Copyright Regulations 2017
Authorised Version F2019C00032 registered 10/01/2019
made under the
Copyright Act 1968
Compilation No. 1
Compilation date: 29 December 2018
Includes amendments up to: F2018L01718
Registered: 10 January 2019
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Copyright Regulations 2017 that shows the text of the law as
amended and in force on 29 December 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending
laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any
uncommenced amendments affecting the law are accessible on the Legislation Register
(www.legislation.gov.au). The details of amendments made up to, but not commenced at, the
compilation date are underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an
application, saving or transitional provision that is not included in this compilation, details are
included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the
modification does not amend the text of the law. Accordingly, this compilation does not show
the text of the compiled law as modified. For more information on any modifications, see the
series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the
law, details are included in the endnotes.
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Contents
Part 1—Preliminary 1 1 Name........................................................................................................................... 1
3 Authority..................................................................................................................... 1
4 Definitions .................................................................................................................. 1
Part 2—Copyright in original works 4 5 Notices to be displayed near library or archive machines used to make
infringing copies—paragraph 39A(b) of the Act ........................................................ 4
6 Notice requirements for communication of electronic reproduction by library
or archives—subparagraph 49(7A)(c)(ii) of the Act ................................................... 4
7 Notice of intended publication of unpublished work kept in public library—
paragraphs 52(1)(b) and (2)(b) of the Act ................................................................... 4
8 Countries in relation to which Division 6 of Part III of the Act applies—
subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act ................... 5
9 Notice of intended making of record of musical work ................................................ 5
10 Prescribed period relating to making of records of musical works—
subsection 55(3) of the Act ......................................................................................... 6
11 Inquiries relating to previous records of musical works—section 61 of the Act......... 7
12 Circumstances in which design is taken to be applied industrially—section 77
of the Act .................................................................................................................... 8
Part 3—Copyright in subject-matter other than works 9 13 Notices to be displayed near library or archive machines used to make
infringing copies—paragraph 104B(b) of the Act....................................................... 9
14 Prescribed period relating to public performance of recordings first published
outside Australia—paragraph 108(1)(b) of the Act..................................................... 9
15 Prescribed period relating to broadcasts of recordings not published in
Australia—subsection 109(3) of the Act..................................................................... 9
Part 4—Uses that do not infringe copyright 10 16 Bodies administering key cultural institutions—paragraph 113L(b) of the Act.........10
Part 5—Collecting societies 11 17 Rules of a collecting society—paragraphs 113W(d), 135ZZT(3)(d),
135ZZZO(7)(d) and 153F(6)(f) of the Act.................................................................11
Part 6—Limitation on remedies available against service providers 14
Division 1—Preliminary 14
18 Industry codes developed by carriage service providers ............................................14
18A Industry codes developed by designated service providers ........................................14
19 Designated representatives.........................................................................................16
20 Requirements for notifications and notices ................................................................16
Division 2—Conditions—cached copyright material 17
21 Notification relating to Category B activity ...............................................................17
Division 3—Conditions—copyright material found to be infringing by an
Australian court 18
22 Notice in relation to Category C and D activities.......................................................18
Division 4—Conditions—takedown of copyright material following notice 19
23 Application of this Division.......................................................................................19
24 Notice of claimed infringement .................................................................................19
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25 Takedown procedure..................................................................................................19
26 Counter-notice ...........................................................................................................20
27 Copy of counter-notice to be sent to copyright owner ...............................................20
28 Restoring copyright material......................................................................................20
Division 5—Conditions—procedure following takedown of copyright material
without notice from copyright owner, exclusive licensee or agent 22
29 Application of this Division.......................................................................................22
30 Notice to user .............................................................................................................22
31 Counter-notice ...........................................................................................................23
32 Restoring copyright material......................................................................................23
Division 6—Conditions—takedown of reference to copyright material
following notice from copyright owner, exclusive licensee or
agent 24
33 Application of this Division.......................................................................................24
34 Notice of claimed infringement .................................................................................24
35 Takedown procedure..................................................................................................24
Division 7—Civil remedies 25
36 Authority....................................................................................................................25
37 Action taken to comply with a condition ...................................................................25
38 Failure to restore or enable access to copyright material ...........................................25
39 Misrepresentations in notifications and notices .........................................................25
Part 7—Technological protection measures 27 40 Non-infringing acts enabled by circumvention of access control technological
protection measures that are not actionable—paragraphs 116AN(9)(c) and
132APC(9)(c) of the Act............................................................................................27
Part 8—Infringement notices and forfeiture of infringing articles and
devices 29
Division 1—Preliminary 29
41 Object of this Part ......................................................................................................29
42 Provisions subject to an infringement notice .............................................................29
Division 2—Infringement notices 31
43 When an infringement notice may be given...............................................................31
44 Matters to be included in an infringement notice .......................................................31
45 Extension of time to pay amount ...............................................................................32
46 Withdrawal of an infringement notice .......................................................................33
47 Effect of payment of amount......................................................................................34
48 Effect of this Part .......................................................................................................34
Division 3—Forfeiture of infringing articles and devices 35
49 Forfeiture of infringing articles and devices ..............................................................35
Part 9—Seizure of imported copies of copyright material 36 50 Definition of action period in section 134B of the Act ..............................................36
51 Definition of claim period in section 134B of the Act ...............................................36
52 Information to be given to Comptroller-General of Customs about objection
to importation of copies of works etc.—paragraph 135(8)(c) of the Act ...................36
53 Seizure of copies of works etc. imported into certain external Territories—
subsection 135(9) of the Act ......................................................................................36
54 Claim for release of seized copies—section 135AEA of the Act...............................37
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Part 10—Retransmission of free-to-air broadcasts 39 55 Identity cards—subsection 135ZZQ(1) of the Act .....................................................39
Part 11—Copyright Tribunal 40
Division 1—Preliminary 40
56 Authority....................................................................................................................40
57 Organizations treated like persons .............................................................................40
Division 2—General provisions 41
58 Seal of Tribunal .........................................................................................................41
59 Filing of documents ...................................................................................................41
60 Address for service ....................................................................................................41
61 Tribunal may direct alternative means of service or dispense with service................42
62 Notification of orders of Tribunal and of reasons ......................................................42
Division 3—Applications and references to the Tribunal 43
Subdivision A—General provisions about applications and references to the
Tribunal 43
63 Form, content and filing of application or reference to the Tribunal..........................43
64 Giving application or reference to other parties .........................................................43
65 Advertising of applications and references ................................................................43
66 Hearing of application or reference............................................................................44
Subdivision B—Provisions about particular kinds of applications and references
to the Tribunal 45
67 Matters to be included in application under subsection 47(3) of the Act ...................45
68 Matters to be included in application under paragraph 59(3)(b) of the Act ...............45
69 Matters to be included in application under subsection 70(3) of the Act ...................46
70 Matters to be included in application under subsection 107(3) of the Act .................46
71 Matters to be included in application under paragraph 108(1)(a) of the Act..............47
72 Matters to be included in application under paragraph 113P(4)(b) of the Act ...........47
73 Application under paragraph 113R(2)(b) of the Act ..................................................47
74 Matters to be included in application under paragraph 113S(4)(b) of the Act ...........49
75 Matters to be included in references under paragraph 113V(2)(c) of the Act ............49
76 Matters to be included in references under paragraph 113X(2)(b) of the Act ............49
77 Matters to be included in applications under subsection 113ZB(1) of the Act...........50
78 Matters to be included in application under subsection 135ZZM(1) of the Act .........50
79 Matters to be included in application under subsection 135ZZN(3) of the Act..........51
80 Matters to be included in references under paragraph 135ZZT(1A)(c) of the
Act .............................................................................................................................51
81 Matters to be included in references under paragraph 135ZZU(2)(b) of the
Act .............................................................................................................................52
82 Matters to be included in application under subsection 135ZZWA(1) of the
Act .............................................................................................................................52
83 Matters to be included in application under subsection 135ZZZS(1) of the Act........52
84 Matters to be included in application under subsection 152(2) of the Act .................53
85 Matters to be included in application under subsection 152(12) of the Act ...............53
86 Matters to be included in application under subsection 153F(1) of the Act ...............53
87 Matters to be included in application under subsection 153G(1) of the Act ..............54
88 Matters to be included in application under subsection 153K(1) of the Act ..............54
89 Matters to be included in reference under section 154 of the Act ..............................55
90 Reference of existing licence scheme under section 155 of the Act...........................55
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91 Reference under section 156 of the Act .....................................................................56
92 Application for leave under subsection 156(2) of the Act to refer licence
scheme to the Tribunal...............................................................................................57
93 Application under subsection 157(1) of the Act.........................................................58
94 Application under subsection 157(2) of the Act.........................................................58
95 Application under subsection 157(3) of the Act.........................................................58
96 Applications under subsection 157(4) of the Act .......................................................59
97 Application under subsection 183(5) of the Act.........................................................60
98 Matters to be included in applications under subsection 183F(1) of the Act .............60
Subdivision C—Applications ancillary to Tribunal proceedings 61
99 Application to be made a party to a Tribunal proceeding ..........................................61
100 Application for order about matter related to Tribunal proceeding............................62
101 Consenting to order about matter related to Tribunal proceeding ..............................62
102 When notice or copy of application under section 100 need not be given .................62
103 Dealing with application under section 100 ...............................................................63
Division 4—Ancillary matters 64
Subdivision A—General 64
104 Consolidating applications and references .................................................................64
105 Directions as to procedure..........................................................................................64
106 Request as to constitution of Tribunal........................................................................65
107 Withdrawal of application or reference......................................................................65
108 Amendment of documents .........................................................................................66
Subdivision B—References of questions of law to Federal Court of Australia 66
109 Request for reference of question of law to Federal Court of Australia .....................66
110 Fixing new date for hearing if party requests reference of question of law to
Federal Court of Australia..........................................................................................67
111 Adjournment of Tribunal proceeding pending decision of Federal Court of
Australia.....................................................................................................................67
112 Tribunal proceeding after determination of question of law by Federal Court
of Australia ................................................................................................................68
113 Prescribed period for purposes of subsection 161(2) of the Act.................................68
114 Prescribed period for purposes of subsection 161(3) of the Act.................................68
115 Suspension of orders of Tribunal pending reference of question of law to
Federal Court of Australia..........................................................................................68
116 Modified operation of Part VI of the Act in relation to suspended Tribunal
orders .........................................................................................................................69
Division 5—Miscellaneous 70
117 Parties to Tribunal proceeding are also parties to ancillary application
connected with Tribunal proceeding ..........................................................................70
118 Extension of time .......................................................................................................70
119 Fees for copies ...........................................................................................................70
120 Payment of witnesses’ fees and expenses ..................................................................70
121 Summons ...................................................................................................................71
122 Power to exempt from procedural requirements ........................................................71
123 Effect of non-compliance with this Part.....................................................................71
Part 12—The Crown 72 124 Information on use of copyright material for services of the Crown—
subsection 183(4) of the Act ......................................................................................72
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Part 13—Extension or restriction on operation of Act 73 125 International organizations to which the Act applies—subsection 186(1) of
the Act........................................................................................................................73
Part 14—Moral rights 74 126 Other information and particulars for notices under section 195AT of the Act .........74
Part 15—Miscellaneous 76 127 Period for keeping declarations relating to copying in library or archives—
subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act ..............................76
Part 16—Transitional matters 77 128 Directions about information relating to objection to import of copyright
material ......................................................................................................................77
129 Objection to import of copyright material into Norfolk Island ..................................77
130 Limitation on remedies available against carriage service providers .........................77
131 Things done under the Copyright Tribunal (Procedure) Regulations 1969 ...............78
132 Amendments made by the Copyright Amendment (Service Providers)
Regulations 2018 .......................................................................................................79
Schedule 1—Form of notice near machine for copying works,
published editions or audio-visual items 80
Part 1—Text of notice near machine for copying works or published
Part 2—Text of notice near machine for copying works, published editions
Part 2—Form of notice relating to copyright material found to be
Part 3—Form of notice by owner, licensee or agent of claimed infringement
Part 4—Form of counter-notice in response to notice by copyright owner,
Part 5—Form of counter-notice in response to takedown of copyright
Part 6—Form of notice by owner, licensee or agent of claimed infringement
editions 80
or audio-visual items 81
Part 3—Text of notice near machine for copying audio-visual items 82
Schedule 2—Forms for Part 6 83
Part 1—Form of notification relating to cached copyright material 83
infringing by Australian court 85
by storage of copyright material 87
licensee or agent of claimed infringement 89
material without notice from copyright owner, licensee or agent 91
by reference to infringing copyright material 93
Schedule 3—Forms of summons 95
Part 1—Summons to witness 95
Part 2—Summons to produce documents or articles 96
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Endnotes 97
Endnote 1—About the endnotes 97
Endnote 2—Abbreviation key 98
Endnote 3—Legislation history 99
Endnote 4—Amendment history 100
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Preliminary Part 1
Section 1
Part 1—Preliminary
1 Name
This instrument is the Copyright Regulations 2017.
3 Authority
This instrument is made under the Copyright Act 1968.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the
following:
(a) adaptation;
(b) artistic work;
(c) Australia;
(d) body administering;
(e) carriage service provider;
(f) cinematograph film;
(g) collecting society;
(h) copy;
(i) copyright material;
(j) device;
(k) dramatic work;
(l) educational institution;
(m) eligible rights holder;
(n) government;
(o) government copy;
(p) infringing copy;
(q) licensed copying or communicating;
(r) literary work;
(s) manuscript;
(t) record;
(u) Registrar;
(v) rules;
(w) sound broadcast;
(x) sound recording;
(y) technological protection measure;
(z) television broadcast;
(za) the Tribunal;
(zb) to the public;
(zc) work;
(zd) works collecting society.
In this instrument:
Act means the Copyright Act 1968.
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Part 1 Preliminary
Section 4
address for service of a person or body means an address in Australia at which,
or an electronic address through which, documents may be served on the person
or body.
Australian-based: a person is Australian-based if the person:
(a) resides or carries on business in Australia; or
(b) if the person is a corporation—has a registered office in Australia.
caching has the same meaning as in section 116AB of the Act.
civil action means a proceeding of a civil nature between parties, including a
counterclaim.
Note: This is essentially the same as the definition of action in Part V of the Act.
designated representative of a service provider means a person designated under
subsection 19(1) to receive for the service provider notifications, notices and
counter-notices given for the purposes of a condition in subsection 116AH(1) of
the Act.
designated service provider means a service provider other than a carriage
service provider.
distributable amount has the meaning given by subsection 17(3).
entitled person has the meaning given by subsection 17(3).
equitable remuneration has the meaning given by subsection 17(3).
infringement notice means an infringement notice given under section 43.
infringement officer means:
(a) a member of the Australian Federal Police (as defined in the Australian
Federal Police Act 1979); or
(b) a member of the police force (however described) of a State or Territory.
infringing article, in relation to an offence of strict liability against a provision
of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and
132AS(5)), means an article that is alleged:
(a) to be an infringing copy of a work or other subject-matter; and
(b) to have been involved in the commission of the offence.
infringing device, in relation to an offence of strict liability against a provision
of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and
132AS(5)), means a device that is alleged:
(a) to have been made to be used for making an infringing copy of a work or
other subject-matter; and
(b) to have been involved in the commission of the offence.
party has a meaning affected by section 117.
potential share has the meaning given by subsection 17(3).
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Section 4
President means the President of the Tribunal.
reference of a matter to the Tribunal under the Act includes referral of the matter
to the Tribunal under the Act.
relevant chief executive means the Commissioner (or head, however described)
of the Australian Federal Police or of the police force (however described) of a
State or Territory.
relevant copyright owner has the meaning given by subsection 17(3).
relevant file number, in relation to a Tribunal proceeding, means the file number
given by the Registrar to the proceeding.
sealed means sealed with the seal of the Tribunal.
service provider has the meaning given by section 116ABA of the Act.
subject to an infringement notice under Part 9 has the meaning given by
section 42.
system or network of a service provider means a system or network controlled or
operated by or for the service provider.
Tribunal proceeding means a proceeding before the Tribunal.
user, in relation to copyright material stored on a service provider’s system or
network, means the person who directed the service provider to store the
copyright material on its system or network.
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Part 2 Copyright in original works
Section 5
Part 2—Copyright in original works
5 Notices to be displayed near library or archive machines used to make
infringing copies—paragraph 39A(b) of the Act
For the purposes of paragraph 39A(b) of the Act:
(a) the prescribed dimensions of a notice are at least 297 millimetres long and
at least 210 millimetres wide; and
(b) the prescribed form of notice is a form containing the text in Part 1 or 2 of
Schedule 1.
6 Notice requirements for communication of electronic reproduction by library
or archives—subparagraph 49(7A)(c)(ii) of the Act
For the purposes of subparagraph 49(7A)(c)(ii) of the Act, the following matters
are prescribed:
(a) that further dealings with the reproduction may infringe copyright;
(b) that Division 3 of Part III of the Act affects whether further dealings would
infringe copyright.
7 Notice of intended publication of unpublished work kept in public library—
paragraphs 52(1)(b) and (2)(b) of the Act
(1) For the purposes of paragraphs 52(1)(b) and (2)(b) of the Act, the prescribed
notice of the intended publication of the new work is a notice that:
(a) is published in accordance with subsection (2) of this section; and
(b) sets out the matters described in subsection (3) of this section.
(2) The notice is to be published in the Gazette at least 2 months before the
publication (or subsequent publication) of the new work.
(3) The notice is to set out:
(a) the name of the person (the intending publisher) intending to publish the
new work and how the intending publisher may be contacted; and
(b) the intending publisher’s intention to publish the new work; and
(c) the title (if any) of the old work and, if that title does not enable that work
to be identified, a description of that work that enables that work to be
identified; and
(d) the time, or an estimate of the time, when the old work was made or the
period, or an estimate of the period, over which the making of the old work
extended; and
(e) the name of the author of the old work, if that name is known to the
intending publisher; and
(f) the name and address of the library or other place in which a copy, or the
manuscript, of the old work is kept; and
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Copyright in original works Part 2
Section 8
(g) the name of the person from whom the copy or manuscript of the old work
was acquired for the purposes of that library or other place, or a statement
of the fact that the intending publisher does not know the name of that
person; and
(h) that a person claiming to be the owner of the copyright in the old work may
give notice of his or her claim to the intending publisher.
8 Countries in relation to which Division 6 of Part III of the Act applies—
subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the
Act
For the purposes of subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv)
of the Act, Division 6 of Part III of the Act applies to a country that:
(a) is a party to any of the following:
(i) the International Convention for the Protection of Literary and Artistic
Works done at Berne on 9 September 1886 as revised from time to
time;
(ii) the Universal Copyright Convention done at Geneva on 6 September
1952 as revised from time to time;
(iii) the WIPO Copyright Treaty done at Geneva on 20 December 1996 as
revised from time to time; or
(b) is a member of the World Trade Organization.
Note 1: Information as to which countries are parties to the International Convention for the
Protection of Literary and Artistic Works could in 2017 be viewed on the World
Intellectual Property Organization’s website (http://www.wipo.int).
Note 2: Information as to which countries are parties to the Universal Copyright Convention
could in 2017 be viewed on the United Nations Educational, Scientific and Cultural
Organization’s website (http://www.unesco.org).
Note 3: Information as to which countries are parties to the WIPO Copyright Treaty could in
2017 be viewed on the World Intellectual Property Organization’s website
(http://www.wipo.int).
Note 4: Information as to which countries are members of the World Trade Organization could
in 2017 be viewed on the World Intellectual Property Organization’s website
(https://www.wto.org).
9 Notice of intended making of record of musical work
(1) For the purposes of paragraph 55(1)(b) of the Act, the prescribed notice of the
intended making of a record of a musical work is a written notice given in
accordance with this section by the person (the intending maker) intending to
make the record.
How notice is given
(2) The notice must be given:
(a) by service of the notice on:
(i) the owner of the copyright in the work, if the owner is
Australian-based; or
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Part 2 Copyright in original works
Section 10
(ii) an Australian-based person who has been appointed by the owner of
that copyright as the owner’s agent for the purpose of receiving
notices under section 55 of the Act; or
(b) if the intending maker does not know the name, or an address for service,
of the owner or of an agent described in subparagraph (a)(ii)—by:
(i) publication of the notice in the Gazette; and
(ii) if the notice published does not include the information described in
subsection (4)—giving that information to the owner or such an agent
on application made by the owner or agent.
Content of notice
(3) The notice must set out:
(a) that a person specified in the notice intends to make in Australia a record of
the musical work or of part of the musical work; and
(b) how the intending maker may be contacted; and
(c) the title (if any) of the work and, if that title does not enable the work to be
identified, a description of the work that enables the work to be identified;
and
(d) a statement of the fact (if true) that the record is to comprise a performance
of the work in which words are sung, or are spoken incidentally to or in
association with the music; and
(e) the name of the author of the work, if that is known to the intending maker;
and
(f) how the information described in subsection (4) may be obtained from a
place in Australia if the notice is published as described in paragraph (2)(b)
and does not contain that information.
(4) The notice must, if given as described in paragraph (2)(a), or may, if published as
described in paragraph (2)(b), set out:
(a) any details known to the intending maker that are needed to enable the
owner of the copyright to identify a previous record of the musical work
referred to in paragraph 55(1)(a) of the Act; and
(b) whether the record that is intended to be made is to be a disc, tape, paper or
other device; and
(c) the trade description intended to be placed on the label of the record and
the proposed trade prefix and catalogue number of the record; and
(d) the date on which it is proposed to offer or expose the record for sale to the
public in Australia; and
(e) the proposed selling price to the public of the record; and
(f) the amount of the royalty that the intending maker estimates will be
payable to the owner of the copyright for the record.
10 Prescribed period relating to making of records of musical works—
subsection 55(3) of the Act
For the purpose of subsection 55(3) of the Act, one month is prescribed.
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Section 11
11 Inquiries relating to previous records of musical works—section 61 of the Act
(1) For the purposes of section 61 of the Act, this section prescribes:
(a) how inquiries relating to the previous making or import of a record of a
musical work are to be made; and
(b) the period for receiving an answer to inquiries.
Who is to be asked
(2) The inquiries must be made of:
(a) the owner of the copyright in the musical work; and
(b) if words consisting or forming part of a literary or dramatic work were
sung or spoken in the musical work, the owner of the copyright in the
literary or dramatic work.
How inquiries are to be made
(3) Inquiries must be made in writing.
(4) Inquiries of an Australian-based owner of copyright must be given to the owner.
(5) However:
(a) if the owner has appointed an Australian-based person as the owner’s agent
for the purpose of answering inquiries made under section 61 of the Act,
the inquiries may be given to the agent; and
(b) if a person wishing to make inquiries of an owner does not know the name,
or an address for service, of the owner or of such an agent, the inquiries
must be published in the Gazette.
Content of inquiries
(6) The inquiries must set out:
(a) the name of the person making the inquiries and how the person may be
contacted; and
(b) the title (if any) of the musical, literary or dramatic work concerned and, if
the title does not enable the work to be identified, a description of the work
that enables the work to be identified; and
(c) the name of the author, if the person making the inquiries knows it; and
(d) if the inquiries relate to a particular record—sufficient information to
enable the record to be identified; and
(e) an inquiry whether a record of the musical work, or of the musical work in
which words consisting or forming part of the literary or dramatic work
were sung or spoken, has previously been made in, or imported into,
Australia:
(i) by, or with the licence of, the owner of the copyright in the musical
work or in the literary or dramatic work; or
(ii) for the purpose of retail sale; or
(iii) for use in making other records for the purpose of retail sale.
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Part 2 Copyright in original works
Section 12
Period for answering inquiries
(7) The period for receiving an answer to inquiries is 10 days after:
(a) the inquiries were given (except by post) or published; or
(b) if the inquiries were given by post—the day the inquiries would be
delivered in the ordinary course of post.
12 Circumstances in which design is taken to be applied industrially—section 77
of the Act
(1) For the purposes of section 77 of the Act, a design is taken to be applied
industrially if it is applied:
(a) to more than 50 articles; or
(b) to one or more articles (other than hand-made articles) manufactured in
lengths or pieces.
(2) For the purposes of paragraph (1)(a), any 2 or more articles are taken to
constitute a single article if:
(a) they are of the same general character; and
(b) they are intended for use together; and
(c) the same design, or substantially the same design, is applied to them.
(3) For the purposes of this section, a design is taken to be applied to an article if:
(a) the design is applied to the article by a process (whether a process of
printing or embossing or another process); or
(b) the design is reproduced on or in the article in the course of the production
of the article.
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Section 13
Part 3—Copyright in subject-matter other than works
13 Notices to be displayed near library or archive machines used to make
infringing copies—paragraph 104B(b) of the Act
For the purposes of paragraph 104B(b) of the Act:
(a) the prescribed dimensions of a notice are at least 297 millimetres long and
at least 210 millimetres wide; and
(b) the prescribed form of notice is a form containing the text:
(i) in Part 1 or 2 of Schedule 1, if the copy is of a published edition of a
work; or
(ii) in Part 2 or 3 of Schedule 1, if the copy is of an audio-visual item.
14 Prescribed period relating to public performance of recordings first
published outside Australia—paragraph 108(1)(b) of the Act
For the purposes of paragraph 108(1)(b) of the Act, the period is 7 weeks.
15 Prescribed period relating to broadcasts of recordings not published in
Australia—subsection 109(3) of the Act
For the purposes of subsection 109(3) of the Act, the period is 7 weeks.
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Part 4 Uses that do not infringe copyright
Section 16
Part 4—Uses that do not infringe copyright
16 Bodies administering key cultural institutions—paragraph 113L(b) of the Act
For the purposes of paragraph 113L(b) of the Act, the following bodies are
prescribed:
(a) the Australian Broadcasting Corporation;
(b) the Australian National University;
(c) the Special Broadcasting Service Corporation.
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Collecting societies Part 5
Section 17
Part 5—Collecting societies
17 Rules of a collecting society—paragraphs 113W(d), 135ZZT(3)(d),
135ZZZO(7)(d) and 153F(6)(f) of the Act
(1) For the purposes of paragraphs 113W(d), 135ZZT(3)(d) and 135ZZZO(7)(d) of
the Act, the following provisions of rules of a collecting society are prescribed:
(a) that accounting periods must be determined, in accordance with the rules,
by the collecting society for accounting purposes and that no accounting
period may extend beyond 30 June in any year;
(b) that a consistent practice must be followed with regard to attributing the
receipts and expenditure of the collecting society to a particular accounting
period;
(c) that the collecting society must exercise reasonable diligence in the
collection of amounts of equitable remuneration, having regard to the
expenses likely to be incurred in the collection of such amounts;
(d) that the total amount of any gifts for cultural or benevolent purposes made
by the collecting society in respect of any accounting period must not
exceed such percentage of the total amount of equitable remuneration
received by the society for that accounting period as is specified in the
rules;
(e) that the administrative costs and other outgoings of the collecting society
paid by the society out of the amounts of equitable remuneration collected
by it must be reasonable;
(f) that the distributable amount relating to each accounting period of the
collecting society must be allocated in accordance with a scheme of
allocation (the scheme) that:
(i) is determined in accordance with the rules; and
(ii) includes criteria for allocation that are specified in the rules; and
(iii) provides for the allocation of potential shares in the distributable
amount to entitled persons;
(g) that, in relation to each potential share in the distributable amount allocated
in accordance with the scheme of the collecting society to an entitled
person who is a member of the society at the time of allocation, an amount
representing the share must be paid, as soon as is reasonably possible after
the allocation, to the entitled person;
(h) that, in relation to each potential share in the distributable amount allocated
in accordance with the scheme of the collecting society to an entitled
person who is not a member of the society at the time of allocation, an
amount representing the share:
(i) must be paid, as soon as is reasonably possible after the allocation,
into a trust fund operated by the society for purposes referred to in
paragraph (i); and
(ii) subject to subparagraph (iii), must be held in that fund in accordance
with the rules of the society; and
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Section 17
(iii) if the entitled person becomes a member while the amount is held in
the trust fund—must be distributed to the person as soon as is
reasonably possible after he or she becomes a member;
(i) that a trust fund must be operated by the collecting society for purposes
that include the holding on trust, for any entitled person who is not, and
whose agent is not, a member of the society, of any potential share
allocated to that person in accordance with the scheme;
(j) that any part of a distributable amount, relating to an accounting period,
that cannot for any reason be distributed must be held on trust in the trust
fund referred to in paragraph (i) until distribution becomes possible or until
the end of a specified period of not less than 4 years, whichever happens
first;
(k) that a member of the collecting society must, on request, be given
reasonable access to the records of the society, whether or not the member
is an entitled person.
(2) For the purposes of paragraph 153F(6)(f) of the Act, the rules of an applicant to
be declared a collecting society are required to include provisions with the
effects described in paragraphs (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k)
of this section.
(3) In this instrument:
distributable amount, in relation to an accounting period of a collecting society,
means the amount of equitable remuneration received by the society that is:
(a) attributable to that period (in accordance with the practice of the society);
or
(b) otherwise available for distribution;
after the payment or reservation, out of that amount, of:
(c) amounts attributable to that period that are paid or held, in accordance with
the rules of the society, for:
(i) gifts made by the society; and
(ii) administrative costs and other outgoings of the society; and
(d) amounts to be carried forward, in accordance with the rules of the society,
to the next accounting period.
entitled person, in relation to a collecting society declared under a section of the
Act mentioned in column 1 of an item of the following table, means:
(a) a member of the collecting society who is:
(i) a person described in column 2 of that item; or
(ii) the agent of a person described in column 2 of that item; or
(b) a person described in column 2 of that item who is not a member of the
collecting society and whose agent, if any, is not a member.
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2
3
4
1
2
3
4
Collecting societies Part 5
Section 17
Entitled person
Column 1 Column 2
Section of Person
the Act
113V Eligible rights holder
135ZZT Relevant copyright owner (as defined in Part VC of the Act)
135ZZZO Relevant copyright owner (as defined in Part VD of the Act)
153F Owner of copyright in copyright material as defined in Division 2 of Part VII of
the Act
equitable remuneration, in relation to a collecting society declared under a
section of the Act mentioned in column 1 of an item of the following table, has
the meaning given by column 2 of the item.
Equitable remuneration
Column 1 Column 2
Section of Equitable remuneration
the Act
113V Equitable remuneration payable under remuneration notices given to the society
under section 113Q of the Act
135ZZT Equitable remuneration payable by retransmitters under section 135ZZM of the
Act
135ZZZO Equitable remuneration payable by satellite BSA licensees under
section 135ZZZK of the Act
153F Equitable remuneration payable by governments under section 183A of the Act
potential share means a share that is:
(a) a share in a distributable amount; and
(b) represented by an amount that will be distributed in the circumstances
referred to in paragraph (1)(g) or (h).
relevant copyright owner:
(a) in relation to a collecting society declared under section 135ZZT of the
Act—has the same meaning as in Part VC of the Act; and
(b) in relation to a collecting society declared under section 135ZZZO of the
Act—has the same meaning as in Part VD of the Act.
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Part 6 Limitation on remedies available against service providers
Division 1 Preliminary
Section 18
Part 6—Limitation on remedies available against service
providers
Division 1—Preliminary
18 Industry codes developed by carriage service providers
(1) For the purposes of subparagraph (a)(i) of the definition of industry code in
section 116AB of the Act, this section prescribes requirements that an industry
code developed by carriage service providers must meet.
(2) An industry code must be developed through an open voluntary process by a
broad consensus of:
(a) either or both of the following:
(i) owners of copyright or a class of owners of copyright;
(ii) exclusive licensees of copyright or a class of exclusive licensees of
copyright; and
(b) carriage service providers.
(3) An industry code that does not deal solely with caching must include a provision
to the effect that standard technical measures are technical measures that:
(a) are used to protect and identify copyright material; and
(b) are accepted under the code or developed in accordance with a process set
out in the code; and
(c) are available on non-discriminatory terms; and
(d) do not impose substantial costs on carriage service providers or substantial
burdens on their systems or networks.
18A Industry codes developed by designated service providers
(1) For the purposes of paragraph (b) of the definition of industry code in
section 116AB of the Act, an industry code, or a variation of an industry code,
developed by a class of designated service providers must be developed in
accordance with this section.
Requirement for broad consensus
(2) An industry code, or a variation of an industry code, must be developed through
an open voluntary process by a broad consensus of:
(a) either or both of the following:
(i) owners of copyright or a class of owners of copyright;
(ii) exclusive licensees of copyright or a class of exclusive licensees of
copyright; and
(b) the class of designated service providers to which the code, or the code as
varied, is to apply.
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Preliminary Division 1
Section 18A
Content of industry code
(3) An industry code may contain either or both of the following:
(a) a provision relating to accommodating and not interfering with standard
technical measures;
(b) a provision relating to:
(i) updating copyright material that is cached; and
(ii) not interfering with technology used at the originating site to obtain
information about the use of the copyright material.
(4) If an industry code contains a provision of a kind mentioned in paragraph (3)(a),
the industry code must contain a provision to the effect that standard technical
measures are technical measures that:
(a) are used to protect and identify copyright material; and
(b) are accepted under the code or developed in accordance with a process set
out in the code; and
(c) are available on non-discriminatory terms; and
(d) do not impose substantial costs on the designated service providers or
substantial burdens on their systems or networks.
(5) An industry code must contain all of the following:
(a) a provision specifying the class of designated service providers to which
the code applies;
(b) a provision setting out when the code takes effect and the circumstances in
which the code will cease to have effect;
(c) a provision requiring that the code be published on the website of a person
or body representing that class of designated service providers when the
code takes effect;
(d) a provision requiring that, if the code is varied, the varied code be
published on the website of a person or body representing that class of
designated service providers when the variation takes effect.
Consultation requirement
(6) Before an industry code, or a variation of an industry code, takes effect, a person
or body representing that class of designated service providers must:
(a) publish a draft of the code, or a draft of the code as proposed to be varied,
on the website of the person or body; and
(b) invite submissions about the draft code, or proposed variation, within a
specified period (which must be at least 30 days after the draft is
published); and
(c) consider any submissions received within that period.
(7) Subsection (6) does not apply in relation to a variation of an industry code if the
variation is of a minor nature.
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Division 1 Preliminary
Section 19
19 Designated representatives
(1) A service provider must designate one or more persons to be the representative
of the service provider to receive for the service provider notifications, notices
and counter-notices given for the purposes of a condition in
subsection 116AH(1) of the Act.
(2) The service provider must publish a notice in a reasonably prominent location on
a website of the service provider setting out the following information for each
designated representative of the service provider:
(a) the title of the position of the designated representative;
(b) sufficient information to allow a person to contact the designated
representative.
20 Requirements for notifications and notices
A notification, notice or counter-notice given for the purposes of a condition in
subsection 116AH(1) of the Act must:
(a) be in accordance with the form prescribed by this Part; and
(b) be given by post or electronic communication to a designated
representative of the service provider.
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Conditions—cached copyright material Division 2
Section 21
Division 2—Conditions—cached copyright material
21 Notification relating to Category B activity
For the purposes of condition 3 of item 3 of the table in subsection 116AH(1) of
the Act, the form of notification set out in Part 1 of Schedule 2 is prescribed.
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Division 3 Conditions—copyright material found to be infringing by an Australian court
Section 22
Division 3—Conditions—copyright material found to be infringing
by an Australian court
22 Notice in relation to Category C and D activities
For the purposes of condition 2 of item 4 (Category C activities), and condition 2
of item 5 (Category D activities), of the table in subsection 116AH(1) of the Act,
the form of notice set out in Part 2 of Schedule 2 is prescribed.
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Conditions—takedown of copyright material following notice Division 4
Section 23
Division 4—Conditions—takedown of copyright material following
notice
23 Application of this Division
For the purposes of condition 3 of item 4 (Category C activities) of the table in
subsection 116AH(1) of the Act, this Division prescribes the procedure to be
followed in relation to copyright material residing on a service provider’s system
or network if:
(a) the owner or exclusive licensee of the copyright in the material, or an agent
of the owner or licensee, reasonably believes that the material is infringing;
and
(b) the owner, licensee or agent wishes the service provider to remove or
disable access to the material.
24 Notice of claimed infringement
(1) The owner or exclusive licensee of the copyright in the copyright material, or an
agent of the owner or licensee, may give a notice of claimed infringement in
relation to the copyright material to a designated representative of the service
provider.
(2) The notice of claimed infringement must be in accordance with the form set out
in Part 3 of Schedule 2.
25 Takedown procedure
(1) If a service provider receives a notice of claimed infringement under section 24,
the service provider must expeditiously remove, or disable access to, the
copyright material specified in the notice and residing on its system or network.
(2) As soon as practicable after removing, or disabling access to, copyright material
under subsection (1), the service provider must send to the user who directed the
service provider to store the copyright material on its system or network:
(a) a copy of the notice of claimed infringement; and
(b) a notice (the user notice) stating:
(i) that the copyright material has been removed, or access to it has been
disabled; and
(ii) that the user may, within 3 months after receiving the copy of the
notice of claimed infringement, give a counter-notice in accordance
with section 26 of the Copyright Regulations 2017 disputing the
claims in the notice of claimed infringement to the designated
representative of the service provider specified in the user notice.
Note: The service provider need not take any further action in relation to the copyright
material unless the service provider receives a counter-notice from the user under
section 26.
(3) A service provider is taken to have complied with subsection (2) if:
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Division 4 Conditions—takedown of copyright material following notice
Section 26
(a) the service provider has taken reasonable steps to identify the user but has
been unable to do so; or
(b) the service provider sends the documents to the user as required by
subsection (2) but they are not received by the user.
26 Counter-notice
(1) If a user receives a copy of a notice of claimed infringement from a service
provider under section 25, the user may give a counter-notice disputing the
claims set out in the notice of claimed infringement to the designated
representative of the service provider specified in the user notice mentioned in
paragraph 25(2)(b).
Note: If the user does not give a counter-notice to that designated representative, the service
provider is not required to take any further action in relation to the notice of claimed
infringement.
(2) The counter-notice must:
(a) be in accordance with the form set out in Part 4 of Schedule 2; and
(b) be given within 3 months after the user receives the copy of the notice of
claimed infringement.
27 Copy of counter-notice to be sent to copyright owner
(1) If a service provider receives a counter-notice from a user under section 26 in
response to a notice of claimed infringement, the service provider must, as soon
as practicable after receiving the counter-notice, send to the copyright owner,
exclusive licensee or agent who gave the notice of claimed infringement:
(a) a copy of the counter-notice; and
(b) a notice stating that if the owner, licensee or agent does not, within 10
business days after the day the notice was sent, bring an action seeking a
court order to restrain the activity that is claimed to be infringing, the
service provider will restore, or enable access to, the copyright material on
its system or network.
(2) If the counter-notice is from a user who is an individual, the copy of the
counter-notice and the notice under paragraph (1)(b) sent to the copyright owner,
licensee or agent under subsection (1) may disclose information that could
identify the user if the disclosure is consistent with the Telecommunications Act
1997 and the Privacy Act 1988.
28 Restoring copyright material
(1) A service provider must comply with this section if:
(a) the service provider sends a copy of a counter-notice given by a user and a
notice to the copyright owner, exclusive licensee or agent under section 27
in relation to a notice of claimed infringement given by the owner, licensee
or agent; and
(b) either:
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Conditions—takedown of copyright material following notice Division 4
Section 28
(i) the owner, licensee or agent does not, within 10 business days after
those documents were sent, notify the designated representative of the
service provider specified in the notice mentioned in
paragraph 27(1)(b) that the owner, licensee or agent has brought an
action seeking a court order to restrain the activity that is claimed to
be infringing; or
(ii) the service provider is notified that an action for infringement of the
copyright in the copyright material has been discontinued or was
unsuccessful.
(2) The service provider must restore, or enable access to, the copyright material on
its system or network:
(a) if the service provider is not notified by the owner, licensee or agent of the
matter mentioned in subparagraph (1)(b)(i) within the period mentioned in
that subparagraph—as soon as practicable after the end of that period; or
(b) if the service provider is notified of the matter mentioned in
subparagraph (1)(b)(ii)—as soon as practicable after receiving the
notification.
Note: The service provider is not required to have regard to a notification, from the owner,
licensee or agent, of a kind mentioned in subparagraph (1)(b)(i) if it is received more
than 10 business days after the documents were sent to the owner, licensee or agent
under section 27.
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Division 5 Conditions—procedure following takedown of copyright material without notice from
copyright owner, exclusive licensee or agent
Section 29
Division 5—Conditions—procedure following takedown of copyright
material without notice from copyright owner, exclusive
licensee or agent
29 Application of this Division
(1) For the purposes of condition 3 of item 4 (Category C activities) of the table in
subsection 116AH(1) of the Act, this Division prescribes the procedure to be
followed in relation to copyright material residing on a service provider’s system
or network if the service provider becomes aware (except as described in
subsection (2)):
(a) that the material is infringing; or
(b) of facts or circumstances that make it apparent that the material is likely to
be infringing.
Note: The service provider must act expeditiously to remove or disable access to copyright
material residing on its system or network if the service provider becomes aware of a
matter mentioned in paragraph (1)(a) or (b) in relation to the material—see condition
2A of item 4 of the table in subsection 116AH(1) of the Act.
(2) This Division does not apply if the service provider becomes aware of a matter
mentioned in paragraph (1)(a) or (b) as a result of receiving a notice of claimed
infringement under Division 4, or any other notification, from the owner or
exclusive licensee of the copyright in the material or from an agent of the owner
or licensee.
Note: The procedure prescribed in Division 4 applies if the service provider receives a notice
of claimed infringement in relation to the copyright material from the owner or
exclusive licensee of the copyright in the material or from an agent of the owner or
licensee.
30 Notice to user
(1) As soon as practicable after removing, or disabling access to, the copyright
material under condition 2A of item 4 of the table in subsection 116AH(1) of the
Act, the service provider must send to the user who directed the service provider
to store the copyright material on its system or network a notice stating:
(a) that the copyright material has been removed, or access to it has been
disabled; and
(b) the grounds for removing, or disabling access to, the copyright material;
and
(c) that the user may, within 3 months after receiving the notice, give a
counter-notice in accordance with section 31 of the Copyright
Regulations 2017 to the designated representative of the service provider
specified in the notice:
(i) disputing the grounds for removing, or disabling access to, the
copyright material; and
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Conditions—procedure following takedown of copyright material without notice from copyright
owner, exclusive licensee or agent Division 5
Section 31
(ii) requesting the service provider to restore, or enable access to, the
copyright material on the service provider’s system or network.
(2) A service provider is taken to have complied with subsection (1) if:
(a) the service provider has taken reasonable steps to identify the user but has
been unable to do so; or
(b) the service provider sends the notice to the user as required by
subsection (1) but it is not received by the user.
31 Counter-notice
(1) If a user receives a notice from a service provider under section 30, the user may
give a counter-notice to the designated representative of the service provider
specified in the notice received by the user:
(a) disputing the grounds for removing, or disabling access to, the copyright
material; and
(b) requesting the service provider to restore, or enable access to, the copyright
material on the service provider’s system or network.
Note: If the user does not give a counter-notice to that designated representative, the service
provider is not required to take any further action in relation to the copyright material.
(2) The counter-notice must:
(a) be in accordance with the form set out in Part 5 of Schedule 2; and
(b) be given within 3 months after the user receives the notice under
section 30.
32 Restoring copyright material
If:
(a) a service provider receives a counter-notice in relation to copyright
material under section 31; and
(b) on the basis of the information and statements in the counter-notice, the
service provider is satisfied that the copyright material is not, or is not
likely to be, infringing;
the service provider must, as soon as practicable after receiving the
counter-notice, restore, or enable access to, the copyright material on its system
or network.
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Division 6 Conditions—takedown of reference to copyright material following notice from copyright
owner, exclusive licensee or agent
Section 33
Division 6—Conditions—takedown of reference to copyright material
following notice from copyright owner, exclusive licensee or
agent
33 Application of this Division
For the purposes of condition 3 of item 5 (Category D activities) of the table in
subsection 116AH(1) of the Act, this Division prescribes the procedure to be
followed in relation to a reference to copyright material that is provided by a
service provider on its system or network if:
(a) the owner or exclusive licensee of the copyright in the material, or an agent
of the owner or licensee, reasonably believes that the material is infringing;
and
(b) the owner, licensee or agent wishes the service provider to remove or
disable access to the reference to the material.
34 Notice of claimed infringement
(1) The owner or exclusive licensee of the copyright in the copyright material to
which the reference is provided, or an agent of the owner or licensee, may give a
notice of claimed infringement to a designated representative of the service
provider.
(2) The notice of claimed infringement must be in accordance with the form set out
in Part 6 of Schedule 2.
35 Takedown procedure
If a service provider receives a notice of claimed infringement under section 34,
the service provider must expeditiously remove, or disable access to, the
reference to the copyright material specified in the notice and provided by the
service provider on its system or network.
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Civil remedies Division 7
Section 36
Division 7—Civil remedies
36 Authority
This Division has effect for the purposes of section 116AJ of the Act.
37 Action taken to comply with a condition
A service provider is not liable for damages or any other civil remedy as a result
of action taken in good faith by the service provider to comply with any of the
following conditions:
(a) condition 3 of item 3 (Category B activities) of the table in
subsection 116AH(1) of the Act;
(b) condition 2, 2A or 3 of item 4 (Category C activities) of the table in
subsection 116AH(1) of the Act;
(c) condition 2, 2A or 3 of item 5 (Category D activities) of the table in
subsection 116AH(1) of the Act.
Note: See also Divisions 2, 3, 4, 5 and 6 of this Part in relation to those conditions.
38 Failure to restore or enable access to copyright material
(1) If a service provider fails to restore, or enable access to, the copyright material
on its system or network as required by section 28 or 32, the service provider
may be liable for damages or any other civil remedy in a civil action taken by a
user or third party affected by the failure.
(2) However, the service provider is not liable for damages or any other civil remedy
in an action taken by the owner or exclusive licensee of the copyright in the
copyright material because of the service provider’s failure to restore, or enable
access to, the copyright material in accordance with section 28 or 32.
39 Misrepresentations in notifications and notices
(1) A person who gives a notification, notice or counter-notice for the purposes of a
condition in subsection 116AH(1) of the Act, must not knowingly make a
material misrepresentation in that notification, notice or counter-notice.
(2) For the purposes of subsection (1), a person knowingly makes a material
misrepresentation in a notification, notice or counter-notice if the person does not
take reasonable steps to ensure the accuracy of the information and statements
included in the notification, notice or counter-notice. This does not limit the
circumstances in which a person knowingly makes a material misrepresentation
for the purposes of that subsection.
(3) A person who suffers loss or damage because of a material misrepresentation
made knowingly in a notification, notice or counter-notice may bring an action
against the person who gave the notification, notice or counter-notice.
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(4) If the court in which the action is brought is satisfied that the person bringing the
action suffered loss or damage because of the material misrepresentation, the
court may grant the person whatever civil remedies for the loss or damage the
court thinks fit.
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Technological protection measures Part 7
Section 40
Part 7—Technological protection measures
40 Non-infringing acts enabled by circumvention of access control technological
protection measures that are not actionable—paragraphs
116AN(9)(c) and 132APC(9)(c) of the Act
(1) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the
doing of an act by a person that does not infringe copyright because of any of the
following provisions of the Act is prescribed:
(a) section 47D (reproducing computer programs to make interoperable
products), so far as it relates to making an article described in
paragraph 47D(1)(b);
(b) subsection 49(6), (7) or (7B) (reproducing and communicating works by
libraries and archives for users);
(c) subsection 50(4) (reproducing and communicating works by libraries or
archives for other libraries or archives);
(d) section 107 (making of a copy of the sound recording for purpose of
broadcasting);
(e) section 110A (copying and communicating unpublished sound recordings
and cinematograph films in libraries or archives);
(f) Division 3 (libraries and archives) of Part IVA;
(g) Division 4 (educational institutions—statutory licence) of Part IVA.
(2) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the
following are also prescribed:
(a) the making by a person of a broadcast of a published sound recording that
does not infringe the copyright in the recording because of section 109 of
the Act;
(b) fair dealing with, or use of, copyright material other than a computer game
by a person that is not an infringement of copyright in the material because
of Division 2 (access by or for persons with a disability) of Part IVA of the
Act;
(c) the gaining of access by a person to copyright material to which a
technological protection measure has been applied if:
(i) the technological protection measure is not operating normally; and
(ii) a replacement technological protection measure is not reasonably
available;
(d) the gaining of access by a person to copyright material that is protected by
a technological protection measure that interferes with or damages a
product in which it is installed (the host product) or another product used
in conjunction with the host product:
(i) to prevent damage, or further damage, to the host product or another
product by the technological protection measure; or
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(ii) to repair the host product or another product (if circumvention of the
technological protection measure is necessary to enable the repair to
be carried out);
(e) use by a person of a work (other than a computer game) or other
subject-matter that is not an infringement of copyright in the work or other
subject-matter because of subsection 200AB(1) of the Act because the use
is covered by subsection 200AB(3) (use by body administering educational
institution) of the Act.
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Preliminary Division 1
Section 41
Part 8—Infringement notices and forfeiture of infringing
articles and devices
Division 1—Preliminary
41 Object of this Part
The object of this Part is to set up a scheme (for the purposes of sections 133B
and section 248SA of the Act) to enable a person who is alleged to have
committed an offence of strict liability against Division 5 of Part V, or
Subdivision A or B of Division 3 of Part XIA, of the Act to do the following as
an alternative to being prosecuted:
(a) pay the Commonwealth an amount specified in an infringement notice for
the alleged offence;
(b) for an alleged offence against a provision of Division 5 of Part V of the Act
(except subsections 132AQ(5), 132AR(5) and 132AS(5)), agree to forfeit
to the Commonwealth:
(i) each article (if any), in the person’s possession when the person is
informed how the person may avoid prosecution for the alleged
offence, that is alleged to be an infringing copy of a work or other
subject-matter and to have been involved in the commission of the
offence; and
(ii) each device (if any), in the person’s possession when the person is
informed how the person may avoid prosecution for the alleged
offence, that is alleged to have been made to be used for making an
infringing copy of a work or other subject-matter and to have been
involved in the commission of the offence.
42 Provisions subject to an infringement notice
Each provision of the Act listed in the following table is subject to an
infringement notice under this Part:
Provisions of the Act subject to an infringement notice under this Part
Item Provision of Act Summary of strict liability offence created by provision
Subsection 132AD(5) Making infringing copy commercially
Subsection 132AE(5) Selling or hiring out infringing copy
Subsection 132AF(7) Offering infringing copy for sale or hire by way of trade
Subsection 132AF(8) Commercially offering infringing copy for sale or hire
Subsection 132AG(7) Exhibiting an infringing copy in public by way of trade
Subsection 132AG(8) Commercially exhibiting an infringing copy in public
Subsection 132AH(5) Importing infringing copy commercially
Subsection 132AI(7) Distributing infringing copy
Subsection 132AJ(5) Possessing infringing copy for commerce
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Provisions of the Act subject to an infringement notice under this Part
Item Provision of Act Summary of strict liability offence created by provision
Subsection 132AL(8) Making device for making infringing copy
Subsection 132AO(5) Causing recording or film to be heard or seen in public
Subsection 132AQ(5) Removing or altering electronic rights management information
Subsection 132AR(5) Distributing, importing or communicating copies after removal
or alteration of electronic rights management information
Subsection 132AS(5) Distributing or importing electronic rights management
information
Subsection 248PB(5) Unauthorised indirect recording during protection period
Subsection 248PF(5) Copying unauthorised recording
Subsection 248PG(5) Unauthorised copying of exempt recording
Subsection 248PH(5) Unauthorised copying of authorised sound recording
Subsection 248PI(5) Selling etc. unauthorised recording
Subsection 248PJ(7) Distributing unauthorised recording
Subsection 248PK(5) Commercial possession or import of unauthorised recording
Subsection 248PL(5) Exhibiting unauthorised recording in public by way of trade
Subsection 248PM(5) Importing unauthorised recording for exhibition by way of trade
Subsection 248QC(5) Copying unauthorised sound recording
Subsection 248QD(5) Selling etc. unauthorised sound recording
Subsection 248QE(7) Distributing unauthorised sound recording
Subsection 248QF(5) Commercial possession or import of unauthorised sound
recording
Subsection 248QG(5) Exhibiting unauthorised sound recording in public by way of
trade
Subsection 248QH(5) Importing unauthorised sound recording for exhibition by way of
trade
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Infringement notices Division 2
Section 43
Division 2—Infringement notices
43 When an infringement notice may be given
(1) If an infringement officer believes on reasonable grounds that a person has
committed an offence against a provision subject to an infringement notice under
this Part, the infringement officer may give to the person an infringement notice
for the alleged offence.
(2) However, the infringement officer may give to the person an infringement notice
for the alleged offence against a provision of Division 5 of Part V of the Act
(except subsections 132AQ(5), 132AR(5) and 132AS(5)) only if:
(a) an infringement officer has informed the person as described in
subsection 49(2) of this instrument; and
(b) the person has agreed to forfeit, and has forfeited, to the Commonwealth all
infringing articles and devices relating to the alleged offence in the
person’s possession at the time the person was informed.
Note 1: Subsection 49(2) is about an infringement officer informing a person about the
circumstances in which the person may avoid prosecution for an alleged offence
against that Division if an infringement notices is issued.
Note 2: Division 3 of this Part deals with forfeiture of infringing articles and devices relating to
alleged offences against provisions of Division 5 of Part V of the Act.
(3) The infringement notice must be given within 12 months after the day on which
the offence is alleged to have taken place.
(4) A single infringement notice must relate only to a single offence against a single
provision.
44 Matters to be included in an infringement notice
An infringement notice must:
(a) be identified by a unique number; and
(b) state the day on which it is given; and
(c) state the name of the person to whom the notice is given; and
(d) state the name and contact details of the person who gave the notice, and
that the person is an infringement officer for the purposes of issuing the
infringement notice; and
(e) give brief details of the alleged offence, including:
(i) the provision against which the offence was allegedly committed; and
(ii) the maximum penalty that a court could impose if the offence were
committed; and
(iii) the time (if known) and day of, and the place of, the alleged offence;
and
(f) state the amount that is payable under the notice, which must be:
(i) 12 penalty units where the person is an individual; or
(ii) 60 penalty units where the person is a body corporate; and
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(g) give an explanation of how payment of the amount is to be made; and
(h) state that, if the person to whom the notice is given pays the amount within
28 days after the day the notice is given, then (unless the notice is
withdrawn) the person will not be liable to be prosecuted in a court for the
alleged offence; and
(i) state that payment of the amount is not an admission of guilt or liability;
and
(j) state that the person may apply to the relevant chief executive to have the
period in which to pay the amount extended; and
(k) state that the person may choose not to pay the amount and, if the person
does so, the person may be prosecuted in a court for the alleged offence;
and
(l) set out how the notice can be withdrawn; and
(m) state that if the notice is withdrawn the person may be prosecuted in a court
for the alleged offence; and
(n) state that the person may make written representations to the relevant chief
executive seeking the withdrawal of the notice.
45 Extension of time to pay amount
(1) A person to whom an infringement notice has been given may apply to the
relevant chief executive for an extension of the period referred to in
paragraph 44(h).
(2) If the application is made before the end of that period, the relevant chief
executive may, in writing, extend that period. The relevant chief executive may
do so before or after the end of that period.
(3) If the relevant chief executive extends that period, a reference in this Part, or in a
notice or other instrument under this Part, to the period referred to in
paragraph 44(h) is taken to be a reference to that period so extended.
(4) If the relevant chief executive does not extend that period, a reference in this
Part, or in a notice or other instrument under this Part, to the period referred to in
paragraph 44(h) is taken to be a reference to the period that ends on the later of
the following days:
(a) the day that is the last day of the period referred to in paragraph 44(h);
(b) the day that is 7 days after the day the person was given notice of the
relevant chief executive’s decision not to extend.
(5) The relevant chief executive may extend the period more than once under
subsection (2).
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46 Withdrawal of an infringement notice
Representations seeking withdrawal of notice
(1) A person to whom an infringement notice has been given may make written
representations to the relevant chief executive seeking the withdrawal of the
notice.
Withdrawal of notice
(2) The relevant chief executive may withdraw an infringement notice given to a
person (whether or not the person has made written representations seeking the
withdrawal).
(3) When deciding whether or not to withdraw an infringement notice (the relevant
infringement notice), the relevant chief executive:
(a) must take into account any written representations seeking the withdrawal
that were given by the person to the relevant chief executive; and
(b) may take into account the following:
(i) whether a court has previously imposed a penalty on the person for an
offence against a provision subject to an infringement notice under
this Part;
(ii) the circumstances of the alleged offence;
(iii) whether the person has paid an amount, stated in an earlier
infringement notice, for an offence against a provision subject to an
infringement notice under this Part if the offence is constituted by
conduct that is the same, or substantially the same, as the conduct
alleged to constitute the offence in the relevant infringement notice;
(iv) any other matter the relevant chief executive considers relevant.
Notice of withdrawal
(4) Notice of the withdrawal of the infringement notice must be given to the person.
The withdrawal notice must state:
(a) the person’s name and address; and
(b) the day the infringement notice was given; and
(c) the identifying number of the infringement notice; and
(d) that the infringement notice is withdrawn; and
(e) that the person may be prosecuted in a court for the alleged offence.
Refund of amount if infringement notice withdrawn
(5) If:
(a) the relevant chief executive withdraws the infringement notice; and
(b) the person has already paid the amount stated in the notice;
the Commonwealth must refund to the person an amount equal to the amount
paid.
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47 Effect of payment of amount
(1) If the person to whom an infringement notice for an alleged offence against a
provision is given pays the amount stated in the notice before the end of the
period referred to in paragraph 44(h):
(a) any liability of the person for the alleged offence is discharged; and
(b) the person may not be prosecuted in a court for the alleged offence; and
(c) the person is not regarded as having admitted guilt or liability for the
alleged offence; and
(d) the person is not regarded as having been convicted of the alleged offence.
(2) Subsection (1) does not apply if the notice has been withdrawn.
48 Effect of this Part
This Part does not:
(a) require an infringement notice to be given to a person for an alleged
offence against a provision subject to an infringement notice under this
Part; or
(b) affect the liability of a person for an alleged offence against a provision
subject to an infringement notice under this Part if:
(i) the person does not comply with an infringement notice given to the
person for the offence; or
(ii) an infringement notice is not given to the person for the offence; or
(iii) an infringement notice is given to the person for the offence and is
subsequently withdrawn; or
(c) prevent the giving of 2 or more infringement notices to a person for an
alleged offence against a provision subject to an infringement notice under
this Part; or
(d) limit a court’s discretion to determine the amount of a penalty to be
imposed on a person who is found to have committed an offence against a
provision subject to an infringement notice under this Part.
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Forfeiture of infringing articles and devices Division 3
Section 49
Division 3—Forfeiture of infringing articles and devices
49 Forfeiture of infringing articles and devices
(1) This section applies if:
(a) an infringement officer believes on reasonable grounds that a person has
committed an offence of strict liability against a provision of Division 5 of
Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5));
and
(b) the person possesses an infringing article or an infringing device relating to
the alleged offence.
(2) The infringement officer may inform the person (either orally or by written
notice) that the person may avoid prosecution for the alleged offence if:
(a) the person agrees to forfeit, and does forfeit, to the Commonwealth all
infringing articles and devices that the person possesses in relation to the
alleged offence; and
(b) the person pays the amount specified in an infringement notice for the
alleged offence in accordance with Division 2; and
(c) the infringement notice for the alleged offence is not withdrawn.
(3) If the person agrees to forfeit to the Commonwealth all infringing articles and
devices that the person possesses (when informed under subsection (2)) in
relation to the alleged offence, the authorised officer:
(a) may take possession of the infringing articles and devices; and
(b) must give the person a receipt for the infringing articles and devices taken
into possession.
(4) If the person pays the amount specified in an infringement notice given to the
person under Division 2 for the alleged offence, the relevant chief executive must
cause all infringing articles and devices in relation to the alleged offence that the
person agreed to forfeit, and did forfeit, to the Commonwealth to be destroyed.
Note: An infringement notice relating to an offence against a provision of Division 5 of
Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)) may not be
given if the recipient does not agree to forfeit to the Commonwealth all infringing
articles and devices in the person’s possession at that time in relation to the alleged
offence—see subsection 43(2).
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Part 9 Seizure of imported copies of copyright material
Section 50
Part 9—Seizure of imported copies of copyright material
50 Definition of action period in section 134B of the Act
For the purposes of the definition of action period in section 134B of the Act, the
period is 10 working days (as defined in that section).
51 Definition of claim period in section 134B of the Act
For the purposes of the definition of claim period in section 134B of the Act, the
period is 10 working days (as defined in that section).
52 Information to be given to Comptroller-General of Customs about objection
to importation of copies of works etc.—paragraph 135(8)(c) of the Act
(1) For the purposes of paragraph 135(8)(c) of the Act, the Comptroller-General of
Customs may direct a person who notifies the Comptroller-General under
subsection 135(2) of the Act to give the Comptroller-General information and
evidence about the following:
(a) the subsistence of copyright in the material;
(b) the ownership of the copyright;
(c) if the person who notifies the Comptroller General does so through an
agent—the agent’s authority to give the notice for the person.
(2) The person must comply with the direction.
53 Seizure of copies of works etc. imported into certain external Territories—
subsection 135(9) of the Act
Application of this section
(1) For the purposes of subsection 135(9) of the Act, this section applies in relation
to the importation into any of the following Territories, from a place other than
Australia, of copies of copyright material:
(a) Norfolk Island;
(b) the Territory of Christmas Island;
(c) the Territory of Cocos (Keeling) Islands.
Note: For this purpose, Australia includes the external Territories, as it does under section 10
of the Act.
Laws that apply in relation to importation
(2) The following provisions (the applied provisions) apply, with the modifications
described in subsection (3), in relation to the importation:
(a) Division 7 of Part V of the Act, except:
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Section 54
(i) the definition of Comptroller-General of Customs in section 134B;
and
(ii) subsections 135(1), (2), (3), (6), (6A), (8) and (9);
(b) sections 50, 51 and 54 of this instrument.
Modifications of applied provisions
(3) The applied provisions apply in relation to the importation into the Territory as
if:
(a) a reference in the applied provisions to Australia were a reference to the
Territory; and
(b) a reference in the applied provisions to a notice under subsection 135(2)
(however described) or a notice given under section 135 were a reference
to a notice given under subsection 135(2) of the Act applying apart from
this section; and
(c) a reference in the applied provisions to the Comptroller-General of
Customs had the same meaning as it has in the Customs Act 1901 as it
applies in the Territory because of an Ordinance of the Territory; and
(d) a reference (however expressed) in subsection 135(5) or
paragraph 135(7)(b) of the Act to revocation or declaration of
ineffectiveness of a notice under subsection 135(2) of the Act were a
reference to such a revocation or declaration under subsection 135(6) or
(6A) of the Act applying apart from this section; and
(e) a reference in paragraph 135(7)(d) of the Act to the Customs Act 1901 were
a reference to the Customs Act 1901 as it applies in the Territory because of
an Ordinance of the Territory; and
(f) a reference in subsection 135AJ(1) or (3) to copies covered by a notice
under section 135 were a reference to copies of copyright material that
were imported into the Territory and could be or were seized on the basis
of the notice.
Note 1: These modifications mean only one notice objecting to importation need be given as a
basis for seizing copies imported into any of the Territories or any other part of
Australia. Likewise, a single revocation or declaration of ineffectiveness of the notice
stops seizure of imports of copies to which the notice related into any of the Territories
or any other part of Australia.
Note 2: The Norfolk Island Customs Ordinance 2016 applies the Customs Act 1901 in Norfolk
Island and treats a reference in that Act (as so applying) to the Comptroller-General of
Customs as having the same meaning as it has in that Act as it applies of its own force.
Note 3: The Customs Ordinance 1993 of each of the Territory of Christmas Island and the
Territory of Cocos (Keeling) Islands applies the Customs Act 1901 in the Territory and
treats a reference in that Act (as so applying) to the Comptroller-General of Customs as
a reference to the Comptroller of the Indian Ocean Territories Customs Service
appointed under that Ordinance.
54 Claim for release of seized copies—section 135AEA of the Act
For the purposes of paragraph 135AEA(3)(b) of the Act, the following
information is prescribed:
(a) the importer’s full name, home or business address and address for service;
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Section 54
(b) a telephone number for the importer;
(c) the grounds for seeking the release of the seized copies;
(d) if the importer’s home or business address is not in Australia:
(i) the full name and the home or business address of a person who is the
importer’s agent in Australia; and
(ii) an address for service for the person who is the importer’s agent in
Australia; and
(iii) a telephone number for the person; and
(iv) information showing that the person agreed to be the importer’s agent;
(e) if a person or body other than the agent made arrangements on the
importer’s behalf for the seized copies to be brought to Australia:
(i) the full name, home or business address and address for service of the
person or body; and
(ii) a telephone number for the person or body.
Note: Examples of grounds for the purposes of paragraph (c) are:
(a) that the copies are not infringing copies; and
(b) that the importation of the copies did not infringe copyright.
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Section 55
Part 10—Retransmission of free-to-air broadcasts
55 Identity cards—subsection 135ZZQ(1) of the Act
For the purposes of subsection 135ZZQ(1) of the Act, the prescribed form of an
identity card is a form that includes:
(a) the following information:
(i) the name of the collecting society;
(ii) the name and title of the person to whom the identity card is issued;
(iii) the name and title of the person who issued the identity card;
(iv) the date on which the identity card is issued;
(v) the date on which the identity card will expire (no later than 3 years
after the day on which the identity card is issued); and
(b) a statement that the identity card has been issued under section 135ZZQ of
the Act; and
(c) the signature of the person to whom the identity card is issued.
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Part 11 Copyright Tribunal
Division 1 Preliminary
Section 56
Part 11—Copyright Tribunal
Division 1—Preliminary
56 Authority
This Part has effect for the purposes of section 166 of the Act, except as
indicated in this Part.
57 Organizations treated like persons
This Part, and the other provisions of this instrument so far as they relate to this
Part, apply to an organization (as defined in subsection 136(1) of the Act) in the
same way as they apply to a person.
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General provisions Division 2
Section 58
Division 2—General provisions
58 Seal of Tribunal
(1) The Tribunal is to have a seal.
(2) The President is to determine the design of the seal.
(3) The seal must be attached to:
(a) a document of a kind directed by the President; and
(b) any other document as ordered by the Tribunal.
Note: The President may give directions under section 147 of the Act.
(4) The seal may be attached to a document by hand, by electronic means or in any
other way.
59 Filing of documents
(1) A document is not filed until it is accepted for filing by the Registrar.
Refusing to accept document for filing
(2) The Registrar may refuse to accept a document for filing if it does not comply
with any provisions of this Part relevant to the document.
(3) The Registrar must refuse to accept a document for filing if:
(a) it is not substantially complete; or
(b) it does not substantially comply with this instrument; or
(c) it is not properly signed; or
(d) the Tribunal has directed that the document not be accepted; or
(e) the Tribunal has directed that the document not be accepted without the
leave of the Tribunal, and leave has not been obtained.
(4) If the Registrar refuses to accept a document for filing, the Registrar must give
the person who lodged or sent the document written notice of the refusal and
written reasons for the refusal.
Recording day of filing
(5) The Registrar must record the day on which a document is filed.
60 Address for service
(1) A person who files with the Registrar a document instituting, or relating to, a
Tribunal proceeding must specify in the document an address for service for the
person, unless the person has filed another document connected with the
proceeding specifying that address.
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(2) The person may later file with the Registrar a written notice, relating to the
Tribunal proceeding, that:
(a) specifies a new address for service for the person; and
(b) is signed by or on behalf of the person.
(3) The person must give every other party to the Tribunal proceeding a copy of the
notice within 7 days after filing the notice.
61 Tribunal may direct alternative means of service or dispense with service
The Tribunal may make an order relating to a document this Part requires or
permits to be served:
(a) directing that the document be served by means other than a means
permitted by Part 6 of the Acts Interpretation Act 1901 or section 9 of the
Electronic Transactions Act 1999; or
(b) dispensing with service of the document.
62 Notification of orders of Tribunal and of reasons
Written reasons for orders
(1) When making an order, the Tribunal must state in writing its reasons for making
the order.
Giving and inspection of orders
(2) The Registrar must cause a copy of the document recording the order and of the
reasons of the Tribunal:
(a) to be given to every party to the application or reference the order relates
to; and
(b) to be available at each office of the Registrar for public inspection when
that office is open for business.
Exceptions for interim and ancillary orders
(3) Subsections (1) and (2) do not apply to an order under section 61, an interim
order or an order that is made in respect of an application that is ancillary to
another Tribunal proceeding.
President may direct Registrar to publish order
(4) The President may direct the Registrar to publish on the Tribunal’s website
details of any order of the Tribunal.
Exception for suspended order
(5) Subsections (2) and (4) do not apply to an order whose operation is suspended
pending a reference of a question of law to the Federal Court of Australia.
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Division 3—Applications and references to the Tribunal
Subdivision A—General provisions about applications and references to
the Tribunal
63 Form, content and filing of application or reference to the Tribunal
(1) An application or reference to the Tribunal must:
(a) be in writing; and
(b) state the name of the person making the application or reference; and
(c) state the general nature of the application or reference and specify the
provision of the Act or of this instrument under which the application or
reference is made; and
(d) subject to subsection (2), include such other matters as are required by this
instrument to be included in an application or reference made under that
provision; and
(e) be signed by or on behalf of the person making the application or
reference; and
(f) be filed with the Registrar.
Note: Subdivision B requires particular matters to be set out in applications and references
made under particular provisions.
(2) Matters required by this instrument to be included in the application or reference
may be omitted if the President gives leave for the omission.
(3) When granting leave, the President may direct other matters to be included in the
application or reference instead of the omitted matters. Those other matters must
be included in the application or reference.
64 Giving application or reference to other parties
(1) A person making an application or reference to the Tribunal must, within 7 days
after filing the application or reference with the Registrar, give each other party
to the application or reference:
(a) a sealed copy of the application or reference; and
(b) written notice that the other party is a party to the application or reference.
(2) Subsection (1) does not apply to a party that became a party to the application or
reference after it was filed.
65 Advertising of applications and references
(1) A person making an application or reference to the Tribunal must, within 10 days
after filing it with the Registrar, advertise it in:
(a) a newspaper circulating throughout Australia; or
(b) the Gazette.
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(2) The advertisement must:
(a) specify the date on which the application or reference was made and the
relevant file number; and
(b) state the name, and the address for service, of the person; and
(c) state the general nature of the application or reference; and
(d) specify the provision of the Act or of this instrument under which the
application or reference is made.
(3) The President may direct that a particular application or reference:
(a) need not be advertised; or
(b) may be advertised in a way other than that required by subsection (1).
(4) The direction has effect despite subsection (1).
(5) Subsection (1) does not apply to an application made under a provision described
in column 1 of the following table:
Applications that need not be advertised
Column 1 Column 2
Provision Subject of application
Subsection 47(3) of the Act Determining equitable remuneration
Paragraph 59(3)(b) of the Act Apportioning royalty
Subsection 70(3) of the Act Determining equitable remuneration
Subsection 107(3) of the Act Determining equitable remuneration
Paragraph 108(1)(a) of the Act Determining equitable remuneration
Paragraph 113P(4)(b) of the Act Determining question relating to copying or
communicating by educational institution
Paragraph 113R(2)(b) of the Act Determining equitable remuneration
Paragraph 113S(4)(b) of the Act Determining question relating to entry onto premises
of educational institution
Subsection 135ZZM(1) of the Act Determining equitable remuneration
10 Subsection 135ZZN(3) of the Act Determining retransmitter’s record system
11 Section 99 of this instrument Being made party to Tribunal proceeding
12 Section 100 of this instrument Order relating to Tribunal proceeding
66 Hearing of application or reference
(1) The President must fix a time and place for the hearing of an application or
reference to the Tribunal, except:
(a) an application covered by section 99; or
(b) an application or reference in respect of which the Tribunal decides not to
have a hearing.
Note: An application covered by section 99 (to be made a party to a Tribunal proceeding) is
to be dealt with at the preliminary hearing or hearing of the proceeding.
(2) The Registrar must give notice of the time and place fixed to:
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(a) the parties to the application or reference; and
(b) the persons (if any) who have applied to the Tribunal to be made parties to
the application or reference and whose applications to be made parties have
not already been determined.
Subdivision B—Provisions about particular kinds of applications and
references to the Tribunal
67 Matters to be included in application under subsection 47(3) of the Act
An application to the Tribunal under subsection 47(3) of the Act (to determine
equitable remuneration for the making of a sound recording, or cinematograph
film, used for broadcasting a literary, dramatic or musical work or an adaptation
of such a work):
(a) must set out the circumstances or events giving rise to the application and,
in particular, must:
(i) identify the work or adaptation; and
(ii) identify the sound recording or cinematograph film; and
(iii) state whether the applicant is the owner of the copyright in the work
or the maker of the recording or film; and
(iv) if the applicant is the owner of the copyright—state the name of the
maker of the recording or film; and
(v) if the applicant is the maker of the recording or film—state the name
of the owner of the copyright; and
(b) must request the Tribunal to determine the amount that is equitable
remuneration to the owner of the copyright for the making of the recording
or film.
68 Matters to be included in application under paragraph 59(3)(b) of the Act
An application to the Tribunal under paragraph 59(3)(b) of the Act (for
apportioning the royalty for making a record comprising the performance of a
musical work involving the singing or speaking of words from a literary or
dramatic work between the owner of copyright in the musical work and the
owner of copyright in the literary or dramatic work):
(a) must set out the circumstances or events giving rise to the application and,
in particular, must:
(i) identify the musical work and the literary or dramatic work; and
(ii) identify the record; and
(iii) state whether the applicant is the owner of the copyright in the
musical work or the owner of the copyright in the literary or dramatic
work; and
(iv) if the applicant is the owner of the copyright in the musical work—
state the name of the owner of the copyright in the literary or dramatic
work; and
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(v) if the applicant is the owner of the copyright in the literary or dramatic
work—state the name of the owner of the copyright in the musical
work; and
(b) must request the Tribunal to determine the manner in which the royalty
payable by the maker of the record in respect of the musical work and the
literary or dramatic work is to be apportioned between the owners of the
copyrights in those works.
69 Matters to be included in application under subsection 70(3) of the Act
An application to the Tribunal under subsection 70(3) of the Act (to determine
equitable remuneration for the making of a cinematograph film of an artistic
work for including the work in a television broadcast):
(a) must set out the circumstances or events giving rise to the application and,
in particular, must:
(i) identify the artistic work; and
(ii) identify the cinematograph film; and
(iii) state whether the applicant is the owner of the copyright in the work
or the maker of the film; and
(iv) if the applicant is the owner of the copyright—state the name of the
maker of the film; and
(v) if the applicant is the maker of the film—state the name of the owner
of the copyright; and
(b) must request the Tribunal to determine the amount that is equitable
remuneration to the owner of the copyright for the making of the film.
70 Matters to be included in application under subsection 107(3) of the Act
An application to the Tribunal under subsection 107(3) of the Act (to determine
equitable remuneration for making a copy of a sound recording for
broadcasting):
(a) must set out the circumstances or events giving rise to the application and,
in particular, must:
(i) identify the sound recording; and
(ii) identify the copy; and
(iii) state whether the applicant is the owner of the copyright in the
recording or the maker of the copy; and
(iv) if the applicant is the owner of the copyright—state the name of the
maker of the copy; and
(v) if the applicant is the maker of the copy—state the name of the owner
of the copyright; and
(b) must request the Tribunal to determine the amount that is equitable
remuneration to the owner of the copyright for the making of the copy.
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71 Matters to be included in application under paragraph 108(1)(a) of the Act
An application to the Tribunal under paragraph 108(1)(a) of the Act (to
determine equitable remuneration for causing a published sound recording to be
heard in public):
(a) must set out the circumstances or events giving rise to the application and,
in particular, must:
(i) identify the sound recording; and
(ii) state whether the applicant is the owner of the copyright in the
recording or the person causing the recording to be heard in public;
and
(iii) if the applicant is the owner of the copyright—state the name of the
person causing the recording to be heard in public; and
(iv) if the applicant is the person causing the recording to be heard in
public—state the name of the owner of the copyright; and
(b) must request the Tribunal to determine the amount that is equitable
remuneration to the owner of the copyright for the causing of the recording
to be heard in public.
72 Matters to be included in application under paragraph 113P(4)(b) of the Act
An application to the Tribunal under paragraph 113P(4)(b) of the Act (to
determine a question relating to copying or communicating by a body
administering an educational institution) must:
(a) set out the circumstances or events giving rise to the application; and
(b) state whether the applicant is the body or a works collecting society or
broadcasts collecting society; and
(c) if the applicant is the body:
(i) identify the nature of education provided by the institution or the
nature of the material provided by the institution for the purpose of
helping other educational institutions in their teaching purposes; and
(ii) state the name of the collecting society; and
(d) if the applicant is a collecting society:
(i) give details of the notice relating to it under subsection 113V(5) of the
Act; and
(ii) state the name of the body; and
(e) state the question; and
(f) request the Tribunal to determine the question.
73 Application under paragraph 113R(2)(b) of the Act
Matters to be included in application
(1) An application under paragraph 113R(2)(b) of the Act (to determine the amount
of the equitable remuneration that the body administering an educational
institution undertakes to pay a collecting society for licensed copying or
communicating) must:
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(a) set out the circumstances or events giving rise to the application; and
(b) state whether the applicant is the body administering the institution or the
collecting society; and
(c) if the applicant is the body:
(i) identify the nature of education provided by the institution or the
nature of the material provided by the institution for the purpose of
helping other educational institutions in their teaching purposes; and
(ii) state the name of the collecting society; and
(d) if the applicant is the collecting society:
(i) give details of the notice relating to it under subsection 113V(5) of the
Act; and
(ii) state the name of the body; and
(e) request the Tribunal to determine the amount.
Matters for Tribunal to consider in determining equitable remuneration
(2) The following matters are prescribed for the purposes of column 3 of item 2 of
the table in subsection 153A(4) of the Act (as matters the Tribunal must have
regard to in determining the amount of the equitable remuneration the body
administering an educational institution undertakes to pay for licensed copying
or communicating involving the whole or part of a work or broadcast):
(a) the nature of:
(i) the work; or
(ii) any work, sound recording or cinematograph film included in the
broadcast;
(b) the nature of the institution;
(c) the need to ensure adequate incentive for the production of educational
works, educational sound recordings and educational cinematograph films
in Australia;
(d) the purpose and character of the copying or communication;
(e) the effect of the copying or communication on the market for, or value of,
the material copied or communicated;
(f) the special circumstances of persons undertaking correspondence courses
or external study courses provided by the institution, including any
difficulties faced by those persons in:
(i) engaging in a fair dealing covered by section 40 or 103C of the Act;
or
(ii) making a request and declaration to which section 49 of the Act
applies;
(g) any unremunerated contribution by the institution to the creation of the
material copied or included in the broadcast.
Note: Item 2 of the table in subsection 153A(4) of the Act is about dealing with an
application under paragraph 113R(2)(b) of the Act.
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74 Matters to be included in application under paragraph 113S(4)(b) of the Act
An application under paragraph 113S(4)(b) of the Act (to determine a question
relating to entry of a person authorised by a collecting society onto premises of
an educational institution) must:
(a) set out the circumstances or events giving rise to the application; and
(b) state whether the applicant is the body administering the institution or the
collecting society; and
(c) if the applicant is the body:
(i) identify the nature of education provided by the institution or the
nature of the material provided by the institution for the purpose of
helping other educational institutions in their teaching purposes; and
(ii) state the name of the collecting society; and
(d) if the applicant is the collecting society:
(i) give details of the notice relating to it under subsection 113V(5) of the
Act; and
(ii) state the name of the body; and
(e) state the question; and
(f) request the Tribunal to determine the question.
75 Matters to be included in references under paragraph 113V(2)(c) of the Act
A reference to the Tribunal under paragraph 113V(2)(c) of the Act (of an
application by a body to be declared as a collecting society) must:
(a) state the name of the body; and
(b) set out the circumstances or events giving rise to the reference; and
(c) state that the body has applied to be declared whichever of the following
applies:
(i) the works collecting society for all eligible rights holders;
(ii) the works collecting society for classes of eligible rights holders
specified in the application;
(iii) the broadcasts collecting society; and
(d) if there is another body at present declared to be whichever one of
subparagraphs (c)(i), (ii) and (iii) applies—state the name of the other
body; and
(e) request the Tribunal to determine the application by declaring the body to
be a collecting society under section 113V of the Act or by rejecting the
application.
76 Matters to be included in references under paragraph 113X(2)(b) of the Act
A reference to the Tribunal under paragraph 113X(2)(b) of the Act (of the
question whether the declaration of a body as a collecting society should be
revoked) must:
(a) state the name of the collecting society; and
(b) state the provision of the Act under which the declaration was made; and
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(c) state the kind of copyright material and persons for which the body was
declared to be a collecting society; and
(d) give details of the notifiable instrument by which the Minister gave notice
of the declaration; and
(e) state each matter described in a paragraph of subsection 113X(1) of the Act
of which the Minister is satisfied and why; and
(f) request the Tribunal to determine the question whether the declaration of
the body as the collecting society should be revoked.
77 Matters to be included in applications under subsection 113ZB(1) of the Act
An application to the Tribunal under subsection 113ZB(1) of the Act (to review a
collecting society’s actual or proposed arrangement for distributing amounts it
collects) must:
(a) state whether the applicant is the collecting society or a member of the
collecting society; and
(b) state whether the application is for review of the arrangement adopted, or
for review of an arrangement proposed to be adopted, by the collecting
society for distributing amounts it collects in a period; and
(c) set out the circumstances or events giving rise to the application; and
(d) give details of the arrangement; and
(e) request the Tribunal to determine the application by making an order
confirming the arrangement, varying the arrangement or substituting for
the arrangement another arrangement; and
(f) if variation of the arrangement is requested—give details of the variation;
and
(g) if substitution for the arrangement of another arrangement is sought—give
details of the other arrangement.
78 Matters to be included in application under subsection 135ZZM(1) of the Act
An application to the Tribunal under subsection 135ZZM(1) of the Act (to
determine equitable remuneration payable under a remuneration notice given to a
collecting society by or on behalf of a retransmitter for one or more
retransmissions of free-to-air broadcasts) must:
(a) set out the circumstances or events giving rise to the application; and
(b) state whether the applicant is the retransmitter or the collecting society; and
(c) if the applicant is the retransmitter—state the name of the collecting
society; and
(d) if the applicant is the collecting society:
(i) give details of the declaration of the society under section 135ZZT of
the Act; and
(ii) state the name of the retransmitter; and
(e) identify the retransmission or retransmissions; and
(f) identify the classes of works, sound recordings or cinematograph films that
are included in the retransmission or retransmissions; and
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(g) request the Tribunal to determine an amount that is equitable remuneration
for the making of the retransmission or retransmissions while the
remuneration notice is in force, so far as that equitable remuneration relates
to the identified classes of works, sound recordings or cinematograph
films.
79 Matters to be included in application under subsection 135ZZN(3) of the Act
An application to the Tribunal under subsection 135ZZN(3) of the Act (for
determining a record system, to be established and maintained by a retransmitter
that gave a collecting society a remuneration notice, for records of titles of
programs included in retransmissions) must:
(a) set out the circumstances or events giving rise to the application; and
(b) state whether the applicant is the retransmitter or the collecting society; and
(c) if the applicant is the retransmitter—state the name of the collecting
society; and
(d) if the applicant is the collecting society:
(i) give details of the declaration of the society under section 135ZZT of
the Act; and
(ii) state the name of the retransmitter; and
(e) identify the retransmissions; and
(f) request the Tribunal to determine the record system that must be
established and maintained by the retransmitter under
subsection 135ZZN(1) of the Act.
80 Matters to be included in references under paragraph 135ZZT(1A)(c) of the
Act
A reference to the Tribunal under paragraph 135ZZT(1A)(c) of the Act (of an
application by a body to be declared as a collecting society) must:
(a) state the name of the body; and
(b) set out the circumstances or events giving rise to the reference; and
(c) state that the body has applied to be declared as a collecting society under
section 135ZZT of the Act; and
(d) state whether the declaration sought is as a collecting society for all
relevant copyright owners or for classes of relevant copyright owners; and
(e) if there is another body at present declared in relation to those copyright
owners as a collecting society under section 135ZZT of the Act—state the
name of the other body; and
(f) request the Tribunal to determine the application by declaring the body to
be a collecting society under section 135ZZT of the Act or by rejecting the
application.
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81 Matters to be included in references under paragraph 135ZZU(2)(b) of the
Act
A reference to the Tribunal under paragraph 135ZZU(2)(b) of the Act (of the
question whether the declaration of a body as a collecting society should be
revoked) must:
(a) state the name of the collecting society; and
(b) state the provision of the Act under which the declaration was made; and
(c) state the relevant copyright owners or the classes of relevant copyright
owners for which the collecting society is declared; and
(d) give details of the declaration of the society under section 135ZZT of the
Act; and
(e) state each matter described in a paragraph of subsection 135ZZU(1) of the
Act of which the Minister is satisfied and why; and
(f) request the Tribunal to determine the question whether the declaration of
the body as the collecting society should be revoked.
82 Matters to be included in application under subsection 135ZZWA(1) of the
Act
An application to the Tribunal under subsection 135ZZWA(1) of the Act (to
review a collecting society’s actual or proposed arrangement for distributing
amounts it collects) must:
(a) state whether the applicant is the collecting society or a member of the
collecting society; and
(b) state whether the application is for review of the arrangement adopted, or
for review of an arrangement proposed to be adopted, by the collecting
society for distributing amounts it collects in a period; and
(c) set out the circumstances or events giving rise to the application; and
(d) give details of the arrangement; and
(e) request the Tribunal to determine the application by making an order
confirming the arrangement, varying the arrangement or substituting for
the arrangement another arrangement; and
(f) if variation of the arrangement is requested—give details of the variation;
and
(g) if substitution for the arrangement of another arrangement is sought—give
details of the other arrangement.
83 Matters to be included in application under subsection 135ZZZS(1) of the
Act
An application to the Tribunal under subsection 135ZZZS(1) of the Act (to
review a collecting society’s actual or proposed arrangement for distributing
amounts it collects) must:
(a) state whether the applicant is the collecting society or a member of the
collecting society; and
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(b) state whether the application is for review of the arrangement adopted, or
for review of an arrangement proposed to be adopted, by the collecting
society for distributing amounts it collects in a period; and
(c) set out the circumstances or events giving rise to the application; and
(d) give details of the arrangement; and
(e) request the Tribunal to determine the application by making an order
confirming the arrangement, varying the arrangement or substituting for
the arrangement another arrangement; and
(f) if variation of the arrangement is requested—give details of the variation;
and
(g) if substitution for the arrangement of another arrangement is sought—give
details of the other arrangement.
84 Matters to be included in application under subsection 152(2) of the Act
An application to the Tribunal under subsection 152(2) of the Act (for an order
about determining the amount payable by a broadcaster to the owners of
copyrights in published sound recordings for broadcasting those recordings in a
period) must:
(a) state whether the applicant is the broadcaster or the owner of a copyright in
a published sound recording; and
(b) if the applicant is the owner of such a copyright—state the name of the
broadcaster; and
(c) specify the period; and
(d) request the Tribunal to make an order 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 that period of those recordings by that broadcaster.
85 Matters to be included in application under subsection 152(12) of the Act
An application to the Tribunal under subsection 152(12) of the Act (for
amendment of an order under subsection 152(6) of the Act to specify the
applicant as one of the persons among whom the amount determined in
accordance with the order is to be divided) must:
(a) specify the order; and
(b) request the Tribunal to amend the order so as to specify the applicant as
one of the persons among whom the amount specified in, or determined in
accordance with, the order is to be divided.
86 Matters to be included in application under subsection 153F(1) of the Act
An application to the Tribunal under subsection 153F(1) of the Act (for a
declaration that a company be a collecting society for the purposes of Division 2
of Part VII of the Act) must:
(a) state that the criteria in subsection 153F(6) of the Act are met and detail
how they are met; and
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(b) state whether the applicant seeks a declaration for all government copies or
a class of government copies; and
(c) if another company is declared as a collecting society under section 153F
of the Act for the government copies for which the applicant seeks a
declaration—state the name of that company; and
(d) request the Tribunal to determine the application by declaring the applicant
to be a collecting society for the purposes of Division 2 of Part VII of the
Act or by rejecting the application.
87 Matters to be included in application under subsection 153G(1) of the Act
An application to the Tribunal under subsection 153G(1) of the Act (for
revocation of a declaration under section 153F that a company be a collecting
society for the purposes of Division 2 of Part VII of the Act) must:
(a) if the applicant is not the collecting society—state the name of the
collecting society; and
(b) state that the company is declared to be a collecting society under
section 153F of the Act; and
(c) give details of the notice published in the Gazette about the declaration of
the collecting society; and
(d) state the grounds in subsection 153G(5) of the Act that will be relied on in
the case; and
(e) request the Tribunal to revoke the declaration of the company as a
collecting society.
88 Matters to be included in application under subsection 153K(1) of the Act
An application to the Tribunal under subsection 153K(1) of the Act (for an order
determining the method for working out remuneration payable under
subsection 183A(2) of the Act for government copies made for the services of a
government in a period):
(a) must set out the circumstances or events giving rise to the application and,
in particular, must:
(i) identify the copyright material relevant to the application; and
(ii) state the period for which the order is sought; and
(iii) state whether the government copies made in the period were made by
the Commonwealth or by a State, and, if a State, name the State; and
(iv) state that subsection 183(5) of the Act does not apply to the
government copies made in the period because a company is the
relevant collecting society for the purposes of Division 2 of Part VII
of the Act for the copies, and the society has not ceased operating as
that collecting society; and
(v) if a government copy is to be omitted from the Tribunal’s order
determining the method—state the reason for the omission; and
(b) must request the Tribunal to make an order determining the method for
working out remuneration payable under subsection 183A(2) of the Act for
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government copies made for the services of the government in the
particular period.
89 Matters to be included in reference under section 154 of the Act
(1) A reference of a licence scheme to the Tribunal by a licensor under section 154
of the Act must:
(a) state that the licensor proposes to bring the scheme into operation; and
(b) state whether the scheme relates to:
(i) licences in respect of literary, dramatic or musical works; or
(ii) licences in respect of sound recordings; or
(iii) licences both in respect of literary, dramatic or musical works and in
respect of sound recordings; and
(c) state whether the licensor:
(i) is the owner or prospective owner of the copyright in the works or
recordings; or
(ii) is acting as agent for the owners or prospective owners in relation to
the negotiation or granting of such licences; and
(d) request the Tribunal to make such order, confirming or varying the scheme
or substituting for the scheme another scheme proposed by one of the
parties, as the Tribunal considers reasonable in the circumstances.
(2) The reference must include a copy of the licence scheme.
90 Reference of existing licence scheme under section 155 of the Act
(1) A reference of a licence scheme to the Tribunal under section 155 of the Act
must:
(a) state whether the person referring the scheme is:
(i) the licensor operating the scheme; or
(ii) an organization claiming to be representative of persons requiring
licences in cases included in a class of cases to which the scheme
applies; or
(iii) a person claiming that he or she requires a licence in a case included
in a class of cases to which the scheme applies; and
(b) specify the class of cases to which the reference relates; and
(c) state the name of the other party to the dispute that gave rise to the
reference; and
(d) set out details of the matter in dispute; and
(e) request the Tribunal to make such order, confirming or varying the scheme
or substituting for the scheme another scheme proposed by one of the
parties, so far as it relates to the class of cases to which the reference
relates, as the Tribunal considers reasonable in the circumstances.
(2) If the reference is made by an organization claiming to be representative of
persons requiring licences, the Tribunal must, before determining the question
whether the organization is reasonably representative of the class of persons that
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it claims to represent, give each of the following an opportunity to present a case
in relation to that question:
(a) every other party to the reference;
(b) every person who has applied to be made a party to the reference and
whose application has not been determined.
91 Reference under section 156 of the Act
(1) A reference to the Tribunal under section 156 of the Act of a licence scheme
reflecting an order of the Tribunal under section 154 or 155 of the Act so far as it
relates to cases in a class must:
(a) specify:
(i) the date when the Tribunal last made an order with respect to the
scheme that applies to the class; and
(ii) the relevant file number for the Tribunal proceedings in which that
order was made; and
(b) specify the class; and
(c) state whether the person referring the scheme is:
(i) the licensor operating the scheme; or
(ii) an organization claiming to be representative of persons requiring
licences in cases included in the class; or
(iii) a person claiming that he or she requires a licence in a case included
in the class; and
(d) if the reference arises from a dispute:
(i) state the name of the other party to the dispute; and
(ii) set out details of the matter in dispute; and
(e) if leave of the Tribunal is required for the making of the reference:
(i) if that leave has already been granted—specify the date when the
Tribunal granted the leave and the relevant file number; and
(ii) in any other case—state the grounds on which leave is sought for the
making of the reference and request the Tribunal to grant leave for the
making of the reference; and
(f) request the Tribunal to make an order about the scheme as previously
confirmed, varied or substituted, by confirming or varying the scheme or
substituting for the scheme another scheme proposed by one of the parties,
as the Tribunal considers reasonable in the circumstances.
Note: Section 92 deals with applications for leave.
(2) If the reference is made by an organization claiming to be representative of
persons requiring licences, the Tribunal must, before determining the question
whether the organization is reasonably representative of the class of persons that
it claims to represent, give each of the following an opportunity to present a case
in relation to that question:
(a) every other party to the reference;
(b) every person who has applied to be made a party to the reference and
whose application has not been determined.
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92 Application for leave under subsection 156(2) of the Act to refer licence
scheme to the Tribunal
(1) This section applies if a person:
(a) wants the leave of the Tribunal under subsection 156(2) of the Act to refer
to the Tribunal under subsection 156(1) of the Act a licence scheme
reflecting an order of the Tribunal under section 154 or 155 of the Act so
far as it relates to cases in a class; and
(b) wants the leave granted before the preliminary hearing or the hearing of the
reference.
(2) The person must make an application to the Tribunal that:
(a) describes the general nature of the scheme as previously confirmed, varied
or substituted by the Tribunal; and
(b) specifies the class of cases in relation to which the applicant wishes to refer
the scheme to the Tribunal; and
(c) specifies:
(i) the date when the Tribunal last made an order with respect to the
scheme in relation to that class of cases; and
(ii) the relevant file number; and
(d) if the proposed reference arises from a dispute:
(i) states the name of the other party to the dispute; and
(ii) sets out details of the matter in dispute; and
(e) states the grounds on which leave is sought for the making of the reference;
and
(f) requests the Tribunal to grant leave to the applicant to refer the scheme to
the Tribunal in so far as it relates to that class of cases.
(3) The parties to the application are:
(a) the applicant; and
(b) if the application is not made by the licensor operating the scheme—that
licensor; and
(c) such other persons (if any) as apply to the Tribunal to be made parties to
the application and are made parties to the application under subsection (4).
(4) The Tribunal may make a person party to the application if the person:
(a) applies to the Tribunal to be made a party to the application; and
(b) appears to the Tribunal to have a substantial interest in the operation of the
scheme so far as it relates to the class of cases specified in the application.
(5) The Tribunal must:
(a) consider the application; and
(b) give the parties to the application an opportunity to present their cases; and
(c) make such order, either granting or refusing the application, as the Tribunal
thinks fit.
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93 Application under subsection 157(1) of the Act
(1) An application to the Tribunal under subsection 157(1) of the Act (relating to the
refusal or failure of a licensor operating a licence scheme to grant, or procure the
grant, to the applicant of a licence in accordance with the scheme):
(a) must set out the circumstances or events giving rise to the application and,
in particular, must:
(i) specify the case in which a licence is required by the applicant; and
(ii) specify the licence scheme; and
(iii) state the name of the licensor; and
(iv) specify the date or approximate date on which the applicant requested
the licensor to grant, or procure the grant, of a licence in accordance
with the scheme; and
(b) must request the Tribunal to make:
(i) an order stating the charges and the conditions that the Tribunal
considers apply under the scheme for the applicant; or
(ii) an order that the applicant be granted a licence in the terms proposed
by the applicant, the licensor or another party to the application.
(2) The licensor is a party to the application.
94 Application under subsection 157(2) of the Act
(1) An application to the Tribunal under subsection 157(2) of the Act (relating to a
claim that the grant of a licence in accordance with a licence scheme in a case in
which the applicant requires a licence would be subject to charges or conditions
that are not reasonable in the circumstances of the case):
(a) must set out the circumstances or events giving rise to the application and,
in particular, must:
(i) specify the case; and
(ii) specify the licence scheme; and
(iii) state the name of the licensor operating the scheme; and
(iv) specify the charges or conditions that the applicant claims are not
reasonable; and
(b) must request the Tribunal to make:
(i) an order stating the charges and the conditions that the Tribunal
considers reasonable in the circumstances for the applicant; or
(ii) an order that the applicant be granted a licence in the terms proposed
by the applicant, the licensor or another party to the application.
(2) The licensor is a party to the application.
95 Application under subsection 157(3) of the Act
(1) This section applies to an application to the Tribunal under subsection 157(3) of
the Act relating to a claim that the applicant requires a licence in a case to which
a licensing scheme does not apply and that a licensor:
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(a) has unreasonably refused or failed to grant, or procure the grant, of the
licence; or
(b) proposes that the licence should be granted subject to the payment of
charges, or to conditions, that are unreasonable.
(2) The application must set out the circumstances or events giving rise to the
application and, in particular, must:
(a) specify the case; and
(b) state the name of the licensor; and
(c) in the case of a refusal or failure to grant, or procure the grant of, the
licence—specify the date or approximate date on which the applicant
requested the licensor to grant, or procure the grant of, the licence; and
(d) in the case of a proposal of unreasonable charges or conditions—specify
those charges or conditions.
(3) The application must request the Tribunal to make:
(a) an order that the applicant be granted a licence in the terms proposed by the
applicant, the licensor or another party to the application; or
(b) an order stating the charges and the conditions that the Tribunal considers
reasonable in the circumstances for the applicant.
(4) The licensor is a party to the application.
96 Applications under subsection 157(4) of the Act
(1) This section applies to an application to the Tribunal under subsection 157(4) of
the Act by an organization that claims:
(a) that it is representative of persons requiring licences in cases to which a
licence scheme does not apply; and
(b) that a licensor:
(a) has unreasonably refused or failed to grant, or procure the grant, of
the licences; or
(b) proposes that the licences should be granted subject to the payment of
charges, or to conditions, that are unreasonable.
(2) The application must set out the circumstances or events giving rise to the
application and, in particular, must:
(a) specify the cases in which the licences are required; and
(b) state the name of the licensor; and
(c) in the case of a refusal or failure to grant, or procure the grant of, the
licences—specify the dates or approximate dates on which the licensor was
requested to grant, or procure the grant of, the licences; and
(d) in the case of a proposal of unreasonable charges or conditions—specify
those charges or conditions.
(3) The application must request the Tribunal to make:
(a) an order that a licence be granted, in the terms proposed by the applicant,
the licensor or another party to the application, to each person who:
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(i) is specified in the order (whether by reference to a class or otherwise);
and
(ii) was represented by the applicant or was a party to the application; or
(b) an order stating the charges (if any) and the conditions that the Tribunal
considers reasonable in the circumstances for the persons represented by
the applicant.
(4) The licensor is a party to the application.
97 Application under subsection 183(5) of the Act
(1) This section applies to an application to the Tribunal to fix terms under
subsection 183(5) of the Act for the doing, by the Commonwealth, a State or a
person authorised by the Commonwealth or a State, of an act that:
(a) is comprised in copyright; and
(b) does not infringe copyright because of subsection 183(1) of the Act.
(2) The application must set out the circumstances or events giving rise to the
application and, in particular, must:
(a) identify the work or other subject-matter to which the application relates;
and
(b) identify the act; and
(c) state whether the applicant is:
(i) the owner or exclusive licensee of the copyright in the work or other
subject-matter; or
(ii) the Commonwealth; or
(iii) a State; and
(d) if the applicant is the owner or exclusive licensee of the copyright:
(i) state whether the act was or is to be done by the Commonwealth, a
State or a person authorised by the Commonwealth or a State; and
(ii) if the act was or is to be done by a State or a person authorised by a
State—identify the State; and
(e) if the applicant is the Commonwealth or a State—state the name of the
owner or exclusive licensee of the copyright.
Note: Subsection 183(9) of the Act modifies subsection 183(5) of the Act to apply to the
exclusive licensee (if there is one) of the copyright instead of the owner of the
copyright.
(3) The application must request the Tribunal to fix terms as between the owner or
exclusive licensee of the copyright and the Commonwealth or the State for the
doing of any of the acts comprised in the copyright under subsection 183(1) of
the Act.
98 Matters to be included in applications under subsection 183F(1) of the Act
An application to the Tribunal under subsection 183F(1) of the Act (to review an
actual or proposed arrangement for distributing amounts collected by a collecting
society for use of copyright material by the Crown) must:
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(a) state whether the applicant is the collecting society or a member of the
collecting society; and
(b) state whether the application is for review of the arrangement adopted, or
for review of an arrangement proposed to be adopted, by the collecting
society for distributing amounts it collects in a period; and
(c) set out the circumstances or events giving rise to the application; and
(d) give details of the arrangement; and
(e) request the Tribunal to determine the application by making an order
confirming the arrangement, varying the arrangement or substituting for
the arrangement another arrangement; and
(f) if variation of the arrangement is requested—give details of the variation;
and
(g) if substitution for the arrangement of another arrangement is sought—give
details of the other arrangement.
Subdivision C—Applications ancillary to Tribunal proceedings
99 Application to be made a party to a Tribunal proceeding
(1) An application to the Tribunal by a person seeking to be made a party to a
Tribunal proceeding must:
(a) state the date when the Tribunal proceeding was started and the relevant
file number for the proceeding; and
(b) state the interest of the person:
(i) if the Tribunal proceeding is a reference under section 113V, 135ZZT
or 135ZZZO, or an application under section 153F, of the Act—in the
question whether the applicant should be declared to be a collecting
society; and
(ii) if the Tribunal proceeding is a reference under section 113X, 135ZZU
or 135ZZZP, or an application under section 153G, of the Act—in the
question whether the declaration of the collecting society should be
revoked; and
(iii) if the Tribunal proceeding is an application under section 113ZB,
135ZZWA, 135ZZZS or 183F of the Act—in the arrangement; and
(iv) if the Tribunal proceeding is an application under section 152 of the
Act—in the matter applied for; and
(v) if the Tribunal proceeding is a reference under section 154 of the
Act—in the operation of the scheme that is referred; and
(vi) if the Tribunal proceeding is a reference under section 155 or 156, or
an application under section 157, of the Act—in the matter in dispute;
and
(vii) if the Tribunal proceeding is an application for leave of the Tribunal
under subsection 156(2) of the Act to refer a licence scheme to the
Tribunal—in the operation of the scheme so far as it relates to the
class of cases specified in the application; and
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(viii) if the Tribunal proceeding is a reference or application under
Subdivision H of Division 3 of Part VI of the Act and the person is the
Australian Competition and Consumer Commission—in the matter
that is referred or applied for; and
(c) request the Tribunal to make the person a party to the Tribunal proceeding.
(2) The application must be dealt with at the preliminary hearing (if any) or the
hearing of the Tribunal proceeding.
(3) The Tribunal must give each of the following an opportunity to make a
presentation on whether the applicant should be made a party to the Tribunal
proceeding:
(a) the applicant;
(b) every party to the Tribunal proceeding;
(c) every other person who has applied to be made a party to the Tribunal
proceeding and whose application has not been determined.
100 Application for order about matter related to Tribunal proceeding
(1) A party to a Tribunal proceeding (except an application to be made a party to
another Tribunal proceeding) may apply to the Tribunal requesting the Tribunal
to make an order with respect to any matter relating to the proceeding.
(2) The application must:
(a) state the date when the Tribunal proceeding was started and the relevant
file number for the proceeding; and
(b) set out the circumstances or events giving rise to the application.
101 Consenting to order about matter related to Tribunal proceeding
(1) If an application is made under subsection 100(1) for an order with respect to any
matter relating to a Tribunal proceeding, a party to the proceeding may consent
to the making of the order.
(2) The consent may be endorsed on the application or set out in a separate
document filed with the Registrar.
(3) If the consent is set out in a separate document that is not filed with the
application, the party must give the applicant a copy of the document within 7
days after the document is filed.
102 When notice or copy of application under section 100 need not be given
(1) A party that has consented to the making of an order applied for under
section 100 need not be given:
(a) notice of the application; or
(b) a copy of the application.
(2) If the President or the Tribunal gives leave, a person who has not consented to
the making of an order applied for under section 100 need not be given:
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(a) notice of the application; or
(b) a copy of the application.
103 Dealing with application under section 100
(1) The Tribunal must consider an application made under section 100 and may
make such order in relation to the application as the Tribunal considers
reasonable in the circumstances.
(2) However, the Tribunal:
(a) must not refuse the application in whole or in part without giving the
applicant an opportunity to present a case; and
(b) must not grant the application in whole or in part without giving each party
that lodged an objection to the application an opportunity to present a case.
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Division 4—Ancillary matters
Subdivision A—General
104 Consolidating applications and references
(1) If 2 or more applications or references are pending before the Tribunal, the
Tribunal may, on its own initiative or on the application of a party to any of
them:
(a) direct that some or all of them be considered together; and
(b) give such consequential directions as the Tribunal considers necessary.
Note: This allows consideration together of 2 or more applications, 2 or more references or a
combination of one or more applications and one or more references.
Consulting parties before consolidating
(2) Before giving a direction under this section, the Tribunal must give each party to
each application or reference concerned an opportunity to present a case.
105 Directions as to procedure
Directions for Tribunal proceedings that have not started to be heard
(1) If the Tribunal has not started hearing a Tribunal proceeding, the President may:
(a) give directions; or
(b) authorise a member of the Tribunal to give directions;
as to the procedure to be followed in connection with the hearing before the
Tribunal of the proceeding.
(2) A direction or authorisation by the President under subsection (1) may:
(a) be of general application; or
(b) relate to the hearing of:
(i) one or more particular proceedings; or
(ii) proceedings included in a particular class of proceedings.
Directions for Tribunal proceedings that have started to be heard
(3) If the Tribunal has started hearing a Tribunal proceeding:
(a) the member of the Tribunal presiding; or
(b) any other member of the Tribunal authorised by the member presiding;
may give directions as to the procedure to be followed in connection with the
hearing before the Tribunal of the proceeding and of any related Tribunal
proceeding (whether or not the Tribunal has started to hear the related
proceeding).
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Variation and revocation of directions given under this section
(4) A direction or authorisation given under this section may be varied or revoked at
any time by a member of the Tribunal who may give the direction or
authorisation under this section.
106 Request as to constitution of Tribunal
(1) A request under subsection 146(3) of the Act by a party to an application or
reference that the Tribunal be constituted by more than one member for the
purposes of that application or reference must:
(a) be in writing addressed to the Registrar; and
(b) specify the day on which the application or reference was filed with the
Registrar and the relevant file number; and
(c) state the name of the party making the request; and
(d) be signed by or on behalf of that party; and
(e) be filed with the Registrar before the Tribunal begins to consider the
application or reference.
(2) The party making the request must give every other party to the application or
reference a sealed copy of the request within 7 days after filing the request.
107 Withdrawal of application or reference
Leave for withdrawal
(1) A person who has made an application or reference to the Tribunal may, with the
leave of the Tribunal, withdraw the application or reference at any time before
the Tribunal has determined it.
Note: Subsections 154(6) and 155(7) of the Act allow withdrawal of certain references
without the leave of the Tribunal.
(2) The leave of the Tribunal may be granted unconditionally or subject to such
conditions as the Tribunal thinks reasonable.
Method of withdrawal
(3) Withdrawal of an application or reference to the Tribunal must be made by:
(a) filing with the Registrar a notice in writing:
(i) addressed to the Registrar; and
(ii) specifying the day on which the application or reference was made
and the relevant file number; and
(iii) stating that the person who made the application or reference
withdraws it; and
(iv) signed by or on behalf of that person; and
(b) giving every other party to the application or reference a sealed copy of the
notice.
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This applies whether the withdrawal is made with the leave of the Tribunal or
under subsection 154(6) or 155(7) of the Act (applying of its own force or
because of subsection 156(5)) of the Act.
108 Amendment of documents
(1) The Tribunal may grant leave to a party to a Tribunal proceeding to amend a
document the party previously filed with the Registrar in connection with the
proceeding.
(2) The leave may be granted unconditionally or subject to such conditions as the
Tribunal thinks reasonable.
(3) If the leave is granted, the party must file with the Registrar a statement of the
amendments.
(4) The amendments are taken to be made when the statement is filed.
(5) The party must give every other party to the Tribunal proceeding a sealed copy
of the statement within 7 days after filing the statement.
Subdivision B—References of questions of law to Federal Court of
Australia
109 Request for reference of question of law to Federal Court of Australia
Form and content of request
(1) A request to the Tribunal for the reference of a question of law in a Tribunal
proceeding to the Federal Court of Australia under subsection 161(1) of the Act
must:
(a) be in writing addressed to the Registrar; and
(b) state the name of the party making the request; and
(c) specify the question of law; and
(d) be signed by or on behalf of the party making the request; and
(e) be filed with the Registrar.
Notice of request
(2) The party making the request must give every other party to the Tribunal
proceeding a sealed copy of the request, and a notice of the party’s right under
subsection (3):
(a) in any case—within 7 days after filing the request with the Registrar; and
(b) if the hearing of the proceeding to which the request relates has not
commenced or has been adjourned—not later than the day fixed for the
commencement of the hearing or to which the hearing has been adjourned.
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Presenting case to the Tribunal relating to request
(3) A party to the proceeding may present a case in writing to the Tribunal in
relation to the request within 21 days after:
(a) if the party made the request—filing the request with the Registrar; or
(b) if the party was given a sealed copy of the request—being given that copy.
(4) The Tribunal may give to each party to the Tribunal proceeding an opportunity to
present a case orally to the Tribunal in relation to the request.
Notice of decision on request
(5) The Registrar must give notice of the Tribunal’s decision on the request to:
(a) the party that made the request; and
(b) each other party that:
(i) presented a case to the Tribunal in relation to the request; or
(ii) notified the Tribunal that the party wished to be informed of the
decision.
110 Fixing new date for hearing if party requests reference of question of law to
Federal Court of Australia
(1) This section applies if:
(a) a party to a Tribunal proceeding requests the Tribunal to refer a question of
law to the Federal Court of Australia under subsection 161(1) of the Act;
and
(b) a day has been fixed for a hearing (whether or not a further hearing) of the
proceeding that is less than 28 days after the filing of the request.
(2) The President must fix a new day for the hearing of that Tribunal proceeding that
is more than 28 days after the filing of the request.
(3) The Registrar must give the parties to the Tribunal proceeding notice of the new
day.
111 Adjournment of Tribunal proceeding pending decision of Federal Court of
Australia
If:
(a) under subsection 161(1) of the Act the Tribunal refers a question of law
arising in a Tribunal proceeding for determination by the Federal Court of
Australia; and
(b) the Tribunal has not given its decision in the proceeding;
the Tribunal must adjourn its hearing of the proceeding until the question has
been heard and determined by the Federal Court of Australia.
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112 Tribunal proceeding after determination of question of law by Federal
Court of Australia
(1) If a question of law arising in a Tribunal proceeding has been referred to the
Federal Court of Australia under section 161 of the Act, and determined by the
Court, any party to the proceeding before the Court may file with the Registrar
an office copy of the Court’s order.
(2) When the copy has been filed, the President must fix a time and place for the
resumption of the hearing of the Tribunal proceeding, unless:
(a) the question of law was referred to the Federal Court of Australia after the
Tribunal had given its decision in the Tribunal proceeding; and
(b) that decision is consistent with the determination of the Court.
(3) The Registrar must give the parties to the Tribunal proceeding notice of the time
and place fixed.
113 Prescribed period for purposes of subsection 161(2) of the Act
For the purposes of subsection 161(2) of the Act, the prescribed period (for
requesting a reference of a question of law to the Federal Court of Australia after
the Tribunal gave its decision in a Tribunal proceeding) is 28 days from the date
on which the Tribunal gave its decision.
114 Prescribed period for purposes of subsection 161(3) of the Act
For the purposes of subsection 161(3) of the Act, the prescribed period (for
applying to the Federal Court of Australia for an order that the Tribunal refer to
the Court a question of law that the Tribunal has refused to refer after giving its
decision in a Tribunal proceeding) is 28 days from the date on which the
Tribunal refuses the request for a reference.
115 Suspension of orders of Tribunal pending reference of question of law to
Federal Court of Australia
(1) If, after the Tribunal has given its decision in a Tribunal proceeding, the Tribunal
refers to the Federal Court of Australia a question of law that arose in the
Tribunal proceeding, the Tribunal may suspend the operation of any order it
made in the Tribunal proceeding.
(2) The Registrar must:
(a) give every party to the Tribunal proceeding written notice of the
suspension; and
(b) if details of the order have been published under a direction given under
subsection 62(4)—publish details of the suspension in a manner specified
by the President.
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Section 116
116 Modified operation of Part VI of the Act in relation to suspended Tribunal
orders
While an order of the Tribunal is suspended:
(a) paragraph 154(6)(a), and subsections 155(8) and (10), of the Act operate as
if the order had not been made; and
(b) paragraph 154(6)(b) of the Act operates as if the order had not been
suspended; and
(c) section 159 of the Act does not operate in relation to the order.
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Division 5 Miscellaneous
Section 117
Division 5—Miscellaneous
117 Parties to Tribunal proceeding are also parties to ancillary application
connected with Tribunal proceeding
If, under a provision of the Act or this instrument, a person is a party to a
Tribunal proceeding, the person is, for the purposes of this instrument, also a
party to any ancillary application that is made under this instrument and is
connected with the Tribunal proceeding.
118 Extension of time
(1) The Tribunal or the President may extend the time prescribed or allowed by or
under this Part for doing any act by such period or periods as the Tribunal or the
President thinks fit.
Note: Some examples of time prescribed for doing an act are time for filing a document with
the Registrar and time for giving a person a document.
(2) The extension may be subject to such conditions as the Tribunal or the President
thinks fit.
(3) The extension may be given before or after the end of the time concerned.
119 Fees for copies
(1) This section applies if, at the request of a person, the Registrar, or a member of
the staff assisting the Tribunal, makes a copy of all or part of a document that:
(a) is filed or lodged with the Tribunal in connection with an application or
reference to the Tribunal; or
(b) sets out the reasons for an order made by the Tribunal.
(2) A fee is payable by the person, consisting of:
(a) $0.80 for the first page of the document copied; and
(b) $0.20 for each extra page of the document copied.
(3) Subsection (2) does not apply if the person made the request in the performance
of his or her duties as a member of the Tribunal, the Registrar or a member of the
staff assisting the Tribunal.
120 Payment of witnesses’ fees and expenses
(1) This section applies if a person (the witness) attends, in accordance with a
summons, or at the request of a party to a Tribunal proceeding or of the Tribunal,
for either or both of the following purposes:
(a) to give evidence in a Tribunal proceeding;
(b) to produce documents or articles in a Tribunal proceeding.
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(2) The person on whose behalf the witness is summoned or at whose request the
witness attends must pay the witness fees and expenses.
(3) However, if the witness is summoned or attends at the request of the Tribunal,
the Commonwealth must pay the witness fees and expenses.
121 Summons
Form of summons to witness
(1) A summons to a witness under subsection 167(2) of the Act must be in the form
in Part 1 of Schedule 3.
Form of summons to produce documents or articles
(2) A summons to produce specified documents or articles under subsection 167(3)
of the Act must be in the form in Part 2 of Schedule 3.
Service of summons
(3) A summons under subsection 167(2) or (3) of the Act must be served on a person
by delivering a copy of the summons to the person personally.
122 Power to exempt from procedural requirements
(1) Subject to the Act, the Tribunal may, in special circumstances, exempt a person
from compliance with any procedural requirements of this Part relating to a
Tribunal proceeding.
(2) The exemption may be subject to conditions.
123 Effect of non-compliance with this Part
(1) Subject to the Act, non-compliance with this Part does not make void a Tribunal
proceeding or an order of the Tribunal.
(2) However, the Tribunal may do any of the following to the Tribunal proceeding
or order in such manner and upon such terms as the Tribunal thinks fit:
(a) set it aside wholly or in part as irregular;
(b) amend it;
(c) otherwise deal with it.
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Part 12 The Crown
Section 124
Part 12—The Crown
124 Information on use of copyright material for services of the Crown—
subsection 183(4) of the Act
(1) For the purposes of subsection 183(4) of the Act, the owner of a copyright must
be informed of the doing of any act comprised in the copyright by a notice given
in accordance with this section.
Giving the notice
(2) The notice is to be given to the owner or owner’s agent.
(3) The notice is to be given in Australia if the person giving the notice knows a way
of contacting the owner or owner’s agent in Australia.
(4) However, the notice is to be given by publishing the notice in the Gazette if the
person giving the notice for the Commonwealth or the State does not know a
way of contacting either the owner or the owner’s agent.
Content of the notice
(5) The notice must:
(a) be given in the name of the Commonwealth or the State, as appropriate;
and
(b) set out:
(i) the International Standard Book Number (if any) in respect of the
work or other subject-matter concerned if that number can be
ascertained from that work or other subject-matter; and
(ii) if such a number cannot be so ascertained, or if such a number does
not enable the work or other subject-matter concerned to be
identified—the title (if any) of that work or other subject-matter and,
if that title does not enable the work or subject-matter to be identified,
a description of the work or subject-matter that enables it to be
identified; and
(c) specify the act to which the notice relates; and
(d) state whether the act has been done by the Commonwealth or the State or
by a person authorised by the Commonwealth or the State; and
(e) if the act has been done by a person authorised by the Commonwealth or
the State—state the name of that person; and
(f) state that the purpose of the notice is to inform the owner under
subsection 183(4) of the Act of the doing of the act.
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2
3
4
5
6
7
8
9
10
11
12
13
14
20
21
Extension or restriction on operation of Act Part 13
Section 125
Part 13—Extension or restriction on operation of Act
125 International organizations to which the Act applies—subsection 186(1) of
the Act
For the purposes of subsection 186(1) of the Act, the organizations specified in
the following table are declared to be international organizations to which the
Act applies.
International organizations to which the Act applies
Item Organization
Food and Agriculture Organization of the United Nations
International Bank for Reconstruction and Development
International Centre for Settlement of Investment Disputes
International Civil Aviation Organization
International Development Association
International Finance Corporation
International Fund for Agricultural Development
International Labour Organization
International Maritime Organization
International Monetary Fund
International Telecommunication Union
Multilateral Investment Guarantee Agency
Organization of American States
United Nations
15 United Nations Educational, Scientific and Cultural Organization
16 United Nations Industrial Development Organization
17 Universal Postal Union
18 World Health Organization
19 World Intellectual Property Organization
World Meteorological Organization
World Tourism Organization
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Part 14 Moral rights
Section 126
Part 14—Moral rights
126 Other information and particulars for notices under section 195AT of the
Act
Notice relating to artistic work affixed to or forming part of building
(1) For the purposes of paragraph 195AT(2A)(c) of the Act, the following
information and particulars are prescribed for inclusion in a notice to an author,
or a person (the author’s representative) representing the author, relating to an
artistic work affixed to or forming part of a building:
(a) the date of the notice;
(b) the name (if any) and address of the building;
(c) a brief description of the work and its location in or on the building;
(d) the name and address of the owner of the building;
(e) the owner’s contact details during business hours, including work
telephone number and email address (if available);
(f) the name of the person who can provide the author or author’s
representative with access to the work and that person’s contact details;
(g) the business hours during which the author or author’s representative may
reasonably have access to the work;
(h) in relation to a change in the building (other than by relocation, demolition
or destruction), a brief description of the change and the extent (if any) to
which the work is likely to be affected;
(i) in relation to the relocation of the building, a brief description of the place
and form of the relocation, and the extent to which the work is likely to be
affected.
Notice relating to building or plans or instructions for construction
(2) For the purposes of paragraph 195AT(3A)(c) of the Act, the following
information and particulars are prescribed for inclusion in a notice to an author,
or a person (the author’s representative) representing the author, relating to a
building or any plans or instructions used in the construction of the building or a
part of the building:
(a) the date of the notice;
(b) the name (if any) and address of the building;
(c) the name and address of the owner of the building;
(d) the owner’s contact details during business hours, including work
telephone number and email address (if available);
(e) the name of the person who can provide the author or author’s
representative with access to the building and that person’s contact details;
(f) the business hours during which the author or author’s representative may
reasonably have access to the building;
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Section 126
(g) in relation to a change in the building (other than by relocation, demolition
or destruction), a brief description of the change and the extent (if any) to
which the building is likely to be affected;
(h) in relation to the relocation of the building, a brief description of the place
and form of the relocation and the extent to which the building is likely to
be affected.
Notice relating to moveable artistic work
(3) For the purposes of paragraph 195AT(4B)(c) of the Act, the following
information and particulars are prescribed for inclusion in a notice to an author,
or a person (the author’s representative) representing the author, relating to the
removal or relocation of a moveable artistic work situated at a place that is
accessible to the public:
(a) the date of the notice;
(b) a brief description of the moveable artistic work;
(c) the address of the place, or description of the location, at which the
moveable artistic work may be accessed;
(d) the name and address of the remover of the moveable artistic work;
(e) the remover’s contact details during business hours, including work
telephone number and email address (if available);
(f) if necessary, the name of the person who can provide the author or author’s
representative with access to the moveable artistic work, and that person’s
contact details;
(g) if necessary, the business hours during which the author or author’s
representative may reasonably have access to the moveable artistic work;
(h) if the moveable artistic work is to be permanently removed or relocated,
the address or description of the new location or storage location (if not
open to the public) of the moveable artistic work;
(i) if the removal or relocation of the moveable artistic work will result in a
change of ownership in the work, the name and address of the new owner.
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Part 15 Miscellaneous
Section 127
Part 15—Miscellaneous
127 Period for keeping declarations relating to copying in library or archives—
subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act
For the purposes of subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the
Act, the period for keeping the declaration is 4 years after the making of the
reproduction to which the declaration relates.
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Transitional matters Part 16
Section 128
Part 16—Transitional matters
128 Directions about information relating to objection to import of copyright
material
A direction in force under subregulation 21(1) of the Copyright
Regulations 1969 (relating to import into Australia of copyright material)
immediately before the commencement of Part 9 of this instrument has effect on
and after that commencement as if it had been given under subsection 52(1) of
this instrument.
129 Objection to import of copyright material into Norfolk Island
A notice in force under subregulation 23(2) of the Copyright Regulations 1969
(relating to import into Norfolk Island of copyright material) immediately before
the commencement of Part 9 of this instrument has effect on and after that
commencement, for the purposes of section 53 of this instrument relating to
Norfolk Island, as if the notice:
(a) had been given under subsection 135(2) of the Act when it was given under
subregulation 23(2) of the Copyright Regulations 1969; and
(b) were subject to subsections 135(6) and (6A) of the Act (about revocation
and declaration of ineffectiveness of the notice).
Note: The notice does not have effect for the purposes of section 53 of this instrument
relating to other Territories or for the purposes of section 135 of the Act applying apart
from section 53 of this instrument to imports into parts of Australia other than the
external Territories.
130 Limitation on remedies available against carriage service providers
(1) A thing done under a provision of Part 3A (Limitation on remedies available
against carriage service providers) of the Copyright Regulations 1969 before the
commencement of Part 6 of this instrument has effect on and after that
commencement as if it had been done under the corresponding provision of
Part 6 of this instrument.
(2) To avoid doubt, subsection (1) has effect even if the thing was done using a form
prescribed in a provision of Schedule 10 to the Copyright Regulations 1969. In
that case, it has effect under subsection (1) as if it had been done using a form
prescribed in a corresponding provision of Schedule 2 to this instrument.
(3) For the purposes of this section, the following table shows which provisions of
Part 6 of, and Schedule 2 to, this instrument correspond to provisions of Part 3A
(Limitation on remedies available against carriage service providers) of, and
Schedule 10 to, the Copyright Regulations 1969.
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Part 16 Transitional matters
Section 131
Corresponding provisions
Provision of the Copyright Regulations 1969 Corresponding provision of the Copyright
Regulations 2017
Regulation 20C Section 19
Regulation 20E Section 21
Regulation 20F Section 22
Regulation 20G Section 23
Regulation 20I Section 24
Regulation 20J Section 25
Regulation 20K Section 26
Regulation 20L Section 27
Regulation 20M Section 28
10 Regulation 20P Section 30
11 Regulation 20Q Section 31
12 Regulation 20R Section 32
13 Regulation 20T Section 34
14 Regulation 20U Section 35
15 Part 1 of Schedule 10 Part 1 of Schedule 2
16 Part 2 of Schedule 10 Part 2 of Schedule 2
17 Part 3 of Schedule 10 Part 3 of Schedule 2
18 Part 4 of Schedule 10 Part 4 of Schedule 2
19 Part 5 of Schedule 10 Part 5 of Schedule 2
20 Part 6 of Schedule 10 Part 6 of Schedule 2
131 Things done under the Copyright Tribunal (Procedure) Regulations 1969
(1) If:
(a) a thing was done for a particular purpose under the Copyright Tribunal
(Procedure) Regulations 1969 as in force immediately before those
Regulations were repealed; and
(b) the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done
under this instrument.
(2) Without limiting subsection (1), a reference in that subsection to a thing being
done includes a reference to a notice, application, reference or other instrument
being given or made.
(3) An approval of a design of a seal of the Tribunal that was in force for the
purposes of the Copyright Tribunal (Procedure) Regulations 1969 immediately
before they were repealed continues in force as if it were a determination of the
design of the seal under subsection 58(2) of this instrument.
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Section 132
132 Amendments made by the Copyright Amendment (Service Providers)
Regulations 2018
(1) A designation under subsection 19(1) that is in effect immediately before the
commencement of the Copyright Amendment (Service Providers)
Regulations 2018 (the amending regulations) continues to have effect on and
after that commencement as if it were a designation under subsection 19(1), as
amended by the amending regulations.
(2) Sections 24 to 26, 30, 31 and 34, as amended by the amending regulations, apply
in relation to the following:
(a) a notice given under sections 24, 30 and 34, as so amended, on or after the
commencement of the amending regulations;
(b) a notice given under sections 25, 26 and 31, as so amended, on or after that
commencement that relates to a notice referred to in paragraph (a) of this
subsection.
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Schedule 1 Form of notice near machine for copying works, published editions or audio-visual items
Part 1 Text of notice near machine for copying works or published editions
Schedule 1—Form of notice near machine for copying
works, published editions or audio-visual
items Note: See sections 5 and 13.
Part 1—Text of notice near machine for copying works or
published editions
Commonwealth of Australia
Copyright Act 1968
Notice about the reproduction of works and the copying of published editions
Warning
Copyright owners are entitled to take legal action against persons who infringe their
copyright. A reproduction of material that is protected by copyright may be a copyright
infringement. Certain dealings with copyright will not constitute an infringement, including:
(a) a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including
a fair dealing for the purposes of research or study; or
(b) a reproduction that is authorised by the copyright owner.
It is a fair dealing to make a reproduction for research or study, of one or more articles in a
periodical publication for the same research or same course of study or, for any other work, of
a reasonable portion of a work.
For a published work in hardcopy form that is not less than 10 pages and is not an artistic
work, 10% of the number of pages, or one chapter, is a reasonable portion.
For a published work in electronic form only, a reasonable portion is not more than, in the
aggregate, 10% of the number of words in the work.
More extensive reproduction may constitute fair dealing. To determine whether it does, it is
necessary to have regard to the criteria set out in subsection 40(2) of the Act.
A court may impose penalties and award damages in relation to offences and infringements
relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and
infringements involving the conversion of material into digital or electronic form.
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Form of notice near machine for copying works, published editions or audio-visual items Schedule 1
Text of notice near machine for copying works, published editions or audio-visual items Part 2
Part 2—Text of notice near machine for copying works,
published editions or audio-visual items
Commonwealth of Australia
Copyright Act 1968
Notice about the reproduction of works and the copying of published editions and
audio-visual items
Warning
Copyright owners are entitled to take legal action against persons who infringe their
copyright. A court may impose penalties and award damages in relation to offences and
infringements relating to copyright material. Higher penalties may apply, and higher damages
may be awarded, for offences and infringements involving the conversion of material into
digital or electronic form.
Reproduction of works and copying of published editions
A reproduction of material that is protected by copyright may be a copyright infringement.
Certain dealings with copyright will not constitute an infringement, including:
(a) a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including
a fair dealing for the purposes of research or study; or
(b) a reproduction that is authorised by the copyright owner.
It is a fair dealing to make a reproduction for research or study, of one or more articles in a
periodical publication for the same research or same course of study or, for any other work, of
a reasonable portion of a work.
For a published work in hardcopy form that is not less than 10 pages and is not an artistic
work, 10% of the number of pages, or one chapter, is a reasonable portion.
For a published work in electronic form only, a reasonable portion is not more than, in the
aggregate, 10% of the number of words in the work.
More extensive reproduction may constitute fair dealing. To determine whether it does, it is
necessary to have regard to the criteria set out in subsection 40(2) of the Act.
Copying of audio-visual items
Unless otherwise permitted by the Act, unauthorised use of audio-visual items in which
copyright subsists may infringe copyright in that item.
It is not an infringement of copyright in an audio-visual item to use that item in a manner that
is a fair dealing under section 103C of the Act.
Section 103C of the Act relates to fair dealing for the purpose of research or study and sets
out the matters that must be considered in determining whether a reproduction of an
audio-visual item is a fair dealing.
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Schedule 1 Form of notice near machine for copying works, published editions or audio-visual items
Part 3 Text of notice near machine for copying audio-visual items
Part 3—Text of notice near machine for copying
audio-visual items
Commonwealth of Australia
Copyright Act 1968
Notice about the copying of audio-visual items
Warning
Copyright owners are entitled to take legal action against persons who infringe their
copyright. Unless otherwise permitted by the Copyright Act 1968 (the Act), unauthorised use
of audio-visual items in which copyright subsists may infringe copyright in that item.
It is not an infringement of copyright in an audio-visual item to use that item in a manner that
is a fair dealing under section 103C of the Act.
Section 103C of the Act relates to fair dealing for the purpose of research or study and sets
out the matters that must be considered in determining whether a reproduction of an
audio-visual item is a fair dealing.
A court may impose penalties and award damages in relation to offences and infringements
relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and
infringements involving the conversion of material into digital or electronic form.
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Forms for Part 6 Schedule 2
Form of notification relating to cached copyright material Part 1
Schedule 2—Forms for Part 6 Note: See sections 21, 22, 24, 26, 31 and 34.
Part 1—Form of notification relating to cached copyright
material
Commonwealth of Australia
Copyright Regulations 2017
Notification that cached copyright material has been removed or access has been
disabled at the originating site
To [name of service provider]
1. I give this notification for the purposes of condition 3 of item 3 of the table in
subsection 116AH(1) of the Copyright Act 1968 and section 21 of the Copyright
Regulations 2017.
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive
licensee of the copyright in the following cached copyright material, and I believe in
good faith that it has been removed from, or access to it has been disabled at, the
originating site:
[insert sufficient information to enable the service provider to identify:
(a) the cached copyright material; and
(b) the originating site from which the cached copyright material has been
removed or at which access has been disabled; and
(c) the cached copyright material on the service provider’s system or network
that is to be removed, or to which access is to be disabled]
3. I have taken reasonable steps to ensure that the information and statements in this
notification are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
* Omit if inapplicable
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Schedule 2 Forms for Part 6
Part 1 Form of notification relating to cached copyright material
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notification—see section 39 of the Copyright Regulations 2017.
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Forms for Part 6 Schedule 2
Form of notice relating to copyright material found to be infringing by Australian court Part 2
Part 2—Form of notice relating to copyright material found
to be infringing by Australian court
Commonwealth of Australia
Copyright Regulations 2017
Notice relating to copyright material that has been found to be infringing by an
Australian court
To [name of service provider]
1. I give this notice for the purposes of condition 2 of *item 4/*item 5 of the table in
subsection 116AH(1) of the Copyright Act 1968 and section 22 of the Copyright
Regulations 2017.
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive
licensee of the copyright in the following copyright material *that resides on your
system or network/*to which you have provided a reference on your system or
network, and I believe, in good faith, that the copyright material has been found to be
infringing by an Australian court:
[insert sufficient information to enable the service provider:
(a) to identify the copyright material that has been found to be infringing by an
Australian court; and
(b) to locate on the service provider’s system or network the copyright
material or the reference provided by the service provider on its system or
network to the copyright material]
3. I have taken reasonable steps to ensure that the information and statements in this
notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
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Schedule 2 Forms for Part 6
Part 2 Form of notice relating to copyright material found to be infringing by Australian court
Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notice—see section 39 of the Copyright Regulations 2017.
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Forms for Part 6 Schedule 2
Form of notice by owner, licensee or agent of claimed infringement by storage of copyright material
Part 3
Part 3—Form of notice by owner, licensee or agent of
claimed infringement by storage of copyright
material
Commonwealth of Australia
Copyright Regulations 2017
Notice by copyright owner, licensee or agent of claimed infringement of copyright in
copyright material
To [name of service provider]
1. I give this notice for the purposes of condition 3 of item 4 of the table in
subsection 116AH(1) of the Copyright Act 1968 and section 24 of the Copyright
Regulations 2017.
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive
licensee of the copyright in the following copyright material residing on your system
or network, and I believe, in good faith, that the storage of the material on your
system or network is not authorised by the owner or any exclusive licensee of the
copyright in that material, or by the Copyright Act 1968, and is therefore an
infringement of the copyright in the material:
[insert sufficient information to enable the service provider:
(a) to identify the copyright material in respect of which the infringement is
claimed; and
(b) to locate on the service provider’s system or network the copyright
material]
3. I have taken reasonable steps to ensure that the information and statements in this
notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
* Omit if inapplicable
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Schedule 2 Forms for Part 6
Part 3 Form of notice by owner, licensee or agent of claimed infringement by storage of copyright
material
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notice—see section 39 of the Copyright Regulations 2017.
Note 3: As soon as practicable after removing, or disabling access to, copyright material identified in this notice, the service provider to which this notice is given must send a copy of this notice to the user who directed the service provider to store the material on the service provider’s system or network, along with a notice stating that the material has been removed, or access to it has been disabled, and that the user may give a counter-notice within 3 months—see section 25 of the Copyright Regulations 2017.
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Forms for Part 6 Schedule 2
Form of counter-notice in response to notice by copyright owner, licensee or agent of claimed
infringement Part 4
Part 4—Form of counter-notice in response to notice by
copyright owner, licensee or agent of claimed
infringement
Commonwealth of Australia
Copyright Regulations 2017
Counter-notice in response to notice by copyright owner, licensee or agent of claimed
infringement of copyright
To [name of service provider]
1. Having received a copy of a notice of claimed infringement from you under
section 25 of the Copyright Regulations 2017 in relation to the following copyright
material, I give this counter-notice for the purposes of condition 3 of item 4 of the
table in subsection 116AH(1) of the Copyright Act 1968 and section 26 of the
Copyright Regulations 2017:
[insert sufficient information to enable the service provider to identify:
(a) the copyright material in respect of which the infringement is claimed; and
(b) where on the service provider’s system or network the copyright material
was stored]
2. I am the user who directed you to store the copyright material on your system or
network.
3. I believe, in good faith on the grounds set out in paragraph 4, that the notice of
claimed infringement was given because of *a mistake as to fact or law in relation to
the copyright material/*a mistake in identifying the copyright material.
4. The grounds for my belief in the statement in paragraph 3 are as follows:
[state the grounds]
Omit the following paragraph if the user does NOT live in, or carry on a business in,
Australia.
*5. I agree to comply with the orders of a court having jurisdiction in the place in
Australia where I live or undertake my business.
Omit the following paragraph if the user lives in, or carries on a business in,
Australia.
*5. I agree to comply with the orders of a court having jurisdiction in a place in Australia
where you are located and where an action for infringement of the copyright in the
copyright material could be brought.
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Schedule 2 Forms for Part 6
Part 4 Form of counter-notice in response to notice by copyright owner, licensee or agent of claimed
infringement
6. I will accept service of process in any action for infringement of the copyright in the
copyright material.
7. I have taken reasonable steps to ensure that the information and statements in this
counter-notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
User
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: This counter-notice must be given to the designated representative of the service provider who is specified in the notice to which this counter-notice relates within 3 months after the user receives that notice—see section 26 of the Copyright Regulations 2017.
Note 3: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter-notice—see section 39 of the Copyright Regulations 2017.
Note 4: As soon as practicable after the service provider receives this counter-notice, the service provider must send a copy of it to the copyright owner, licensee or agent (who gave the notice of claimed infringement to which this counter-notice responds), together with a notice stating that if the owner, licensee or agent does not, within 10 business days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the service provider will restore, or enable access to, the copyright material on its system or network—see section 27 of the Copyright Regulations 2017.
Note 5: Information that could identify a user who is an individual may be disclosed by the service provider in the copy of this counter-notice or the notice referred to in Note 4 sent to the copyright owner, licensee or agent if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988. If the service provider is required by a court to disclose identifying information about a user who is an individual, the information must be disclosed.
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Forms for Part 6 Schedule 2
Form of counter-notice in response to takedown of copyright material without notice from copyright
owner, licensee or agent Part 5
Part 5—Form of counter-notice in response to takedown of
copyright material without notice from copyright
owner, licensee or agent
Commonwealth of Australia
Copyright Regulations 2017
Counter-notice in response to takedown of copyright material without notice from
copyright owner, licensee or agent
To [name of service provider]
1. Having received a notice from you under section 30 of the Copyright
Regulations 2017 in relation to the following copyright material, I give this
counter-notice for the purposes of condition 3 of item 4 of the table in
subsection 116AH(1) of the Copyright Act 1968 and section 31 of the Copyright
Regulations 2017:
[insert sufficient information to enable the service provider to identify:
(a) the copyright material that has been removed, or to which access has been
disabled; and
(b) where on the service provider’s system or network the copyright material
was stored]
2. I am the user who directed you to store the copyright material on your system or
network.
3. I believe, in good faith on the grounds set out in paragraph 4, that you have removed,
or disabled access to, the copyright material because of *a mistake as to fact or law in
relation to the copyright material/*a mistake in identifying the copyright material.
4. The grounds for my belief in the statement in paragraph 3 are as follows:
[state the grounds]
5. I have taken reasonable steps to ensure that the information and statements in this
counter-notice are accurate.
Name:
Address:
Telephone number:
Email address:
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Schedule 2 Forms for Part 6
Part 5 Form of counter-notice in response to takedown of copyright material without notice from
copyright owner, licensee or agent
[signature]
User
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: This counter-notice must be given to the designated representative of the service provider who is specified in the notice to which this counter-notice relates within 3 months after the user receives that notice—see section 31 of the Copyright Regulations 2017.
Note 3: An action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter-notice—see section 39 of the Copyright Regulations 2017.
Note 4: If the service provider is satisfied, on the basis of the information and statements in this counter-notice, that the copyright material is not, or is not likely to be, infringing, the service provider must restore, or enable access to, the copyright material on its system or network—see section 32 of the Copyright Regulations 2017.
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Forms for Part 6 Schedule 2
Form of notice by owner, licensee or agent of claimed infringement by reference to infringing
copyright material Part 6
Part 6—Form of notice by owner, licensee or agent of
claimed infringement by reference to infringing
copyright material
Commonwealth of Australia
Copyright Regulations 2017
Notice by owner, licensee or agent of claimed infringement by reference to infringing
copyright material
To [name of service provider]
1. I give this notice for the purposes of condition 3 of item 5 of the table in
subsection 116AH(1) of the Copyright Act 1968 and section 34 of the Copyright
Regulations 2017.
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive
licensee of the copyright in the following copyright material to which you have
provided a reference on your system or network:
[insert sufficient information to enable the service provider:
(a) to identify the copyright material in respect of which the infringement is
claimed; and
(b) to locate on the service provider’s system or network the reference
provided by the service provider to the copyright material]
3. I believe, in good faith, that the copyright material is infringing under the Copyright
Act 1968.
4. I have taken reasonable steps to ensure that the information and statements in this
notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
* Omit if inapplicable
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Schedule 2 Forms for Part 6
Part 6 Form of notice by owner, licensee or agent of claimed infringement by reference to infringing
copyright material
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notice—see section 39 of the Copyright Regulations 2017.
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1
Forms of summons Schedule 3
Summons to witness Part 1
Schedule 3—Forms of summons Note: See section 121.
Part 1—Summons to witness
Commonwealth of Australia
Copyright Act 1968
In the Copyright Tribunal of Australia
[Title of Tribunal proceeding]
To: [name and address of witness]
You are summoned to attend before the Copyright Tribunal of Australia at [place] on
[day, month and year], at [time] *am/*pm and on any other days as required until the
hearing of proceedings in relation to the *application/*reference/*inquiry is completed
or you are released from further attendance.
2. You are required to attend before the Tribunal to give evidence in the proceedings.
Omit the following paragraph if the witness is not required to produce any documents
or articles. *3. You are required to bring with you and produce the following
*documents/*articles/*documents and articles: [set out the documents and articles
required]
Date:
*President/*Deputy President/*Member/*Registrar of the Copyright Tribunal of Australia
* omit, if inapplicable
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Schedule 3 Forms of summons
Part 2 Summons to produce documents or articles
Part 2—Summons to produce documents or articles
Commonwealth of Australia
Copyright Act 1968
In the Copyright Tribunal of Australia
[Title of Tribunal proceeding]
To: [name and address of witness]
1. You are summoned to produce to the Copyright Tribunal of Australia the following *documents/*articles/*documents and articles: [set out the documents and articles
required]
2. You are required to produce the *documents/*articles/*documents and articles to
[specified person] at [specified time and specified place]
* omit, if inapplicable
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or
will amend) the compiled law. The information includes commencement details for amending
laws and details of any application, saving or transitional provisions that are not included in
this compilation.
The amendment history in endnote 4 provides information about amendments at the provision
(generally section or equivalent) level. It also includes information about any provision of the
compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and
presentational changes to a compiled law in preparing a compilation of the law for
registration. The changes must not change the effect of the law. Editorial changes take effect
from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the
changes in general terms. Full details of any changes can be obtained from the Office of
Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the
amendment to be made. If, despite the misdescription, the amendment can be given effect as
intended, the amendment is incorporated into the compiled law and the abbreviation “(md)”
added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not
incorp)” is added to the details of the amendment included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Name Registration Commencement Application, saving and
transitional provisions
Copyright Regulations 2017 18 Dec 2017 (F2017L01649) s 1–3: 19 Dec 2017 (s 2(1)
item 1)
s 4–39, 41–131 and Sch 1–3:
22 Dec 2017 (s 2(1) items 2,
3, 5, 6)
s 40: 1 Apr 2018 (s 2(1)
item 4)
Copyright Amendment 10 Dec 2018 (F2018L01718) 29 Dec 2018 (s 2(1) item 1) —
(Service Providers)
Regulations 2018
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Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Part 1
s 2 .................................................. rep LA s 48D
s 4 .................................................. am F2018L01718
Part 6
Part 6 heading................................ am F2018L01718
Division 1
s 18 ................................................ rs F2018L01718
s 18A ............................................. ad F2018L01718
s 19 ................................................ rs F2018L01718
s 20 ................................................ am F2018L01718
Division 4
s 23 ................................................ am F2018L01718
s 24 ................................................ am F2018L01718
s 25 ................................................ am F2018L01718
s 26 ................................................ am F2018L01718
s 27 ................................................ am F2018L01718
s 28 ................................................ am F2018L01718
Division 5
s 29 ................................................ am F2018L01718
s 30 ................................................ am F2018L01718
s 31 ................................................ am F2018L01718
s 32 ................................................ am F2018L01718
Division 6
s 33 ................................................ am F2018L01718
s 34 ................................................ am F2018L01718
s 35 ................................................ am F2018L01718
Division 7
s 37 ................................................ am F2018L01718
s 38 ................................................ am F2018L01718
Part 16
s 132 .............................................. ad F2018L01718
Schedule 2
Part 1
Part 1 ............................................. am F2018L01718
Part 2
Part 2 ............................................. am F2018L01718
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Endnotes
Endnote 4—Amendment history
Provision affected How affected
Part 3
Part 3 ............................................. am F2018L01718
Part 4
Part 4 ............................................. am F2018L01718
Part 5
Part 5 ............................................. am F2018L01718
Part 6
Part 6 ............................................. am F2018L01718
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