on or after the day on which the notice is taken to have come into force to be sent to the relevant collecting society within 21 days after the declaration of the collecting society.
Section 135ZZZC
135ZZZC Relevant copyright owner may authorise retransmitting
Nothing in this Part affects the right of the owner of the copyright in a work, sound recording or cinematograph film included in a free-to-air broadcast to grant a licence authorising a retransmitter to make, or cause to be made, a retransmission of the free-to-air broadcast without infringing that copyright.
135ZZZD Copyright not to vest under this Part
Despite any other provision of this Act, the retransmission of a free-to-air broadcast by, or on behalf of, a retransmitter that is not an infringement of copyright under this Part, does not vest copyright in any work or other subject-matter in any person.
135ZZZE Licence to retransmit does not authorise copyright infringements
The owner of the copyright in a free-to-air broadcast is not taken, for the purpose of this Act, to have authorised the infringement of copyright in any work, sound recording or cinematograph film included in the broadcast merely because the owner licences the retransmission of the broadcast.
Section 135ZZZF
135ZZZF Definitions
In this Part:
collecting society means a body that is, for the time being, declared to be a collecting society under section 135ZZZO. commercial television broadcasting licence has the same meaning
as in the Broadcasting Services Act 1992. eligible program has the meaning given by section 135ZZZG. engage in conduct means:
notice holder means the person who is, for the time being, appointed to be the notice holder under section 135ZZZT.
original broadcaster has the meaning given by section 135ZZZG.
relevant collecting society, in relation to a remuneration notice, means a collecting society for owners of copyright in the same kind of work or other subject-matter as that to which the remuneration notice relates.
relevant copyright owner means the owner of the copyright in a work, a sound recording or a cinematograph film, but does not include a new owner of the copyright in a sound recording of a live performance within the meaning of Subdivision B of Division 5 of Part IV.
remuneration notice means a notice referred to in section 135ZZZJ.
rules, in relation to a collecting society, means the provisions of the memorandum and articles of association of the society.
Section 135ZZZG
135ZZZG Eligible program and original broadcaster
(2) For the purposes of this Part, if the following conditions are satisfied in relation to a program:
BSA licensee under section 43AA of that Act; then:
(3) For the purposes of this Part, if the following conditions are satisfied in relation to a program:
then:
135ZZZH Operation of collecting society rules
This Part applies to a collecting society despite anything in the rules of the society, but nothing in this Part affects those rules so far as they can operate together with this Part.
Section 135ZZZI
135ZZZI Re-broadcasts by satellite BSA licensees
Copyright in a work, sound recording or cinematograph film included in an eligible program
(1) The copyright in a work, sound recording or cinematograph film included in a broadcast of an eligible program is not infringed by the re-broadcast of the eligible program if:
Copyright in a broadcast of an eligible program
(2) The copyright in a broadcast of an eligible program is not infringed by the re-broadcast of the eligible program if:
(i) there is an agreement in force between the satellite BSA licensee and the owner of the copyright in the broadcast Section 135ZZZI
of the eligible program as to the amount payable by the satellite BSA licensee to the owner of the copyright for the re-broadcast of eligible programs during a particular period;
(ii) if there is no agreement—there is in force a determination of the Copyright Tribunal under section 153RA of the amount payable by the satellite BSA licensee to the owner of the copyright in the broadcast of the eligible program for the re-broadcast of eligible programs during a particular period;
(iii) if there is no agreement or determination—the satellite BSA licensee has given the owner of the copyright in the broadcast of the eligible program a written undertaking to pay to the owner of the copyright such amount as is determined by the Copyright Tribunal under section 153RA for the re-broadcast of eligible programs during a particular period; and
(e) the eligible program is re-broadcast by the satellite BSA licensee during the period mentioned in whichever of subparagraphs (d)(i), (ii) or (iii) applies.
Making a copy for the purpose of a re-broadcast
(a) a copy of an eligible program is made for a purpose referred to in subsection (3) or (4); and Section 135ZZZJ
of that period; subsection (3) or (4), as the case requires, does not apply, and is taken never to have applied, in relation to the making of the copy.
(5A) If:
subsection (3) or (4), as the case requires, does not apply, and is taken never to have applied, in relation to the making of the copy.
(6) In this section, a reference to the making of a copy of an eligible program is a reference to making a cinematograph film or sound recording of the broadcast of the eligible program, or a copy of such a film or sound recording.
135ZZZJ Remuneration notices
Section 135ZZZK
135ZZZK Amount of equitable remuneration
collecting society by the satellite BSA licensee for re-broadcasts of eligible programs by the satellite BSA licensee.
(3) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different classes of:
135ZZZL Record system
(a) for a record to be kept of the title of each eligible program that is:
Section 135ZZZM
(b) for the collecting society to have access to such a record.
135ZZZM Revocation of remuneration notice
135ZZZN Request for payment of equitable remuneration
Section 135ZZZO
135ZZZO Collecting societies
Note: Section 153U sets out the procedure of the Copyright Tribunal in dealing with the reference.
society for that class of copyright owners: then:
Section 135ZZZO
Section 135ZZZP
unless satisfied that to do so would be in the interests of those copyright owners, having regard to:
135ZZZP Revocation of declaration
Note: Section 153V sets out the procedure of the Copyright Tribunal in dealing with the reference.
135ZZZQ Annual report and accounts
Section 135ZZZR
135ZZZR Amendment of rules
A collecting society must, within 21 days after it alters its rules, send a copy of the rules as so altered to the Minister, together with a statement setting out:
Section 135ZZZS
135ZZZS Applying to Tribunal for review of distribution arrangement
Section 135ZZZT
135ZZZT Appointment of notice holder
The Minister may, by notice published in the Gazette, appoint a person to be the notice holder for the purposes of this Division.
135ZZZU Re-broadcast before declaration of collecting society
The copyright in a work, sound recording or cinematograph film included in a broadcast of an eligible program is not infringed by the re-broadcast of the eligible program if:
135ZZZV Notices by satellite BSA licensees
Section 135ZZZW
135ZZZW Record keeping requirements
If a satellite BSA licensee gives a notice to the notice holder under section 135ZZZV, sections 135ZZZK and 135ZZZL apply as if:
135ZZZX Effect of declaration of collecting society
(1) If:
before the day on which the declaration came into force; then, on and after that day, the notice ceases to have effect as such a notice, but is taken, for the purposes of this Part, to be a remuneration notice that:
(2) If:
(a) one or more collecting societies are declared for one or more, but not for all, classes of relevant copyright owners; and Section 135ZZZX
(b) a notice was in force immediately before the day on which
the declaration came into force; then, on and after that day:
(3) When a notice is, under this section, taken to be a remuneration notice, the relevant satellite BSA licensee must cause copies of all records made under section 135ZZZL on or after the day on which the notice is taken to have come into force to be sent to the relevant collecting society within 21 days after the declaration of the collecting society.
Section 135ZZZY
135ZZZY Relevant copyright owner may authorise re-broadcast
135ZZZZ Copyright not to vest under this Part
Despite any other provision of this Act, the re-broadcast of an eligible program that is not an infringement of copyright under this Part does not vest copyright in any work or other subject-matter in any person.
135ZZZZA Licence to re-broadcast does not authorise copyright infringements
The owner of the copyright in a broadcast of an eligible program is not taken, for the purposes of this Act, to have authorised the infringement of copyright in any work, sound recording or cinematograph film included in the broadcast of the eligible program merely because the owner licenses the re-broadcast of the eligible program.
Section 136
136 Interpretation
(1) In this Part, unless the contrary intention appears:
Deputy President means a Deputy President of the Tribunal.
Judge means:
licence means a licence granted by or on behalf of the owner or prospective owner of the copyright in a work or other subject-matter to do an act comprised in the copyright.
licence scheme means a scheme (including anything in the nature of a scheme, whether called a scheme or tariff or called by any other name) formulated by a licensor or licensors and setting out the classes of cases in which the licensor or each of the licensors is willing, or the persons on whose behalf the licensor or each of the licensors acts are willing, to grant licences and the charges (if any) subject to payment of which, and the conditions subject to which, licences would be granted in those classes of cases.
licensor means a body corporate for which both the following conditions are met:
Section 136
(iii) provides that the main business of the body is granting licences; and
member means a member of the Tribunal, and includes the President and a Deputy President.
order includes an interim order.
organization means an organization or association of persons whether corporate or unincorporate.
the President means the President of the Tribunal.
Section 137
137 Cases to which licence schemes apply
exception; that case shall be deemed not to be a case to which the scheme applies.
Section 138
138 Constitution of Tribunal
The Copyright Tribunal established by the section for which this section was substituted by section 138 of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 continues in existence as the Copyright Tribunal of Australia but shall consist of a President, and such number of Deputy Presidents and other members as are appointed in accordance with this Division.
139 Appointment of members of Tribunal
A member of the Tribunal shall be appointed by the
Governor-General.
140 Qualifications of members
(1) A person shall not be appointed as the President unless he or she is a Judge of the Federal Court of Australia.
(1A) A person is not to be appointed as a Deputy President unless he or she is, or has been, a Judge of a federal court or of the Supreme Court of a State or Territory.
(2) A person shall not be appointed as a member (other than the President or a Deputy President) unless:
Section 141
141 Tenure of office
141A Seniority of Deputy Presidents
142 Acting President
The Governor-General may appoint the senior Deputy President available to act in the office of President:
Section 143
143 Remuneration and allowances
144 Oath or affirmation of office
144A Disclosure of interests by members
Section 144B
(3) In this section:
144B Removal from office for failure to disclose interest
Where the Governor-General is satisfied that a member (other than a member who is a Judge) has failed, without reasonable excuse, to make a disclosure that he or she is, under subsection 144A(1), required to make, the Governor-General shall remove that member from office.
145 Resignation
A member may resign the office of member by giving a signed notice of resignation to the Governor-General.
146 Sittings of the Tribunal
Section 147
(3A) Nothing in subsection (3) prevents a single member from exercising the powers of the Tribunal in relation to matters of procedure.
147 President to arrange business of Tribunal
The President may give directions as to the arrangement of the business of the Tribunal and, subject to subsection 146(2) or (3), as to the constitution of the Tribunal for the purposes of particular proceedings.
Section 148
148 Interpretation
In this Division:
copyright material, government and government copy have the same meanings as in Division 2 of Part VII.
149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work
149A Applications to Tribunal under section 47A
150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording
151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording
(1) This section applies where an application is made to the Tribunal in pursuance of subsection 108(1) for the determination of an equitable remuneration to be paid to the owner of the copyright in a sound recording for the causing of the recording to be heard in public.
Section 152
152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings
(1) In this section, unless the contrary intention appears:
Australia does not include the external Territories.
broadcaster means:
broadcasting does not include broadcasting by a transmission for a fee payable to the person who made the broadcast.
(1A) For the purposes of the application of this section in relation to a period before the commencement of this subsection, this section has effect as if any act or thing done during that period by the Australian Broadcasting Commission had been done by the Australian Broadcasting Corporation and any earnings of the Australian Broadcasting Commission during that period were earnings of the Australian Broadcasting Corporation.
(1B) In its application in relation to a period before the commencement of this subsection, this section has effect as if any act or thing done during that period by the Special Broadcasting Service had been Section 152
done by the Special Broadcasting Service Corporation and any earnings of the Special Broadcasting Service during that period were earnings of the Special Broadcasting Service Corporation.
(a) determining, or making provision for determining, the amount payable by the broadcaster to the owners of copyrights in published sound recordings in respect of the broadcasting, during the period to which the order applies, by the broadcaster of those recordings; Section 152
Authority under that Act to broadcast radio programs; to pay, in respect of the broadcasting of published sound recordings during the period covered by the order, an amount exceeding 1% of the amount determined by the Tribunal to be the gross earnings of the broadcaster during the period equal to the period covered by the order that ended on the last 30 June that occurred before the period covered by the order.
(9) If a broadcaster that is:
Authority under that Act to broadcast radio programs; has, with the permission of that Authority, adopted an accounting period ending on a day other than 30 June, the reference in Section 152
subsection (8) to 30 June is, in relation to that broadcaster, a reference to that other day.
Section 152
Section 152A
the Tribunal may so treat the amount or the part of the amount, as the case may be.
152A Applications to Tribunal for determination of amount of royalty payable for recording musical works
152B Applications to Tribunal for determination of manner of paying royalty
Section 153
Tribunal is satisfied that the organisation or person has a substantial interest in the application.
(6) Where an application is made under subsection (2), the Tribunal shall consider the application and, after giving the parties an opportunity of presenting their cases, make an order determining the manner in which amounts of royalty payable by the manufacturer of the record of the musical work to the owner of the copyright in the work are to be paid.
153 Applications to Tribunal for apportionment of royalty in respect of a record
153A Applications to Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1)
(1) The parties to an application to the Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1) for the determination of the amount of equitable remuneration payable to the collecting society by an administering body for the making or Section 153B
communication, by or on behalf of that body, of a copy of a broadcast are the society and the body.
153B Applications to Tribunal under subsection 135J(3)
Section 153BAAA
153BAAA Application to the Tribunal under subsection 135JAA(2)
administering body has the same meaning as in Part VA.
collecting society has the same meaning as in Part VA.
153BA Application to the Tribunal under subsection 135JA(3)
administering body and collecting society have the same meanings as in Part VA.
153BAA Application to the Tribunal under subsection 135K(2A)
administering body has the same meaning as in Part VA.
collecting society has the same meaning as in Part VA.
153BAB References relating to declaration of collecting society
Section 153BAC
153BAC References relating to revocation of declaration of collecting society
153BAD Review of collecting society’s distribution arrangement
collecting society has the same meaning as in Part VA.
153BB Application to the Tribunal under subsection 135ZME(3)
Section 153C
153C Applications to the Tribunal under section 135ZV or subsection 135ZW(1) or 135ZWA(1)
administering body, collecting society, licensed communication and licensed copy have the same meanings as in Part VB.
153D Applications to Tribunal under subsection 135ZW(3)
Section 153DAA
153DAA Application to the Tribunal under subsection 135ZWAA(2)
administering body has the same meaning as in Part VB.
collecting society has the same meaning as in Part VB.
153DA Applications to the Tribunal under subsection 135ZWA(2)
administering body, collecting society, licensed communication and licensed copy have the same meanings as in Part VB.
Section 153DB
153DB Application to the Tribunal under subsection 135ZX(2A)
administering body has the same meaning as in Part VB.
relevant collecting society has the same meaning as in Part VB.
153DC References relating to declaration of collecting society
Section 153DD
153DD References relating to revocation of declaration of collecting society
Section 153DE
153DE Review of collecting society’s distribution arrangement
collecting society has the same meaning as in Part VB.
153E Applications to Tribunal under subsection 183(5)
(1) The parties to an application to the Tribunal under subsection 183(5) for the fixing of the terms for the doing of an act comprised in a copyright where the act is done for the services of the Commonwealth or a State are:
(a) the Commonwealth or the State, as the case may be; and Section 153F
(b) the owner of the copyright.
(2) If an application is made to the Tribunal under subsection 183(5), the Tribunal is to consider the application and, after giving the parties to the application an opportunity of presenting their cases, is to make an order fixing the terms for the doing of the act.
153F Applications to Tribunal to declare collecting society for government copies
(a) that the applicant is a company limited by guarantee incorporated under a law in force in a State or Territory relating to companies; and Section 153G
153G Applications to Tribunal to revoke a declaration of a collecting society
(1) Any of the following persons may apply to the Tribunal for the revocation of a declaration under section 153F:
(a) the collecting society; Section 153G
Section 153H
153H Time limit for deciding applications under section 153F or 153G
153J Amendment and revocation of a declaration on the declaration of another collecting society
(1) If:
the Tribunal must amend the previous declaration so as to exclude from the government copies to which it relates all government copies to which the declaration of the company referred to in paragraph (b) relates.
(i) all government copies; or Section 153K
(ii) a class of government copies that includes all government copies to which the previous declaration relates;
the Tribunal must revoke the previous declaration.
153K Applications to Tribunal for method of working out payment for government copies
Note: Subsection 183A(3) sets out matters that the method must provide for. Subsection 183A(4) sets out matters that the method may provide for.
(4) An order may also specify how and when payments of the amount worked out using the method determined are to be made.
153KA Review of collecting society’s distribution arrangement
Section 153L
collecting society has the same meaning as in Division 2 of Part VII.
153L Applications to Tribunal for review of declarations of certain educational institutions
Section 153M
(4) If the Tribunal sets aside the notice, the Tribunal must cause to be published in the Gazette a notice that:
Upon publication of the Tribunal’s notice, the notice published under subsection 10A(4) ceases to have effect for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).
(5) The Tribunal may only set aside a notice if it determines that the principal function, or the principal functions, as the case may be, of the institution concerned are not as described in the declaration included in the notice.
153M Applications to the Tribunal under subsection 135ZZM(1)
Section 153N
(5) In this section, collecting society and retransmitter have the same meanings as in Part VC.
153N Applications to Tribunal under subsection 135ZZN(3)
153P References relating to declaration of collecting society
153Q References relating to revocation of declaration of collecting society
153R Review of collecting society’s distribution arrangement
(1) This section has effect if an application is made to the Tribunal under section 135ZZWA for review of an arrangement adopted, or proposed to be adopted, by a collecting society for distributing amounts it collects in a period.
Section 153RA
collecting society has the same meaning as in Part VC.
153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast
(1) Either:
of the copyright in the broadcast of an eligible program; may apply to the Tribunal for an order determining the amount payable by the satellite BSA licensee to the copyright owner for the re-broadcast by the satellite BSA licensee, during the period specified in the application, of eligible programs, where the Section 153S
copyright owner owns the copyright in the broadcast of the eligible programs.
eligible program has the same meaning as in Part VD.
153S Applications to the Tribunal under paragraph 135ZZZK(1)(b)—equitable remuneration
Section 153T
collecting society has the same meaning as in Part VD.
eligible program has the same meaning as in Part VD.
153T Applications to Tribunal under paragraph 135ZZZL(3)(b)— record system
collecting society has the same meaning as in Part VD.
153U References relating to declaration of collecting society
Section 153V
153V References relating to revocation of declaration of collecting society
Section 153W
153W Review of collecting society’s distribution arrangement
collecting society has the same meaning as in Part VD.
154 Reference of proposed licence schemes to Tribunal
Section 154
(a) comes into operation when the order is made, if the scheme referred to the Tribunal had not already come into operation; and Section 155
(b) operates as long as the order remains in force.
This subsection has effect despite anything in the scheme referred to the Tribunal.
Note: Depending on the Tribunal’s order, the scheme reflecting the order will be the scheme confirmed by the order, the scheme as varied by the order or the scheme substituted by the order for the scheme referred to the Tribunal.
155 Reference of existing licence schemes to Tribunal
(1) Where, at any time while a licence scheme is in operation, a dispute arises with respect to the terms of the scheme between the licensor operating the scheme and:
included in a class of cases to which the scheme applies; the licensor, organization or person concerned may refer the scheme to the Tribunal in so far as the scheme relates to cases included in that class.
parties. This subsection has effect to subsection (4).
Note: Depending on the Tribunal’s order, the scheme reflecting the order will be the scheme confirmed by the order, the scheme as varied by the order or the scheme substituted by the order for the scheme referred to the Tribunal.
Section 156
156 Further reference of licence schemes to Tribunal
(1) Where the Tribunal has made an order (other than an interim order) under either of the last two preceding sections with respect to a licence scheme, then, subject to the next succeeding subsection, at any time while the order remains in force:
included in that class; may refer the scheme reflecting the order to the Tribunal in so far as it relates to cases included in that class.
Section 157
(4) The Tribunal must consider the matter in dispute, give the parties an opportunity of presenting their cases then make an order that the Tribunal considers reasonable in the circumstances doing one of the following to the scheme so far as it is referred to the Tribunal under subsection (1):
parties. This subsection has effect to subsection (5).
157 Application to Tribunal in relation to licences
Refusal or failure to grant licence under licence scheme
(1) A person who claims, in a case to which a licence scheme applies, that the licensor operating the scheme has refused or failed to grant him or her a licence in accordance with the scheme, or to procure the grant to him or her of such a licence, may apply to the Tribunal under this section.
Section 157
Licence scheme sets unreasonable charges or conditions for case
(2) A person who claims, in a case to which a licence scheme applies, that he or she requires a licence but that the grant of a licence in accordance with the scheme would, in that case, be subject to the payment of charges, or to conditions, that are not reasonable in the circumstances of the case may apply to the Tribunal under this section.
No licence scheme and licensor refuses or fails to grant reasonable licence
(3) A person who claims that he or she requires a licence in a case to which a licence scheme does not apply (including a case where a licence scheme has not been formulated or is not in operation) and:
may apply to the Tribunal under this section.
(4) An organization that claims that it is representative of persons requiring licences in cases to which a licence scheme does not apply (including cases where a licence scheme has not been formulated or is not in operation) and:
may apply to the Tribunal under this section.
Section 157
Other parties to application
(5) Where an organization (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to an application under any of the preceding subsections of this section, and the Tribunal is satisfied that the organization or person has a substantial interest in the matter in dispute, the Tribunal may, if it thinks fit, make that organization or person a party to the application.
Note: Under section 157B, the Tribunal may also make the Australian Competition and Consumer Commission a party to the application.
Letting parties present their cases
(6) The Tribunal must give the applicant, the licensor concerned and each other party (if any) to the application an opportunity of presenting their cases.
Order dealing with application under subsection (1)
(6A) If the Tribunal is satisfied that the claim of an applicant under subsection (1) is well-founded, the Tribunal must either:
Order dealing with application under subsection (2) or (3)
(6B) If the Tribunal is satisfied that the claim of an applicant under subsection (2) or (3) is well-founded, the Tribunal must either:
Section 157A
Order dealing with application under subsection (4)
(6C) If the Tribunal is satisfied that the claim of an applicant under subsection (4) is well-founded, the Tribunal must either:
Definition of refusal or failure to grant a licence
(7) A reference in this section to a failure to grant a licence, or to procure the grant of a licence, shall be read as a reference to a failure to grant the licence, or to procure the grant of the licence, as the case may be, within a reasonable time after a request to do so.
157A Tribunal must have regard to ACCC guidelines on request
Section 157B
157B Tribunal may make ACCC party to reference or application
The Tribunal may make the Australian Competition and Consumer Commission a party to a reference or application made under this Subdivision if:
158 Effect of licence scheme being continued in operation pending order of the Tribunal
Section 159
or she were the holder of a licence granted in accordance with the scheme in so far as the scheme relates to the doing of that thing and the licensor may recover that amount in a court of competent jurisdiction from the person as a debt due to the licensor.
159 Effect of order of Tribunal in relation to licences
Order under section 154. 155 or 156
Section 159
court of competent jurisdiction from the person as a debt due to the licensor.
Order under section 157 specifying conditions and charges
(4) Where the Tribunal has made an order on an application under subsection 157(1), (2) or (3) specifying charges, if any, and conditions, in relation to the applicant, in respect of the matters specified in the order, then if:
the applicant shall be in the like position, in any proceedings for infringement of copyright relating to any of those matters, as if he or she had at all material times been the holder of a licence granted by the owner of the copyright concerned on the conditions, and subject to payment of the charges (if any), specified in the order.
(5) Where the Tribunal has made an order on an application under subsection 157(4) specifying charges (if any) and conditions, in relation to the persons, or to persons included in the classes of persons, specified in the order, in respect of matters specified in the order, then, if:
that person shall be in the like position, in any proceedings for infringement of copyright relating to any of those matters, as if he or she had at all material times been the holder of a licence granted by the owner of the copyright concerned on the conditions, and subject to payment of the charges (if any), specified in the order.
(6) Where a person in relation to whom an order referred to in subsection (4) or subsection (5) applies does, in relation to any of the matters specified in that order, anything that, apart from that subsection, would be an infringement of copyright but would not Section 160
be such an infringement if he or she were the holder of a licence in respect of the doing of that thing granted by the owner of the copyright concerned on the conditions and subject to payment of the charges (if any) specified in the order, that person is liable to pay to the owner of the copyright the amount of any charges that would be payable if he or she were the holder of such a licence and the owner of the copyright may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner of the copyright.
(7) To avoid doubt, subsections (4) and (5) do not apply to an order that a person be granted a licence.
Order under section 157 that person be granted licence
(8) A person whom the Tribunal has ordered under section 157 be granted a licence in the terms proposed by the applicant, the licensor concerned or another party to the application under that section:
Note: Paragraph (a)—if those terms made the licence subject to conditions and the person did not comply with the conditions, the licence will not give the person a defence in the proceedings.
(9) The owner of the copyright may recover the amount described in paragraph (8)(b) from the person in a court of competent jurisdiction as a debt due to the owner.
160 Interim orders
Where an application or reference is made to the Tribunal under this Act, the Tribunal may make an interim order having effect until the final decision of the Tribunal on the application or reference.
Section 161
161 Reference of questions of law to Federal Court of Australia
Section 162
order under that section, as the Tribunal considers to be
appropriate.
162 Agreements or awards not affected
Nothing in this Part affects the operation of any agreement or of any award made by an arbitrator, whether the agreement or award was made before, or is made after, the commencement of this Act.
Section 163
163 Proceedings to be in public except in special circumstances
163A Application may be made to Tribunal by the agent of the copyright owner
164 Procedure
In proceedings before the Tribunal:
Section 165
165 Mistakes or errors in orders of the Tribunal
The Tribunal may correct, in any order of the Tribunal, a clerical mistake or an error arising from an accidental slip or omission.
166 Regulations as to procedure
Section 167
167 Power to take evidence on oath
168 Evidence in form of written statement
The Tribunal may, if it thinks fit, permit a person appearing as a witness before the Tribunal to give evidence by tendering, and verifying by oath or affirmation, a written statement, which shall be filed with the Registrar.
169 Representation
In proceedings before the Tribunal:
Section 169A
169A Referral of proceeding for alternative dispute resolution process
each party must act in good faith in relation to the conduct of the alternative dispute resolution process concerned.
Section 169B
169B Directions by President or Deputy President
169C Agreement about the terms of a decision etc.
(1) If:
Section 169D
the Tribunal may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.
opportunity of presenting their cases so far as they relate only to the part or matter to which the agreement relates.
169D Evidence not admissible
(1) Evidence of anything said, or any act done, at an alternative dispute resolution process under this Division is not admissible:
Exceptions
an alternative dispute resolution process under this Division; unless a party to the proceeding notifies the Tribunal before the hearing that he or she objects to the report being admissible at the hearing.
169E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal
If:
that member is not entitled to be a member of the Tribunal as constituted for the purposes of the proceeding.
169F Participation by telephone etc.
The person conducting an alternative dispute resolution process under this Division may allow a person to participate by:
169G Engagement of persons to conduct alternative dispute resolution processes
(1) The Registrar may, on behalf of the Commonwealth, engage persons as consultants to conduct one or more kinds of alternative dispute resolution processes under this Division.
Section 169G
(2) The Registrar must not engage a person under subsection (1) unless the Registrar is satisfied, having regard to the person’s qualifications and experience, that the person is a suitable person to conduct the relevant kind or kinds of alternative dispute resolution processes under this Division.
Section 170
170 Registrar
Remuneration as public servant
(3) The office of Registrar is not a public office for the purposes of the Remuneration Tribunal Act 1973.
Resignation
(4) The Registrar may resign his or her appointment by giving the Minister a written resignation.
Termination of appointment
Acting appointment
(7) The President may appoint a person engaged under the Public Service Act 1999, or a person whose services are made available under an arrangement made under that Act, to act as the Registrar:
Section 170A
(8) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:
170A Other staff of the Tribunal
Any staff needed to assist the Tribunal must be persons engaged under the Public Service Act 1999 or persons whose services are made available under arrangements made under that Act.
171 Protecting persons connected with Tribunal proceedings
(1) A member has, in the performance of his or her duty as a member, the same protection and immunity as a Justice of the High Court.
(1A) An alternative dispute resolution practitioner has, in the performance of his or her duties as an alternative dispute resolution practitioner under this Act, the same protection and immunity as a Justice of the High Court.
(1B) The Registrar has in the performance of his or her duty as Registrar under section 167, 174 or 175, the same protection and immunity as a Justice of the High Court.
alternative dispute resolution practitioner means a person who conducts an alternative dispute resolution process under Division 4A.
Section 172
172 Offences by witnesses
Failing to appear
(1) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Failing to produce document or article summoned
(2) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Refusal to swear or affirm
(3) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Refusal to answer questions or produce documents as required
(4) A person commits an offence if:
Section 173
(c) the person refuses to answer the question or produce the document or article.
Penalty: 30 penalty units or imprisonment for 6 months, or both.
General defence of reasonable excuse
(5) Subsection (1), (2), (3) or (4) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
173 Offences relating to the Tribunal
Insulting a member
(1) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Interrupting proceedings of the Tribunal
(2) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Using insulting language
(3) A person commits an offence if:
Section 173
Creating a disturbance
(4) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Taking part in creating or continuing a disturbance
(5) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Contravention of direction limiting publication of evidence
(6) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Contempt of Tribunal
(7) A person commits an offence if:
Penalty: 30 penalty units or imprisonment for 6 months, or both.
Definition of engage in conduct
(8) In this section: engage in conduct means:
(a) do an act; or Section 174
(b) omit to perform an act.
174 Costs of proceedings
(1) The Tribunal may order that the costs of any proceedings before it incurred by any party, or a part of those costs, shall be paid by any other party and may tax or settle the amount of the costs to be so paid, or specify the manner in which they are to be taxed.
(1A) In taxing or settling under subsection (1) the amount of the costs, or of a part of the costs, of any proceedings before the Tribunal incurred by a party, the Tribunal or the person or persons taxing or settling those costs, as the case may be, shall allow so much only of the amount as in the opinion of the Tribunal or the person or persons, as the case may be, would be allowed if the proceedings were proceedings before the Federal Court of Australia and the costs were taxed under the Federal Court Rules.
(2) Costs directed by the Tribunal to be paid to a party may be recovered by that party in any court of competent jurisdiction.
(2A) In any proceedings before a court under subsection (2) for the recovery of costs directed by the Tribunal to be paid to a party, a certificate signed by the Registrar that states that the costs have been taxed or the amount of the costs has been settled and sets out the amount of the costs as so taxed or settled is prima facie evidence of the matters stated in the certificate.
175 Proof of orders of Tribunal
Without prejudice to any other method available by law for the proof of orders of the Tribunal, a document purporting to be a copy of such an order, and to be certified by the Registrar to be a true copy of the order, is, in any proceeding, evidence of the order.
Section 176
176 Crown copyright in original works made under direction of Crown
177 Crown copyright in original works first published in Australia under direction of Crown
Subject to this Part and to Part X, the Commonwealth or a State is the owner of the copyright in an original literary, dramatic, musical or artistic work first published in Australia if first published by, or under the direction or control of, the Commonwealth or the State, as the case may be.
178 Crown copyright in recordings and films made under direction of Crown
Section 179
179 Provisions relating to ownership of copyright may be modified by agreement
The last three preceding sections have effect subject to any agreement made by, or on behalf of, the Commonwealth or a State with the author of the work or with the maker of the sound recording or cinematograph film, as the case may be, by which it is agreed that the copyright in the work, recording or film is to vest in the author or maker, or in another person specified in the agreement.
180 Duration of Crown copyright in original works
Section 181
181 Duration of Crown copyright in recordings and films
Copyright in a sound recording or cinematograph film of which the Commonwealth or a State is the owner, or would, but for the operation of an agreement to which section 179 applies, be the owner, subsists until the expiration of 50 years after the expiration of the calendar year in which the recording or film is first published.
182 Application of Parts III and IV to copyright subsisting by virtue of this Part
182A Copyright in statutory instruments and judgments etc.
Section 182A
(3) In subsection (1), a prescribed work means:
Section 182B
182B Definitions
(1) Subject to subsection (2), in this Division:
collecting society means a company in respect of which a declaration is in force under section 153F.
copyright material means:
government means the Commonwealth or a State.
Note: State includes the Australian Capital Territory, the Northern Territory and Norfolk Island: see paragraph 10(3)(n), as modified by the A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) (Statutory Rules 1989 No. 392).
government copy means a reproduction in a material form of copyright material made under subsection 183(1).
(2) A reference in subsection (1) to a work does not include a reference to a literary work that consists of a computer program or a compilation of computer programs.
182C Relevant collecting society
A company is the relevant collecting society in relation to a government copy if there is in force, under Division 3 of Part VI, a declaration of the company as the collecting society for the purposes of this Division in relation to:
Section 183
183 Use of copyright material for the services of the Crown
required for the purposes of the agreement or arrangement; shall, for the purposes of the last preceding subsection, be each deemed to be for the services of the Commonwealth.
183A Special arrangements for copying for services of government
Section 183B
government must pay the relevant collecting society in relation to those copies (other than excluded copies) equitable remuneration worked out for that period using a method:
excluded copies means government copies in respect of which it appears to the government concerned that it would be contrary to the public interest to disclose information about the making of the copies.
183B Payment and recovery of equitable remuneration payable for government copies
(1) Equitable remuneration payable to a collecting society under subsection 183A(2) must be paid:
Section 183C
(2) If equitable remuneration is not paid in accordance with the agreement or the Tribunal’s order, the collecting society may recover the remuneration as a debt due to the society in a court of competent jurisdiction.
183C Powers of collecting society to carry out sampling
Section 183D
183D Annual report and accounts of collecting society
Section 183E
183E Alteration of rules of collecting society
If a collecting society alters its rules, it must give a copy of the altered rules, together with a statement of the effects of, and reasons for, the alteration, to the Attorney-General and the Tribunal within 21 days after the day on which the alteration was made.
183F Applying to Tribunal for review of distribution arrangement
184 Application of Act to countries other than Australia
that person shall, for the purposes of those provisions as so applying, be treated as if he or she were the author of the work.
185 Denial of copyright to citizens of countries not giving adequate protection to Australian works
Australian work means a work the author of which was, at the time when the work was made, a qualified person for the purposes of the relevant provision of this Act.
author, in relation to a sound recording or a cinematograph film, means the maker of the recording or film.
the relevant provision of this Act means:
work means a literary, dramatic, musical or artistic work, a sound recording or a cinematograph film.
186 Application of Act to international organizations
(1) Where it appears to the Governor-General that it is desirable that this Act should apply in relation to an organization:
the regulations may declare that organization to be an international organization to which this Act applies.
(2) An international organization to which this Act applies that otherwise does not have, or at some material time otherwise did not have, the legal capacities of a body corporate has, and shall be deemed at all material times to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and for the purposes of all legal proceedings relating to copyright.
187 Original works made or first published by international organizations
188 Subject-matter, other than original works, made or first published by international organizations
Section 189
189 Definitions
In this Part, unless the contrary intention appears:
act of false attribution:
artistic work means an artistic work in which copyright subsists.
attributable act:
attributor:
author, in relation to a cinematograph film, means the maker of the film.
cinematograph film means the complete and final version of a cinematograph film in which copyright subsists.
copy record means a record so far as it embodies:
Section 189
being a record derived directly or indirectly from an original record of the performance.
deal means sell, let for hire, by way of trade offer or expose for sale or hire, exhibit in public, or distribute and, in Divisions 3 and 3A, includes publish.
derogatory treatment:
director, in relation to a cinematograph film, has a meaning affected by section 191.
dramatic work means a dramatic work in which copyright subsists.
infringing article means:
(a) in relation to an author’s moral rights:
(iii) a reproduction of an artistic work; or
(iv) a copy of a cinematograph film; being a work or film in respect of which a moral right of the author has been infringed, other than by derogatory treatment
not involving the material distortion or alteration of, or the mutilation of, the work or film; and
(b) in relation to the moral rights of a performer in a live performance:
Section 189
(iii) a record embodying the live performance, where the record also embodies sounds the making of which have infringed the performer’s right not to have performership falsely attributed; or
(iv) a record embodying the live performance, being the live performance as affected by derogatory treatment that has infringed the performer’s right of integrity of performership; and
(c) in relation to the moral rights of a performer in a recorded performance:
(iii) a copy record of the recorded performance, where dealings with the copy as a copy of an unaltered recorded performance have infringed the performer’s right not to have performership falsely attributed; or
(iv) a record embodying the recorded performance, being a record that incorporates derogatory treatment that has infringed the performer’s right of integrity of performership.
literary work means a literary work in which copyright subsists.
maker, in relation to a cinematograph film, means the director of the film, the producer of the film and the screenwriter of the film.
moral right means:
(iii) a right of integrity of performership.
Section 189
musical work means a musical work in which copyright subsists.
name, in Divisions 3 and 3A, includes a pseudonym, initials or a monogram.
original record means a record produced upon the making of a sound recording of a live performance.
Note: The sound track of a cinematograph film is treated as not being a sound recording: see section 23.
performance means a performance within the meaning of Part XIA, so far as the performance consists of sounds.
performer in a performance:
Note: See also section 191B, which deals with the conductor of a musical performance.
performership means participation in a performance, as the performer or one of the performers.
person representing the author, in relation to a possible infringement of any of an author’s moral rights in respect of a work, means a person who, under subsection 195AN(1) or (2), is entitled to exercise and enforce the moral right concerned.
person representing the performer means a person who, under subsection 195ANB(1) or (2), is entitled to exercise and enforce a performer’s moral right.
producer, in relation to a cinematograph film, has the meaning given by section 191.
qualified person has the same meaning as in Part XIA.
recorded performance means a performance embodied in a record so as to constitute a sound recording.
record embodying a performance means:
(a) an original record of a performance; or Section 190
(b) a copy record of a performance.
right not to have performership falsely attributed has the meaning given by Division 3A.
right of attribution of authorship has the meaning given by Division 2.
right of attribution of performership has the meaning given by Division 2A.
right of integrity of authorship has the meaning given by Division 4.
right of integrity of performership has the meaning given by Division 4A.
right not to have authorship falsely attributed has the meaning given by Division 3.
screenwriter, in relation to a cinematograph film, means the person who wrote the script or screenplay of the film, as that meaning is affected by section 191.
sound recording means a sound recording in which copyright subsists.
staged, in relation to a live performance, has the meaning given by section 191A.
work means a literary work, a dramatic work, a musical work, an artistic work or a cinematograph film.
190 Moral rights conferred on individuals
Only individuals have moral rights.
191 Director, producer and screenwriter of cinematograph film
and does not include a reference to any subsidiary producer, whether described as an executive producer, associate producer, line producer, assistant producer or in any other way.
Note: If there were 2 or more principal directors, 2 or more individuals who were the principal producers, or 2 or more principal screenwriters, of a cinematograph film, section 195AZJ, 195AZK or 195AZL applies.
191A Staging a performance
For the purposes of this Part, a live performance is staged by the person who makes the arrangements necessary for the performance (including elements of the performance not consisting of sounds) to take place.
191B Conductor to be treated as a performer
If a performance of a musical work is conducted by a conductor, then the sounds of the performance are to be treated as having been made by the conductor (as well as by the persons who actually made those sounds).
Note: As a consequence, the conductor will be able to be treated as being one of the performers. Note, however, the qualified person requirement in the definition of performer in section 189.
Section 192
192 Rights to be additional to other rights
Section 193
193 Author’s right of attribution of authorship
194 Acts giving rise to right of attribution of authorship
Section 195
195 Nature of the identification of author
the circumstances; the identification is to be made in that way.
195AA Identification of author to be clear and reasonably prominent
An identification of the author of a work must be clear and reasonably prominent.
195AB What is a reasonably prominent identification
When a literary, dramatic, musical or artistic work is reproduced in a material form, an adaptation is made of a literary, dramatic or musical work, or a copy of a cinematograph film is made, an identification of the author is taken to be reasonably prominent if it is included on each reproduction of the work or of the adaptation or on each copy of the film, as the case may be, in such a way that a person acquiring the reproduction or copy will have notice of the author’s identity.
Section 195ABA
195ABA Performer’s right of attribution of performership
Note: If there is more than one performer in a performance, then each performer has a right of attribution of performership: see subsection 195AZQ(2).
195ABB Acts giving rise to right of attribution of performership
(1) The attributable acts for a live performance are the following:
Note: For the definition of staged, see section 191A.
(2) The attributable acts for a recorded performance are the following:
195ABC Nature of the identification of performer
in the circumstances; the identification is to be made in that way.
Section 195ABD
(3) If a performance is presented by performers who use a group name, then identification by using the group name is sufficient identification of the performers in the group.
195ABD Identification of performer to be clear and reasonably prominent or audible
An identification of a performer must be clear and reasonably prominent or reasonably audible.
195ABE What is a reasonably prominent identification
When a copy record is made of a recorded performance, an identification of a performer or group of performers is taken to be reasonably prominent if it is included on each copy record of the recorded performance in such a way that a person acquiring the copy record will have notice of the identity of the performer or group.
Section 195AC
195AC Author’s right not to have authorship falsely attributed
195AD Acts of false attribution of authorship of a literary, dramatic or musical work
If the work is a literary, dramatic or musical work, it is an act of false attribution in relation to the author of the work:
Section 195AE
195AE Acts of false attribution of authorship of artistic work
195AF Acts of false attribution of authorship of cinematograph film
Section 195AG
195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work
(1) If the work is a literary, dramatic, musical or artistic work that has been altered by a person other than the author of the work, it is an act of false attribution in relation to the author of the work:
a reproduction of the unaltered work of the author; if, to the knowledge of the attributor, it is not the unaltered work or a reproduction of the unaltered work, as the case may be, of the author.
(2) Subsection (1) does not apply if:
195AH Act of false attribution of authorship of altered cinematograph film
Section 195AHA
195AHA Performer’s right not to have performership falsely attributed
Note: If there is more than one performer in a performance, then each performer has a right not to have performership falsely attributed: see subsection 195AZQ(3).
195AHB Acts of false attribution of performership
Acts of false attribution for live performances
(1) For a live performance, it is an act of false attribution for the stager of the performance, or a person authorised by the stager, to state falsely, or imply falsely, to the audience or intended audience immediately before the performance that:
Note: For the definition of staged, see section 191A.
Example 1: The stager of a live performance given by X and Y attributes the performance to A and B. This is an act of false attribution in relation to both X and Y.
Example 2: The stager of a live performance given by X and Y attributes the performance to X and A. This is an act of false attribution in relation to both X and Y (even though X is mentioned in the attribution).
Section 195AHB
Acts of false attribution for recorded performances—individual performers
(5) For a recorded performance, each of the following acts is an act of false attribution:
Section 195AHC
Acts of false attribution for recorded performances—groups of performers
(6) For a recorded performance, each of the following acts is an act of false attribution:
Silent performers
(7) It is not an act of false attribution of performership to state that a performer who participated silently in a performance performed in the performance.
Example: X and Y together present a cabaret act in which X sings and Y dances silently. The “performance” for the purposes of this Part consists only of the sounds made by X. It is not an act of false attribution in respect of the performance to state or imply that Y was also a performer.
195AHC Act of false attribution of performership of altered recorded performance
Section 195AI
195AI Author’s right of integrity of authorship
195AJ Derogatory treatment of literary, dramatic or musical work
In this Part:
derogatory treatment, in relation to a literary, dramatic or musical work, means:
195AK Derogatory treatment of artistic work
In this Part:
derogatory treatment, in relation to an artistic work, means:
Section 195AL
195AL Derogatory treatment of cinematograph film
In this Part:
derogatory treatment, in relation to a cinematograph film, means:
Section 195ALA
195ALA Performer’s right of integrity of performership
Note: If there is more than one performer in a performance, then each performer has a right of integrity of performership: see subsection 195AZQ(4).
195ALB Derogatory treatment of performance
In this Part:
derogatory treatment, in relation to a performer in a live performance or recorded performance, means the doing, in relation to the performance, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the performance that is prejudicial to the performer’s reputation.
Section 195AM
195AM Duration of author’s moral rights
195AN Exercise of author’s moral rights
cinematograph film; has 2 or more authors, the authors may enter into a written co-authorship agreement by which each of them agrees not to Section 195ANA
exercise his or her right of integrity of authorship in respect of the film or work, as the case may be, except jointly with the other author or authors.
(5) A co-authorship agreement has effect according to its terms.
195ANA Duration of performer’s moral rights for recorded performances
195ANB Exercise of performer’s moral rights
Section 195ANB
the live performance or recorded performance, as the case may be, except jointly with the other performer or performers.
(5) A co-performership agreement has effect according to its terms.
Section 195AO
195AO Infringement of right of attribution of authorship
Subject to this Subdivision, a person infringes an author’s right of attribution of authorship in respect of a work if the person does, or authorises the doing of, an attributable act in respect of the work without the identification of the author in accordance with Division 2 as the author of the work.
195AP Infringement of right not to have authorship falsely attributed
Subject to this Subdivision, a person infringes an author’s right not to have authorship of a work falsely attributed if the person does an act of false attribution in respect of the work.
195AQ Infringement of right of integrity of authorship
Section 195AR
195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author
Section 195AR
(3) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify the maker of a cinematograph film include the following:
Section 195AS
195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable
Section 195AT
(4) A person who does any act referred to in subsection 195AQ(3), (4) or (5) in respect of a work that has been subjected to derogatory treatment of a kind mentioned in that subsection does not, by doing that act, infringe the author’s right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to do that act.
195AT Certain treatment of works not to constitute an infringement of the author’s right of integrity of authorship
Section 195AT
(2A) This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition or destruction of, the building if:
(3) A change in, or the relocation, demolition or destruction of, a building is not an infringement of the author’s right of integrity of authorship in respect of the building, or in respect of any plans or instructions used in the construction of the building or a part of the building if:
(a) the owner of the building, after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author, or of any of the authors or persons representing the authors, as the case may be; or Section 195AT
(b) if paragraph (a) does not apply—the owner complies with subsection (3A) in relation to the change, relocation, demolition or destruction.
(3A) This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition or destruction of, the building if:
(4) Subsections (2), (2A), (3) and (3A) do not limit the operation of section 195AG.
(4A) The removal or relocation by a person (the remover) of a moveable artistic work that is situated at a place that is accessible to the public, and was made for installation in that place, is not an
Section 195AT
infringement of the author’s right of integrity of authorship in respect of the work if the remover:
(4B) This subsection is complied with by the remover in relation to the removal or relocation of a moveable artistic work if:
(5) Anything done in good faith to restore or preserve a work is not, by that act alone, an infringement of the author’s right of integrity of authorship in respect of the work.
Section 195AU
195AU Infringement by importation for sale or other dealing
dealing with does not include distributing except where the proposed distribution is for the purposes of sale.
195AV Infringement by sale and other dealings
deals with does not include:
195AVA Matters to be taken into account
In determining whether a person has authorised the doing of an act that is an infringement of moral rights in respect of a work, the matters that must be taken into account include the following:
195AVB Communication by use of certain facilities
A person (including a carrier or carriage service provider) who provides facilities for making, or facilitating the making of, a communication is not taken to have authorised the doing of an act that is an infringement of moral rights in respect of a work merely because another person uses the facilities so provided to do such an act.
195AW Author’s consent to act or omission—films or works in films
(1A) This section applies to a work that is:
Section 195AWA
extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright.
(6) Subsections (2) to (5), inclusive, do not limit the operation of subsection (1).
195AWA Author’s consent to act or omission—work that is not a film or included in a film
Section 195AWB
by such a licensee or successor in title, to do acts comprised in the copyright.
195AWB Consent invalidated by duress or false or misleading statements
the consent does not have any effect.
195AX Acts or omissions outside Australia
It is not an infringement of an author’s moral right in respect of a work to do, or omit to do, something outside Australia.
195AXA Infringement of right of attribution of performership
Subject to this Subdivision, a person infringes a performer’s right of attribution of performership in respect of a live performance or recorded performance if the person does, or authorises the doing of, an attributable act in respect of the performance without the identification of the performer in accordance with Division 2A as a performer in the performance.
Section 195AXB
195AXB Infringement of right not to have performership falsely attributed
Subject to this Subdivision, a person infringes a performer’s right not to have performership falsely attributed if the person does an act of false attribution in respect of the performance.
195AXC Infringement of right of integrity of performership
195AXD No infringement of right of attribution of performership if it was reasonable not to identify the performer
(1) A person who does, or authorises the doing of, an attributable act in respect of a live performance or recorded performance does not, because a performer in the performance is not identified, infringe the performer’s right of attribution of performership in respect of
Section 195AXE
the performance if the person establishes that it was reasonable in all the circumstances not to identify the performer.
(2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify a performer in a live performance or recorded performance include the following:
Note: For example, a performance may be used to attract custom in a hotel or restaurant.
195AXE No infringement of right of integrity of performership if derogatory treatment or other action was reasonable
Section 195AXF
Note: For example, a performance may be used to attract custom in a hotel or restaurant.
(3) A person who:
does not, by doing that act, infringe a performer’s right of integrity of performership in respect of the performance if the person establishes that it was reasonable in all the circumstances to do that act.
195AXF Infringement by importation for sale or other dealing
dealing with does not include distributing except where the proposed distribution is for the purposes of sale.
Section 195AXG
195AXG Infringement by sale and other dealings
deals with does not include:
195AXH Matters to be taken into account
In determining whether a person has authorised the doing of an act that is an infringement of moral rights in a live performance or recorded performance, the matters that must be taken into account include the following:
195AXI Communication by use of certain facilities
A person (including a carrier or carriage service provider) who provides facilities for making, or facilitating the making of, a communication is not taken to have authorised the doing of an act that is an infringement of moral rights in a live performance or recorded performance merely because another person uses the facilities so provided to do such an act.
Section 195AXJ
195AXJ Performer’s consent to act or omission
(1) It is not an infringement of a performer’s moral right in respect of a live performance or recorded performance to do, or omit to do, something if the act or omission is within the scope of a written consent given by the performer or a person representing the performer.
Note: The consent of one performer does not affect the moral rights of any other performer: see subsection 195AZQ(5).
195AXK Consent invalidated by duress or false or misleading statements
the consent does not have any effect.
195AXL Acts or omissions outside Australia
It is not an infringement of a performer’s moral right in respect of a live performance or recorded performance to do, or omit to do, something outside Australia.
Section 195AY
195AY Definition etc.
195AZ Actions for infringement of author’s moral rights
If a person infringes any of the moral rights of an author in respect of a work, the infringement is not an offence but the author or a person representing the author may bring an action in respect of the infringement, subject to any co-authorship agreement in force under section 195AN to which the author is a party.
195AZA Remedies for infringements of author’s moral rights
Section 195AZA
the amount of any damages that, apart from this subsection, would be awarded to the person in the action referred to in paragraph (b) is to be reduced by the amount of the damages awarded to the person in the action referred to in paragraph (d).
(5) If:
(a) the work is a dramatic work constituted by the screenplay or script for a cinematograph film; and Section 195AZD
the amount of any damages that, apart from this subsection, would be awarded to the person in the action referred to in paragraph (b) is to be reduced by the amount of the damages awarded to the person in the action referred to in paragraph (d).
(6) If, in respect of an act done after the death of an author of a work, damages are recovered under this section by the legal personal representative of the author, those damages devolve as if they formed part of the author’s estate and as if the right of action in respect of the doing of the act had subsisted, and had been vested in the author, immediately before his or her death.
Note: Subsection (6) does not apply in relation to the right of integrity of authorship in respect of a cinematograph film, which ends on the author’s death. See subsection 195AM(1).
195AZD Presumption as to subsistence of copyright
In an action brought under this Part for an infringement of a moral right in respect of a work, copyright is presumed to subsist in the work if the defendant does not put in issue the question whether copyright subsists in the work.
195AZE Presumption as to subsistence of author’s moral rights
In an action brought under this Part for an infringement of a moral right in respect of a work, if copyright is presumed or proved to have subsisted in the work when the infringement is alleged to have occurred, the moral right is presumed to have subsisted in the work at that time.
Section 195AZF
195AZF Presumptions in relation to authorship of work
195AZG Other presumptions in relation to literary, dramatic, musical or artistic work
Sections 128 and 129 apply in respect of an action brought under this Part.
195AZGA Definition etc.
195AZGB Actions for infringement of performer’s moral rights
If a person infringes any of the moral rights of a performer in respect of a live performance or recorded performance, then the performer or a person representing the performer may bring an action in respect of the infringement, subject to any co-performership agreement in force under section 195ANB to which the performer is a party.
Section 195AZGC
195AZGC Remedies for infringements of performer’s moral rights
Note: Subsection (4) does not apply in relation to the right of integrity of performership, which ends on the performer’s death: see section 195ANA.
195AZGD Presumption as to subsistence of copyright
In an action brought under this Part for an infringement of a moral right in respect of a recorded performance, copyright is presumed to subsist in the recorded performance if the defendant does not put in issue the question whether copyright subsists in the recorded performance.
195AZGE Presumption as to subsistence of performer’s moral rights
195AZGF Presumptions in relation to performership
Section 195AZGG
the group performed in the performance, then, in an action brought under this Part, the group whose name so appeared is, if it was a name by which the group was commonly known, presumed, unless the contrary is established, to have performed in the performance.
195AZGG Saving of other rights and remedies
195AZGH Jurisdiction of courts
Section 195AZH
195AZH Parts of works
Moral rights in respect of a work apply in relation to a whole or a substantial part of the work.
195AZI Works of joint authorship
195AZJ Cinematograph films that have more than one principal director
Section 195AZK
195AZK Cinematograph films that have more than one principal producer
195AZL Cinematograph films that have more than one principal screenwriter
195AZM Application—right of attribution of authorship
(1) The right of attribution of authorship in respect of:
cinematograph film; subsists only if the cinematograph film is made after the commencement of this Part.
(2) The right of attribution of authorship in respect of a literary, dramatic, musical or artistic work other than such a work as included in a cinematograph film subsists in respect of a work made before or after the commencement of this Part but this Part only applies in relation to attributable acts done after that commencement.
Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made.
195AZN Application—right not to have authorship falsely attributed
Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made.
Section 195AZO
195AZO Application—right of integrity of authorship
(1) The right of integrity of authorship in respect of:
cinematograph film; subsists only if the cinematograph film is made after the commencement of this Part.
Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made.
195AZP Parts of performances
Moral rights in respect of a live performance or recorded performance apply in relation to the whole or a substantial part of the performance.
195AZQ Performances that have more than one performer
Example: If X and Y are the performers in a performance, then each of them has the right to be identified. However, there is no infringement of X’s moral right if Y is not identified (and vice versa).
Note: See also subsection 195ABC(3), which relates to the use of group names.
(3) An act of false attribution of performership in respect of the performance infringes each performer’s right not to have performership falsely attributed.
Example: X and Y are the performers in a performance that is falsely attributed to X and Z. This false attribution infringes X’s moral right and Y’s moral right.
(4) The right of integrity of performership in respect of the performance is a right of each performer.
Example: X and Y are the performers in a performance. The performance is subjected to derogatory treatment that is prejudicial to X’s reputation but not to Y’s reputation. The result is an infringement of X’s right of integrity of performership but not an infringement of Y’s right of integrity of performership.
(5) The consent of one performer to any act or omission affecting his or her moral rights in respect of the performance does not affect the moral rights of any other performer in respect of the performance.
195AZR Application
195A Interpretation
195B Review of certain decisions
(1) For the purposes of this section, the following decisions are reviewable decisions:
(ba) a decision of the CEO under subsection 135(6A) to declare a notice given under subsection 135(2) to be ineffective;
CEO means the Chief Executive Officer of Customs.
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
196 Assignments and licences in respect of copyright
197 Prospective ownership of copyright
198 Copyright to pass under will with unpublished work
Where under a bequest, whether specific or general, a person is entitled, beneficially or otherwise, to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless a contrary intention appears in the testator’s will, be read as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his or her death.
198A Non-infringement of trade mark in relation to the importation of copyright material
parallel importation provision means:
199 Reception of broadcasts
200 Use of works and broadcasts for educational purposes
(2A) The making of a record of a sound broadcast is not an infringement of copyright in the broadcast if the record is made by, or on behalf of, the body administering an educational institution and is not used except for the educational purposes of that institution or another educational institution.
200AAA Proxy web caching by educational institutions
system includes network.
200AA Use of broadcasts by institutions assisting persons with an intellectual disability
The making of a record of a sound broadcast is not an infringement of copyright in the broadcast if the record is made by, or on behalf of, the body administering an institution assisting persons with an intellectual disability and is used only for the purpose of the provision of that assistance by that institution.
200AB Use of works and other subject-matter for certain purposes
(1) The copyright in a work or other subject-matter is not infringed by a use of the work or other subject-matter if all the following conditions exist:
Use by body administering library or archives
(2) This subsection covers a use that:
Use by body administering educational institution
(3) This subsection covers a use that:
Use by or for person with a disability
(4) This subsection covers a use that meets all the following conditions:
This section does not apply if under another provision the use does not, or might not, infringe copyright
(6) Subsection (1) does not apply if, because of another provision of this Act:
Example 1: Paragraph (a)—Without using an appliance adapted for producing multiple copies or an appliance that can produce copies by reprographic reproduction, a school teacher reproduces a literary work in the course of educational instruction. Under subsection 200(1), the reproduction is not an infringement of copyright in the work, so this section does not apply.
Example 2: Paragraph (b)—A body administering an institution assisting persons with a print disability makes a Braille version of a published literary work. Under subsection 135ZP(2), making such a version does not infringe copyright in the work if certain conditions (relating to remuneration etc.) are met, so this section does not apply.
Cost recovery not commercial advantage or profit
(6A) The use does not fail to meet the condition in paragraph (2)(c), (3)(c) or (4)(c) merely because of the charging of a fee that:
Definitions
(7) In this section:
conflict with a normal exploitation has the same meaning as in Article 13 of the TRIPS Agreement.
special case has the same meaning as in Article 13 of the TRIPS Agreement.
unreasonably prejudice the legitimate interests has the same
meaning as in Article 13 of the TRIPS Agreement.
use includes any act that would infringe copyright apart from this section.
201 Delivery of library material to the National Library
illustrations includes drawings, engravings and photographs.
library material means a book, periodical, newspaper, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table, being a literary, dramatic, musical or artistic work or an edition of such a work, but does not include a second or later edition of any material unless that edition contains additions or alterations in the letter-press or in the illustrations.
202 Groundless threats of legal proceedings in relation to copyright infringement
202A Groundless threats of legal proceedings in relation to technological protection measures
(1) If a person (the first person) threatens another person with an action under Subdivision A of Division 2A of Part V, a person aggrieved may bring an action against the first person.
Note: Subdivision A of Division 2A of Part V establishes causes of action that relate to circumventing an access control technological protection measure (section 116AN), manufacturing etc. a circumvention device for a technological protection measure (section 116AO) and providing etc. a circumvention service for a technological protection measure (section 116AP).
203 Limitation on power of courts to grant relief in proceedings under this Act
Nothing in this Act authorizes a State court or a court of a Territory to grant relief by way of injunction or account of profits if that court would not, apart from this Act, have power to grant such relief.
203A Offence—failing to keep declarations relating to copying in library or archives
(1) A person commits an offence if:
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if:
Note: The person bears a legal burden in relation to a matter in subsection (2) (see section 13.4 of the Criminal Code).
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) The person cannot be convicted of more than one offence under this section in relation to the one declaration.
Note: Section 203G makes early destruction or disposal of the declaration an offence.
203D Offence—not arranging declarations chronologically
(1) A person commits an offence if:
Penalty: 5 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
203E Inspection of records and declarations retained by libraries, archives or institutions
(1) The owner of the copyright in a work, sound recording or cinematograph film, or the agent of such an owner:
(a) may notify the officer in charge of a library or archives, in writing, that he or she wishes to inspect:
on a day specified in the notice, being an ordinary working day of the library, archives or institution not less than 7 days after the date of the giving of the notice; and
(b) may, if the notice related to the making of copies of works or parts of works or of copies of other subject-matter in reliance on section 51A or 110B, state in the notice that he or she also wishes to inspect, on the day so specified, the collection of the library or archives.
Penalty: 5 penalty units.
(6A) Subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
acquired it the course of an inspection he or she made under subsection (4).
Penalty: 5 penalty units.
(10A) Subsection (10) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(11) Subsection (10) does not apply if the defendant makes the record, divulgement or communication with the intention of:
Note: The defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code).
203F False and misleading declarations
A person commits an offence if:
Penalty: 5 penalty units.
203G Offence—disposing of or destroying certain declarations
A person commits an offence if:
Penalty: 5 penalty units.
203H Notation of certain copies etc.
Penalty: 5 penalty units.
(5) For the purposes of subsections (1) and (2):
(a) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:
being a library of an institution, the reproduction or copy is taken to have been made on behalf of the institution; and
(b) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:
library; being a library that is not a library of an institution:
(iii) the reproduction or copy is taken to have been made on behalf of the person or body administering the library; and
(iv) those subsections apply as if references to an institution were references to that person or body; and
(c) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:
archives; then:
(iii) the reproduction or copy is taken to have been made by or on behalf of the person or body administering the archives; and
(iv) those subsections apply as if references to an institution were references to that person or body; and
(6) The production, in any proceedings:
of a reproduction of a work, or of a part of a work, bearing a notation or mark of the kind referred to in subsection (1), 135K(1), 135ZY(1), 135ZQ(4) or 135ZT(4) is prima facie evidence of the
matters stated in the notation or mark.
(7) For the purposes of subsection (6), where a reproduction of a work or a part of a work, bears a notation or mark of a kind referred to in subsection (1), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4) the notation or mark shall, unless the contrary is proved, be deemed to have been made on the reproduction at or about the time the reproduction was made.
(9A) The production, in any proceedings:
to in subsection (2), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4), is prima facie evidence of the matters stated in the notation or mark.
(9B) For the purposes of subsection (9A), where a copy of a sound recording or a cinematograph film bears, or where there is attached to such a copy, a notation or mark of the kind referred to in subsection (2), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4), the notation or mark shall, unless the contrary is proved, be deemed to have been made on or attached to the copy at or about the time the copy was made.
(10) In this section:
reproduction, in relation to a work, or part of a work, includes a microform copy, a Braille version, a large print version, or a photographic version of the work, or of the part of the work.
Section 204
204 Interpretation
collective work means:
deliver, in relation to a lecture, includes deliver by means of a mechanical instrument.
dramatic work includes a piece for recitation, a choreographic work or entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise, and a cinematograph production where the arrangement, the acting form or the combination of incidents represented gives the work an original character.
lecture includes an address, speech and sermon.
literary work includes a map, chart, plan, table and compilation.
perform, in relation to a dramatic work as defined by this section or a musical work, means make an acoustic representation of the work or a visual representation of a dramatic action in the work, and includes make such a representation by means of a mechanical instrument.
Section 205
photograph includes photo-lithograph and a work produced by a process similar to photography.
205 References to making of works, recordings and films
For the purposes of any reference in this Part to works, sound recordings or cinematograph films made before the commencement of this Act, a work, sound recording or cinematograph film the making of which extended over a period shall be deemed not to have been made before the commencement of this Act unless the making of it was completed before the commencement of this Act.
206 References in other laws or instruments to copyright
207 Application
Except in so far as this Part otherwise expressly provides, this Act applies in relation to things existing at the commencement of this Act in like manner as it applies in relation to things coming into existence after the commencement of this Act.
208 Authorship of photographs
Note: For example, subsection (1) does not apply in relation to references to the author of the photograph that relate to the duration of the copyright in the photograph.
209 Publication
(1) For the purposes of the application of subsection 29(5) in determining whether a publication that took place before the commencement of this Act was the first publication, the reference in that subsection to a period of not more than 30 days shall be read as a reference to a period of not more than 14 days.
Section 209
(2) For the purposes of the application of subsection 29(7) in relation to an act done before the commencement of this Act:
Section 210
210 Expired copyright not to revive
211 Original works in which copyright subsists
213 Ownership of copyright
(1) Subsections 35(4) and (6) do not apply in relation to works made before the commencement of this Act.
Section 213
the first-mentioned person is the owner of any copyright subsisting in the work by virtue of Part III.
Section 214
214 Infringement by importation, sale and other dealings
For the purposes of sections 37 and 38, the fact that, to the knowledge of a person, the making of an article constituted, or, in the case of an imported article, would, if the article had been made in Australia by the importer of the article, have constituted, an infringement of copyright under the Copyright Act, 1911 has the like effect as if, to the knowledge of that person, the making of the article had constituted, or would, if the article had been made in Australia by the importer, have constituted, as the case may be, an infringement of copyright under this Act.
215 Recording of musical works
216 Publication of artistic works
Section 68 does not apply in relation to a painting, drawing, engraving, photograph or cinematograph film made before the date of commencement of this Act, but the copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film made before that date if, by virtue of section 65 or section 66, the making of the painting, drawing, engraving, photograph or film would not have constituted an infringement of the copyright under this Act if this Act had been in operation at the time when it was made.
Section 217
217 Reconstruction of buildings
The reference in subsection 73(2) to construction of a building by, or with the licence of, the owner of the copyright in architectural drawings or plans shall be read as including a reference to construction by, or with the licence of, the person who, at the time of the construction, was the owner of the copyright in the drawings or plans under the law relating to copyright that was in force at that time in the State or Territory in which the building was constructed.
218 Industrial designs
219 Reproduction of work upon payment of royalties
(1) The copyright in a literary, dramatic, musical or artistic work that has been published before the commencement of this Act is not infringed by the reproduction of the work for sale if:
Section 219
prescribed for the purposes of this section, as the case may be, to, or for the benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him or her calculated at the rate of ten per centum of the price at which he or she published the reproduction.
before that date, subsection (1) applies as if the author had died on the date on which:
(d) in the case of a literary work (other than a lecture) or an engraving—the work was first published; Section 219
(6) In this section, expressions that are defined by section 204 have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.
Section 220
220 Sound recordings
221 Cinematograph films
Copyright does not subsist by virtue of section 90 in a cinematograph film made before the commencement of this Act.
222 Application of Act to dramatic works and photographs comprised in cinematograph films
223 Television broadcasts and sound broadcasts
Copyright does not subsist by virtue of section 91 in:
(a) a television broadcast or a sound broadcast made before the commencement of this Act; or Section 224
(b) a television broadcast or a sound broadcast made after the commencement of this Act that is a repetition of a television broadcast or a sound broadcast made before the commencement of this Act.
224 Published editions of works
Copyright does not subsist by virtue of section 92 in a published edition of a work or works where the first publication of the edition took place before the commencement of this Act.
225 Infringement by importation, sale and other dealings
For the purposes of sections 102 and 103, the fact that, to the knowledge of a person, the making of an article constituted, or, in the case of an imported article, would, if the article had been made in Australia by the importer of the article, have constituted, an infringement of copyright under the Copyright Act, 1911 has the like effect as if, to the knowledge of that person, the making of the article had constituted, or would, if the article had been made in Australia by the importer, have constituted, as the case may be, an infringement of copyright under this Act.
Section 226
226 Actions for infringement
Section 115 does not apply to an infringement of copyright under the Copyright Act, 1911 and does not affect any proceedings under that Act, whether instituted before or after the commencement of this Act.
227 Infringing copies
Section 116 of this Act does not apply in relation to an article made, or imported into Australia, before the commencement of this Act, but, notwithstanding subsection 5(1) of this Act, proceedings may, subject to the Copyright Act, 1911, be brought or continued by virtue of section 7 of that Act in relation to such an article and may be so brought or continued although the proceedings relate to the conversion or detention of the article after the commencement of this Act.
228 Actions where copyright subject to exclusive licence
Division 3 of Part V does not apply in relation to a licence granted before the commencement of this Act and does not affect any proceedings under the Copyright Act, 1911, whether instituted before or after the commencement of this Act.
229 Offences and summary proceedings
For the purposes of Division 5 of Part V, the definition of infringing copy in section 10 applies as if any reference in that definition to copyright included a reference to copyright under the Copyright Act, 1911.
230 Limitation of actions
Section 134 of this Act does not apply in relation to an infringement of copyright under the Copyright Act, 1911 or to an article made, or imported into Australia, before the commencement of this Act.
Section 231
231 Restriction of importation of printed copies of works
Where:
ceased to have effect, before that date; the notice has, during the period of six months commencing on that date, such effect (if any) as it would have if it had been duly given in accordance with section 135 of this Act.
232 References and applications to Tribunal in relation to licence schemes
233 Duration of Crown copyright in photographs
Subsection 180(2) applies in relation to photographs taken before the commencement of this Act as if subsection 180(3) were omitted.
234 Duration of Crown copyright in recordings
Section 181 applies in relation to sound recordings made before the commencement of this Act as if the reference in that section to the expiration of the calendar year in which the recording is first published were a reference to the expiration of the calendar year in which the recording was made.
Section 235
235 Crown copyright in films
236 Works made or published by international organizations
237 Subject-matter, other than original works, made or published by international organizations
239 Assignments and licences
(1) Subject to this section, where copyright subsists in a work by virtue of this Act, any document that was made, or event that occurred, before the commencement of this Act, being a document or event that had any operation affecting the ownership of, or creating, Section 239
transferring or terminating an interest, right or licence in respect of, copyright in the work under the Copyright Act, 1911 or would have had such an operation if that Act had continued in force, has the like operation in relation to the copyright in the work under this Act.
of that reversionary interest is of no force or effect; but nothing in this subsection shall be taken to apply to the assignment of the copyright in a collective work or a licence to publish a work or a part of a work as part of a collective work.
Section 240
240 Bequests
(iii) in the case of a lecture—has not been delivered in
public; the ownership by that person of the manuscript is evidence that that person is the owner of the copyright in the work.
(3) In the last preceding subsection, expressions that are defined by section 204 have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.
Section 241
241 Delivery of library material to National Library
Section 201 does not apply in relation to library material published before the commencement of this Act.
242 Groundless threats of legal proceedings
Section 202 of this Act does not apply in relation to threats made after the commencement of this Act in respect of acts that took place before the commencement of this Act and, notwithstanding section 6 of this Act, section 41A of the Copyright Act 1912-1966 continues to apply in relation to any such threats in like manner as it continues to apply in relation to threats made before the commencement of this Act.
Section 243
243 Interpretation
In this Division, right conferred by the Copyright Act, 1911, in relation to a work, means a right that, by virtue of section 24 of the Copyright Act, 1911, was conferred in place of a right that subsisted immediately before the commencement of that Act.
244 Application
This Division applies to works made before 1 July 1912.
245 Rights conferred by Copyright Act, 1911
Notwithstanding anything in Division 2, section 32 of this Act does not apply to a work to which this Division applies unless a right conferred by the Copyright Act, 1911 subsisted in the work immediately before the commencement of this Act.
246 Performing rights
Section 247
247 Contributions to periodicals
Where:
copyright subsisting in the relevant work by virtue of this Act is subject to that right of publishing the relevant work in a separate form.
248 Assignments and licences
Section 248A
248A Interpretation
(1) In this Part:
20-year protection period of a performance means the period:
50-year protection period of a performance means the period:
action means a proceeding of a civil nature between parties and includes a counterclaim.
authorised, in relation to a recording of a performance, means made with the authority of the performer.
cinematograph film includes an article in which visual images are embodied and which is capable of being used to show those images as a moving picture, and a sound-track associated with those images.
direct, in relation to a sound recording or cinematograph film of a performance, means made directly from the live performance.
exempt recording means:
(a) an indirect cinematograph film of a performance, being a film made solely for the purpose of the private and domestic use of the person who made it; or
(aaa) an indirect cinematograph film or sound recording of a performance, being a film or recording that:
(i) is made from a communication that is a broadcast of the performance; and Section 248A
(ii) is made in domestic premises; and
(iii) is made solely for private and domestic use by watching or listening to the performance at a time more convenient than the time when the broadcast is made; or
(aa) an indirect sound recording of a performance, being a recording that is a fair dealing with the performance for the purpose of research or study; or
(fa) a direct or indirect sound recording of a performance, being a recording that is a fair dealing with the performance:
(iii) for the purpose of, or associated with, the reporting of news by means of a communication or in a cinematograph film; or Section 248A
(ja) a copy of a sound recording referred to in paragraph (aa), (fa) or (g), being a copy made solely for a purpose referred to in any of those paragraphs; or
(i) by a person who believes, due to a fraudulent or innocent representation made to the person, that the performer has authorised the making of the copy; or
(ia) if the copy is of a sound recording—solely for a purpose referred to in paragraph (aa), (fa) or (g); or
(ii) if the copy is of a cinematograph film—solely for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f) or (g); or
(p) a copy of an authorised recording of a performance, other than a copy of an authorised sound recording where the copy was made for use in a sound-track but the making of the sound recording was not authorised for the purpose of use in a sound-track.
Section 248A
indirect, in relation to a sound recording or cinematograph film of a performance, means made from a communication of the performance.
performance means:
performer, in relation to a performance that is given outside Australia, does not include a person who is not a qualified person at the time of the performance.
protection period, in relation to a performance, has the meaning given by section 248CA.
qualified person means an Australian citizen or a person resident in Australia.
recording means a sound recording or cinematograph film, other than an exempt recording.
sound recording includes an article in which sounds are embodied.
unauthorised, in relation to a recording of a performance, means made without the authority of the performer.
Section 248A
unauthorised use has the meaning given by section 248G.
(1A) For the purposes of paragraph (aa) of the definition of exempt recording, in determining whether a recording is a fair dealing with a performance for the purpose of research or study, regard must be had to the following matters:
Section 248B
(d) a reference to a sound-track is a reference to a sound-track associated with visual images forming part of a cinematograph film.
248B Educational purposes
Without limiting the meaning of the expression educational purposes in paragraph (c) of the definition of exempt recording in subsection 248A(1), a cinematograph film of a performance shall be taken to have been made for the educational purposes of an educational institution if it is made:
248C Exempt recordings cease to be exempt recordings in certain circumstances
(1) If any copies of a sound recording or a cinematograph film of a performance, being a sound recording or film that is an exempt recording under paragraph (h) of the definition of exempt recording in subsection 248A(1), are not destroyed before the end of the period of 12 months beginning on the day on which any of those copies is first used for broadcasting the performance, the sound recording or film shall, at the end of that period, cease to be an exempt recording.
(1A) A sound recording, or a copy of a sound recording, that is an exempt recording because it was made for a purpose referred to in paragraph (aaa), (aa) or (fa) of the definition of exempt recording in subsection 248A(1) ceases to be an exempt recording if it is used for any other purpose without the authority of the performer.
(2) A cinematograph film, or a copy of a cinematograph film, that is an exempt recording because it was made for a purpose referred to in paragraph (a), (aaa), (b), (c), (d), (e) or (f) of the definition of exempt recording in subsection 248A(1) ceases to be an exempt recording if it is used for any other purpose without the authority of the performer.
Section 248CA
248CA Protection period
248D Private and domestic use
For the purposes of this Part, a cinematograph film is taken not to have been made for the private and domestic use of the person who made it if it is made for the purpose of:
Section 248F
248F Application
(1) This Part, except Subdivisions A, B and C of Division 3, applies to acts done on or after 1 October 1989 in relation to a performance given on or after that day.
Note 1: That day was the day this Part commenced.
Note 2: Sections 248P and 248QA apply Subdivisions A and B of Division 3 to acts done at or after the time those Subdivisions commence as a result of Part 1 of Schedule 1 to the Copyright Amendment Act 2006. Subdivision C of that Division is merely ancillary to those Subdivisions.
Section 248G
248G What constitutes unauthorised use
(1) A person makes an unauthorised use of a performance if the person, at any time during the protection period of the performance and without the authority of the performer:
Note: An educational or other institution can copy and communicate a broadcast of a performance without the authority of the performer in some circumstances: see sections 135E and 135F.
(2) A person makes an unauthorised use of a performance if the person, at any time during the protection period of the performance and without the authority of the performer:
being a recording that the person knows, or ought reasonably to know, is an unauthorised recording; Section 248H
being a recording that the person knows, or ought reasonably to know, is an unauthorised recording; or
(h) causes a recording of the performance to be heard or seen in public, being a recording that the person knows, or ought reasonably to know, is an unauthorised recording.
248H Copying sound recordings for broadcasting
(1) Despite paragraph 248G(2)(c), where the making of a copy of a sound recording of a performance for use in a sound-track would, but for this subsection, be an unauthorised use of the performance under that paragraph, the making by a person of such a copy solely for the purpose of use in a broadcast by that person is not an unauthorised use of the performance.
Section 248J
before the end of the period of 12 months beginning on the day on which any of those copies is first used for the purpose of a broadcast in accordance with that subsection, or before the end of such further period (if any) as is agreed between the maker of the copy and the performer, or all of the performers.
(4) The Director-General of the National Archives of Australia must not consent to the transfer of the care of a copy of a sound recording to the National Archives of Australia unless the Director-General has certified that the sound recording is of an exceptional documentary character.
248J Actions for unauthorised use
Section 248K
(iii) all other relevant matters;
the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.
(4) If:
event or transaction as the action referred to in paragraph (a); the amount of any damages referred to in paragraph (b) that, apart from this subsection, would be awarded to the performer is to be reduced by the amount of the damages referred to in paragraph (c).
(5) If:
event or transaction as the action referred to in paragraph (a); the amount of any damages referred to in paragraph (b) that, apart from this subsection, would be awarded to the performer is to be reduced by the amount of the damages referred to in paragraph (c).
248K Exercise of jurisdiction
The jurisdiction of the Supreme Court of a State or Territory in an action under section 248J shall be exercised by a single Judge of the Court.
Section 248L
248L Appeals
248M Jurisdiction of Federal Court
Jurisdiction is conferred on the Federal Court of Australia with respect to actions under section 248J.
248MA Jurisdiction of Federal Magistrates Court
Jurisdiction is conferred on the Federal Magistrates Court with respect to actions under section 248J.
248N Right to bring an action not assignable
The right of a performer to bring an action under section 248J is not assignable.
Section 248P
248P Scope of this Subdivision
(1) This Subdivision applies to acts done in Australia on or after the commencement of this Subdivision.
Note: This Subdivision commenced when it was included in this Act by Part 1 of Schedule 1 to the Copyright Amendment Act 2006.
(2) This section has effect despite section 14.1 (Standard geographical jurisdiction) of the Criminal Code.
248PA Unauthorised direct recording during protection period
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
(a) the person makes a direct recording of a performance; and Section 248PB
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
248PB Unauthorised indirect recording during protection period
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
Section 248PC
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Defence
(7) Subsection (1), (3) or (5) does not apply if the recording was made solely for the person’s private and domestic use.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
248PC Unauthorised communication to public during 20-year protection period
Indictable offence
Section 248PD
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Defence
(7) To avoid doubt, subsections (1) and (3) do not apply to the communication to the public of an authorised recording of the performance.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).
Note 2: An educational or other institution can also copy and communicate a broadcast of a performance without contravening this section in some circumstances (see sections 135E and 135F).
248PD Playing unauthorised recording publicly during 20-year protection period
Indictable offence
(1) A person commits an offence if:
Section 248PE
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
248PE Possessing equipment to make or copy unauthorised recording
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
Section 248PE
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
is an unauthorised recording of the performance; and the person is negligent as to that fact; and
(d) the possession occurs during the protection period of the performance.
Penalty: 120 penalty units or imprisonment for 2 years, or both.
No need to prove which performance or recording is to be involved
(8) In a prosecution for an offence against this section, it is not necessary to prove:
Section 248PF
248PF Copying unauthorised recording
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
(a) the person makes a copy of a recording of a performance; and
Section 248PG
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248PG Unauthorised copying of exempt recording
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248PH Unauthorised copying of authorised sound recording
Indictable offence
(1) A person commits an offence if:
Section 248PH
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 248PI
248PI Selling etc. unauthorised recording
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
Section 248PJ
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248PJ Distributing unauthorised recording
Indictable offences
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offences
(4) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(5) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(7) A person commits an offence if:
(a) the person distributes a recording of a performance in preparation for, or in the course of, trade; and
Section 248PK
Penalty: 60 penalty units.
(9) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248PK Commercial possession or import of unauthorised recording
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Section 248PK
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
Section 248PL
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248PL Exhibiting unauthorised recording in public by way of trade
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Section 248PM
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248PM Importing unauthorised recording for exhibition by way of trade
Indictable offence
(1) A person commits an offence if:
Note: Under section 248CA, the protection period of a performance is:
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Section 248QA
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248QA Scope of this Subdivision
(1) This Subdivision applies to an act done in Australia on or after the commencement of this Subdivision, in relation to a performance given at any time before 1 July 1995.
Note 1: That day was the day on which Part 4 of the Copyright (World Trade Organization Amendments) Act 1994 commenced.
Section 248QB
Note 2: This Subdivision commenced when it was included in this Act by Part 1 of Schedule 1 to the Copyright Amendment Act 2006.
(2) This Subdivision has effect despite section 14.1 (Standard geographical jurisdiction) of the Criminal Code.
248QB Possessing equipment for copying unauthorised sound recording
Indictable offence
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
Section 248QC
No need to prove which recording is to be copied
(8) In a prosecution for an offence against this section, it is not necessary to prove which particular recording is intended to be, or will be, copied using the device.
248QC Copying unauthorised sound recording
Indictable offence
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248QD Selling etc. unauthorised sound recording
Indictable offence
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Section 248QE
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248QE Distributing unauthorised sound recording
Indictable offences
Section 248QE
(3) An offence against subsection (1) or (2) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offences
(4) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(5) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(7) A person commits an offence if:
Section 248QF
Penalty: 60 penalty units.
(9) Subsection (7) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248QF Commercial possession or import of unauthorised sound recording
Indictable offence
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
(a) the person possesses, or imports into Australia, a sound recording of a performance, with the intention of doing any of the following:
(iii) by way of trade offering or exposing the recording for sale or hire; Section 248QG
(iv) distributing the recording either for the purpose of trade or to an extent that will affect prejudicially the financial interests of the performer in the performance; and
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248QG Exhibiting unauthorised sound recording in public by way of trade
Indictable offence
(1) A person commits an offence if:
(a) the person by way of trade exhibits in public a sound recording of a performance; and
Section 248QG
(2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both.
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Section 248QH
248QH Importing unauthorised sound recording for exhibition by way of trade
Indictable offence
Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914).
Summary offence
(3) A person commits an offence if:
Penalty: 120 penalty units or imprisonment for 2 years, or both.
(4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914.
Strict liability offence
(5) A person commits an offence if:
(a) the person imports into Australia a sound recording of a performance in preparation for exhibiting the recording in public by way of trade; and Section 248R
Penalty: 60 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
248R Courts in which offences may be prosecuted
248S Protection against multiple proceedings for same act
If a single act done in relation to a performance is an offence against Subdivision A and an offence against Subdivision B, only one of the offences may be prosecuted.
248SA Infringement notices
Section 248T
248T Destruction or delivery up of unauthorised recordings
The court before which a person is charged with an offence against this Part may, whether the person is convicted of the offence or not, order that any article in the possession of the person that appears to the court to be:
be destroyed or delivered up to the performer or performers concerned or otherwise dealt with in such manner as the court thinks fit.
Section 248U
248U Application to foreign countries
(1) Subject to this section, the regulations may apply any of the provisions of this Part specified in the regulations, in relation to a foreign country so specified, in any one or more of the following ways:
(a) so that the provisions apply in relation to performances given in that country in like manner as those provisions apply in relation to performances given in Australia;
(aa) so that the provisions apply in relation to recordings, made in that country, of performances in like manner as those provisions apply in relation to recordings of performances given in Australia;
(ab) so that the provisions apply in relation to broadcasts, made in that country, of performances in like manner as those provisions apply in relation to broadcasts of performances given in Australia;
(ac) so that the provisions apply in relation to recordings, made by persons who are citizens, nationals or residents of that country, of performances in like manner as those provisions apply in relation to recordings of performances given in Australia;
(2) Regulations applying a provision of this Part in relation to a foreign country:
(a) may apply the provision without exception or modification or subject to such exceptions or modifications as are specified in the regulations; and Section 248V
(b) may apply the provision either generally or in relation to such classes of performances, or other classes of cases, as are specified in the regulations.
(3) Regulations shall not be made applying any of the provisions of this Part in relation to a foreign country that is not a party to a Convention relating to the protection of performers to which Australia is also a party unless the Governor-General is satisfied that, in respect of the performances to which those provisions relate, provision has been or will be made under the law of that country under which adequate protection is or will be given to performers whose performances are protected under this Act.
248V Denial of protection to citizens of countries not giving adequate protection to Australian performances
249 Regulations
General regulation-making power
(1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing penalties not exceeding a fine of $100 for offences against the regulations.
Regulations in relation to technological protection measures
(2) Without limiting subsection (1), the Governor-General may make regulations prescribing the doing of an act by a person for the purposes of subsections 116AN(9) and 132APC(9).
Note: For prescription of acts and persons by class, see subsection 13(3) of the Legislative Instruments Act 2003.
Note: For the purposes of paragraph (a), it is not necessary for the person who made the submission to be the person in relation to whom the act is prescribed.
The Schedule
The Schedule
Section 144
OATH
I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of and that I will faithfully and impartially perform the duties of that office.
SO HELP ME GOD!
AFFIRMATION
I, , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of and that I will faithfully and impartially perform the duties of that office.
Table of Acts
Notes to the Copyright Act 1968 Note 1
The Copyright Act 1968 as shown in this compilation comprises Act No. 63, 1968 amended as indicated in the Tables below.
For application, saving or transitional provisions made by the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005, see Act No. 45, 2005.
All relevant information pertaining to application, saving or transitional provisions prior to 30 July 1998 is not incorporated in this compilation. For subsequent information see Table A.
The Copyright Act 1968 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations (1989 No. 3 as amended) see Table B.
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Copyright Act 1968 | 63, 1968 | 27 June 1968 | 1 May 1969 (see Gazette 1969, p. 2543) | |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | Ss. 9(1) and 10 |
Administrative Changes (Consequential Provisions) Act 1976 | 91, 1976 | 20 Sept 1976 | S. 3: (a) | S. 4 |
Broadcasting and Television Amendment Act 1977 | 160, 1977 | 10 Nov 1977 | 1 Jan 1978 (see Gazette 1977, No. | — |
S259) | ||||
Jurisdiction of Courts (Miscellaneous Amendments) Act 1979 | 19, 1979 | 28 Mar 1979 | Parts II–XVII (ss. 3–123): 15 May 1979 (see Gazette 1979, No. S86) Remainder: 19 Mar | Ss. 9 and 124 |
1979 | ||||
Copyright Amendment Act 1980 | 154, 1980 | 19 Sept 1980 | Ss. 17–19: 29 Sept 1980 | — |
Remainder: 1 Aug 1981 (see Gazette 1981, No. S124) |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Designs Amendment Act | 42, 1981 | 13 May 1981 | Ss. 1 and 2: 13 Mar | S. 36 |
1981 | 1981 | |||
S. 31, Part IV (ss. | ||||
34, 35) and s. | ||||
36(2): 1 Apr 1982 | ||||
(see Gazette 1982, | ||||
No. G12) | ||||
Remainder: 1 Apr | ||||
1982 (see Gazette | ||||
1982, No. G12) | ||||
Statute Law Revision Act | 61, 1981 | 12 June 1981 | S. 115: Royal | — |
1981 | Assent (b) | |||
Broadcasting and Television | 113, 1981 | 24 June 1981 | S. 30: 10 Aug 1981 | — |
Amendment Act 1981 | (see Gazette 1981, | |||
No. S158) | ||||
Remainder: | ||||
24 June 1981 | ||||
Statute Law (Miscellaneous | 26, 1982 | 7 May 1982 | Part XVIII (ss. | S. 138(2) |
Amendments) Act (No. 1) | 136–145): 4 June | |||
1982 | 1982 (c) | |||
Statute Law (Miscellaneous | 80, 1982 | 22 Sept 1982 | Part LXXVII (s. | S. 280(2) |
Amendments) Act (No. 2) | 280): Royal Assent | and (3) | ||
1982 | (d) | |||
Broadcasting and Television | 154, 1982 | 31 Dec 1982 | 31 Dec 1982 | — |
Amendment Act 1982 | ||||
Australian Broadcasting | 7, 1983 | 1 June 1983 | Ss. 1, 2, 15(1) and | S. 60(2) |
Corporation (Transitional | 24: 1 June 1983 | |||
Provisions and | Remainder: 1 July | |||
Consequential | 1983 (see s. 2(2) | |||
Amendments) Act 1983 | and Gazette 1983, | |||
No. S124) | ||||
Copyright Amendment Act | 80, 1983 | 3 Nov 1983 | 6 June 1984 (see | — |
1983 | Gazette 1984, No. | |||
S203) | ||||
Statute Law (Miscellaneous | 91, 1983 | 22 Nov 1983 | S. 3: 20 Dec 1983 | S. 6 |
Provisions) Act (No. 2) | (e) | |||
1983 | ||||
Radiocommunications | 136, 1983 | 22 Dec 1983 | 27 Aug 1985 (see | — |
(Transitional Provisions | s. 2 and Gazette | |||
and Consequential | 1985, No. S322) | |||
Amendments) Act 1983 | ||||
Copyright Amendment Act | 43, 1984 | 15 June 1984 | 15 June 1984 | S. 7 |
1984 | ||||
Statute Law (Miscellaneous | 165, 1984 | 25 Oct 1984 | S. 3: 22 Nov 1984 | Ss. 6(1) |
Provisions) Act (No. 2) | (f) | and 7 | ||
1984 | ||||
Statute Law (Miscellaneous | 65, 1985 | 5 June 1985 | S. 3: 3 July 1985 | — |
Provisions) Act (No. 1) | (g) | |||
1985 | ||||
Broadcasting and Television | 67, 1985 | 5 June 1985 | 1 Jan 1986 | S. 4 |
(Consequential | ||||
Amendments) Act 1985 |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or transitional | |
provisions | ||||
Copyright Amendment Act 1986 | 78, 1986 | 24 June 1986 | Ss. 14–19: 22 July 1986 Remainder: 30 Apr 1987 (see Gazette 1987, No. S68) | Ss. 20(2) and 28(2) |
Statute Law (Miscellaneous | 168, 1986 | 18 Dec 1986 | S. 3: (h) | S. 5(1) |
Provisions) Act (No. 2) 1986 | ||||
Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 | 23, 1987 | 26 May 1987 | S. 3: (i) | S. 5 |
Broadcasting Legislation Amendment Act 1988 | 146, 1988 | 26 Dec 1988 | S. 49: 1 Mar 1989 (j) | — |
Circuit Layouts Act 1989 | 28, 1989 | 22 May 1989 | Ss. 1 and 2: Royal Assent | — |
Remainder: 1 Oct | ||||
1990 (see Gazette 1990, No. S261) | ||||
Copyright Amendment Act 1989 | 32, 1989 | 24 May 1989 | Ss. 3, 5, 7, 12, 13, 21, 22, 28 and Schedule (items 1, 4, 10, 12, 14, 19, | S. 2 (rep. by 107, 1993, s.13) Ss. 25 and |
25, 26): 1 Oct 1989 (see Gazette 1989, No. S316) Ss. 4, 14, 16, 18, 20, 23, 25, 27, 29 | 29 (am. by 107, 1993, ss. 8 and 10) | |||
and Schedule | ||||
(items 48, 49, 53): 29 Jan 1990 (see Gazette 1990, No. | ||||
S15) Ss. 6, 15, 19, 24, | ||||
26(a) and Schedule (items 2, 3, 6–9, 11, 13, 15, 18, | ||||
21–24, 27–47, | ||||
50–52): 1 July 1990 (see Gazette 1990, No. S164) Ss. 8–11, 17 and | ||||
Schedule (items 5, 16, 17, 20): 1 Oct 1990 (see Gazette 1990, No. S261) S. 26(b)–(f): 2 July 1990 (see Gazette 1990, No. S164) Remainder: Royal Assent |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
as repealed by | ||||
Copyright Amendment (Re-enactment) Act | 107, 1993 | 22 Dec 1993 | S. 13: Royal Assent | S. 2(2) |
1993 | ||||
as re-enacted by | ||||
Copyright Amendment (Re-enactment) Act | 107, 1993 | 22 Dec 1993 | (k) | Ss. 8 and 10–12 |
1993 | ||||
Copyright Amendment Act | 174, 1991 | 25 Nov 1991 | 23 Dec 1991 | — |
1991 | ||||
Special Broadcasting | 180, 1991 | 25 Nov 1991 | S. 116: 23 Dec | S. 116(2) |
Service Act 1991 | 1991 (l) | |||
Broadcasting Services | 105, 1992 | 9 July 1992 | 5 Oct 1992 (see s. | S. 3 |
(Transitional Provisions | 2 and Gazette | |||
and Consequential | 1992, No. GN38) | |||
Amendments) Act 1992 | ||||
Radiocommunications | 167, 1992 | 11 Dec 1992 | 1 July 1993 | S. 14(3) |
(Transitional Provisions | ||||
and Consequential | ||||
Amendments) Act 1992 | ||||
Copyright Amendment | 107, 1993 | 22 Dec 1993 | 22 Dec 1993 | Ss. 8 and |
(Re-enactment) Act 1993 | 10–12 | |||
Agricultural and Veterinary | 37, 1994 | 15 Mar 1994 | 15 Mar 1995 | — |
Chemicals (Consequential | (see s. 2) | |||
Amendments) Act 1994 | ||||
Law and Justice Legislation | 141, 1994 | 28 Nov 1994 | S. 4 (items 1–13, | S. 7 |
Amendment Act (No. 2) | 15–30, 32–112): | |||
1994 | Royal Assent (m) | |||
S. 4 (items 14, 31): | ||||
23 Dec 1991 (m) | ||||
Copyright (World Trade | 149, 1994 | 13 Dec 1994 | Ss. 1 and 2: Royal | — |
Organization | Assent | |||
Amendments) Act 1994 | Parts 3 and 4 (ss. | |||
6–17): 1 July 1995 | ||||
Remainder: 1 Jan | ||||
1996 | ||||
Intellectual Property Laws | 100, 1998 | 27 July 1998 | Schedule 2 | — |
Amendment Act 1998 | (items 1–3): 27 Jan | |||
1999 (n) |
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Copyright Amendment Act | 104, 1998 | 30 July 1998 | Schedule 2 | Sch. 1 |
(No. 1) 1998 | (items 6, 8, 10, 12) | (item 4), | ||
and Schedule 8 | Sch. 3 | |||
(item 12): 30 Jan | (item 4), | |||
2000 | Sch. 4 | |||
Remainder: Royal | (item 6), | |||
Assent | Sch. 9 | |||
(item 8) | ||||
and Sch. | ||||
10 | ||||
(item 51) | ||||
[see Table | ||||
A] | ||||
Copyright Amendment Act | 105, 1998 | 30 July 1998 | (o) | Sch. 1 |
(No. 2) 1998 | (item 9) | |||
[see Table | ||||
A] | ||||
Copyright Amendment | 105, 1999 | 24 Aug 1999 | 30 Sept 1999 (see | — |
(Computer Programs) Act | Gazette 1999, No. | |||
1999 | S462) | |||
Public Employment | 146, 1999 | 11 Nov 1999 | Schedule 1 | — |
(Consequential and | (item 338): 5 Dec | |||
Transitional) Amendment | 1999 (see Gazette | |||
Act 1999 | 1999, No. S584) | |||
(p) | ||||
Copyright Amendment | 110, 2000 | 4 Sept 2000 | 4 Mar 2001 | Sch. 2 [see |
(Digital Agenda) Act 2000 | Table A] | |||
as amended by | ||||
Statute Law Revision | 63, 2002 | 3 July 2002 | Schedule 2 | — |
Act 2002 | (items 4, 5): (q) | |||
Copyright Amendment | 159, 2000 | 21 Dec 2000 | Schedule 2: 4 Mar | Sch. 1 |
(Moral Rights) Act 2000 | 2001 (see s. 2(3)) | (item 3) | ||
Remainder: Royal | [see Table | |||
Assent | A] | |||
Law and Justice Legislation | 24, 2001 | 6 Apr 2001 | S. 4(1), (2) and | S. 4(1) and |
Amendment (Application | Schedule 9: (r) | (2) [see | ||
of Criminal Code) Act | Table A] | |||
2001 | ||||
Copyright Amendment | 34, 2003 | 15 Apr 2003 | Schedule 3 | Sch. 1 |
(Parallel Importation) Act | (items 1–3, 5, 7): | (item 20), | ||
2003 | (s) | Sch. 3 | ||
Schedule 3 | (item 9) | |||
(items 4, 6, 8, 9): | and Sch. 4 | |||
(s) | (items 14, | |||
Schedule 4: | 15) [see | |||
13 May 2003 | Table A] | |||
Remainder: Royal | ||||
Assent |
Table of Acts
Act Number Date Date of Application, and year of Assent commencement saving or transitional provisions
Designs (Consequential 148, 2003 17 Dec 2003 Schedules 1 and 2: Amendments) Act 2003 (t)
Remainder: Royal Assent
US Free Trade Agreement 120, 2004 16 Aug 2004 Schedule 9
Implementation Act 2004 (items 1–15, 59– 112, 114–119, 121, 123–166, 168–191): 1 Jan 2005 Schedule 9 (items 16–58): 26 July 2007 (see
s. 2(1) and Gazette 2007, No. GN22) Schedule 9 (items 113, 167): Royal Assent Schedule 9 (items 120, 122):
(u)
as amended by
Copyright Legislation 154, 2004 15 Dec 2004 (see 154, 2004 Amendment Act 2004 below)
Copyright Legislation 154, 2004 15 Dec 2004 Schedule 1: (v) Amendment Act 2004 Remainder: Royal Assent
Australian Communications 45, 2005 1 Apr 2005 Schedule 1 and Media Authority (items 59–62) and (Consequential and Schedule 4: 1 July Transitional Provisions) 2005 (see s. 2(1)) Act 2005
608 Copyright Act 1968
Sch. 1 (items 15–20) [see Table A]
Sch. 9 (items 15, 84, 106, 117, 131, 145, 160, 185, 190) Sch. 9 [item 118] (am. by 154, 2004, Sch. 1 [items 42–48]) Sch. 9 [item 119] (am. by 154, 2004, Sch. 1 [items 49–51]), Sch. 9 [item 132] (am. by 154, 2004, Sch. 1 [items 52–58]) Sch. 9 [item 133] (am. by 154, 2004, Sch. 1 [items 59–61]) [see Table A]
—
Sch. 1 (items 8, 16, 29, 31, 41) [see Table A]
Sch. 4 [see Note 1]
Table of Acts
Act | Number | Date | Date of | Application, |
and year | of Assent | commencement | saving or | |
transitional | ||||
provisions | ||||
Copyright Amendment (Film | 130, 2005 | 8 Nov 2005 | Schedule 1: 19 Dec | S. 4 [see |
Directors’ Rights) Act | 2005 (see | Table A] | ||
2005 | F2005L04088) | |||
Remainder: Royal | ||||
Assent | ||||
Statute Law Revision Act | 9, 2006 | 23 Mar 2006 | Schedule 1 | Sch. 1 |
2006 | (items 8, 9): (w) | (item 9) | ||
[see Table | ||||
A] | ||||
Copyright Amendment Act | 158, 2006 | 11 Dec 2006 | Schedule 1 | Sch. 1 |
2006 | (items 1–33) and | (items 9, | ||
Schedules 2–5: 1 | 12, 14, 16, | |||
Jan 2007 | 18, 22, 24, | |||
Schedule 1 | 26), Sch. 2 | |||
(item 34) and | (item 15), | |||
Schedule 12 | Sch. 3 | |||
(items 17, 18): (x) | (item 20), | |||
Schedule 9: 8 Jan | Sch. 4 | |||
2007 | (item 2), | |||
Schedule 11: (x) | Sch. 5 | |||
Remainder: Royal | (items 2, 6) | |||
Assent | Sch. 6 | |||
(item 9AA), | ||||
Sch. 9 | ||||
(item 2) | ||||
Sch. 10 | ||||
(items 5, | ||||
20, 30, 55, | ||||
58, 61, 63), | ||||
Sch. 11 | ||||
(items 3, | ||||
37, 40, 42, | ||||
57) and | ||||
Sch. 12 | ||||
(item 16) | ||||
[see Table | ||||
A] | ||||
Australian Citizenship | 21, 2007 | 15 Mar 2007 | Schedules 1–3: | — |
(Transitionals and | 1 July 2007 (see s. | |||
Consequentials) Act 2007 | 2(1) and | |||
F2007L01653) | ||||
Remainder: Royal | ||||
Assent | ||||
Broadcasting Legislation | 28, 2007 | 15 Mar 2007 | 15 Mar 2007 | — |
Amendment Act 2007 | ||||
Statute Law Revision Act | 73, 2008 | 3 July 2008 | Schedule 4 | — |
2008 | (item 200): 4 July | |||
2008 | ||||
Archives Amendment Act | 113, 2008 | 31 Oct 2008 | 1 Nov 2008 | — |
2008 | ||||
Statute Law Revision Act | 8, 2010 | 1 Mar 2010 | Schedule 5 | — |
2010 | (item 137(a)): (y) |
Table of Acts
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional |
provisions | ||||
Broadcasting Legislation Amendment (Digital Television) Act 2010 | 94, 2010 | 29 June 2010 | Schedule 1 (items 135–144): 30 June 2010 | — |
Act Notes
(3) The amendments of the Copyright Act 1968 made by this Act shall come into operation immediately after the commencement of section 3 of the Copyright Amendment Act 1986.
Section 3 commenced on 30 April 1987 (see Gazette 1987, No. S68, p. 6).
(i) The Copyright Act 1968 was amended by section 3 only of the Jurisdiction of Courts (Miscellaneous Amendments) Act 1987, subsection 2(2) of which provides as follows:
(2) The amendments made by this Act to an Act specified in the Schedule shall come into operation on such day as is fixed by Proclamation in relation to those amendments.
The date fixed in pursuance of subsection 2(2) was 1 September 1987 (see Gazette 1987, No. S217).
(2) The amendments made by this Act are taken to have commenced on the dates set out in the Schedule.
Act Notes
The commencement of the re-enacted provisions provide as follows:
Section 4 re-enacted sections 3, 5, 7, 12, 13, 21, 28 and the Schedule (items 1, 4, 10, 12, 14, 19, 25 and 26) which commenced on 1 October 1989. Section 4 re-enacted sections 4, 14, 18, 23 and the Schedule (items 48, 49 and 53) which
commenced on 29 January 1990.
Section 4 re-enacted sections 6, 24, 26(a) and the Schedule (items 2, 3, 6–9, 11, 13, 15, 18, 21–24, 27–47 and 50–52) which commenced on 1 July 1990. Section 4 re-enacted sections 8–11, 17 and the Schedule (items 5, 16, 17 and 20) which
commenced on 1 October 1990. Section 4 re-enacted paragraphs 26(b)–(f) which commenced on 2 July 1990. Section 5 re-enacted section 15 which commenced on 1 July 1990. Section 6 re-enacted section 19 which commenced on 1 July 1990. Section 7 re-enacted section 22 which commenced on 1 October 1989. Section 8 re-enacted section 25 which commenced on 29 January 1990. Section 9 re-enacted section 27 which commenced on 29 January 1990. Section 10 re-enacted section 29 which commenced on 29 January 1990.
The Copyright Amendment Act (No. 1) 1998 received the Royal Assent on 30 July 1998.
(p) The Copyright Act 1968 was amended by Schedule 1 (item 338) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:
Act Notes
(q) Subsection 2(1) (items 33 and 34) of the Statute Law Revision Act 2002 provide as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Commencement information
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
33. Schedule 2, item 4 | Immediately after the time specified in the Copyright Amendment (Digital Agenda) Act 2000 for the commencement of item 41 of Schedule 1 to | 4 March 2001 |
that Act | ||
34. Schedule 2, item 5 | Immediately after the time specified in the Copyright Amendment (Digital Agenda) Act 2000 for the commencement of item 224 of Schedule 1 | 4 March 2001 |
to that Act |
(r) The Copyright Act 1968 was amended by Schedule 9 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001.
(s) Subsection 2(1) (items 4–9) of the Copyright Amendment (Parallel Importation) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Provision(s) | Commencement | Date/Details |
---|---|---|
4. Schedule 3, | Immediately after the commencement of the | 4 March 2001 |
items 1 to 3 | Copyright Amendment (Digital Agenda) Act 2000 | |
5. Schedule 3, | Immediately after the commencement of | 15 April 2003 |
item 4 | Schedule 1 to this Act |
6. Schedule 3, item 5 | Immediately after the commencement of the Copyright Amendment (Digital Agenda) Act 2000 | 4 March 2001 |
7. Schedule 3, item 6 | Immediately after the commencement of Schedule 1 to this Act | 15 April 2003 |
8. Schedule 3, item 7 | Immediately after the commencement of the Copyright Amendment (Digital Agenda) Act 2000 | 4 March 2001 |
9. Schedule 3, items 8 and 9 | Immediately after the commencement of Schedule 1 to this Act | 15 April 2003 |
Act Notes
Provision(s) | Commencement | Date/Details |
---|---|---|
2. Schedules 1 and | Immediately after the commencement of section 4 | 17 June 2004 |
2 | of the Designs Act 2003. |
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Provision(s) Commencement Date/Details
2. Schedule 1 The later of: 1 January 2005
However, the provision(s) do not commence at all
if the event mentioned in paragraph (b) does not
occur.
The Minister for Trade must announce by notice in
the Gazette the day on which the Agreement
comes into force for Australia.
12. Schedule 9, items 107 to 112 | 1 January 2005. | 1 January 2005 |
15. Schedule 9, item 120 | At the same time as the provisions covered by table item 2. However, if that time is the same time as the time at which the provisions covered by table item 12 commence, then item 120 commences immediately after those provisions commence. | 1 January 2005 |
17. Schedule 9, item 122 | At the same time as the provisions covered by table item 2. However, if that time is the same time as the time at which the provisions covered by table item 12 commence, then item 122 commences immediately after those provisions commence. | 1 January 2005 |
Act Notes
Provision(s) | Commencement | Date/Details |
---|---|---|
2. Schedule 1 | The later of: | 1 January 2005 |
(a) the start of the day on which this Act receives the Royal Assent; and (b) immediately after the commencement of the provisions covered by table item 2 in the table in section 2 of the US Free Trade Agreement Implementation Act 2004. | (paragraph (b) applies) | |
However, the provision(s) do not commence at all | ||
if the event mentioned in paragraph (b) does not | ||
occur. |
Provision(s) | Commencement | Date/Details |
---|---|---|
6. Schedule 1, items 8 and 9 | Immediately after the commencement of item 191 of Schedule 9 to the US Free Trade Agreement Implementation Act 2004. | 1 January 2005 |
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Provision(s) Commencement Date/Details
Part 2 (a) immediately after the commencement of Part 1 commence of Schedule 1 to this Act; and
(b) the time the Archives Amendment Act 2006 commences.
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
Act Notes
Provision(s) | Commencement | Date/Details |
---|---|---|
9. Schedule 12, | Immediately after the commencement of the | 1 January 2007 |
Part 1 | provisions covered by table item 2. |
10. Schedule 12, Part 2
The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
Does not commence
(y) Subsection 2(1) (items 31 and 38) of the Statute Law Revision Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Provision(s) | Commencement | Date/Details |
---|---|---|
31. Schedule 5, | The day this Act receives the Royal Assent. | 1 March 2010 |
items 1 to 51 |
38. Schedule 5, Immediately after the provision(s) covered by table 1 March 2010 Parts 2 and 3 item 31.
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Title ........................................... am. No. 32, 1989 (as am. by No. 107, 1993)
Part I
S. 3............................................ rep. No. 216, 1973
S. 4............................................ rs. No. 216, 1973
S. 8............................................ am. No. 154, 1980; No. 42, 1981 rs. No. 165, 1984
S. 8A ......................................... ad. No. 154, 1980 am. No. 141, 1994
S. 9............................................ am. No. 67, 1985
S. 9A ......................................... ad. No. 24, 2001
Part II
S. 10.......................................... am. No. 216, 1973; No. 160, 1977; No. 154, 1980; No. 113, 1981; No. 154, 1982; Nos. 7 and 136, 1983; Nos. 43 and 165, 1984; No. 67, 1985; Nos. 78 and 168, 1986; No. 146, 1988; No. 28, 1989; No. 32, 1989 (as am. by No. 107, 1993); Nos. 174 and 180, 1991; No. 105, 1992; Nos. 37 and 141, 1994; Nos. 104 and 105, 1998; No. 110, 2000; Nos. 34 and 148, 2003; No. 120, 2004; No. 158, 2006; am. Nos. 21 and 28, 2007; No. 113, 2008; No. 94, 2010
S. 10AA ..................................... ad. No. 105, 1998 Ss. 10AB, 10AC ........................ ad. No. 34, 2003
S. 10AD..................................... ad. No. 34, 2003 am. No. 34, 2003
S. 10A ....................................... ad. No. 165, 1984
am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998
S. 11.......................................... am. No. 141, 1994
S. 12.......................................... am. No. 216, 1973
S. 14.......................................... am. No. 154, 1980
S. 19.......................................... am. No. 216, 1973 Heading to s. 21 ........................ rs. No. 110, 2000
S. 21.......................................... am. No. 110, 2000 Subhead. to s. 22(1).................. ad. No. 120, 2004 Subhead. to s. 22(3).................. ad. No. 120, 2004 Subheads. to s. 22(4), (5) ......... ad. No. 120, 2004
S. 22.......................................... am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 110, 2000; No. 120, 2004; No. 158, 2006
S. 25.......................................... am. No. 110, 2000
S. 26.......................................... am. No. 141, 1994 rep. No. 110, 2000
S. 27.......................................... am. No. 32, 1989 (as am. by No. 107, 1993); No. 141, 1994; No. 110, 2000
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to s. 28 ........................ am. No. 158, 2006
S. 28.......................................... am. No. 154, 1980; No. 141, 1994; No. 158, 2006
S. 29.......................................... am. No. 154, 1980
S. 30A ....................................... ad. No. 149, 1994
Part III Division 1
S. 31.......................................... am. No. 154, 1980; No. 149, 1994; No. 110, 2000
S. 32.......................................... am. No. 141, 1994; No. 21, 2007
S. 33.......................................... am. No. 154, 1980; No. 110, 2000; No. 120, 2004
S. 34.......................................... am. No. 154, 1980; No. 120, 2004
S. 35.......................................... am. No. 141, 1994; No. 104, 1998
Division 2
S. 36.......................................... am. No. 110, 2000
S. 37.......................................... am. No. 174, 1991; No. 104, 1998
S. 38.......................................... am. No. 174, 1991; No. 141, 1994; No. 104, 1998; No. 158, 2006
S. 39.......................................... am. No. 141, 1994
S. 39A ....................................... ad. No. 154, 1980 am. No. 110, 2000 (as am. by No. 63, 2002); No. 34, 2003
S. 39B ....................................... ad. No. 110, 2000
Division 3
S. 40.......................................... am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993); No. 110, 2000; No. 158, 2006
S. 41A ....................................... ad. No. 158, 2006
S. 42.......................................... am. No. 110, 2000
S. 43.......................................... am. No. 154, 1980; No. 100, 1998
S. 43A ....................................... ad. No. 43, 1984 rep. No. 105, 1999 ad. No. 110, 2000
Heading to s. 43B...................... am. No. 154, 2004
S. 43B ....................................... ad. No. 120, 2004 am. No. 154, 2004
S. 43C ....................................... ad. No. 158, 2006
S. 44.......................................... am. No. 154, 1980
S. 44A ....................................... ad. No. 174, 1991 am. No. 104, 1998
S. 44B ....................................... ad. No. 37, 1994
S. 44C ....................................... ad. No. 104, 1998 am. No. 34, 2003
Note to s. 44C(1)....................... ad. No. 34, 2003
S. 44D ....................................... ad. No. 105, 1998 am. No. 34, 2003; No. 158, 2006
Ss. 44E, 44F ............................. ad. No. 34, 2003 am. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 4
S. 46.......................................... am. No. 110, 2000
S. 47.......................................... am. No. 154, 1980; No. 80, 1983; No. 141, 1994; No. 110, 2000; No. 113, 2008
S. 47AA ..................................... ad. No. 110, 2000 Heading to s. 47A...................... am. No. 104, 1998
S. 47A ....................................... ad. No. 78, 1986 am. Nos. 105 and 167, 1992; No. 104, 1998; No. 24, 2001
Division 4A
Div. 4A of Part III ...................... ad. No. 105, 1999
S. 47AB ..................................... ad. No. 110, 2000 Ss. 47B–47D ............................. ad. No. 105, 1999
am. No. 110, 2000 Ss. 47E–47H ............................. ad. No. 105, 1999
Division 4B
Div. 4B of Part III ...................... ad. No. 158, 2006
S. 47J ....................................... ad. No. 158, 2006
Division 5
Heading to Div. 5 of Part III ....... rs. No. 104, 1998
S. 48.......................................... rs. No. 154, 1980
S. 48A ....................................... ad. No. 165, 1984 Heading to s. 49 ........................ am. No. 110, 2000
S. 49.......................................... rs. No. 154, 1980 am. No. 165, 1984; No. 141, 1994; No. 110, 2000; No. 158, 2006 Note to s. 49(2) ......................... ad. No. 158, 2006 Note to s. 49(2C)....................... ad. No. 158, 2006
Note to s. 49.............................. ad. No. 158, 2006 Heading to s. 50 ........................ am. No. 110, 2000
S. 50.......................................... rs. No. 154, 1980 am. No. 165, 1984; No. 110, 2000; No. 158, 2006 Note to s. 50(2) ......................... ad. No. 158, 2006
Note to s. 50.............................. ad. No. 158, 2006 Heading to s. 51 ........................ am. No. 110, 2000
S. 51.......................................... am. No. 154, 1980; No. 141, 1994; No. 110, 2000; No. 120,
2004 Heading to s. 51AA ................... am. No. 110, 2000; No. 113, 2008
S. 51AA ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 110, 2000; No. 113, 2008
Heading to s. 51A...................... am. No. 110, 2000
S. 51A ....................................... ad. No. 154, 1980 am. No. 78, 1986; No. 141, 1994; No. 110, 2000; No. 158, 2006
Note to s. 51A(4) ....................... ad. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 51B ...................................... ad. No. 158, 2006 Heading to s. 52 ........................ am. No. 104, 1998
S. 52.......................................... am. No. 91, 1983; No. 110, 2000
S. 53.......................................... am. No. 154, 1980; No. 34, 2003
Div. 5A of Part III ...................... ad. No. 154, 1980 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 53A ....................................... ad. No. 154, 1980 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 53B ....................................... ad. No. 154, 1980 am. No. 165, 1984 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 53C ....................................... ad. No. 154, 1980 am. No. 91, 1983 rep. No. 32, 1989 (as am. by No. 107, 1993)
Div. 5B of Part III ...................... ad. No. 154, 1980 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 53D ....................................... ad. No. 154, 1980 am. No. 165, 1984 rep. No. 32, 1989 (as am. by No. 107, 1993)
Division 6
S. 54.......................................... am. No. 32, 1989 (as am. by No. 107, 1993); No. 158, 2006
S. 55.......................................... am. No. 154, 1980; No. 61, 1981; No. 32, 1989 (as am. by No. 107, 1993); No. 159, 2000; No. 158, 2006
S. 56.......................................... am. No. 154, 1980 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 57.......................................... am. No. 154, 1980
S. 58.......................................... am. No. 154, 1980 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 59.......................................... am. No. 154, 1980; No. 141, 1994; No. 158, 2006
Ss. 62, 63 .................................. am. No. 154, 1980 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 64.......................................... am. No. 154, 1980
Division 7
S. 65.......................................... am. No. 154, 1980
S. 68.......................................... am. No. 154, 1980
S. 69.......................................... am. No. 154, 1980 rep. No. 110, 2000
S. 70.......................................... am. No. 154, 1980; No. 80, 1983; No. 141, 1994; No. 113, 2008
S. 71.......................................... rep. No. 32, 1989 (as am. by No. 107, 1993)
Division 8
Heading to Div. 8 of Part III ....... am. No. 42, 1981
S. 74.......................................... am. No. 216, 1973; No. 42, 1981 rs. No. 32, 1989 (as am. by No. 107, 1993) am. No. 148, 2003
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 75.......................................... am. No. 42, 1981 rs. No. 32, 1989 (as am. by No. 107, 1993) am. No. 148, 2003
S. 76.......................................... am. No. 42, 1981 rs. No. 148, 2003
S. 77.......................................... am. No. 154, 1980; No. 42, 1981 rs. No. 32, 1989 (as am. by No. 107, 1993) am. No. 148, 2003
S. 77A ....................................... ad. No. 148, 2003
Division 9
Ss. 79, 80 .................................. am. No. 154, 1980
S. 81.......................................... am. No. 154, 1980; No. 120, 2004
S. 82.......................................... am. No. 154, 1980; No. 141, 1994
S. 83.......................................... am. No. 154, 1980
Part IV Division 1
S. 84.......................................... rs. No. 120, 2004 am. No. 21, 2007
Division 2
S. 85.......................................... am. No. 154, 1980; No. 149, 1994; No. 110, 2000
S. 86.......................................... am. No. 110, 2000
S. 87.......................................... am. No. 154, 1980; No. 110, 2000
S. 88.......................................... am. No. 110, 2000
Division 3
S. 91.......................................... am. No. 160, 1977; Nos. 7 and 136, 1983; No. 78, 1986 rs. No. 146, 1988 am. No. 180, 1991; No. 167, 1992; No. 104, 1998 rs. No. 110, 2000
S. 91A ....................................... ad. No. 104, 1998 rep. No. 110, 2000
S. 92.......................................... am. No. 154, 1980
Division 4
Ss. 93, 94 .................................. am. No. 154, 1980; No. 120, 2004 Ss. 95, 96 .................................. am. No. 154, 1980
Division 5 Subdivision A
Heading to Subdiv. A of ............ ad. No. 120, 2004 Div. 5 of Part IV
S. 97.......................................... am. No. 120, 2004
S. 98.......................................... am. No. 130, 2005; No. 158, 2006
S. 99.......................................... am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 146, 1988; No. 180, 1991; No. 104, 1998 rs. No. 110, 2000
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Subdivision B
Subdiv. B of Div. 5 of Part IV..... ad. No. 120, 2004 Ss. 100AA–100AF..................... ad. No. 120, 2004
S. 100AG................................... ad. No. 120, 2004 am. No. 158, 2006
S. 100AH................................... ad. No. 120, 2004 Note to s. 100AH....................... am. No. 94, 2010
Division 6
S. 100A ..................................... ad. No. 78, 1986
S. 101........................................ am. No. 154, 1980; No. 110, 2000
S. 102........................................ am. No. 174, 1991; Nos. 104 and 105, 1998; No. 34, 2003
S. 103........................................ am. No. 174, 1991; No. 141, 1994; No. 104 and 105, 1998; No. 34, 2003; No. 158, 2006
S. 103A ..................................... ad. No. 78, 1986
S. 103AA ................................... ad. No. 158, 2006
S. 103B ..................................... ad. No. 78, 1986 am. No. 110, 2000
S. 103C ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
S. 104........................................ rs. No. 154, 1980 am. No. 100, 1998
S. 104A ..................................... ad. No. 165, 1984
S. 104B ..................................... ad. No. 110, 2000
S. 105........................................ am. No. 154, 1980
S. 107........................................ am. No. 154, 1980; No. 80, 1983; No. 141, 1994; No. 110, 2000; No. 113, 2008
S. 108........................................ am. No. 154, 1980; No. 141, 1994
S. 109........................................ am. No. 154, 1980; No. 141, 1994; No. 104, 1998
S. 109A ..................................... ad. No. 158, 2006 am. No. 8, 2010
S. 110........................................ am. No. 154, 1980
S. 110AA ................................... ad. No. 158, 2006 Heading to s. 110A.................... am. No. 110, 2000
S. 110A ..................................... ad. No. 78, 1986 am. No. 110, 2000
Heading to s. 110B.................... am. No. 110, 2000
S. 110B ..................................... ad. No. 78, 1986 am. No. 110, 2000
Note to s. 110B(3) ..................... ad. No. 158, 2006
S. 110BA ................................... ad. No. 158, 2006
S. 110C ..................................... ad. No. 110, 2000
S. 111........................................ am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993) rs. No. 158, 2006
S. 111A ..................................... ad. No. 110, 2000
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to s. 111B.................... am. No. 154, 2004
S. 111B ..................................... ad. No. 120, 2004 am. No. 154, 2004
S. 112........................................ rs. No. 154, 1980
am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998; No. 158, 2006
S. 112A ..................................... ad. No. 174, 1991 am. No. 104, 1998
S. 112AA ................................... ad. No. 158, 2006
S. 112B ..................................... ad. No. 37, 1994
S. 112C ..................................... ad. No. 104, 1998 am. No. 158, 2006
Note to s. 112C(1)..................... ad. No. 34, 2003
S. 112D ..................................... ad. No. 105, 1998 am. No. 158, 2006
S. 112DA................................... ad. No. 34, 2003 am. No. 158, 2006
S. 112E ..................................... ad. No. 110, 2000
Division 7
S. 113........................................ am. No. 154, 1980 Ss. 113A–113C ......................... ad. No. 120, 2004
Part V
Heading to Part V...................... rs. No. 110, 2000
Division 2
S. 115........................................ am. No. 110, 2000; No. 34, 2003; No. 158, 2006
S. 116........................................ am. No. 141, 1994; No. 104, 1998; No. 110, 2000
S. 116AAA................................. ad. No. 120, 2004
Division 2AA
Div. 2AA of Part V ..................... ad. No. 120, 2004
Subdivision A
S. 116AA ................................... ad. No. 120, 2004
S. 116AB ................................... ad. No. 120, 2004 am. No. 154, 2004; No. 9, 2006
Subdivision B
Ss. 116AC–116AF .................... ad. No. 120, 2004
Subdivision C
S. 116AG................................... ad. No. 120, 2004
Subdivision D
S. 116AH................................... ad. No. 120, 2004 am. No. 154, 2004
S. 116AI .................................... ad. No. 120, 2004
Subdivision E
S. 116AJ.................................... ad. No. 120, 2004
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 2A
Heading to Div. 2A of Part V ..... Div. 2A of Part V........................
S. 116A .....................................
Subdivision A
Subdiv. A of Div. 2A of .............. Part V
Ss. 116AK–116AQ ....................
Subdivision B
Heading to Subdiv. B of ............ Div. 2A of Part V
S. 116B .....................................
Heading to s. 116C ...................
S. 116C .....................................
rs. No. 158, 2006 ad. No. 110, 2000 ad. No. 110, 2000 rep. No. 158, 2006
ad. No. 158, 2006
ad. No. 158, 2006
ad. No. 158, 2006
ad. No. 110, 2000 am. No. 120, 2004
rs. No. 120, 2004
ad. No. 110, 2000 am. No. 120, 2004
Ss. 116CA, 116CB .................... ad. No. 120, 2004
Heading to s. 116D ...................
S. 116D .....................................
Division 3
S. 119........................................
S. 120........................................
S. 122........................................
S. 123........................................ Note to s. 123............................
S. 124........................................ Note to s. 124............................
S. 125........................................
Division 4
am. No. 120, 2004; No. 158, 2006
ad. No. 110, 2000 am. No. 120, 2004; No. 158, 2006
am. No. 154, 1980; No. 141, 1994 am. No. 154, 1980 am. No. 154, 1980 am. No. 154, 1980 ad. No. 120, 2004 am. No. 154, 1980 ad. No. 120, 2004 am. No. 154, 1980; No. 141, 1994
Heading to Div. 4 of Part V........ rs. No. 78, 1986
S. 126........................................ am. No. 141, 1994 Heading to s. 126A.................... am. No. 158, 2006
S. 126A ..................................... ad. No. 34, 2003 am. No. 158, 2006 Heading to s. 126B.................... am. No. 158, 2006
S. 126B .....................................
S. 127........................................
S. 128........................................
S. 129........................................
S. 129A .....................................
ad. No. 34, 2003 am. No. 158, 2006 am. No. 154, 1980; No. 141, 1994; No. 120, 2004 am. No. 154, 1980; No. 120, 2004 am. No. 154, 1980; No. 141, 1994 ad. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 130........................................ am. No. 34, 2003; No. 154, 2004 rs. No. 158, 2006
S. 130A ..................................... ad. No. 105, 1998 am. No. 158, 2006
Ss. 130B, 130C ......................... ad. No. 34, 2003 am. No. 158, 2006
Heading to s. 131 ...................... rs. No. 158, 2006
S. 131........................................ am. No. 154, 1980; No. 141, 1994; No. 158, 2006
Division 4A
Heading to Div. 4A of Part V ..... rs. No. 23, 1987 Div. 4A of Part V ....................... ad. No. 19, 1979
S. 131A ..................................... ad. No. 19, 1979
S. 131B ..................................... ad. No. 19, 1979 am. No. 23, 1987
S. 131C ..................................... ad. No. 23, 1987
S. 131D ..................................... ad. No. 34, 2003
Division 5
Subhead. to s. 132(1)................ ad. No. 120, 2004 rep. No. 158, 2006
Subheads. to s. 132(5),............. ad. No. 120, 2004 (5AA), (5A) rep. No. 158, 2006
Subhead. to s. 132(5E) ............. ad. No. 120, 2004 rep. No. 158, 2006
Subhead. to s. 132(5F) ............. ad. No. 120, 2004 rep. No. 158, 2006
Subheads. to s. 132(6),............. ad. No. 120, 2004 (6AA) rep. No. 158, 2006
Subhead. to s. 132(7)................ ad. No. 120, 2004 rep. No. 158, 2006
Subhead. to s. 132(9)................ ad. No. 120, 2004 rep. No. 158, 2006
S. 132........................................ am. No. 154, 1980; No. 43, 1984; No. 78, 1986; Nos. 104 and 105, 1998; No. 110, 2000; No. 34, 2003; Nos. 120 and 154, 2004
rep. No. 158, 2006
Note to s. 132(1) ....................... ad. No. 120, 2004 rep. No. 158, 2006
Subdivision A
Subdiv. A of Div. 5 of Part V...... ad. No. 158, 2006 Ss. 132AA, 132AB .................... ad. No. 158, 2006
Subdivision B
Subdiv. B of Div. 5 of Part V...... ad. No. 158, 2006
S. 132AC................................... ad. No. 158, 2006 am. No. 113, 2008
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Subdivision C
Subdiv. C of Div. 5 of Part V ..... ad. No. 158, 2006 Ss. 132AD–132AM.................... ad. No. 158, 2006
Subdivision D
Subdiv. D of Div. 5 of Part V ..... ad. No. 158, 2006 Ss. 132AN, 132AO.................... ad. No. 158, 2006
Subdivision E
Subdiv. E of Div. 5 of Part V...... ad. No. 158, 2006 Ss. 132APA, 132APB................ ad. No. 158, 2006 Ss. 132APC–132APE ............... ad. No. 156, 2006 am. No. 113, 2008
Subdivision F
Subdiv. F of Div. 5 of Part V...... ad. No. 158, 2006 Ss. 132AQ–132AS .................... ad. No. 158, 2006
S. 132AT ................................... ad. No. 158, 2006 am. No. 113, 2008
Subdivision G
Subdiv. G of Div. 5 of Part V ..... ad. No. 158, 2006
S. 132AU................................... ad. No. 158, 2006
S. 132A ..................................... ad. No. 34, 2003 am. No. 158, 2006
S. 132AAA................................. ad. No. 158, 2006
S. 132B ..................................... ad. No. 34, 2003 am. No. 154, 2004 rs. No. 158, 2006
S. 132C ..................................... ad. No. 158, 2006
Subdivision H
Subdiv. H of Div. 5 of Part V ..... ad. No. 158, 2006 Heading to s. 133 ...................... rs. No. 105, 1998; No. 158, 2006
S. 133........................................ am. No. 154, 1980; No. 91, 1983; No. 78, 1986; Nos. 104 and 105, 1998; No. 110, 2000 rs. No. 158, 2006
Subdivision I
Subdiv. I of Div. 5 of Part V ....... ad. No. 158, 2006 Heading to s. 133A.................... am. No. 34, 2003 rs. No. 158, 2006
S. 133A ..................................... ad. No. 43, 1984 am. No. 78, 1986; No. 105, 1998; No. 34, 2003 rs. No. 158, 2006
S. 133B ..................................... ad. No. 158, 2006
Division 6
S. 134........................................ am. No. 104, 1998; No. 110, 2000; No. 120, 2004; No. 158, 2006
S. 134A ..................................... ad. No. 78, 1986 am. No. 149, 1994
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 7
Heading to Div. 7 of Part V........ ad. No. 149, 1994
S. 134B ..................................... ad. No. 149, 1994 am. No. 104, 1998
S. 135........................................ am. No. 216, 1973; No. 91, 1976; No. 19, 1979; No. 154, 1980; No. 80, 1982; No. 65, 1985; No. 32, 1989 (as am. by No.107, 1993); Nos. 141 and 149, 1994; Nos. 104 and 105, 1998; No. 34, 2003; No. 158, 2006
S. 135AA ................................... ad. No. 149, 1994 am. No. 104, 1998 rs. No. 158, 2006
Ss. 135AB–135AI...................... ad. No. 149, 1994 am. No. 104, 1998
S. 135AJ.................................... ad. No. 149, 1994 am. No. 104, 1998 rs. No. 158, 2006
S. 135AK ................................... ad. No. 149, 1994 am. No. 104, 1998
Part VAA
Part VAA ................................... ad. No. 110, 2000 rs. No. 158, 2006
Division 1
S. 135AL ................................... ad. No. 110, 2000 am. No. 120, 2004 rs. No. 158, 2006
S. 135AM .................................. ad. No. 110, 2000 rs. No. 158, 2006
Subheads. to s. 135AN(1),........ ad. No. 120, 2004
(2) rep. No. 158, 2006
Subhead. to s. 135AN(4)........... ad. No. 120, 2004 rep. No. 158, 2006
Subheads. to s. 135AN(7),........ ad. No. 120, 2004
(8) rep. No. 158, 2006
S. 135AN................................... ad. No. 110, 2000 am. No. 120, 2004 rs. No. 158, 2006
Heading to s. 135ANA............... am. No. 120, 2004 rep. No. 158, 2006
Subheads. to s. 135ANA(1), ..... ad. No. 120, 2004
(2) rep. No. 158, 2006
Subhead. to s. 135ANA(4) ........ ad. No. 120, 2004 rep. No. 158, 2006
Subhead. to s. 135ANA(7) ........ ad. No. 120, 2004 rep. No. 158, 2006
S. 135ANA ................................ ad. No. 110, 2000 am. No. 120, 2004 rep. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 2 Subdivision A
S. 135AOA ................................ ad. No. 158, 2006
Subdivision B
S. 135AOB ................................ ad. No. 158, 2006
Subdivision C
Ss. 135AOC, 135AOD .............. ad. No. 158, 2006
Subdivision D
S. 135AOE, 135AOF................. ad. No. 158, 2006
Subdivision E
Ss. 135AP–135AR ....................
S. 135ARA ................................ Subhead. to s. 135AS(1)........... Subheads. to s. 135AS(2), ........
ad. No. 110, 2000 rs. No. 158, 2006
ad. No. 34, 2003 rep. No. 158, 2006
ad. No. 120, 2004 rep. No. 158, 2006
ad. No. 120, 2004 rep. No. 158, 2006
ad. No. 120, 2004 rep. No. 158, 2006
ad. No. 110, 2000 am. Nos. 120 and 154, 2004 rs. No. 158, 2006
Note to s. 135AS(1)................... ad. No. 120, 2004
Division 3 Subdivision A
Ss. 135ASA–35ASJ ..................
Subdivision B
S. 135ATA.................................
S. 135AT ...................................
Subdivision C
S. 135AU...................................
Part VA
rep. No. 158, 2006
ad. No. 158, 2006
ad. No. 158, 2006 ad. No. 110, 2000 rep. No. 158, 2006
ad. No. 110, 2000 rs. No. 158, 2006
Heading to Part VA ................... rs. No. 104, 1998; No. 110, 2000 Part VA ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
Division 1
S. 135A ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 120, 2004
Heading to s. 135B.................... am. No. 104, 1998 rs. No. 110, 2000
S. 135B ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 135C ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) rep. No. 104, 1998 ad. No. 158, 2006 am. No. 28, 2007
S. 135D ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
Division 2
Heading to Div. 2 of Part VA ..... rs. No. 104, 1998; No. 110, 2000
Heading to s. 135E.................... am. No. 104, 1998 rs. No. 110, 2000
S. 135E ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 120, 2004
Heading to s. 135F.................... rs. No. 110, 2000
S. 135F...................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 120, 2004
S. 135G ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
S. 135H ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 120, 2004
S. 135J ...................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
am. No. 104, 1998; No. 110, 2000; No. 120, 2004; No. 158, 2006
S. 135JAA ................................. ad. No. 158, 2006
S. 135JA.................................... ad. No. 110, 2000 am. No. 120, 2004
Subhead. to s. 135K(1) ............. ad. No. 158, 2006 Subhead. to s. 135K(3) ............. ad. No. 158, 2006
S. 135K ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 158, 2006
S. 135KA ................................... ad. No. 110, 2000 am. No. 120, 2004
S. 135L...................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 158, 2006
S. 135M..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
S. 135N ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Division 3
Heading to s. 135P.................... am. No. 158, 2006
S. 135P ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
am. No. 104, 1998; No. 110, 2000; No. 120, 2004; No. 158, 2006
S. 135Q ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 120, 2004; No. 158, 2006
Ss. 135R, 135S ......................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 158, 2006
S. 135SA ................................... ad. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 4
S. 135T...................................... ad. No. 32, 1989 (as am. by No. 107, 1993) Ss. 135U–135W ........................ ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000 Ss. 135X, 135Y ......................... ad. No. 32, 1989 (as am. by No. 107, 1993)
Division 5
Heading to s. 135Z.................... am. No. 120, 2004
S. 135Z...................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998 rs. No. 110, 2000 am. No. 120, 2004
S. 135ZA ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Part VB
Heading to Part VB ................... rs. No. 110, 2000 Part VB ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
Division 1
S. 135ZB ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 120, 2004
S. 135ZC ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998
S. 135ZD ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) rep. No. 104, 1998
Ss. 135ZE, 135ZF ..................... ad. No. 32, 1989 (as am. by No. 107, 1993)
S. 135ZFA ................................. ad. No. 110, 2000
Division 2
Heading to Div. 2 of Part VB ..... rs. No. 110, 2000
S. 135ZGA ................................ ad. No. 110, 2000 Heading to s. 135ZG ................. rs. No. 110, 2000
S. 135ZG................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 110, 2000
S. 135ZH ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) rs. No. 110, 2000
Heading to s. 135ZJ .................. rs. No. 110, 2000
S. 135ZJ.................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 110, 2000
S. 135ZK ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) rs. No. 110, 2000
Heading to s. 135ZL.................. rs. No. 110, 2000
S. 135ZL.................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 110, 2000
Heading to s. 135ZM................. rs. No. 110, 2000
S. 135ZM................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 2A
Div. 2A of Part VB ..................... ad. No. 110, 2000
S. 135ZMA ................................ ad. No. 110, 2000 Subhead. to s. 135ZMB(1) ........ ad. No. 158, 2006 Subhead. to s. 135ZMB(3) ........ ad. No. 158, 2006 Subhead. to s. 135ZMB(4) ........ ad. No. 158, 2006
S. 135ZMB ................................ ad. No. 110, 2000 am. No. 158, 2006
Ss. 135ZMC, 135ZMD .............. ad. No. 110, 2000
S. 135ZMDA.............................. ad. No. 158, 2006
S. 135ZME ................................ ad. No. 110, 2000
Division 3
Heading to Div. 3 of Part VB ..... rs. No. 104, 1998; No. 110, 2000
Heading to s. 135ZN ................. am. No. 104, 1998 rs. No. 110, 2000
S. 135ZN ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998 rs. No. 110, 2000
Heading to s. 135ZP ................. am. No. 104, 1998; No. 110, 2000
S. 135ZP ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Heading to s. 135ZQ ................. am. No. 104, 1998; No. 110, 2000
S. 135ZQ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Division 4
Heading to Div. 4 of Part VB ..... rs. No. 104, 1998; No. 110, 2000
Heading to s. 135ZR ................. am. No. 104, 1998 rs. No. 110, 2000
S. 135ZR ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998 rs. No. 110, 2000
Heading to s. 135ZS ................. am. No. 104, 1998; No. 110, 2000
S. 135ZS ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Heading to s. 135ZT.................. am. No. 104, 1998 rs. No. 110, 2000
S. 135ZT ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Division 5
S. 135ZU ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 110, 2000
S. 135ZV ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 158, 2006
S. 135ZW .................................. ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 158, 2006
S. 135ZWAA ............................. ad. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 135ZWA................................ ad. No. 110, 2000 Heading to s. 135ZX ................. rs. No. 110, 2000 Subhead. to s. 135ZX(1) ........... ad. No. 158, 2006 Subheads. to s. 135ZX(3), ........ ad. No. 158, 2006
(4)
S. 135ZX ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 110, 2000; No. 158, 2006
S. 135ZXA................................. ad. No. 110, 2000
S. 135ZY ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 110, 2000; No. 158, 2006
S. 135ZZ ................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
S. 135ZZA ................................. ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
Division 6
S. 135ZZB ................................. ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000; No. 158, 2006
Ss. 135ZZC–135ZZE ................ ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 158, 2006
S. 135ZZEA............................... ad. No. 158, 2006
Division 7
Ss. 135ZZF, 135ZZG ................ ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
S. 135ZZH................................. ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 110, 2000
Part VC
Part VC ..................................... ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000
Division 1
S. 135ZZI .................................. ad. No. 110, 2000 am. No. 120, 2004; No. 158, 2006
S. 135ZZJ.................................. ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000
S. 135ZZJA ............................... ad. No. 110, 2000 am. Nos. 8 and 94, 2010
Division 2
Ss. 135ZZK–135ZZN ................ ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000 Ss. 135ZZP–135ZZS ................ ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000
Division 3
Ss. 135ZZT–135ZZW................ ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000 am. No. 158, 2006
S. 135ZZWA.............................. ad. No. 158, 2006
Division 4
Ss. 135ZZX–135ZZZ................. ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000 Ss. 135ZZZA, 135ZZZB ............ ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000
Division 5
Ss. 135ZZZC–135ZZZE............ ad. No. 110, 2000
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part VD
Part VD...................................... ad. No. 94, 2010
Division 1
Ss. 135ZZZF–135ZZZH ............ ad. No. 94, 2010
Division 2
Ss. 135ZZZI–135ZZZN ............. ad. No. 94, 2010
Division 3
Ss. 135ZZZO–135ZZZS............ ad. No. 94, 2010
Division 4
Ss. 135ZZZT–135ZZZX ............ ad. No. 94, 2010
Division 5
Ss. 135ZZZY, 135ZZZZ ............ ad. No. 94, 2010
S. 135ZZZZA............................. ad. No. 94, 2010
Part VI
Heading to Part VI..................... rs. No. 158, 2006
Division 1
S. 136........................................ am. No. 154, 1980; No. 26, 1982; No. 78, 1986; No. 104, 1998; No. 110, 2000; No. 158, 2006
Division 2
S. 138........................................ am. No. 154, 1980 rs. No. 26, 1982 am. No. 104, 1998; No. 158, 2006
S. 140........................................ am. No. 216, 1973; No. 154, 1980 rs. No. 26, 1982 am. No. 141, 1994; No. 104, 1998
S. 141........................................ am. No. 154, 1980; No. 26, 1982; No. 141, 1994; No. 104, 1998
S. 141A ..................................... ad. No. 104, 1998
S. 142........................................ am. No. 26, 1982; No. 141, 1994 rs. No. 104, 1998
S. 143........................................ rs. No. 26, 1982 am. No. 141, 1994
S. 144........................................ am. No. 141, 1994
S. 144A ..................................... ad. No. 154, 1980 am. No. 141, 1994
S. 144B ..................................... ad. No. 154, 1980 am. No. 26, 1982; No. 141, 1994
S. 145........................................ rs. No. 141, 1994
S. 146........................................ am. No. 154, 1980; No. 26, 1982; No. 141, 1994; No. 104, 1998
S. 147........................................ am. No. 154, 1980; No. 26, 1982
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 3
Heading to Div. 3 of Part VI....... rs. No. 104, 1998
Subdivision A
Heading to Subdiv. A of ............ ad. No. 158, 2006 Div. 3 of Part VI
S. 148........................................ am. No. 154, 1980 rep. No. 32, 1989 (as am. by No. 107, 1993) ad. No. 104, 1998
Subdivision B
Heading to Subdiv. B of ............ ad. No. 158, 2006 Div. 3 of Part VI
S. 149........................................ am. No. 154, 1980
S. 149A ..................................... ad. No. 154, 1980 rs. No. 78, 1986 am. No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998
Ss. 150, 151 .............................. am. No. 154, 1980
S. 152........................................ am. No. 216, 1973; No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 67, 1985; No. 78, 1986; No. 146, 1988; No. 180, 1991; No. 141, 1994; No. 104, 1998; No. 110, 2000; No. 45, 2005
Ss. 152A, 152B ......................... ad. No. 32, 1989 (as am. by No. 107, 1993)
S. 153........................................ am. No. 154, 1980
Subdivision C
Heading to Subdiv. C of ............ ad. No. 158, 2006 Div. 3 of Part VI
Heading to s. 153A.................... am. No. 110, 2000
S. 153A ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
S. 153B ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
S. 153BAAA .............................. ad. No. 158, 2006
S. 153BA ................................... ad. No. 110, 2000 Ss. 153BAA–153BAD ............... ad. No. 158, 2006
Subdivision D
Heading to Subdiv. D of ............ ad. No. 158, 2006 Div. 3 of Part VI
S. 153BB ................................... ad. No. 110, 2000
Heading to s. 153C ................... rs. No. 110, 2000 am. No. 34, 2003
S. 153C ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998; No. 110, 2000
S. 153D ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
S. 153DAA ................................ ad. No. 158, 2006
S. 153DA................................... ad. No. 110, 2000 Ss. 153DB–153DE .................... ad. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Subdivision E
Heading to Subdiv. E of ............ ad. No. 158, 2006 Div. 3 of Part VI
S. 153E ..................................... ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 104, 1998
Ss. 153F, 153G ......................... ad. No. 104, 1998 am. No. 158, 2006
S. 153H ..................................... ad. No. 104, 1998
S. 153J ...................................... ad. No. 104, 1998 am. No. 158, 2006
S. 153K ..................................... ad. No. 104, 1998
S. 153KA ................................... ad. No. 158, 2006
Subdivision F
Heading to Subdiv. F of............. ad. No. 158, 2006 Div. 3 of Part VI
S. 153L...................................... ad. No. 104, 1998
Subdivision G
Heading to Subdiv. G of ............ ad. No. 158, 2006 Div. 3 of Part VI
S. 153M..................................... ad. No. 110, 2000 am. No. 158, 2006
S. 153N ..................................... ad. No. 110, 2000 Ss. 153P–153R ......................... ad. No. 158, 2006
Subdivision GA
Subdiv. GA of Div. 3 of.............. ad. No. 94, 2010 Part VI
S. 153RA................................... ad. No. 94, 2010 Ss. 153S–153W ........................ ad. No. 94, 2010
Subdivision H
Heading to Subdiv. H of ............ ad. No. 158, 2006 Div. 3 of Part VI
S. 154........................................ am. No. 141, 1994; No. 158, 2006 Ss. 155, 156 .............................. am. No. 141, 1994; No. 154, 1980; No. 158, 2006 Subheads. to s. 157(1)–(3) ....... ad. No. 158, 2006 Subhead. to s. 157(5)................ ad. No. 158, 2006 Subhead. to s. 157(7)................ ad. No. 158, 2006
S. 157........................................ am. No. 141, 1994; No. 154, 1980; No. 158, 2006 Note to s. 157(5) ....................... ad. No. 158, 2006 Ss. 157A, 157B ......................... ad. No. 158, 2006
S. 158........................................ am. No. 141, 1994; No. 154, 1980 Subhead. to s. 159(1)................ ad. No. 158, 2006 Subhead. to s. 159(4)................ ad. No. 158, 2006
S. 159........................................ am. No. 141, 1994; No. 154, 1980; No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Ss. 159A, 159B ......................... ad. No. 154, 1980 am. No. 91, 1983 rep. No. 32, 1989 (as am. by No. 107, 1993)
Subdivision I
Heading to Subdiv. I of.............. ad. No. 158, 2006 Div. 3 of Part VI
S. 161........................................ am. No. 19, 1979; No. 154, 1980; No. 104, 1998
Division 4
S. 163A ..................................... ad. No. 154, 1980 am. No. 141, 1994
S. 166........................................ am. No. 19, 1979; No. 154, 1980; No. 104, 1998
S. 167........................................ am. No. 104, 1998; No. 158, 2006
S. 168........................................ am. No. 158, 2006
S. 169........................................ am. No. 216, 1973
Division 4A
Div. 4A of Part VI....................... ad. No. 158, 2006 Ss. 169A–169G......................... ad. No. 158, 2006
Division 5
S. 170........................................ am. No. 146, 1999 rs. No. 158, 2006
S. 170A ..................................... ad. No. 158, 2006 Heading to s. 171 ...................... rs. No. 158, 2006
S. 171........................................ am. No. 141, 1994; No. 158, 2006
S. 172........................................ am. No. 154, 1980; No. 141, 1994; No. 24, 2001 rs. No. 158, 2006
S. 173........................................ am. No. 154, 1980; No. 141, 1994 rs. No. 158, 2006
S. 174........................................ am. No. 154, 1980; No. 78, 1986; No. 104, 1998; No. 158, 2006
S. 175........................................ am. No. 158, 2006
Part VII
Heading to Div. 1....................... ad. No. 104, 1998 of Part VII
Division 1
Ss. 180, 181 .............................. am. No. 154, 1980
S. 182A ..................................... ad. No. 154, 1980 am. No. 141, 1994
Division 2
Div. 2 of Part VII ........................ ad. No. 104, 1998 Ss. 182B, 182C ......................... ad. No. 104, 1998
S. 183........................................ am. No. 19, 1979; No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993); No. 141, 1994; No. 110, 2000
Ss. 183A–183E ......................... ad. No. 104, 1998
S. 183F...................................... ad. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part VIII
S. 184........................................ am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78,
1986; No. 146, 1988; No. 32, 1989 (as am. by No. 107,
1993); No. 180, 1991; No. 104, 1998; No. 110, 2000;
No. 45, 2005; No. 73, 2008
Ss. 185, 186 .............................. am. No. 154, 1980
Ss. 187, 188 .............................. am. No. 154, 1980; No. 120, 2004
Part IX
Heading to Part IX .................... rs. No. 120, 2004 Part IX ...................................... rs. No. 159, 2000
Division 1
S. 189........................................ rs. No. 159, 2000 am. No. 159, 2000; No. 120, 2004
S. 190........................................ rs. No. 159, 2000
S. 191........................................ am. No. 141, 1994 rs. No. 159, 2000
Ss. 191A, 191B ......................... ad. No. 120, 2004
S. 192........................................ am. No. 141, 1994 rs. No. 159, 2000 am. No. 120, 2004
Division 2
S. 193........................................ rs. No. 159, 2000
S. 194........................................ am. No. 154, 1980; No. 141, 1994 rs. No. 159, 2000 am. No. 159, 2000
S. 195........................................ rs. No. 159, 2000
S. 195AA ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) rs. No. 159, 2000
S. 195AB ................................... ad. No. 159, 2000
Division 2A
Div. 2A of Part IX....................... ad. No. 120, 2004 Ss. 195ABA–195ABE................ ad. No. 120, 2004
Division 3
S. 195AC................................... ad. No. 159, 2000 Ss. 195AD–195AF .................... ad. No. 159, 2000 am. No. 159, 2000 Ss. 195AG, 195AH.................... ad. No. 159, 2000
Division 3A
Div. 3A of Part IX....................... ad. No. 120, 2004 Ss. 195AHA–195AHC............... ad. No. 120, 2004
Division 4
Ss. 195AI–195AL ...................... ad. No. 159, 2000
Division 4A
Div. 4A of Part IX....................... ad. No. 120, 2004 Ss. 195ALA, 195ALB ................ ad. No. 120, 2004
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 5 Subdivision A
Heading to Subdiv. A of ............ ad. No. 120, 2004 Div. 5 of Part IX
Heading to s. 195AM................. am. No. 120, 2004
S. 195AM .................................. ad. No. 159, 2000 Heading to s. 195AN ................. am. No. 120, 2004
S. 195AN................................... ad. No. 159, 2000
Subdivision B
Subdiv. B of Div. 5 of Part IX..... ad. No. 120, 2004 Ss. 195ANA, 195ANB ............... ad. No. 120, 2004
Division 6 Subdivision A
Heading to Subdiv. A of ............ ad. No. 120, 2004 Div. 6 of Part IX
Ss. 195AO, 195AP .................... ad. No. 159, 2000 am. No. 120, 2004
S. 195AQ................................... ad. No. 159, 2000 am. No. 159, 2000; No. 120, 2004
Ss. 195AR–195AV .................... ad. No. 159, 2000
Ss. 195AVA, 195AVB................ ad. No. 159, 2000 am. No. 120, 2004
S. 195AW .................................. ad. No. 159, 2000 Ss. 195AWA, 195AWB.............. ad. No. 159, 2000
S. 195AX ................................... ad. No. 159, 2000
Subdivision B
Subdiv. B of Div. 6 of Part IX..... ad. No. 120, 2004 Ss. 195AXA–195AXL ................ ad. No. 120, 2004
Division 7 Subdivision A
Heading to Subdiv. A of ............ ad. No. 120, 2004 Div. 7 of Part IX
S. 195AY ................................... ad. No. 159, 2000 am. No. 120, 2004
Heading to s. 195AZ ................. am. No. 120, 2004
S. 195AZ ................................... ad. No. 159, 2000 Heading to s. 195AZA ............... am. No. 120, 2004
S. 195AZA................................. ad. No. 159, 2000
S. 195AZB................................. ad. No. 159, 2000 rep. No. 120, 2004
S. 195AZC................................. ad. No. 159, 2000 am. No. 34, 2003 rep. No. 120, 2004
S. 195AZD................................. ad. No. 159, 2000
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Heading to s. 195AZE ............... am. No. 120, 2004 Ss. 195AZE–195AZG................ ad. No. 159, 2000
Subdivision B
Subdiv. B of Div. 7 of Part IX..... ad. No. 120, 2004 Ss. 195AZGA–195AZGF........... ad. No. 120, 2004
Subdivision C
Subdiv. C of Div. 7 of Part IX .... ad. No. 120, 2004 Ss. 195AZGG, 195AZGH.......... ad. No. 120, 2004
Division 8 Subdivision A
Heading to Subdiv. A of ............ ad. No. 120, 2004 Div. 8 of Part IX
Ss. 195AZH–195AZO ............... ad. No. 159, 2000
Subdivision B
Subdiv. B of Div. 8 of Part IX..... ad. No. 120, 2004 Ss. 195AZP–195AZR................ ad. No. 120, 2004
Part X
S. 195A ..................................... ad. No. 154, 1980
am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998; No. 158, 2006
S. 195B ..................................... ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 107, 1993
am. No. 149, 1994; No. 104, 1998; No. 158, 2006; No. 94, 2010
Ss. 197, 198 .............................. am. No. 141, 1994
S. 198A ..................................... ad. No. 34, 2003 am. No. 34, 2003
S. 199........................................ am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 146, 1988; No. 180, 1991; No. 141, 1994; No. 104, 1998; No. 110, 2000; No. 45, 2005
S. 200........................................ am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993)
S. 200AAA................................. ad. No. 158, 2006 am. No. 8, 2010
Heading to s. 200AA ................. am. No. 104, 1998
S. 200AA ................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 104, 1998
S. 200AB ................................... ad. No. 158, 2006
S. 200A ..................................... ad. No. 78, 1986 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 201........................................ am. No. 216, 1973; No. 154, 1980; No. 141, 1994 Heading to s. 202 ...................... am. No. 158, 2006
S. 202........................................ am. No. 216, 1973; No. 141, 1994; No. 104, 1998
S. 202A ..................................... ad. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 203A ..................................... ad. No. 154, 1980 am. No. 91, 1983; No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993) rs. No. 158, 2006
Ss. 203B, 203C ......................... ad. No. 154, 1980 am. No. 165, 1984; No. 78, 1986 rep. No. 32, 1989 (as am. by No. 107, 1993)
S. 203D ..................................... ad. No. 154, 1980 am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993) rs. No. 158, 2006
S. 203E ..................................... ad. No. 154, 1980 am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 141, 1994; No. 24, 2001; No. 158, 2006
S. 203F...................................... ad. No. 154, 1980 am. No. 91, 1983; No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 24, 2001 rs. No. 158, 2006
S. 203G ..................................... ad. No. 154, 1980 am. No. 165, 1984; No. 78, 1986 rep. No. 32, 1989 (as am. by No. 107, 1993) ad. No. 110, 2000 rs. No. 158, 2006
S. 203H ..................................... ad. No. 154, 1980 am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 110, 2000; No. 158, 2006
Part XI Division 1
S. 204........................................ am. No. 154, 1980
S. 206........................................ am. No. 216, 1973; No. 61, 1981
S. 208........................................ am. No. 120, 2004
S. 209........................................ am. No. 154, 1980
Division 2
S. 210........................................ am. No. 154, 1980
S. 211........................................ am. No. 154, 1980; No. 141, 1994
S. 212........................................ am. No. 154, 1980 rep. No. 120, 2004
S. 213........................................ am. No. 154, 1980; No. 141, 1994 Ss. 214–216 .............................. am. No. 154, 1980
S. 217........................................ am. No. 216, 1973; No. 154, 1980
S. 219........................................ am. No. 154, 1980; No. 141, 1994
Division 3
S. 220........................................ am. No. 154, 1980; No. 120, 2004 Ss. 221–225 .............................. am. No. 154, 1980
Division 4
Ss. 226, 227 .............................. am. No. 154, 1980
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
S. 229........................................ am. No. 154, 1980 Ss. 232–237 .............................. am. No. 154, 1980
S. 238........................................ am. No. 154, 1980 rep. No. 159, 2000
S. 239........................................ am. No. 154, 1980; No. 141, 1994 Ss. 240, 241 .............................. am. No. 154, 1980
Division 5
Ss. 244, 245 .............................. am. No. 154, 1980
S. 246........................................ am. No. 110, 2000
S. 248........................................ am. No. 154, 1980; No. 141, 1994
Part XIA
Part XIA .................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
Division 1
S. 248A ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
am. No. 149, 1994; No. 104, 1998; No. 110, 2000 (as am. by No. 63, 2002); No. 120, 2004; No. 158, 2006; No. 21, 2007
S. 248B ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 120, 2004
S. 248C ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 120, 2004; No. 158, 2006
S. 248CA................................... ad. No. 149, 1994 am. No. 158, 2006
S. 248D ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) rs. No. 120, 2004
S. 248E ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) rep. No. 110, 2000
S. 248F...................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 149, 1994; No. 158, 2006
Division 2
S. 248G ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 149, 1994; No. 110, 2000; No. 120, 2004
Note to s. 248G(1)..................... ad. No. 120, 2004
S. 248H ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 113, 2008
S. 248J ...................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 120, 2004
Ss. 248K–248M......................... ad. No. 32, 1989 (as am. by No. 107, 1993)
S. 248MA .................................. ad. No. 34, 2003
S. 248N ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
Division 3 Subdivision A
Subdiv. A of Div. 3 of................. ad. No. 158, 2006 Part XIA
S. 248P ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 105, 1998; No. 110, 2000; No. 120, 2004 rs. No. 158, 2006
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Notes 1, 2 to s. 248P(8) ............ ad. No. 120, 2004 rep. No. 158, 2006
Ss. 248PA–248PM.................... ad. No. 158, 2006
Subdivision B
Subdiv. B of Div. 3 of................. ad. No. 158, 2006 Part XIA
S. 248Q ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 149, 1994; No. 105, 1998 rep. No. 158, 2006
S. 248QA................................... ad. No. 149, 1994 am. No. 105, 1998 rs. No. 158, 2006
S. 248QB................................... ad. No. 149, 1994 rs. No. 105, 1998; No. 158, 2006
Ss. 248QC–248QH ................... ad. No. 158, 2006
Subdivision C
Subdiv. C of Div. 3 of ................ ad. No. 158, 2006 Part XIA
S. 248R ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 149, 1994 rep. No. 105, 1998 ad. No. 158, 2006
S. 248S ..................................... ad. No. 32, 1989 (as am. by No. 107, 1993) rs. No. 158, 2006
S. 248SA ................................... ad. No. 158, 2006
Subdivision D
Heading to Subdiv. D of ............ ad. No. 158, 2006 Div. 3 of Part XIA
S. 248T...................................... ad. No. 32, 1989 (as am. by No. 107, 1993)
Division 4
Ss. 248U, 248V ......................... ad. No. 32, 1989 (as am. by No. 107, 1993) am. No. 120, 2004
Part XII
Subhead. to s. 249(1)................ ad. No. 158, 2006
S. 249........................................ am. No. 154, 1980; No. 158, 2006
Table A
Table A
Application, saving or transitional provisions
Copyright Amendment Act (No. 1) 1998 (No. 104, 1998)
Schedule 1
4 Application
The amendments made by this Schedule apply only in relation to works made after the commencement of this Schedule.
Note: Subsection 22(1) of the Copyright Act 1968 specifies when a work is made.
Schedule 3
4 Application
The amendments made by items 1, 2 and 3 do not apply to an action for conversion or detention brought before the commencement of this Schedule.
Schedule 4
6 Application
(1) If:
section 183A has effect as if:
Table A
(2) Section 183A has effect in accordance with subsection (1) whether or not the company referred to in paragraph (1)(e) was the agent of the owner of the copyright involved.
Schedule 9
8 Saving
If, immediately before the commencement of this Schedule, a declaration under paragraph 10A(1)(b) of the Copyright Act 1968 was in force, that Act has effect, in relation to the declaration and the institution to which the declaration relates, as if this Act had not been enacted.
Schedule 10
51 Saving
Copyright that subsisted in a television broadcast or a sound broadcast made before the commencement of this Schedule continues to subsist for the period for which that copyright would have subsisted if the amendments made by this Schedule had not been made, and the person who was the owner of that copyright immediately before that commencement continues to be the owner for that period.
Table A
Copyright Amendment Act (No. 2) 1998 (No. 105, 1998)
Schedule 1
9 Application
The amendments made by this Schedule apply in relation to copies of sound recordings imported into Australia after the commencement of this Act.
Copyright Amendment (Digital Agenda) Act 2000 (No. 110, 2000)
Schedule 2
1 Definitions
In this Schedule:
broadcasting right, in relation to a work or other subject-matter, means the exclusive right under the Copyright Act to broadcast the work or other subject-matter.
cable transmission right, in relation to a work or other subject-matter, means the exclusive right under the Copyright Act to cause the work or other subject-matter, or a television program that includes it, to be transmitted to subscribers to a diffusion service.
commencing day means the day on which this Act commences.
Copyright Act means the Copyright Act 1968, as in force immediately before the commencing day.
2 Application of communication right
Subject to this Schedule, on and after the commencing day:
(a) the exclusive right to communicate a work or other subject-matter to the public under the Copyright Act as amended by this Act applies in relation to all works and other subject-matter (other than published editions of works) in which copyright subsisted immediately before the commencing day; and
Table A
(b) the Copyright Act as so amended applies to all such works and other subject-matter in the same way as it applies in relation to an original work or other subject-matter made on or after that day.
3 Assignments and licences
A licence, contract or arrangement (including an assignment of copyright) that was in force immediately before the commencing day continues to have effect on and after that day in so far as it relates to the broadcasting right or cable transmission right in a work or other subject-matter, but subject to any contrary intention, as if the Copyright Act had not been amended by this Act, and the Copyright Act applies in relation to the licence, contract or arrangement accordingly.
Copyright Amendment (Moral Rights) Act 2000 (No. 159, 2000)
Schedule 1
3 Application
Part IX of the Copyright Act 1968 as in force immediately before the commencement of this Schedule continues to apply, subject to section 238 of that Act as in force immediately before that commencement, in relation to acts done in respect of a literary, dramatic, musical or artistic work before that commencement.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
4 Application of amendments
(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
Table A
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Copyright Amendment (Parallel Importation) Act 2003 (No. 34, 2003)
Schedule 1
20 Application
The amendments made by this Schedule apply in relation to the following:
Schedule 3
9 Application
The amendments made by items 4 and 6 of this Schedule apply in relation to copies of sound recordings imported into Australia after the commencement of this item (regardless of whether they were made before or after the commencement of this item).
Schedule 4
14 Application
(1) The amendments made by items 1, 2, 3, 4 and 5 apply to actions brought after the commencement of those items.
Table A
15 Review of operation of this Schedule
Designs (Consequential Amendments) Act 2003 (No. 148, 2003)
Schedule 1
15 Application of amendments of section 74—definition of
corresponding design
The amendments of section 74 of the Copyright Act 1968 made by
items 2 and 3 of this Schedule apply as follows:
Table A
16 Application of amendment of section 75
The amendment made by item 4 of this Schedule applies to reproductions that are made on or after the commencing day.
17 Application of amendment of section 76
18 Application of amendments of section 77
Amendments made by item 5
Amendments made by items 6 to 13
(3) The amendments made by items 6 to 13 of this Schedule apply to:
Table A
19 Application of section 77A
Section 77A of the Copyright Act 1968 applies to reproductions that are made on or after the commencing day.
20 Definition
In this Part:
commencing day means the day on which this item commences.
US Free Trade Agreement Implementation Act 2004 (No. 120, 2004)
Schedule 9
15 Application
The amendments made by items 1 to 7, 9 and 10 of this Part apply to a sound recording made on or after the day on which this item commences.
Note: The amendments made by the other items of this Part apply to a sound recording of a live performance in which copyright subsists on the day on which this item commences.
84 Application
The amendments made by this Part apply to acts done, in respect of a performance, within the protection period of the performance after the day on which this item commences (even if the performance was given before that day).
106 Application
The amendments made by this Part apply in respect of copies of broadcasts, or communications of broadcasts, made after the day on which this item commences (even if the performance concerned was given before that day).
117 Application
The amendments made by this Part apply to copyright in photographs that subsists on or after the day on which this item commences.
Table A
118 Compensation scheme for certain agreements made before Royal Assent
Application of item
(1) This item applies if:
(ca) that time is no later than 2 years from the US FTA commencement day; and
Owner may notify person that owner objects to person doing the act
(2) Before the person does the act, the owner of the copyright may notify the person in writing that the owner objects to the person doing the act.
Owner may provide reasonable compensation to person
Table A
(4A) An amount of compensation agreed on or determined under this item or item 119 of this Schedule may only include compensation in respect of:
(5) When the Copyright Tribunal has determined an amount of reasonable compensation, the owner is liable to pay that amount to the person by the day determined by the Tribunal. The person may recover that amount in a court of competent jurisdiction from the owner as a debt due to the person.
Person may do act if not notified by owner or if not paid reasonable compensation
Note: A defendant bears an evidential burden in relation to the matter in subitem (6) (see subsection 13.3(3) of the Criminal Code).
(8) In this item:
owner, in relation to the copyright in a photograph at a particular time in respect of a particular act, includes an exclusive licensee of the copyright in the photograph at that time in respect of that act.
US FTA commencement day means the day on which the Australia-United States Free Trade Agreement, done at Washington DC on 18 May 2004, comes into force for Australia.
Table A
119 Applications to Copyright Tribunal for determination of reasonable compensation payable
Note: The amount of compensation may only include compensation in respect of certain costs: see subitem 118(4A) of this Schedule.
(4) In this item:
owner, in relation to the copyright in a photograph at a particular time in respect of a particular act, includes an exclusive licensee of the copyright in the photograph at that time in respect of that act.
131 Application
The amendments made by this Part apply to copyright in works and other subject-matter that subsists on or after the day on which this item commences.
132 Compensation scheme for certain agreements made before Royal Assent
Application of item
(1) This item applies if:
Table A
(ca) that time is no later than 2 years from the US FTA commencement day; and
Owner may notify person that owner objects to person doing the act
(2) Before the person does the act, the owner of the copyright may notify the person in writing that the owner objects to the person doing the act.
Owner may provide reasonable compensation to person
(4A) An amount of compensation agreed on or determined under this item or item 133 of this Schedule may only include compensation in respect of:
(5) When the Copyright Tribunal has determined an amount of reasonable compensation, the owner is liable to pay that amount to the person by the day determined by the Tribunal. The person may recover that amount in a court of competent jurisdiction from the owner as a debt due to the person.
Table A
Person may do act if not notified by owner or if not paid
reasonable compensation
Note: A defendant bears an evidential burden in relation to the matter in subitem (6) (see subsection 13.3(3) of the Criminal Code).
(8) In this item:
owner, in relation to the copyright in a work or other subject-matter at a particular time in respect of a particular act, includes an exclusive licensee of the copyright in the work or subject-matter at that time in respect of that act.
US FTA commencement day means the day on which the Australia-United States Free Trade Agreement, done at Washington DC on 18 May 2004, comes into force for Australia.
133 Applications to Copyright Tribunal for determination of reasonable compensation payable
Table A
(3) The Tribunal must consider the application and, after giving to the parties an opportunity of presenting their cases, must make an order determining an amount of reasonable compensation.
Note: The amount of compensation may only include compensation in respect of certain costs: see subitem 132(4A) of this Schedule.
(4) In this item:
owner, in relation to the copyright in a work or other subject-matter at a particular time in respect of a particular act, includes an exclusive licensee of the copyright in the work or subject-matter at that time in respect of that act.
145 Application
The amendments made by this Part apply in respect of acts done after the day on which this item commences.
160 Application
The amendments made by this Part apply in respect of acts done after the day on which this item commences.
185 Application
The amendments made by this Part apply in respect of encoded broadcasts made after the day on which this item commences.
190 Application
The amendments made by this Part apply in respect of acts done after the day on which this item commences.
Copyright Legislation Amendment Act 2004 (No. 154, 2004)
Schedule 1
8 Application of items 1 to 7
The amendments made by items 1 to 7 apply in respect of acts done after the day on which this item commences.
Table A
16 Application of item 15
The amendment made by item 15 applies in respect of sound recordings embodied wholly or partly in records that are supplied either before or after this item commences.
29 Application of items 17 to 28
The amendments made by items 17 to 28 apply in respect of acts done after the day on which this item commences.
31 Application of item 30
The amendment made by item 30 applies in respect of sound recordings embodied wholly or partly in records that are supplied either before or after this item commences.
41 Application of items 32 to 40
The amendments made by items 32 to 40 apply in respect of encoded broadcasts made after the day on which this item commences.
Copyright Amendment (Film Directors’ Rights) Act 2005 (No. 130, 2005)
4 Application of amendment
Table A
Statute Law Revision Act 2006 (No. 9, 2006)
Schedule 1
9 Saving provision for item 8
The amendment made by item 8 of this Schedule does not affect the validity of any requirements that:
Copyright Amendment Act 2006 (No. 158, 2006)
Schedule 1
9 Application of amendments of Division 5 of Part V
The amendments of Division 5 of Part V of the Copyright Act 1968 by this Part apply to things occurring after the commencement of this Part.
12 Saving
14 Application of new sections 172 and 173
Sections 172 and 173 of the Copyright Act 1968, as amended by this Part, apply to acts (including refusals) occurring after the commencement of this Part and failures first occurring after the commencement of this Part.
Table A
16 Transitional provision—regulations for subsection 195A(2)
18 Application of new sections 203A and 203D
Sections 203A and 203D of the Copyright Act 1968, as amended by this Part, apply to persons who are:
on or after the commencement of this Part.
22 Application of new subsections 203E(10) and (11)
The repeal and substitution of subsections 203E(10) and (11) of the Copyright Act 1968 by this Part apply to the recording, divulgement or communication of information by the defendant after the commencement of this Part (whether the information was acquired by the defendant before, on or after the commencement of this Part).
24 Application of new sections 203F and 203G
Sections 203F and 203G of the Copyright Act 1968, as amended by this Part, apply to acts done after the commencement of this Part.
Table A
26 Application of new subsection 203H(4)
The repeal and substitution of subsection 203H(4) of the Copyright Act 1968 by this Part apply to acts done after the commencement of this Part.
Schedule 2
15 Application
The amendments made by this Schedule apply in relation to legal proceedings (whether civil or criminal) started after the commencement of this Schedule.
Schedule 3
20 Application
The amendments made by this Schedule apply to acts done after the commencement of this Schedule.
Schedule 4
2 Application
The amendment made by this Schedule applies to actions started after the commencement of this Schedule.
Schedule 5
2 Application
The amendment of section 135 of the Copyright Act 1968 by this Schedule applies in relation to notices given under that section after the commencement of this Schedule.
6 Transitional provision
(1) This item applies if:
Table A
incurred in relation to the goods under Division 7 of Part V of that Act; and
amended Copyright Act means the Copyright Act 1968 as in force
immediately after the commencement of this item.
CEO means the Chief Executive Officer of Customs.
unamended Copyright Act means the Copyright Act 1968 as in force immediately before the commencement of this item.
Schedule 6
9AA Review of new sections 47J and 110AA
Schedule 9
2 Application
Part VAA of the Copyright Act 1968 as amended by this Schedule applies to acts done on or after the commencement of this Schedule.
Table A
Schedule 10
5 Saving
20 Saving
30 Saving
55 Saving
The repeal and substitution of subsection 167(2) of the Copyright Act 1968 by this Part does not affect a summons issued under that subsection before the commencement of this Part.
58 Transitional provision
The person who was the Secretary to the Tribunal immediately before the commencement of this Part, is taken to have been appointed on that commencement as the Registrar under section 170 of the Copyright Act 1968 as amended by this Part.
Table A
61 Saving
The amendment of subsection 174(2A) of the Copyright Act 1968 by this Part does not affect the evidentiary value, in proceedings after the commencement of the amendment, of a certificate described in that subsection that was signed before the commencement of the amendment.
63 Saving
The amendment of section 175 of the Copyright Act 1968 by this Part does not affect the evidentiary value, in proceedings after that commencement, of a document described in that section that was certified before the commencement of the amendment.
Schedule 11
3 Application and transitional provisions
37 Application
Subparagraph 55(1)(d)(ii) of the Copyright Act 1968 as amended by this Part applies to an agreement about the manner of payment of a prescribed royalty whether the agreement was made before, on or after the commencement of this Part.
40 Application
Table A
body and the collecting society make an agreement determining a matter described in subsection 135K(2A) of the Copyright Act 1968. In that case, the amendment applies at and after the time the agreement comes into force.
Note: While the amendment does not apply, section 135K of the Copyright Act 1968, as in force before the commencement of the amendment, applies.
(3) In this item:
administering body has the meaning given by section 135A of the Copyright Act 1968.
collecting society has the meaning given by section 135A of the Copyright Act 1968.
records notice has the meaning given by section 135A of the Copyright Act 1968.
42 Application
Note: While the amendment does not apply, section 135ZX of the Copyright Act 1968, as in force before the commencement of the amendment, applies.
(3) In this item:
administering body has the meaning given by section 135ZB of the Copyright Act 1968.
records notice has the meaning given by section 135ZB of the Copyright Act 1968.
relevant collecting society has the meaning given by section 135ZB of the Copyright Act 1968.
Table A
57 Application
Division 4A of Part VI of the Copyright Act 1968 applies in relation to applications and references made to the Copyright Tribunal on or after the commencement of the Division.
Schedule 12
16 Application of amendments
The amendments made by this Part apply to acts done on or after the commencement of this Part.
Table B
Table B
Modifications
A.C.T. Self-Government (Consequential Provisions) Regulations
Schedule 1
Subsection 10(1) (definition of the Crown):
Before “the Northern Territory” (first occurring) insert “the Australian Capital Territory and”.
Paragraph 10(3)(e):
Before “the Northern Territory” insert “the Australian Capital Territory and”.
Paragraph 10(3)(n):
Subsection 183(11):
Omit “State or” (twice occurring), substitute “State, the Australian Capital Territory or”.