Copyright Amendment (Disability Access and Other Measures) Act 2017， 澳大利亚

Note: An electronic version of this Act is available on the Federal Register of Legislation

(https://www.legislation.gov.au/)

Copyright Amendment (Disability Access

and Other Measures) Act 2017

No. 49, 2017

An Act to amend the Copyright Act 1968, and for

related purposes

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Contents 1 Short title ...........................................................................................1

2 Commencement.................................................................................2

3 Schedules...........................................................................................3

Schedule 1—Uses that do not infringe copyright 4

Part 1—Main amendments 4

Copyright Act 1968 4

Part 2—Consequential amendments 25

Copyright Act 1968 25

Part 3—Transitional provisions 39

Schedule 2—Duration of copyright 45

Copyright Act 1968 45

Schedule 3—Minor amendments 55

Part 1—References to Attorney-General 55

Copyright Act 1968 55

Part 2—Preconditions for making regulations 58

Copyright Act 1968 58

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Copyright Amendment (Disability Access

and Other Measures) Act 2017

No. 49, 2017

An Act to amend the Copyright Act 1968, and for

related purposes

[Assented to 22 June 2017]

The Parliament of Australia enacts:

1 Short title

This Act is the Copyright Amendment (Disability Access and Other

Measures) Act 2017.

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2 Commencement

(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.

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent. 22 June 2017

2. Schedule 1 A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

3. Schedule 2 1 January 2019. 1 January 2019

4. Schedule 3,

Part 1

The day after this Act receives the Royal

Assent.

23 June 2017

5. Schedule 3,

Part 2

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the day after the end of

that period.

Note: This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

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3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

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Schedule 1 Uses that do not infringe copyright

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Schedule 1—Uses that do not infringe copyright

Part 1—Main amendments

Copyright Act 1968

1 Subsection 10(1)

Insert:

copyright material means anything in which copyright subsists.

Note: This definition does not apply in Subdivision E of Division 3 of

Part VI or Division 2 of Part VII (use of copyright material for the

Crown): see sections 153DF and 182B.

organisation assisting persons with a disability means:

(a) an educational institution; or

(b) a not-for-profit organisation with a principal function of

providing assistance to persons with a disability (whether or

not the organisation has other principal functions).

original form: a library or archives holds copyright material in

original form if the material is held in the collection comprising

the library or archives in a form that embodies the material as

initially prepared by the author or maker of the material.

Example: A manuscript of a literary, dramatic or musical work.

Note: This definition does not apply in Division 6 of Part III: see

subsection 54(6).

person with a disability means a person with a disability that

causes the person difficulty in reading, viewing, hearing or

comprehending copyright material in a particular form.

2 After Part IV

Insert:

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Part IVA—Uses that do not infringe copyright

Division 1—Simplified outline of this Part

113D Simplified outline of this Part

The following do not infringe copyright in any copyright material:

(a) certain use by or for persons with a disability;

(b) certain use for the purposes of libraries, archives and

key cultural institutions;

(c) certain use by educational institutions.

Note 1: Other provisions of this Act, including Parts III, IV, VC, VII and X, provide that certain other use of copyright material does not infringe copyright.

Note 2: A person may circumvent an access control technological protection measure to enable the person to do an act that, under this Part, does not infringe copyright (if the act is prescribed by regulations made for the purposes of paragraph 116AN(9)(c)).

Division 2—Access by or for persons with a disability

113E Fair dealing for purpose of access by persons with a disability

(1) A fair dealing with copyright material does not infringe copyright

in the material if the dealing is for the purpose of one or more

persons with a disability having access to copyright material

(whether the dealing is by any of those persons or by another

person).

(2) The matters to which regard must be had, in determining whether

the dealing is a fair dealing for the purposes of this section, include

the following matters:

(a) the purpose and character of the dealing;

(b) the nature of the copyright material;

(c) the effect of the dealing upon the potential market for, or

value of, the material;

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(d) if only part of the material is dealt with—the amount and

substantiality of the part dealt with, taken in relation to the

whole material.

113F Use of copyright material by organisations assisting persons

with a disability

An organisation assisting persons with a disability, or a person

acting on behalf of such an organisation, does not infringe

copyright in copyright material by using the material if:

(a) the use is for the sole purpose of assisting one or more

persons with a disability to access the material in a format

that the person or persons require because of the disability

(whether the access is provided by or on behalf of the

organisation or by another body or person); and

(b) the organisation, or the person acting on behalf of the

organisation, is satisfied that the material (or a relevant part

of the material) cannot be obtained in that format within a

reasonable time at an ordinary commercial price.

Division 3—Libraries and archives

Subdivision A—Public libraries, parliamentary libraries and

archives

113G Libraries

This Subdivision applies to a library if:

(a) all or part of the collection comprising the library is

accessible to members of the public directly or through

interlibrary loans; or

(b) the principal purpose of the library is to provide library

services for members of a Parliament.

Note 1: For references to a Parliament, see section 12.

Note 2: This Subdivision also applies to archives (within the meaning of

section 10).

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113H Preservation

(1) An authorized officer of a library or archives does not infringe

copyright in copyright material by using the material if:

(a) the use is for the purpose of preserving the collection

comprising that or another library or archives; and

(b) either or both of the following subparagraphs apply:

(i) the authorized officer’s library or archives holds the

material in original form;

(ii) the authorized officer is satisfied that a copy of the

material cannot be obtained in a version or format that is

required for that purpose, consistent with best practice

for preserving such collections.

(2) An authorized officer of a library or archives does not infringe

copyright in copyright material (the preservation copy) by making

the preservation copy available to be accessed at the library or

archives if:

(a) subsection (1) applied to the making of the preservation copy

because it was done for the purpose of preserving the

collection comprising the library or archives; and

(b) the preservation copy is in electronic form; and

(c) the body administering the library or archives takes

reasonable steps to ensure that a person who accesses the

preservation copy at the library or archives does not infringe

copyright in the preservation copy.

Note: Other uses of the preservation copy might not infringe copyright

because of other provisions of this Act, such as section 49

(Reproducing and communicating works by libraries and archives for

users).

113J Research

(1) An authorized officer of a library or archives does not infringe

copyright in copyright material by using the material if:

(a) the material forms part of the collection comprising the

library or archives; and

(b) the library or archives holds the material in original form;

and

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(c) the use is for the purpose of research carried out at that or

another library or archives.

(2) An authorized officer of a library or archives does not infringe

copyright in copyright material (the research copy) by making the

research copy available to be accessed at the library or archives if:

(a) subsection (1) applied to the making of the research copy

because it was done for the purpose of research carried out at

the library or archives; and

(b) the research copy is in electronic form; and

(c) the body administering the library or archives takes

reasonable steps to ensure that a person who accesses the

research copy at the library or archives does not infringe

copyright in the research copy.

Note: Other uses of the research copy might not infringe copyright because

of other provisions of this Act, such as section 49 (Reproducing and

communicating works by libraries and archives for users).

113K Administration of the collection

An authorized officer of a library or archives does not infringe

copyright in copyright material by using the material if the use is

for purposes directly related to the care or control of the collection

comprising the library or archives.

Subdivision B—Key cultural institutions

113L Meaning of key cultural institution

A library or archives is a key cultural institution if the body

administering it:

(a) has, under a law of the Commonwealth or a State or

Territory, the function of developing and maintaining the

collection comprising the library or archives; or

(b) is prescribed by the regulations for the purposes of this

paragraph.

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113M Preservation

(1) An authorized officer of a key cultural institution does not infringe

copyright in copyright material by using the material if:

(a) the material forms part of the collection comprising the key

cultural institution; and

(b) the authorized officer is satisfied that the material is of

historical or cultural significance to Australia; and

(c) the use is for the purpose of preserving the material; and

(d) either or both of the following subparagraphs apply:

(i) the key cultural institution holds the material in original

form;

(ii) the authorized officer is satisfied that a copy of the

material cannot be obtained in a version or format that is

required for that purpose, consistent with best practice

for preserving such copyright material.

Note: If the use of the copyright material does not meet the requirements of

this subsection, the authorized officer might be able to rely on

subsection 113H(1) instead.

(2) An authorized officer of a key cultural institution does not infringe

copyright in copyright material (the preservation copy) by making

the preservation copy available to be accessed at the key cultural

institution if:

(a) subsection (1) applied to the making of the preservation copy

because it was done for the purpose of preserving copyright

material that formed part of the collection comprising the key

cultural institution; and

(b) the preservation copy is in electronic form; and

(c) the body administering the key cultural institution takes

reasonable steps to ensure that a person who accesses the

preservation copy at the key cultural institution does not

infringe copyright in the preservation copy.

Note: Other uses of the preservation copy might not infringe copyright

because of other provisions of this Act, such as section 49

(Reproducing and communicating works by libraries and archives for

users).

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Division 4—Educational institutions—statutory licence

113N Simplified outline of this Division

An educational institution may copy or communicate certain

copyright material for educational purposes if the body

administering the educational institution agrees to pay equitable

remuneration to a collecting society.

113P Copying and communicating works and broadcasts

Works

(1) The body administering an educational institution does not infringe

copyright in a work by copying or communicating the whole or a

part of the work if:

(a) a remuneration notice that applies to the educational

institution and the work is in force under section 113Q; and

(b) the work is not:

(i) a computer program; or

(ii) a compilation of computer programs; or

(iii) a work included in a broadcast; and

(c) the copying or communicating occurs solely for the

educational purposes of:

(i) the educational institution; or

(ii) another educational institution, if a remuneration notice

that applies to the other educational institution and the

work is in force under section 113Q; and

(d) the amount of the work copied or communicated does not

unreasonably prejudice the legitimate interests of the owner

of the copyright; and

(e) the copying or communicating complies with:

(i) any relevant agreement between the relevant works

collecting society and the body administering the

educational institution; and

(ii) any relevant determination made by the Copyright

Tribunal under subsection (4) of this section.

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Broadcasts

(2) The body administering an educational institution does not infringe

copyright in copyright material by copying, or communicating a

copy of, the whole or a part of a broadcast if:

(a) a remuneration notice that applies to the educational

institution and the material is in force under section 113Q;

and

(b) the material is:

(i) the broadcast; or

(ii) a work, sound recording or cinematograph film included

in the broadcast; and

(c) the copying or communicating occurs solely for the

educational purposes of:

(i) the educational institution; or

(ii) another educational institution, if a remuneration notice

that applies to the other educational institution and the

material is in force under section 113Q; and

(d) the copying or communicating complies with:

(i) any relevant agreement between the broadcasts

collecting society and the body administering the

educational institution; and

(ii) any relevant determination made by the Copyright

Tribunal under subsection (4) of this section.

(3) For the purposes of Part XIA, each performer in a performance is

taken to have authorised the copying, or the communicating a

copy, of the whole or a part of:

(a) a broadcast of the performance; or

(b) the content of a broadcast of the performance;

if subsection (2) applies to the copying or communicating.

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).

Questions determined by Copyright Tribunal

(4) The Copyright Tribunal may determine a question relating to

copying or communicating mentioned in subsection (1) or (2) if:

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(a) the relevant collecting society and the body administering the

relevant educational institution fail to determine the question

by agreement under subparagraph (1)(e)(i) or (2)(d)(i); and

(b) the society or the body applies to the Tribunal to have the

Tribunal determine the question.

Note: Section 153A sets out the procedure of the Copyright Tribunal in

dealing with the application.

Copies and communications subsequently used for other purposes

(5) Subsections (1), (2) and (3) do not apply, and are taken never to

have applied, to copying, or communicating a copy, by a body

administering an educational institution if the copy is, with the

consent of the body:

(a) used for a purpose other than the educational purposes of an

educational institution; or

(b) given to the body administering another educational

institution, if no remuneration notice that applies to the other

educational institution and the relevant copyright material is

in force under section 113Q; or

(c) sold or otherwise supplied for a financial profit.

Content of certain broadcasts

(6) This section applies to the content of a broadcast in the same way

as this section applies to a broadcast if the content of the broadcast

was:

(a) electronically transmitted using the internet at the same time,

or at substantially the same time, as the broadcast; or

(b) if the broadcast is a free-to-air broadcast—made available

online by the broadcaster of the broadcast at the same time

as, or after, the broadcast.

113Q Remuneration notices

(1) A remuneration notice is a written notice:

(a) that the body administering an educational institution gives to

a collecting society; and

(b) by which the body undertakes:

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(i) to pay to the society equitable remuneration for licensed

copying or communicating; and

(ii) to give to the society reasonable assistance to enable the

society to collect and distribute that equitable

remuneration.

Note: For equitable remuneration, see section 113R.

(2) Copying or communicating mentioned in subsection 113P(1) or (2)

is licensed copying or communicating if the copying or

communicating does not infringe copyright only because of

section 113P.

(3) A remuneration notice that a body gives to a collecting society

under this section applies to:

(a) an educational institution that the body administers; and

(b) copyright material for which the society is the collecting

society.

Note: See paragraph 113V(4)(a).

(4) However, the notice does not apply to a work to which

paragraph 113P(1)(b) applies if the society is not the works

collecting society for the eligible rights holder who owns the

copyright in the work.

Note: See paragraph 113V(4)(b).

When remuneration notice is in force

(5) A remuneration notice given under this section:

(a) comes into force on:

(i) the day on which the notice is given to the relevant

collecting society; or

(ii) a later day specified in the notice; and

(b) remains in force until it is revoked.

(6) The body administering an educational institution may, at any

time, revoke a remuneration notice the body gave to a collecting

society under this section. The body revokes the remuneration

notice by giving notice in writing to the society. The revocation

takes effect:

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(a) at the end of the period of 3 months starting on the day the

notice of revocation is given to the society; or

(b) on a later day specified in the notice of revocation.

113R Equitable remuneration

(1) The amount of the equitable remuneration that, by a remuneration

notice given to a collecting society under section 113Q, the body

administering an educational institution undertakes to pay for

licensed copying or communicating is the amount:

(a) agreed between the society and the body; or

(b) determined by the Copyright Tribunal under subsection (2).

(2) The Copyright Tribunal may determine the amount of the equitable

remuneration if:

(a) the society and the body fail to determine the amount by

agreement under paragraph (1)(a); and

(b) the society or the body apply to the Tribunal to have the

Tribunal determine the amount.

Note: Section 153A sets out the procedure of the Copyright Tribunal in

dealing with the application.

(3) A determination of the Tribunal under subsection (2) may be

expressed to have effect in relation to copying or communicating

done before the day on which the determination is made.

113S Educational institutions must assist collecting society

(1) If a remuneration notice that applies to an educational institution is

in force under section 113Q, the relevant collecting society may, in

writing (the entry notice), notify the body administering the

educational institution that the society wishes, on a day specified in

the notice, to enter the premises of the educational institution for

the purpose of reviewing the body’s compliance with:

(a) the remuneration notice; and

(b) any relevant agreements and determinations mentioned in

paragraph 113P(1)(e) or (2)(d).

(2) A person authorised in writing by the collecting society may enter

the premises of the educational institution for the purpose

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mentioned in subsection (1) after the collecting society gives the

entry notice to the body.

(3) Entry onto premises under subsection (2) may only occur:

(a) during ordinary working hours of the educational institution;

and

(b) on the day specified in the entry notice, which must not be

earlier than 7 days after the day on which the entry notice is

given.

(4) The Copyright Tribunal may determine a question relating to entry

onto premises of an educational institution under this section if:

(a) the relevant collecting society and the body administering the

educational institution fail to determine the question by

agreement; and

(b) the society or the body applies to the Tribunal to have the

Tribunal determine the question.

Note: Section 153A sets out the procedure of the Copyright Tribunal in

dealing with the application.

(5) The body administering an educational institution must:

(a) ensure that a person who enters the premises of the

educational institution under subsection (2) is provided with

all reasonable and necessary facilities and assistance for the

effective review of the body’s compliance with the

remuneration notice, agreements and determinations

mentioned in paragraphs (1)(a) and (b); and

(b) comply with any determinations of the Copyright Tribunal

made under subsection (4).

(6) A body administering an educational institution commits an

offence if the body contravenes subsection (5).

Penalty: 5 penalty units.

113T Voluntary licences

(1) Nothing in this Division affects the right of the owner of the

copyright in copyright material to grant a licence authorising any

use of that material by the body administering an educational

institution.

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(2) Nothing in this Division affects the right of a performer in a

performance (within the meaning of Part XIA) to authorise the

body administering an educational institution:

(a) to make, or cause to be made, a sound recording or a

cinematograph film of the performance; and

(b) to communicate, or cause to be communicated, that recording

or film.

113U Persons acting on behalf of bodies administering educational

institutions

A reference in this Division (other than the first reference in

subsection 113S(6)) to the body administering an educational

institution includes a reference to a person acting on behalf of the

body.

Division 5—Collecting societies

Subdivision A—Declaration of collecting society

113V Declaration of collecting society

Applications

(1) A body may apply, in writing, to the Minister to be declared to be:

(a) the works collecting society for:

(i) all eligible rights holders; or

(ii) specified classes of eligible rights holders; or

(b) the broadcasts collecting society.

Declarations

(2) After receiving the application, the Minister must do one of the

following:

(a) declare the body to be a collecting society;

(b) refuse to declare the body to be a collecting society;

(c) both:

(i) refer the application to the Copyright Tribunal in the

way prescribed by the regulations; and

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(ii) notify the body of the referral.

(3) The Copyright Tribunal may declare the body to be a collecting

society if the Minister refers the application to the Tribunal under

paragraph (2)(c). The Registrar must notify the Minister of the

declaration.

Note: Section 153A sets out the procedure of the Copyright Tribunal in

dealing with the referral.

(4) A declaration of the body to be a collecting society under this

section must declare the body to be a collecting society:

(a) for either:

(i) works to which paragraph 113P(1)(b) applies; or

(ii) copyright material to which paragraph 113P(2)(b)

applies; and

(b) for:

(i) if subparagraph (a)(i) of this subsection applies—

specified classes of eligible rights holders; or

(ii) in either case—all eligible rights holders.

(5) The Minister must, by notifiable instrument, give notice of a

declaration made under this section.

Existing collecting societies

(6) If:

(a) a body is declared to be the works collecting society for an

eligible rights holder; and

(b) another body is later declared to be the works collecting

society for the eligible rights holder;

the first declaration ceases to be in effect on the day (the cessation

day) before the second declaration commences, to the extent the

first declaration relates to the eligible rights holder.

(7) If:

(a) a remuneration notice given to the first body under

section 113Q:

(i) is in force on the cessation day; and

(ii) applies to a work; and

(b) the eligible rights holder owns the copyright in the work;

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the notice ceases to be in force on the cessation day, to the extent

the notice applies to the work.

(8) A body cannot be declared to be the broadcasts collecting society

while another body is declared to be the broadcasts collecting

society.

Eligible rights holders

(9) In this Act:

eligible rights holder means:

(a) for a works collecting society—the owner of the copyright in

a work; or

(b) for the broadcasts collecting society—any of the following:

(i) the owner of the copyright in a work, a sound recording

or a cinematograph film (other than a new owner of the

copyright in a sound recording of a live performance

within the meaning of section 100AB);

(ii) a performer in a performance (within the meaning of

Part XIA).

113W Requirements for declaration of collecting society

The Minister and the Copyright Tribunal must not declare a body

to be a collecting society for eligible rights holders under

section 113V unless:

(a) the body is a company limited by guarantee and incorporated

under a law of the Commonwealth, a State or a Territory

relating to companies; and

(b) all of those eligible rights holders, or their agents, are entitled

to become its members; and

(c) its rules prohibit the payment of dividends to its members;

and

(d) its rules contain such other provisions as are prescribed by

the regulations, being provisions necessary to ensure that the

interests of the collecting society’s members who are eligible

rights holders or their agents are protected adequately,

including provisions about:

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(i) the collection of amounts of equitable remuneration

payable under remuneration notices given to the society

under section 113Q; and

(ii) the payment of the administrative costs of the society

out of amounts collected by it; and

(iii) the distribution of amounts collected by it; and

(iv) the holding on trust by the society of amounts for

eligible rights holders who are not its members; and

(v) access to records of the society by its members.

113X Revocation of declaration

(1) Subsection (2) applies if the Minister is satisfied that a body

declared to be a collecting society under section 113V:

(a) is not functioning adequately as the collecting society; or

(b) is not acting in accordance with its rules or in the best

interests of those of its members who are eligible rights

holders or their agents; or

(c) has altered its rules so that they no longer comply with

paragraphs 113W(c) and (d); or

(d) has refused or failed, without reasonable excuse, to comply

with section 113Z or 113ZA.

(2) The Minister may:

(a) revoke the declaration; or

(b) refer to the Copyright Tribunal, in the way prescribed by the

regulations, the question whether the declaration should be

revoked.

(3) The Tribunal may revoke the declaration if:

(a) the Minister refers the question to the Copyright Tribunal

under paragraph (2)(b); and

(b) the Tribunal is satisfied that paragraph (1)(a), (b), (c) or (d)

applies to the body.

The Registrar must notify the Minister of the revocation.

Note: Section 153A sets out the procedure of the Copyright Tribunal in

dealing with the referral.

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(4) A revocation under this section must specify the day on which it

takes effect.

(5) The Minister must, by notifiable instrument, give notice of a

revocation under this section.

(6) Subsection 33(3) of the Acts Interpretation Act 1901 does not

apply in relation to a power under section 113V of this Act to make

a declaration.

Subdivision B—Operation of collecting society

113Y Scope of this Subdivision

This Subdivision applies to:

(a) a works collecting society; or

(b) the broadcasts collecting society.

113Z Annual report and accounts

(1) The collecting society must, as soon as practicable after the end of

each financial year:

(a) prepare a report of its operations during that financial year;

and

(b) send a copy of the report to the Minister, for presentation to

the Parliament.

(2) The collecting society must keep accounting records correctly

recording and explaining the transactions of the society (including

any transactions as trustee) and the financial position of the

society.

(3) The accounting records must be kept in such a manner as will

enable true and fair accounts of the society to be prepared from

time to time and those accounts to be conveniently and properly

audited.

(4) The collecting society must:

(a) as soon as practicable after the end of each financial year,

cause its accounts to be audited by an auditor who is not a

member of the society; and

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(b) must send to the Minister a copy of its accounts as so audited.

(5) The collecting society must give its members reasonable access to

copies of all reports and audited accounts prepared under this

section.

(6) This section does not affect any obligations of a collecting society

relating to the preparation and lodging of annual returns or

accounts under the law under which it is incorporated.

113ZA Amendment of rules

The 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:

(a) the effect of the alteration; and

(b) the reasons why it was made.

113ZB Review of distribution arrangement by Copyright Tribunal

(1) The collecting society or a member of the society may apply to the

Copyright Tribunal for review of the arrangement adopted, or

proposed to be adopted, by the society for distributing amounts it

collects in a period.

Note: Section 153A sets out the procedure of the Copyright Tribunal in

dealing with the application.

(2) After an application is made under subsection (1), the Tribunal

must make an order:

(a) confirming the arrangement; or

(b) varying the arrangement; or

(c) substituting for the arrangement another arrangement for

distributing amounts the collecting society collects in the

period.

(3) If the Tribunal makes an order varying the arrangement or

substituting for it another arrangement, the arrangement reflecting

the Tribunal’s order:

(a) has effect as if it had been adopted in accordance with the

society’s rules; and

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(b) does not affect a distribution started before the order was

made.

113ZC Operation of collecting society rules

Division 4 and this Division apply to the collecting society despite

anything in the rules of the society, but nothing in those Divisions

affects the rules so far as they can operate together with those

Divisions.

3 Subdivisions C and D of Division 3 of Part VI

Repeal the Subdivisions, substitute:

Subdivision C—Applications and referrals relating to Part IVA

153A Applications and referrals relating to Division 4 of Part IVA

(1) This section applies to an application or referral to the Tribunal

mentioned in column 1 of an item of the table in subsection (4).

(2) The parties to the application or referral are the parties mentioned

in column 2 of the item.

(3) The Tribunal must:

(a) consider the application or referral; and

(b) give the parties the opportunity to present their cases; and

(c) comply with column 3 of the item.

(4) This is the table:

Applications and referrals relating to licensed copying and communicating

Item Column 1

Application or

referral

Column 2

Parties

Column 3

The Tribunal must …

1 an application made

under

paragraph 113P(4)(b)

or 113S(4)(b) to

determine a question

(a) the relevant

collecting society;

and

(b) the body

administering the

relevant

having regard to any

matters prescribed by the

regulations, determine

the relevant question

under subsection 113P(4)

or 113S(4).

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Applications and referrals relating to licensed copying and communicating

Item Column 1

Application or

referral

Column 2

Parties

Column 3

The Tribunal must …

educational

institution

2 an application made

under

paragraph 113R(2)(b)

to determine an

amount of equitable

remuneration

(a) the relevant

collecting society;

and

(b) the body

administering the

relevant

educational

institution

having regard to any

matters prescribed by the

regulations, determine

the amount of equitable

remuneration under

subsection 113R(2).

3 a referral under

paragraph 113V(2)(c)

of an application by a

body (the applicant)

to be declared to be a

collecting society

(a) the applicant; and

(b) any person made

a party under

subsection (5) of

this section

(a) declare the applicant

to be a collecting

society under

subsection 113V(3);

or

(b) refuse to declare the

applicant to be a

collecting society.

4 a referral under

paragraph 113X(2)(b

) of the question

whether a declaration

of a body to be a

collecting society

should be revoked

(a) the Minister; and

(b) the body; and

(c) any person made a

party under

subsection (5) of

this section

(a) revoke the declaration

under

subsection 113X(3);

or

(b) refuse to revoke the

declaration.

5 an application under

subsection 113ZB(1)

for review of the

arrangement adopted,

or proposed to be

adopted, by a

collecting society for

distributing amounts

it collects in a period

(a) the applicant for

the review; and

(b) the collecting

society (if it is not

the applicant);

and

(c) any member or

organization made

a party under

subsection (5) of

this section

make an order under

subsection 113ZB(2).

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(5) For the purposes of column 2 of item 3, 4 or 5 of the table, the

Tribunal may make the following person or organization a party to

the referral or application if the person or organization asks to be

made a party:

(a) in the case of item 3 or 4—a person the Tribunal thinks has a

sufficient interest in the matter;

(b) in the case of item 5—a person or organization that:

(i) the Tribunal thinks has a substantial interest in the

arrangement; and

(ii) is a member of the collecting society, or is an

organization that claims to be representative of members

of the collecting society.

4 Subsection 200(1)

Repeal the subsection, substitute:

(1) A teacher or student does not infringe copyright in a work by

copying the whole or a part of the work if:

(a) the copying occurs in the course of educational instruction;

and

(b) the copying is not done using:

(i) a device adapted for the production of multiple copies;

or

(ii) a device capable of producing a copy or copies by a

process of reprographic reproduction.

(1A) Copying or communicating the whole or a part of copyright

material does not infringe copyright in the material, if the material

is copied or communicated:

(a) as part of the questions to be answered in an examination; or

(b) in an answer to such a question.

(1B) In subsections (1) and (1A):

(a) a reference to copying a work or copyright material includes

a reference to making or copying an adaptation of the work

or material; and

(b) a reference to communicating copyright material includes a

reference to communicating an adaptation of the material.

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Part 2—Consequential amendments

Copyright Act 1968

5 Subsection 10(1)

Insert:

body administering:

(a) an institution—means:

(i) if the institution is a body corporate—the institution; or

(ii) otherwise—the body or person (including the Crown)

having ultimate responsibility for administering the

institution; or

(b) a library or archives—means:

(i) if the library or archives is an archives covered by

paragraph (aa) of the definition of archives—the person

having the custody of the archives in accordance with

the relevant arrangement mentioned in that paragraph;

or

(ii) otherwise—the body (whether incorporated or not) or

person (including the Crown) having ultimate

responsibility for administering the library or archives.

broadcasts collecting society means the body declared to be a

collecting society by a declaration that is in force under

section 113V and to which subparagraph 113V(4)(a)(ii) applies.

collecting society means:

(a) a works collecting society; or

(b) the broadcasts collecting society; or

(c) a body that a declaration in force under section 135ZZT

declares to be a collecting society for the purposes of

Part VC; or

(d) a body that a declaration in force under section 135ZZZO

declares to be a collecting society for the purposes of

Part VD; or

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(e) a company that a declaration in force under section 153F

declares to be a collecting society for the purposes of

Division 2 of Part VII.

6 Subsection 10(1) (definition of copy)

Repeal the definition, substitute:

copy:

(a) of a work—means a reproduction; or

(b) of a sound recording—means a record embodying the sound

recording, or a substantial part of the sound recording,

derived directly or indirectly from a record produced on the

making of the sound recording; or

Note: See also subsection (6).

(c) of a cinematograph film—means any article or thing in which

the visual images or sounds comprising the film are

embodied; or

Note: See also subsection (5).

(d) of a broadcast—includes:

(i) a record embodying a sound recording of the whole or a

part of the broadcast; or

(ii) a copy of a cinematograph film of the whole or a part of

the broadcast.

7 Subsection 10(1) (at the end of paragraphs (aa), (a), (b) and (c) of the definition of educational institution)

Add “or”.

8 Subsection 10(1) (paragraphs (d) to (i) of the definition of educational institution)

Repeal the paragraphs, substitute:

(d) a school of nursing; or

(e) an undertaking within a hospital, if the undertaking conducts

courses of study or training in the provision of:

(i) medical services; or

(ii) services incidental to the provision of medical services;

or

(f) a teacher education centre; or

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(g) an institution with the principal function of providing courses

of study or training for any of the following purposes:

(i) general education;

(ii) the preparation of people for a particular occupation or

profession;

(iii) the continuing education of people engaged in a

particular occupation or profession;

(iv) the teaching of English to people whose first language is

not English; or

(h) an undertaking within a body administering an educational

institution, if:

(i) the educational institution is of a kind referred to in a

preceding paragraph of this definition; and

(ii) the principal function, or one of the principal functions,

of the undertaking is the provision of teacher training to

people engaged as instructors in educational institutions

of a kind mentioned in a preceding paragraph of this

definition, or of 2 or more such kinds; or

(i) an institution, or an undertaking within a body administering

an educational institution of a kind referred to in a preceding

paragraph of this definition, if:

(i) the principal function, or one of the principal functions,

of the institution, or undertaking, is the providing of

material to educational institutions of a kind referred to

in a preceding paragraph of this definition, or 2 or more

such kinds; and

(ii) that activity is undertaken for the purpose of helping

those institutions in their teaching purposes.

9 Subsection 10(1)

Insert:

eligible rights holder has the meaning given by

subsection 113V(9).

government has the meaning given by subsection 182B(1).

government copy has the meaning given by subsection 182B(1).

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10 Subsection 10(1)

Repeal the following definitions:

(a) definition of institution assisting persons with an

intellectual disability;

(b) definition of institution assisting persons with a print

disability.

11 Subsection 10(1)

Insert:

key cultural institution has the meaning given by section 113L.

licensed copying or communicating has the meaning given by

subsection 113Q(2).

Parliament: see section 12.

12 Subsection 10(1) (definition of person with a print disability)

Repeal the definition.

13 Subsection 10(1)

Insert:

record embodying a sound recording means:

(a) a record produced upon the making of the sound recording;

or

(b) a record that:

(i) embodies the sound recording; and

(ii) is derived directly or indirectly from a record produced

upon the making of the sound recording.

remuneration notice means:

(a) a notice mentioned in section 113Q; or

(b) a notice mentioned in section 135ZZL; or

(c) a notice mentioned in section 135ZZZJ.

rules, of a collecting society, means the constitution of the society.

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works collecting society means a body declared to be a collecting

society by a declaration that is in force under section 113V and to

which subparagraph 113V(4)(a)(i) applies.

14 Paragraphs 10(3)(a), (b), (c), (f), (h), (ha), (l) and (m)

Repeal the paragraphs.

15 Subsection 10(5)

Omit “For the purposes of the definition of copy in subsection (1), such

a copy includes”, substitute “A reference to a copy of a cinematograph

film includes a reference to”.

16 Subsection 10(6)

Omit “For the purposes of paragraph 10(3)(c), a reference to a copy of a

sound recording includes”, substitute “A reference to a copy of a sound

recording includes a reference to”.

17 Sections 10A and 47A

Repeal the sections.

18 Subsections 49(2) and (2C) (note)

Omit “subsection 51A(1), to replace the article or published work

because it was damaged, had deteriorated or had been lost or stolen”,

substitute “subsection 113H(1) (Preservation)”.

19 Subsection 49(9) (note)

Omit “, 203D”.

20 Subsection 50(2) (note)

Omit “subsection 51A(1), to replace the article or published work

because it was damaged, had deteriorated or had been lost or stolen”,

substitute “subsection 113H(1) (Preservation)”.

21 Subsection 50(10) (note)

Omit “, 203D”.

22 Sections 51A and 51B

Repeal the sections.

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23 At the end of paragraph 53(a)

Add “and”.

24 Paragraph 53(b)

Omit “, section 51 or 51A”, substitute “or section 51”.

25 At the end of paragraph 53(b)

Add “and”.

26 Paragraph 53(d)

Omit “section 51A or”.

27 At the end of section 54

Add:

Original form

(6) The definition of original form in subsection 10(1) does not apply

in this Division.

28 Section 100AH (note)

Omit “a relevant right holder under section 135A”, substitute “an

eligible rights holder under subsection 113V(9)”.

29 Section 100AH (note)

Omit “135ZB,”.

30 Sections 110B and 110BA

Repeal the sections.

31 Subparagraph 112(a)(i)

Omit “or 44”, substitute “, 44 or 113E”.

32 Subparagraph 112(a)(ii)

Repeal the subparagraph, substitute:

(ii) a use of the whole or a part of that work, being a use

that, because of section 49, 50, 113F, 113H, 113J,

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113K, 113M, 113P or 182A, does not infringe copyright

in that work; or

33 Subparagraph 112(b)(i)

Omit “or 44”, substitute “, 44 or 113E”.

34 Subparagraph 112(b)(ii)

Repeal the subparagraph, substitute:

(ii) a use of a whole or a part of one of those works, or a use

of the whole or parts of some or all of those works,

being a use that, because of section 49, 50, 113F, 113H,

113J, 113K, 113M, 113P or 182A, does not infringe

copyright in that work or those works.

35 Section 112AA

Repeal the section.

36 Section 116AB (definition of copyright material)

Repeal the definition.

37 Section 132AA (definition of copyright material)

Repeal the definition.

38 Section 134B (definition of copyright material)

Repeal the definition.

39 Parts VA and VB

Repeal the Parts.

40 Section 135ZZI (definition of rules)

Repeal the definition.

41 Section 135ZZZF (definition of rules)

Repeal the definition.

42 Subdivision A of Division 3 of Part VI

Repeal the Subdivision.

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43 Section 149A

Repeal the section.

44 Before section 153E

Insert:

153DF Meaning of copyright material

In this Subdivision:

copyright material has the same meaning as in Division 2 of

Part VII.

45 Subdivision F of Division 3 of Part VI

Repeal the Subdivision.

46 Subsection 195A(3)

Repeal the subsection, substitute:

(3) A reference in this Part to an educational institution includes a

reference to an institution that has at any time been an educational

institution.

47 Paragraphs 195B(1)(a) and (b)

Repeal the paragraphs.

48 Paragraph 195B(1)(e)

Omit “135P(1A)(b), 135ZZB(1A)(b)”, substitute “113V(2)(b)”.

49 Paragraph 195B(1)(f)

Omit “135Q(2)(a), 135ZZC(2)(a)”, substitute “113X(2)(a)”.

50 Subsection 195B(2)

Repeal the subsection.

51 Subsection 195B(4)

Omit “(2) or”.

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52 Subsection 195B(4)

Omit “(2)(b) or (c) or (3)(b), as the case requires,”, substitute “(3)(b)”.

53 Subsections 200(3) and (4)

After “subsections (1),”, insert “(1A),”.

54 Section 200AA

Repeal the section.

55 Paragraph 200AB(1)(b)

Omit “, (3) or (4)”, substitute “or (3)”.

56 Subsection 200AB(4)

Repeal the subsection.

57 Subsection 200AB(6) (examples 1 and 2)

Repeal the examples, substitute:

Example: Paragraph (a)—Without using a device adapted for producing multiple

copies or a device that can produce copies by reprographic

reproduction, a school teacher copies a literary work in the course of

educational instruction. Under subsection 200(1), the copying is not an

infringement of copyright in the work, so this section does not apply.

58 After subsection 200AB(6)

Insert:

(6AA) In working out, for the purposes of subsection 113Q(2) (about the

meaning of licensed copying or communication), whether copying

or communicating does not infringe copyright only because of

section 113P, disregard this section.

59 Subsection 200AB(6A)

Omit “, (3)(c) or (4)(c)”, substitute “or (3)(c)”.

60 Subparagraph 203A(1)(b)(i)

Omit “, 50, 51A or 110B”, substitute “or 50”.

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61 Section 203D

Repeal the section.

62 Section 203E (heading)

Repeal the heading, substitute:

203E Inspection of records and declarations retained in records of

libraries and archives

63 Subsection 203E(1)

Repeal the subsection, substitute:

(1) The owner of the copyright in a work, sound recording or

cinematograph film, or the agent of such an owner, 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:

(a) all the relevant declarations retained in the records of the

library or archives that relate to the making, in reliance on

section 49 or 50, of copies of works or parts of works or of

copies of other subject-matter; or

(b) such of those declarations as:

(i) relate to the making, in reliance on section 49 or 50, of

copies of works or parts of works or of copies of other

subject-matter; and

(ii) were made during a period specified in the notice.

(2) The day specified in the notice must be an ordinary working day of

the library or archives that is at least 7 days after the notice is

given.

64 Paragraphs 203F(a) and 203G(a)

Omit “, 50, 51A or 110B”, substitute “or 50”.

65 Subsection 203H(1)

Omit “, 50 or 51A”, substitute “or 50”.

66 Subsection 203H(2)

Repeal the subsection.

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67 Paragraph 203H(4)(a)

Repeal the paragraph, substitute:

(a) the person makes a notation described in subsection (1) on a

reproduction of a work or part of a work; and

68 Subsection 203H(5)

Omit “subsections (1) and (2)”, substitute “subsection (1)”.

69 Subparagraphs 203H(5)(b)(iv) and (c)(iv)

Omit “those subsections apply”, substitute “that subsection applies”.

70 Subsections 203H(6) to (10)

Repeal the subsections.

71 Subsection 248A(1) (at the end of paragraph (aa) of the definition of exempt recording)

Add:

Note: See subsection (1A).

72 Subsection 248A(1) (paragraphs (c), (d) and (e) of the definition of exempt recording)

Repeal the paragraphs, substitute:

(c) a direct or indirect sound recording or cinematograph film of

a performance if the recording or film is made:

(i) by, or on behalf of, the body administering an

educational institution; and

(ii) solely for the educational purposes of that or another

educational institution; or

Note: See section 248B.

(d) a direct or indirect sound recording or cinematograph film of

a performance if the recording or film is a fair dealing with

the performance for the purpose of one or more persons with

a disability having access to copyright material; or

(e) a direct or indirect sound recording or cinematograph film of

a performance if the recording or film is made:

(i) by, or on behalf of, an organisation assisting persons

with a disability; and

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(ii) solely for the purpose of assisting one or more persons

with a disability to access copyright material in a format

that the person or persons require because of the

disability (whether the access is provided by or on

behalf of the organisation or by another body or

person); or

(ea) a direct or indirect sound recording or cinematograph film of

a performance if the recording or film is made by an

authorized officer of a library or archives to which

Subdivision A of Division 3 of Part IVA applies solely for

any of the following purposes:

(i) the purpose of preserving the collection comprising that

or another library or archives to which that Subdivision

applies;

(ii) the purpose of research carried out at that or another

library or archives to which that Subdivision applies;

(iii) purposes directly related to the care of control of the

collection comprising the library or archives; or

(eb) a direct or indirect sound recording or cinematograph film of

a performance if the recording or film is made by an

authorized officer of a key cultural institution solely for the

purpose of preserving copyright material that:

(i) forms part of the collection comprising the key cultural

institution; and

(ii) the authorized officer is satisfied is of historical or

cultural significance to Australia; or

73 Subsection 248A(1) (paragraphs (ja) and (k) of the definition of exempt recording)

Repeal the paragraphs, substitute:

(ja) a copy of a sound recording if:

(i) paragraph (aa), (c), (d), (e), (ea), (eb), (fa), (g) or (j)

applies to the sound recording; and

(ii) the copy is made solely for a purpose mentioned in any

of those paragraphs (other than paragraph (j)); or

(k) a copy of a cinematograph film if:

(i) paragraph (a), (b), (c), (d), (e), (ea), (eb), (f), (g) or (j)

applies to the film; and

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(ii) the copy is made solely for a purpose mentioned in any

of those paragraphs (other than paragraph (j)); or

74 Subsection 248A(1) (paragraph (n) of the definition of exempt recording)

Repeal the paragraph, substitute:

(n) a copy of a sound recording or cinematograph film of a

performance if:

(i) paragraph (j) applies to the recording or film; and

(ii) the copy is made 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

75 Subsections 248C(1A) and (2)

Repeal the subsections, substitute:

(1A) A sound recording, or a copy of a sound recording, ceases to be an

exempt recording if it:

(a) is an exempt recording because it was made for a purpose

mentioned in paragraph (aaa), (aa), (c), (d), (e), (ea), (eb) or

(fa) of the definition of exempt recording in

subsection 248A(1); and

(b) is used for a purpose not mentioned in those paragraphs

without the authority of the performer.

(2) A cinematograph film, or a copy of a cinematograph film, ceases to

be an exempt recording if it:

(a) is an exempt recording because it was made for a purpose

mentioned in paragraph (a), (aaa), (b), (c), (d), (e), (ea), (eb)

or (f) of the definition of exempt recording in

subsection 248A(1); and

(b) is used for a purpose not mentioned in those paragraphs

without the authority of the performer.

76 Subsection 248G(1) (note)

Repeal the note, substitute:

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Note: An educational institution can copy and communicate a broadcast of a

performance without the authority of the performer in some

circumstances: see Division 4 of Part IVA.

77 Subsection 248PC(7) (note 2)

Omit “or other”.

78 Subsection 248PC(7) (note 2)

Omit “sections 135E and 135F”, substitute “Division 4 of Part IVA”.

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Part 3—Transitional provisions

79 Definitions

In this Part:

new law means the Copyright Act 1968, as amended by this Schedule.

old law means the Copyright Act 1968, as in force immediately before

the commencement of this item.

80 Preservation and research

(1) Subsection 113H(2) of the new law applies to copyright material that

was made:

(a) under subsection 51A(1) or 110B(1) or (2) of the old law;

and

(b) for the purpose of preserving or replacing copyright material

that formed part of a collection;

as if:

(c) subsection 113H(1) of the new law applied to the making of

the material; and

(d) the material had been made for the purpose of preserving the

collection.

(2) Subsection 113J(2) of the new law applies to copyright material that

was made:

(a) under subsection 51A(1) or 110B(1) or (2) of the old law;

and

(b) for the purpose of research that was, or was to be, carried out

at a library or archives;

as if:

(c) subsection 113J(1) of the new law applied to the making of

the material; and

(d) the material had been made for the purpose of research

carried out at the library or archives.

(3) Subsection 113M(2) of the new law applies to copyright material that

was made:

(a) under section 51B, 110BA or 112AA of the old law; and

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(b) for the purpose of preserving or replacing copyright material

held in a collection;

as if:

(c) subsection 113M(1) of the new law applied to the making of

the material; and

(d) the material had been made for the purpose of preserving

copyright material that formed part of the collection.

81 Key cultural institutions

A regulation:

(a) made for the purposes of subparagraph 51B(1)(a)(ii),

110BA(1)(a)(ii) or 112AA(1)(a)(ii) of the old law; and

(b) in force immediately before the commencement of this item;

has effect, from that commencement, as if it had been made for the

purposes of paragraph 113L(b) of the new law.

82 Educational and other institutions

(1) Despite the repeal of subsection 135E(2) of the old law by this

Schedule, if:

(a) a copy or communication was made before the

commencement of this item; and

(b) a thing mentioned in paragraph (a), (b) or (c) of that

subsection is done, in relation to the copy or communication,

on or after that commencement;

that subsection applies to the making of the copy or communication, in

relation to the thing done.

(2) Despite the repeal of subsection 135U(2) of the old law by this

Schedule, if:

(a) a copy is made before the commencement of this item; and

(b) a thing mentioned in paragraph (a), (b) or (c) of that

subsection is done, in relation to the copy, on or after that

commencement;

that subsection applies to the making of the copy, in relation to the thing

done.

(3) Despite the repeal of subsection 135ZZH(1) of the old law by this

Schedule, if:

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(a) a copy, record or version was made before the

commencement of this item; and

(b) a thing mentioned in paragraph (a), (b) or (c) of that

subsection is done, in relation to the copy, record or version,

on or after that commencement;

that subsection applies to the making or communication of the copy,

record or version, in relation to the thing done.

83 Educational institutions—licensed copying and communicating

Applications

(1) The following table has effect in relation to an application mentioned in

column 1 which the Copyright Tribunal did not fully deal with before

the commencement of this item:

Applications

Item Column 1

An application made under …

Column 2

has effect, from the

commencement of this item, as if

the application had been made

under …

1 subsection 135ZWAA(2) or

135ZX(2A) of the old law

paragraph 113P(4)(b) of the new law

for the purposes of

subparagraph 113P(1)(e)(ii).

2 subsection 135JAA(2) or 135K(2A)

of the old law

paragraph 113P(4)(b) of the new law

for the purposes of

subparagraph 113P(2)(d)(ii).

3 subsection 135H(1), 135J(1),

135JA(1), 135ZV(1), 135ZW(1) or

135ZWA(1) or (2) of the old law

paragraph 113R(2)(b) of the new

law.

4 section 135SA or 135ZZEA of the

old law

subsection 113ZB(1) of the new law.

(2) To avoid doubt, at the commencement of this item, the parties to an

application to which item 4 of the table applies are the persons or

organizations that were parties to the application immediately before

that commencement.

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Agreements, determinations, remuneration notices and orders

(3) The following table has effect:

Agreements, determinations, remuneration notices and orders

Item Column 1

If …

Column 2

is in force immediately before the

commencement of this item, it has

effect, from that commencement, as

if it had been …

1 an agreement made under

subsection 135ZWAA(2) or

135ZX(2A) of the old law

made under

subparagraph 113P(1)(e)(i) of the

new law.

2 an agreement made under

subsection 135JAA(2) or 135K(2A)

of the old law

made under

subparagraph 113P(2)(d)(i) of the

new law.

3 a determination made under

subsection 135ZWAA(2) or

135ZX(2A) of the old law

made under subsection 113P(4) of the

new law for the purposes of

subparagraph 113P(1)(e)(ii).

4 a determination made under

subsection 135JAA(2) or

135ZK(2A) of the old law

made under subsection 113P(4) of the

new law for the purposes of

subparagraph 113P(2)(d)(ii).

5 a remuneration notice given under

Part VA or VB of the old law

given under section 113Q of the new

law.

6 an agreement made under

subsection 135H(1), 135J(1),

135JA(1), 135ZV(1), 135ZW(1) or

135ZWA(1) or (2) of the old law

made under paragraph 113R(1)(a) of

the new law.

7 a determination made under

subsection 135H(1), 135J(1),

135JA(1), 135ZV(1), 135ZW(1) or

135ZWA(1) or (2) of the old law

made under subsection 113R(2) of

the new law.

8 an order made under

paragraph 153DE(4)(b) of the old

law

made under paragraph 113ZB(2)(b)

of the new law in relation to each

works collecting society.

9 an order made under

paragraph 153BAD(4)(b) of the old

law

made under paragraph 113ZB(2)(b)

of the new law in relation to the

broadcasts collecting society.

10 an order made under made under paragraph 113ZB(2)(c)

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Agreements, determinations, remuneration notices and orders

Item Column 1

If …

Column 2

is in force immediately before the

commencement of this item, it has

effect, from that commencement, as

if it had been …

paragraph 153DE(4)(c) of the old

law

of the new law in relation to each

works collecting society.

11 an order made under

paragraph 153BAD(4)(c) of the old

law

made under paragraph 113ZB(2)(c)

of the new law in relation to the

broadcasts collecting society.

Collecting societies

(4) A declaration:

(a) made under section 135ZZB of the old law in relation to a

body; and

(b) in force immediately before the commencement of this item;

has effect, from that commencement, as if it were a declaration made

under section 113V of the new law and to which

subparagraph 113V(4)(a)(i) applied.

(5) A declaration:

(a) made under section 135P of the old law in relation to a body;

and

(b) in force immediately before the commencement of this item;

has effect, from that commencement, as if it were a declaration made

under section 113V of the new law and to which

subparagraph 113V(4)(a)(ii) applied.

(6) Section 113Z of the new law applies to financial years ending on or

after the commencement of this item.

84 Inspection notices

A notice:

(a) given under paragraph 203E(1)(a) of the old law; and

(b) specifying a day occurring on or after the day this item

commences;

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has effect, from that commencement, as if it had been given under

subsection 203E(1) of the new law.

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Schedule 2—Duration of copyright

Copyright Act 1968

1 Subsection 10(1)

Insert:

generally known: without limiting when the identity of the author

of a work is generally known, the identity is generally known if it

can be ascertained by reasonable enquiry.

made public has a meaning affected by section 29A.

2 Subsection 14(2)

Omit “180,”.

3 After section 29

Insert:

29A Making public

(1) Without limiting when a work is made public, it is made public

when:

(a) the work, or an adaptation of the work, is:

(i) published, performed in public, broadcast or otherwise

communicated to the public; or

(ii) if the work is an artistic work—exhibited in public; or

(b) if the work is an artistic work included in a cinematograph

film—the film is seen in public; or

(c) if the work is a building—the building has been constructed;

or

(d) records of the work, or of an adaptation of the work, are:

(i) offered to the public (whether or not for sale); or

(ii) exposed for sale to the public.

(2) Without limiting when copyright material other than a work is

made public, the material is made public when:

(a) it is published; or

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(b) if the material is a sound recording—it is:

(i) heard in public; or

(ii) communicated to the public; or

(c) if the material is a cinematograph film—it is:

(i) seen in public (to the extent it consists of visual

images); or

(ii) heard in public (to the extent it consists of sounds); or

(iii) communicated to the public; or

(d) copies of the material are:

(i) offered to the public (whether or not for sale); or

(ii) exposed for sale to the public.

(3) Subsections 29(4) to (7) apply, for the purposes of this section, in

relation to making public in the same way as those subsections

apply in relation to publication.

4 Sections 33 and 34

Repeal the sections, substitute:

33 Duration of copyright in original works

(1) This section applies to copyright that subsists in a work under this

Part.

Works first made public before 1 January 2019

(2) The following table has effect if the work was first made public

before 1 January 2019.

Duration of copyright—works first made public before 1 January 2019

Item Column 1

If …

Column 2

the copyright continues

to subsist until …

1 no other item of this table applies 70 years after the

calendar year in which

the author of the work

died.

2 (a) the work is:

(i) a literary work (other than a

70 years after the

calendar year in which

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Duration of copyright—works first made public before 1 January 2019

Item Column 1

If …

Column 2

the copyright continues

to subsist until …

computer program); or

(ii) a dramatic work; or

(iii) a musical work; or

(iv) an engraving; and

(b) the author of the work has died; and

(c) the work was not first made public before

the author died; and

(d) item 3 does not apply

the work was first made

public.

3 the identity of the author of the work is not

generally known at any time before the end of

70 years after the calendar year in which the

work was first made public

70 years after the

calendar year in which

the work was first made

public.

Works never made public, and works first made public on or after

1 January 2019

(3) The following table has effect if the work was not first made public

before 1 January 2019.

Duration of copyright—works not first made public before 1 January 2019

Item Column 1

If …

Column 2

the copyright continues

to subsist until …

1 no other item of this table applies 70 years after the

calendar year in which

the author of the work

died.

2 (a) the identity of the author is not generally

known at any time before the end of 70

years after the calendar year in which the

work was made; and

(b) the work is not first made public before the

end of 50 years after the calendar year in

which the work was made

70 years after the

calendar year in which

the work was made.

3 (a) the identity of the author is not generally 70 years after the

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Duration of copyright—works not first made public before 1 January 2019

Item Column 1

If …

Column 2

the copyright continues

to subsist until …

known at any time before the end of 70

years after the calendar year in which the

work was first made public; and

(b) the work is first made public before the

end of 50 years after the calendar year in

which the work was made

calendar year in which

the work was first made

public.

5 Sections 79 and 80

Repeal the sections, substitute:

79 References to any one or more of joint authors

A reference in section 32 to the author of a work is taken to be a

reference to any one or more of the authors of the work if the work

is a work of joint authorship.

79A References to the identity of none of joint authors being

generally known

A reference in any of the following provisions to the identity of the

author of a work not being generally known is taken to be a

reference to the identity of none of the authors of the work being

generally known if the work is a work of joint authorship:

(a) item 3 of the table in subsection 33(2);

(b) item 2 or 3 of the table in subsection 33(3).

80 References to whichever of joint authors died last

A reference in any of the following provisions to the author of a

work is taken to be a reference to the author who died last if the

work is a work of joint authorship to which section 81 does not

apply:

(a) item 1 or 2 of the table in subsection 33(2);

(b) item 1 of the table in subsection 33(3);

(c) section 51.

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6 Subsection 81(2)

Omit “or could be ascertained by reasonable inquiry”.

7 Subsection 81(3)

Repeal the subsection, substitute:

(3) A reference in any of the provisions mentioned in subsection (3A)

to the author of the work is taken to be a reference to:

(a) the author whose identity was disclosed; or

(b) if the identity of 2 or more of the authors was disclosed—

whichever of those authors died last.

(3A) The provisions are as follows:

(a) item 1 or 2 of the table in subsection 33(2);

(b) item 1 of the table in subsection 33(3).

8 Paragraph 81(4)(b)

Omit “or can be ascertained by reasonable inquiry”.

9 Sections 93 and 94

Repeal the sections, substitute:

93 Duration of copyright in sound recordings and films

(1) This section applies to copyright that subsists in copyright material

under this Part, if the material is:

(a) a sound recording; or

(b) a cinematograph film.

Copyright material first made public before 1 January 2019

(2) The copyright continues to subsist until 70 years after the calendar

year in which the copyright material was first made public if the

material was first made public before 1 January 2019.

Copyright material never made public, and material first made

public on or after 1 January 2019

(3) The following table has effect if the copyright material was not

first made public before 1 January 2019.

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Duration of copyright—copyright material not first made public before

1 January 2019

Item Column 1

If …

Column 2

the copyright continues

to subsist until …

1 the copyright material is first made public

before the end of 50 years after the calendar

year in which the material was made

70 years after the

calendar year in which

the material was first

made public.

2 item 1 does not apply 70 years after the

calendar year in which

the copyright material

was made.

10 At the end of paragraph 129(2)(a)

Add “and”.

11 Paragraph 129(2)(c)

Omit “or can be ascertained by reasonable inquiry”.

12 Sections 180 and 181

Repeal the sections, substitute:

180 Duration of Crown copyright in original works, sound

recordings and films

Copyright in copyright material subsists until 50 years after the

calendar year in which the material is made if:

(a) the material is a work, sound recording or cinematograph

film; and

(b) the Commonwealth or a State:

(a) is the owner; or

(b) would, but for an agreement to which section 179

applies, be the owner;

of copyright in the material.

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13 Before section 184

Insert:

Division 1—Foreign countries

14 Before section 186

Insert:

Division 2—International organizations

15 At the end of paragraph 187(1)(a)

Add “and”.

16 Paragraph 187(1)(b)

Repeal the paragraph.

17 At the end of paragraph 187(2)(a)

Add “and”.

18 Paragraph 187(2)(b)

Repeal the paragraph.

19 At the end of section 187

Add:

(4) This section has effect subject to section 188A.

20 At the end of paragraph 188(1)(a)

Add “and”.

21 Paragraph 188(1)(b)

Repeal the paragraph.

22 At the end of paragraph 188(2)(a)

Add “and”.

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23 Paragraph 188(2)(b)

Repeal the paragraph.

24 At the end of paragraph 188(3)(a)

Add “and”.

25 Paragraph 188(3)(b)

Repeal the paragraph.

26 At the end of section 188

Add:

(5) This section has effect subject to section 188A.

27 At the end of Part VIII

Add:

188A Duration of international organization copyright

(1) This section applies to copyright that subsists in copyright material

under section 187 or 188.

Copyright material first made public before 1 January 2019

(2) The copyright continues to subsist, subject to subsection (4), until

70 years after the calendar year in which the copyright material

was first made public if the material was first made public before

1 January 2019.

Copyright material never made public, and material first made

public on or after 1 January 2019

(3) The following table has effect, subject to subsection (4), if the

copyright material was not first made public before 1 January

2019.

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Duration of copyright—copyright material not first made public before

1 January 2019

Item Column 1

If …

Column 2

the copyright continues

to subsist until …

1 the copyright material is first made public

before the end of 50 years after the calendar

year in which the material was made

70 years after the

calendar year in which

the material was first

made public.

2 item 1 does not apply 70 years after the

calendar year in which

the copyright material

was made.

Editions

(4) If the copyright material is an edition to which subsection 188(3)

applies, the copyright continues to subsist until 25 years after the

calendar year in which the edition was first made public.

28 Sections 233 to 235

Repeal the sections, substitute:

235 Crown copyright in films

(1) This section applies to a cinematograph film made before the

commencement of this Act.

(2) Section 178 does not apply in relation to the film.

(3) Sections 176, 177 and 180 apply:

(a) in relation to the film in accordance with subsection 222(1) if

the film was an original dramatic work (within the meaning

of section 204); and

(b) in relation to photographs forming part of the film in the

same way as those sections apply in relation to photographs

not forming part of a cinematograph film.

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29 Application of amendments

The amendments made by this Schedule apply in relation to copyright

material made before, on or after the commencement of this item.

30 Transitional provision

If the amendments made by this Schedule would have the effect that

copyright in copyright material ceased to subsist at a time occurring

before the commencement of this item, that copyright ceases to subsist

on the commencement of this item, instead of at that earlier time.

31 Compensation for acquisition of property

(1) If the operation of this Schedule would result in an acquisition of

property (within the meaning of paragraph 51(xxxi) of the Constitution)

from a person otherwise than on just terms (within the meaning of that

paragraph), the Commonwealth is liable to pay a reasonable amount of

compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the

compensation, the person may institute proceedings in:

(a) the Federal Court of Australia; or

(b) the Supreme Court of a State or Territory;

for the recovery from the Commonwealth of such reasonable amount of

compensation as the court determines.

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Schedule 3—Minor amendments

Part 1—References to Attorney-General

Copyright Act 1968

1 Section 135ZZX

Omit “Attorney-General”, substitute “Minister”.

2 Subsection 183(6)

Omit “by the Attorney-General of the Commonwealth or the

Attorney-General of the State.”, substitute:

by:

(a) in the case of the Commonwealth—the Minister; or

(b) in the case of a State—the Minister of the State with

responsibility for copyright.

3 Subsection 183D(1)

Omit “Attorney-General”, substitute “Minister”.

4 Paragraph 183D(4)(b)

Omit “Attorney-General”, substitute “Minister”.

5 Subsection 183D(5)

Omit “Attorney-General” (wherever occurring), substitute “Minister”.

6 Section 183E

Omit “Attorney-General”, substitute “Minister”.

7 Transitional—amendments do not affect things done

Things done under amended provisions

(1) Subitem (2) applies to a thing done under a provision of the Copyright

Act 1968 if:

(a) the provision is amended by an item of this Part; and

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(b) the thing was in force immediately before the

commencement of that item.

(2) The thing has effect, after the commencement of that item, as if it had

been done under that provision as amended by that item. However, this

is not taken to change the time at which the thing was actually done.

Amendments do not affect requirements for things done

(3) Subitem (4) applies to a thing done under the Copyright Act 1968 if:

(a) the thing was in force, and complied with a requirement of

that Act, immediately before the commencement of an item

of this Part; and

(b) immediately after the commencement of that item, the thing

fails to comply with that requirement solely because of the

amendments of that Act made by that item.

(4) Disregard those amendments when considering, on and after the

commencement of that item, whether the thing complies with that

requirement.

Meaning of thing done

(5) In this item, a thing done includes:

(a) the making of an instrument; and

(b) the making of a decision.

8 Instrument may deal with transitional etc. matters

(1) The Minister may, by legislative instrument, make rules prescribing

matters of a transitional nature (including prescribing any saving or

application provisions) relating to the amendments or repeals made by

this Part.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

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(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act or an Act

amended by this Part;

(e) directly amend the text of this Act or an Act amended by this

Part.

(3) This Part (other than subitem (2) of this item) does not limit the rules

that may be made for the purposes of subitem (1).

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Copyright Act 1968

9 Subsection 10(1)

Insert:

international agreement means:

(a) a convention to which Australia is a party; or

(b) an agreement or arrangement between Australia and a foreign

country, including an agreement, arrangement or

understanding between a Minister and an official or authority

of a foreign country.

10 Subsection 184(3)

Repeal the subsection, substitute:

(3) Before the Governor-General makes a regulation for the purposes

of subsection (1) applying a provision of this Act in relation to a

country other than Australia:

(a) the country must be a party to an international agreement

specified, in relation to the provision of this Act, by the

regulations for the purposes of this paragraph; or

(b) the Minister must be satisfied that adequate protection is or

will be given under the law of the country to owners of

copyright under this Act in the class of works or other

subject-matter to which the provision of this Act relates.

11 Subsection 185(1)

Repeal the subsection.

12 Subsection 185(2)

Omit “Regulations made for the purposes of this section may”,

substitute “The regulations may, subject to subsection (3),”.

13 Subsection 185(3)

Repeal the subsection, substitute:

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(3) Before the Governor-General makes a regulation for the purposes

of subsection (2) in relation to a country:

(a) the Minister must be satisfied that that the law of the country:

(i) does not give adequate protection to Australian works;

or

(ii) does not give adequate protection in relation to a class

or classes of such works;

(whether the lack of protection relates to the nature of the

work or the nationality, citizenship or country of residence of

its author, or all of those matters); and

(b) the Minister must have regard to the nature and extent of that

lack of protection.

14 Subsection 186(1)

Repeal the subsection, substitute:

(1) The regulations may, subject to subsection (1A), declare an

organization:

(a) of which 2 or more countries, or the Governments of 2 or

more countries, are members; or

(b) that is constituted by persons representing 2 or more

countries, or representing the Governments of 2 or more

countries;

to be an international organization to which this Act applies.

(1A) Before the Governor-General makes a regulation for the purposes

of subsection (1) in relation to an organization, the Minister must

be satisfied that it is desirable that this Act should apply in relation

to the organization.

15 Subsection 248U(3)

Repeal the subsection, substitute:

(3) Before the Governor-General makes a regulation for the purposes

of subsection (1) applying a provision of this Part in relation to a

foreign country:

(a) the country must be a party to an international agreement

specified, in relation to the provision of this Part, by the

regulations for the purposes of this paragraph; or

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(b) the Minister must be satisfied that adequate protection is or

will be given under the law of the country to performers in

performances:

(i) protected under this Act; and

(ii) to which the provision of this Part relates.

16 Subsection 248V(1)

Repeal the subsection.

17 Subsection 248V(2)

Omit “Regulations made for the purposes of this section may”,

substitute “The regulations may, subject to subsection (3),”.

18 At the end of section 248V

Add:

(3) Before the Governor-General makes a regulation for the purposes

of subsection (2) in relation to a foreign country:

(a) the Minister must be satisfied that that the law of the country

does not give adequate protection to Australian performances

(whether the lack of protection relates to all or any of the

ways that the provisions may be applied by the regulations

under subsection 248U(1)); and

(b) the Minister must have regard to the nature and extent of that

lack of protection.

19 Application of amendments

The amendments made by items 10 to 18 of this Schedule apply in

relation to a regulation made on or after the commencement of this

item.

[Minister’s second reading speech made in—

House of Representatives on 22 March 2017

Senate on 29 March 2017]

(40/17)

Authorised Version C2017A00049