Copyright Regulations 2017 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
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 Register ( 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 Register for the compiled law.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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 Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This instrument is the
Copyright Regulations 2017 .
This instrument is made under the
Copyright Act 1968 .
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 theCopyright Act 1968 .
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 isAustralian‑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).
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.
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.
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.
(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
(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.
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 ( 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 ( 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 ( 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 ( level="5">
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
(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.
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.
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.
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.
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.
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
(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.
1 | 113V | Eligible rights holder |
2 | 135ZZT | Relevant copyright owner (as defined in Part VC of the Act) |
3 | 135ZZZO | Relevant copyright owner (as defined in Part VD of the Act) |
4 | 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.
1 | 113V | Equitable remuneration payable under remuneration notices given to the society under section 113Q of the Act |
2 | 135ZZT | Equitable remuneration payable by retransmitters under section 135ZZM of the Act |
3 | 135ZZZO | Equitable remuneration payable by satellite BSA licensees under section 135ZZZK of the Act |
4 | 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.
(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.
(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.
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.
(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.
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.
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.
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.
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.
(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.
(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:
(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.
(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.
(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 thePrivacy Act 1988 .
(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:
(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.
(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.
(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
(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.
(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.
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.
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.
(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.
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.
This Division has effect for the purposes of section 116AJ of the Act.
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.
(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.
(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.
(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.
(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
(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.
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.
Each provision of the Act listed in the following table is
subject to an infringement notice under this Part:
1 | Subsection 132AD(5) | Making infringing copy commercially |
2 | Subsection 132AE(5) | Selling or hiring out infringing copy |
3 | Subsection 132AF(7) | Offering infringing copy for sale or hire by way of trade |
4 | Subsection 132AF(8) | Commercially offering infringing copy for sale or hire |
5 | Subsection 132AG(7) | Exhibiting an infringing copy in public by way of trade |
6 | Subsection 132AG(8) | Commercially exhibiting an infringing copy in public |
7 | Subsection 132AH(5) | Importing infringing copy commercially |
8 | Subsection 132AI(7) | Distributing infringing copy |
9 | Subsection 132AJ(5) | Possessing infringing copy for commerce |
10 | Subsection 132AL(8) | Making device for making infringing copy |
11 | Subsection 132AO(5) | Causing recording or film to be heard or seen in public |
12 | Subsection 132AQ(5) | Removing or altering electronic rights management information |
13 | Subsection 132AR(5) | Distributing, importing or communicating copies after removal or alteration of electronic rights management information |
14 | Subsection 132AS(5) | Distributing or importing electronic rights management information |
15 | Subsection 248PB(5) | Unauthorised indirect recording during protection period |
16 | Subsection 248PF(5) | Copying unauthorised recording |
17 | Subsection 248PG(5) | Unauthorised copying of exempt recording |
18 | Subsection 248PH(5) | Unauthorised copying of authorised sound recording |
19 | Subsection 248PI(5) | Selling etc. unauthorised recording |
20 | Subsection 248PJ(7) | Distributing unauthorised recording |
21 | Subsection 248PK(5) | Commercial possession or import of unauthorised recording |
22 | Subsection 248PL(5) | Exhibiting unauthorised recording in public by way of trade |
23 | Subsection 248PM(5) | Importing unauthorised recording for exhibition by way of trade |
24 | Subsection 248QC(5) | Copying unauthorised sound recording |
25 | Subsection 248QD(5) | Selling etc. unauthorised sound recording |
26 | Subsection 248QE(7) | Distributing unauthorised sound recording |
27 | Subsection 248QF(5) | Commercial possession or import of unauthorised sound recording |
28 | Subsection 248QG(5) | Exhibiting unauthorised sound recording in public by way of trade |
29 | Subsection 248QH(5) | Importing unauthorised sound recording for exhibition by way of trade |
(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.
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
(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.
(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).
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.
(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.
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.
(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).
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).
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).
(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.
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:
(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 theCustoms 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 theCustoms 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 theCustoms 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.
For the purposes of subsection 135AEA(3) of the Act, the following information is prescribed:
(a) the importer’s full name, home or business address and address for service;
(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.
For the purposes of subsection 135ZZQ(1) of the Act, an identity card must include:
(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.
This Part has effect for the purposes of section 166 of the Act, except as indicated in this Part.
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.
(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.
(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.
(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.
(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.
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 theElectronic Transactions Act 1999 ; or(b) dispensing with service of the document.
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.
(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.
(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.
(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.
(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:
1 | Subsection 47(3) of the Act | Determining equitable remuneration |
2 | Paragraph 59(3)(b) of the Act | Apportioning royalty |
3 | Subsection 70(3) of the Act | Determining equitable remuneration |
4 | Subsection 107(3) of the Act | Determining equitable remuneration |
5 | Paragraph 108(1)(a) of the Act | Determining equitable remuneration |
6 | Paragraph 113P(4)(b) of the Act | Determining question relating to copying or communicating by educational institution |
7 | Paragraph 113R(2)(b) of the Act | Determining equitable remuneration |
8 | Paragraph 113S(4)(b) of the Act | Determining question relating to entry onto premises of educational institution |
9 | 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 |
(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:
(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.
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.
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
(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.
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.
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.
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.
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:
1 | Regulation 20C | Section 19 |
2 | Regulation 20E | Section 21 |
3 | Regulation 20F | Section 22 |
4 | Regulation 20G | Section 23 |
5 | Regulation 20I | Section 24 |
6 | Regulation 20J | Section 25 |
7 | Regulation 20K | Section 26 |
8 | Regulation 20L | Section 27 |
9 | 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 |
(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.
(1) A designation under subsection 19(1) that is in effect immediately before the commencement of the
Copyright Amendment (Service Providers) Regulations 2018 (theamending 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.
Note: See sections 5 and 13.
Commonwealth of Australia
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 (theAct ), 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.
Commonwealth of Australia
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.
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 (theAct ), 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.
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.
Commonwealth of Australia
Copyright owners are entitled to take legal action against persons who infringe their copyright. Unless otherwise permitted by the
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.
Note: See sections 21, 22, 24, 26, 31 and 34.
Commonwealth of Australia
To [
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 theCopyright 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:
[
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
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 .
Commonwealth of Australia
To [
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 theCopyright 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:
[
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
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 .
Commonwealth of Australia
To [
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 theCopyright 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:
[
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
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 .
Commonwealth of Australia
To [
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 theCopyright Act 1968 and section 26 of theCopyright 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.
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:
[
User
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 thePrivacy 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.
Commonwealth of Australia
To [
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 theCopyright Act 1968 and section 31 of theCopyright 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:
[
User
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 .
Commonwealth of Australia
To [
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 theCopyright 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:
[
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
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: See section 121.
Commonwealth of Australia
In the Copyright Tribunal of Australia
[
To: [
1 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
Commonwealth of Australia
In the Copyright Tribunal of Australia
[
To: [
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 ]
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
The abbreviation key sets out abbreviations that may be used in the endnotes.
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.
The
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.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
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 = | Sch = Schedule(s) |
LIA = | 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 | |
No. = Number(s) | commenced or to be commenced |
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 (Service Providers) Regulations 2018 | 10 Dec 2018 (F2018L01718) | 29 Dec 2018 (s 2(1) item 1) | — |
Statute Law Amendment (Prescribed Forms) Regulations 2024 | 15 Mar 2024 (F2024L00294) | Sch 1 (items 11, 12): 20 Mar 2024 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 4............................................. | am F2018L01718 |
Part 6 heading............................. | am F2018L01718 |
s 18............................................ | rs F2018L01718 |
s 18A......................................... | ad F2018L01718 |
s 19............................................ | rs F2018L01718 |
s 20............................................ | am F2018L01718 |
s 23............................................ | am F2018L01718 |
s 24............................................ | am F2018L01718 |
s 25............................................ | am F2018L01718 |
s 26............................................ | am F2018L01718 |
s 27............................................ | am F2018L01718 |
s 28............................................ | am F2018L01718 |
s 29............................................ | am F2018L01718 |
s 30............................................ | am F2018L01718 |
s 31............................................ | am F2018L01718 |
s 32............................................ | am F2018L01718 |
s 33............................................ | am F2018L01718 |
s 34............................................ | am F2018L01718 |
s 35............................................ | am F2018L01718 |
s 37............................................ | am F2018L01718 |
s 38............................................ | am F2018L01718 |
s 54............................................ | am F2024L00294 |
s 55............................................ | am F2024L00294 |
s 132.......................................... | ad F2018L01718 |
Part 1......................................... | am F2018L01718 |
Part 2......................................... | am F2018L01718 |
Part 3......................................... | am F2018L01718 |
Part 4......................................... | am F2018L01718 |
Part 5......................................... | am F2018L01718 |
Part 6......................................... | am F2018L01718 |
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