Application by Fueltrac Pty Ltd

COPYRIGHT TRIBUNAL OF AUSTRALIA

Application by Fueltrac Pty Ltd [2018] ACopyT 2

File number:	CT 3 of 2018
The Tribunal:	GREENWOOD J (PRESIDENT)
Date of decision:	30 October 2018
Legislation:	Copyright Act 1968 (Cth), ss 153E, 161, 183
Cases cited:	Thomas v Brown (1997) 37 IPR 207
Date of hearing:	26 October 2018
Date of last submissions:	26 October 2018
Category:	No Catchwords
Number of paragraphs:	22
Counsel for the Applicants:	Mr D G Eliades
Solicitor for the Applicants:	Broadley Rees Hogan
Counsel for the Respondent:	Ms K Downes QC and Mr B W Wacker
Solicitor for the Respondent:	Crown Solicitor

COMMONWEALTH OF AUSTRALIA
Copyright Act 1968

IN THE COPYRIGHT TRIBUNAL

CT 3 of 2018

APPLICATION BY:

FUELTRAC PTY LTD (ACN 089 259 834)

BETWEEN:

FUELTRAC PTY LTD (ACN 089 259 834)

Applicant

AND:

STATE OF QUEENSLAND

Respondent

TRIBUNAL:	GREENWOOD J (PRESIDENT)
DATE OF ORDER:	30 OCTOBER 2018

THE TRIBUNAL DIRECTS THAT:

1.The present proceedings be stayed pending the determination of all questions in issue the subject of proceedings to be commenced in the Federal Court of Australia by the present applicant. 

2.These directions and the reasons in support of these directions are published from the Chambers of the President. 

REASONS FOR DETERMINATION

GREENWOOD J (PRESIDENT):

1. Section 183(1) of the Copyright Act 1968 (Cth) (the “Act”) provides, relevantly, that the copyright in a literary, dramatic, musical or artistic work or a published edition of such a work, is not infringed by a State, or by a person authorised in writing by a State, doing any acts comprised in the copyright if the acts are done for the services of the State. Authority may be given under s 183(1) before or after the acts in respect of which the authority is given have been done, and may be given to a person notwithstanding that he or she has a licence granted by, or binding on, the owner of the copyright to do the acts: s 183(3).

2. Section 183(4) provides that where an act comprised in a copyright has been done under s 183(1), the State shall, as soon as possible, unless it appears to the State that it would be contrary to the public interest to do so, inform the owner of the copyright of the doing of the act and furnish that person with such information as to the doing of the act as he or she from time to time reasonably requires. 

3. Section 183(5)(1) provides that where an act comprised in a copyright has been done in reliance upon s 183(1), the terms for the doing of the act are such terms as are, whether before or after the act is done, agreed between the State and the owner of the copyright or, in default of agreement, as are fixed by the Copyright Tribunal (the “Tribunal”). 

4. Section 153E of the Act provides, relevantly, that the parties to an application to the Tribunal under s 183(5) for the fixing of the terms for the doing of an act comprised in…