Copyright Regulations 2017 (Cth)
Copyright Regulations 2017
made under the
Copyright Act 1968
Compilation No. 1
Compilation date: 29 December 2018
Includes amendments up to: F2018L01718
Registered: 10 January 2019
About this compilation
This compilation
This is a compilation of the Copyright Regulations 2017 that shows the text of the law as amended and in force on 29 December 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1............ Name............................................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
Part 2—Copyright in original works 4
5............ Notices to be displayed near library or archive machines used to make infringing copies—paragraph 39A(b) of the Act...................................................................................................................................... 4
6............ Notice requirements for communication of electronic reproduction by library or archives—subparagraph 49(7A)(c)(ii) of the Act........................................................................................................................... 4
7............ Notice of intended publication of unpublished work kept in public library—paragraphs 52(1)(b) and (2)(b) of the Act...................................................................................................................................... 4
8............ Countries in relation to which Division 6 of Part III of the Act applies—subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act..................................................................................... 5
9............ Notice of intended making of record of musical work................................................... 5
10.......... Prescribed period relating to making of records of musical works—subsection 55(3) of the Act 6
11.......... Inquiries relating to previous records of musical works—section 61 of the Act........... 7
12.......... Circumstances in which design is taken to be applied industrially—section 77 of the Act 8
Part 3—Copyright in subject‑matter other than works 9
13.......... Notices to be displayed near library or archive machines used to make infringing copies—paragraph 104B(b) of the Act...................................................................................................................................... 9
14.......... Prescribed period relating to public performance of recordings first published outside Australia—paragraph 108(1)(b) of the Act........................................................................................................................... 9
15.......... Prescribed period relating to broadcasts of recordings not published in Australia—subsection 109(3) of the Act 9
Part 4—Uses that do not infringe copyright 10
16.......... Bodies administering key cultural institutions—paragraph 113L(b) of the Act........... 10
Part 5—Collecting societies 11
17.......... Rules of a collecting society—paragraphs 113W(d), 135ZZT(3)(d), 135ZZZO(7)(d) and 153F(6)(f) of the Act 11
Part 6—Limitation on remedies available against service providers 14
Division 1—Preliminary 14
18.......... Industry codes developed by carriage service providers.............................................. 14
18A....... Industry codes developed by designated service providers......................................... 14
19.......... Designated representatives.......................................................................................... 16
20.......... Requirements for notifications and notices.................................................................. 16
Division 2—Conditions—cached copyright material 17
21.......... Notification relating to Category B activity.................................................................. 17
Division 3—Conditions—copyright material found to be infringing by an Australian court 18
22.......... Notice in relation to Category C and D activities......................................................... 18
Division 4—Conditions—takedown of copyright material following notice 19
23.......... Application of this Division........................................................................................ 19
24.......... Notice of claimed infringement.................................................................................... 19
25.......... Takedown procedure................................................................................................... 19
26.......... Counter‑notice............................................................................................................. 20
27.......... Copy of counter‑notice to be sent to copyright owner................................................. 20
28.......... Restoring copyright material........................................................................................ 20
Division 5—Conditions—procedure following takedown of copyright material without notice from copyright owner, exclusive licensee or agent 22
29.......... Application of this Division........................................................................................ 22
30.......... Notice to user.............................................................................................................. 22
31.......... Counter‑notice............................................................................................................. 23
32.......... Restoring copyright material........................................................................................ 23
Division 6—Conditions—takedown of reference to copyright material following notice from copyright owner, exclusive licensee or agent 24
33.......... Application of this Division........................................................................................ 24
34.......... Notice of claimed infringement.................................................................................... 24
35.......... Takedown procedure................................................................................................... 24
Division 7—Civil remedies 25
36.......... Authority..................................................................................................................... 25
37.......... Action taken to comply with a condition..................................................................... 25
38.......... Failure to restore or enable access to copyright material.............................................. 25
39.......... Misrepresentations in notifications and notices........................................................... 25
Part 7—Technological protection measures 27
40.......... Non‑infringing acts enabled by circumvention of access control technological protection measures that are not actionable—paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act.......................... 27
Part 8—Infringement notices and forfeiture of infringing articles and devices 29
Division 1—Preliminary 29
41.......... Object of this Part........................................................................................................ 29
42.......... Provisions subject to an infringement notice............................................................... 29
Division 2—Infringement notices 31
43.......... When an infringement notice may be given................................................................. 31
44.......... Matters to be included in an infringement notice......................................................... 31
45.......... Extension of time to pay amount................................................................................. 32
46.......... Withdrawal of an infringement notice.......................................................................... 33
47.......... Effect of payment of amount....................................................................................... 34
48.......... Effect of this Part......................................................................................................... 34
Division 3—Forfeiture of infringing articles and devices 35
49.......... Forfeiture of infringing articles and devices................................................................ 35
Part 9—Seizure of imported copies of copyright material 36
50.......... Definition of action period in section 134B of the Act................................................ 36
51.......... Definition of claim period in section 134B of the Act................................................. 36
52.......... Information to be given to Comptroller‑General of Customs about objection to importation of copies of works etc.—paragraph 135(8)(c) of the Act.................................................................................... 36
53.......... Seizure of copies of works etc. imported into certain external Territories—subsection 135(9) of the Act 36
54.......... Claim for release of seized copies—section 135AEA of the Act................................. 37
Part 10—Retransmission of free‑to‑air broadcasts 39
55.......... Identity cards—subsection 135ZZQ(1) of the Act...................................................... 39
Part 11—Copyright Tribunal 40
Division 1—Preliminary 40
56.......... Authority..................................................................................................................... 40
57.......... Organizations treated like persons............................................................................... 40
Division 2—General provisions 41
58.......... Seal of Tribunal........................................................................................................... 41
59.......... Filing of documents..................................................................................................... 41
60.......... Address for service..................................................................................................... 41
61.......... Tribunal may direct alternative means of service or dispense with service.................. 42
62.......... Notification of orders of Tribunal and of reasons........................................................ 42
Division 3—Applications and references to the Tribunal 43
Subdivision A—General provisions about applications and references to the Tribunal 43
63.......... Form, content and filing of application or reference to the Tribunal............................ 43
64.......... Giving application or reference to other parties........................................................... 43
65.......... Advertising of applications and references.................................................................. 43
66.......... Hearing of application or reference.............................................................................. 44
Subdivision B—Provisions about particular kinds of applications and references to the Tribunal 45
67.......... Matters to be included in application under subsection 47(3) of the Act..................... 45
68.......... Matters to be included in application under paragraph 59(3)(b) of the Act.................. 45
69.......... Matters to be included in application under subsection 70(3) of the Act..................... 46
70.......... Matters to be included in application under subsection 107(3) of the Act................... 46
71.......... Matters to be included in application under paragraph 108(1)(a) of the Act................ 47
72.......... Matters to be included in application under paragraph 113P(4)(b) of the Act............. 47
73.......... Application under paragraph 113R(2)(b) of the Act.................................................... 47
74.......... Matters to be included in application under paragraph 113S(4)(b) of the Act............. 49
75.......... Matters to be included in references under paragraph 113V(2)(c) of the Act.............. 49
76.......... Matters to be included in references under paragraph 113X(2)(b) of the Act.............. 49
77.......... Matters to be included in applications under subsection 113ZB(1) of the Act............. 50
78.......... Matters to be included in application under subsection 135ZZM(1) of the Act........... 50
79.......... Matters to be included in application under subsection 135ZZN(3) of the Act............ 51
80.......... Matters to be included in references under paragraph 135ZZT(1A)(c) of the Act....... 51
81.......... Matters to be included in references under paragraph 135ZZU(2)(b) of the Act......... 52
82.......... Matters to be included in application under subsection 135ZZWA(1) of the Act........ 52
83.......... Matters to be included in application under subsection 135ZZZS(1) of the Act.......... 52
84.......... Matters to be included in application under subsection 152(2) of the Act................... 53
85.......... Matters to be included in application under subsection 152(12) of the Act................. 53
86.......... Matters to be included in application under subsection 153F(1) of the Act................. 53
87.......... Matters to be included in application under subsection 153G(1) of the Act................ 54
88.......... Matters to be included in application under subsection 153K(1) of the Act................. 54
89.......... Matters to be included in reference under section 154 of the Act................................ 55
90.......... Reference of existing licence scheme under section 155 of the Act............................. 55
91.......... Reference under section 156 of the Act....................................................................... 56
92.......... Application for leave under subsection 156(2) of the Act to refer licence scheme to the Tribunal 57
93.......... Application under subsection 157(1) of the Act.......................................................... 58
94.......... Application under subsection 157(2) of the Act.......................................................... 58
95.......... Application under subsection 157(3) of the Act.......................................................... 58
96.......... Applications under subsection 157(4) of the Act........................................................ 59
97.......... Application under subsection 183(5) of the Act.......................................................... 60
98.......... Matters to be included in applications under subsection 183F(1) of the Act............... 60
Subdivision C—Applications ancillary to Tribunal proceedings 61
99.......... Application to be made a party to a Tribunal proceeding............................................. 61
100........ Application for order about matter related to Tribunal proceeding............................... 62
101........ Consenting to order about matter related to Tribunal proceeding................................. 62
102........ When notice or copy of application under section 100 need not be given.................... 62
103........ Dealing with application under section 100................................................................. 63
Division 4—Ancillary matters 64
Subdivision A—General 64
104........ Consolidating applications and references................................................................... 64
105........ Directions as to procedure........................................................................................... 64
106........ Request as to constitution of Tribunal......................................................................... 65
107........ Withdrawal of application or reference........................................................................ 65
108........ Amendment of documents........................................................................................... 66
Subdivision B—References of questions of law to Federal Court of Australia 66
109........ Request for reference of question of law to Federal Court of Australia....................... 66
110........ Fixing new date for hearing if party requests reference of question of law to Federal Court of Australia 67
111........ Adjournment of Tribunal proceeding pending decision of Federal Court of Australia 67
112........ Tribunal proceeding after determination of question of law by Federal Court of Australia 68
113........ Prescribed period for purposes of subsection 161(2) of the Act................................. 68
114........ Prescribed period for purposes of subsection 161(3) of the Act................................. 68
115........ Suspension of orders of Tribunal pending reference of question of law to Federal Court of Australia 68
116........ Modified operation of Part VI of the Act in relation to suspended Tribunal orders..... 69
Division 5—Miscellaneous 70
117........ Parties to Tribunal proceeding are also parties to ancillary application connected with Tribunal proceeding 70
118........ Extension of time......................................................................................................... 70
119........ Fees for copies............................................................................................................ 70
120........ Payment of witnesses’ fees and expenses................................................................... 70
121........ Summons.................................................................................................................... 71
122........ Power to exempt from procedural requirements.......................................................... 71
123........ Effect of non‑compliance with this Part....................................................................... 71
Part 12—The Crown 72
124........ Information on use of copyright material for services of the Crown—subsection 183(4) of the Act 72
Part 13—Extension or restriction on operation of Act 73
125........ International organizations to which the Act applies—subsection 186(1) of the Act... 73
Part 14—Moral rights 74
126........ Other information and particulars for notices under section 195AT of the Act........... 74
Part 15—Miscellaneous 76
127........ Period for keeping declarations relating to copying in library or archives—subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act..................................................................................... 76
Part 16—Transitional matters 77
128........ Directions about information relating to objection to import of copyright material...... 77
129........ Objection to import of copyright material into Norfolk Island..................................... 77
130........ Limitation on remedies available against carriage service providers............................ 77
131........ Things done under the Copyright Tribunal (Procedure) Regulations 1969................ 78
132........ Amendments made by the Copyright Amendment (Service Providers) Regulations 2018 79
Schedule 1—Form of notice near machine for copying works, published editions or audio‑visual items 80
Part 1—Text of notice near machine for copying works or published editions 80
Part 2—Text of notice near machine for copying works, published editions or audio‑visual items 81
Part 3—Text of notice near machine for copying audio‑visual items 82
Schedule 2—Forms for Part 6 83
Part 1—Form of notification relating to cached copyright material 83
Part 2—Form of notice relating to copyright material found to be infringing by Australian court 85
Part 3—Form of notice by owner, licensee or agent of claimed infringement by storage of copyright material 87
Part 4—Form of counter‑notice in response to notice by copyright owner, licensee or agent of claimed infringement 89
Part 5—Form of counter‑notice in response to takedown of copyright material without notice from copyright owner, licensee or agent 91
Part 6—Form of notice by owner, licensee or agent of claimed infringement by reference to infringing copyright material 93
Schedule 3—Forms of summons 95
Part 1—Summons to witness 95
Part 2—Summons to produce documents or articles 96
Endnotes97
Endnote 1—About the endnotes 97
Endnote 2—Abbreviation key 98
Endnote 3—Legislation history 99
Endnote 4—Amendment history 100
Part 1—Preliminary
1 Name
This instrument is the Copyright Regulations 2017.
3 Authority
This instrument is made under the Copyright Act 1968.
4 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) adaptation;
(b) artistic work;
(c) Australia;
(d) body administering;
(e) carriage service provider;
(f) cinematograph film;
(g) collecting society;
(h) copy;
(i) copyright material;
(j) device;
(k) dramatic work;
(l) educational institution;
(m) eligible rights holder;
(n) government;
(o) government copy;
(p) infringing copy;
(q) licensed copying or communicating;
(r) literary work;
(s) manuscript;
(t) record;
(u) Registrar;
(v) rules;
(w) sound broadcast;
(x) sound recording;
(y) technological protection measure;
(z) television broadcast;
(za) the Tribunal;
(zb) to the public;
(zc) work;
(zd) works collecting society.
In this instrument:
Act means the Copyright Act 1968.
address for service of a person or body means an address in Australia at which, or an electronic address through which, documents may be served on the person or body.
Australian‑based: a person is Australian‑based if the person:
(a) resides or carries on business in Australia; or
(b) if the person is a corporation—has a registered office in Australia.
caching has the same meaning as in section 116AB of the Act.
civil action means a proceeding of a civil nature between parties, including a counterclaim.
Note: This is essentially the same as the definition of action in Part V of the Act.
designated representative of a service provider means a person designated under subsection 19(1) to receive for the service provider notifications, notices and counter‑notices given for the purposes of a condition in subsection 116AH(1) of the Act.
designated service provider means a service provider other than a carriage service provider.
distributable amount has the meaning given by subsection 17(3).
entitled person has the meaning given by subsection 17(3).
equitable remuneration has the meaning given by subsection 17(3).
infringement notice means an infringement notice given under section 43.
infringement officer means:
(a) a member of the Australian Federal Police (as defined in the Australian Federal Police Act 1979); or
(b) a member of the police force (however described) of a State or Territory.
infringing article, in relation to an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), means an article that is alleged:
(a) to be an infringing copy of a work or other subject‑matter; and
(b) to have been involved in the commission of the offence.
infringing device, in relation to an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), means a device that is alleged:
(a) to have been made to be used for making an infringing copy of a work or other subject‑matter; and
(b) to have been involved in the commission of the offence.
party has a meaning affected by section 117.
potential share has the meaning given by subsection 17(3).
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.
Part 2—Copyright in original works
Notices to be displayed near library or archive machines used to make infringing copies—paragraph 39A(b) of the Act
For the purposes of paragraph 39A(b) of the Act:
(a) the prescribed dimensions of a notice are at least 297 millimetres long and at least 210 millimetres wide; and
(b) the prescribed form of notice is a form containing the text in Part 1 or 2 of Schedule 1.
Notice requirements for communication of electronic reproduction by library or archives—subparagraph 49(7A)(c)(ii) of the Act
For the purposes of subparagraph 49(7A)(c)(ii) of the Act, the following matters are prescribed:
(a) that further dealings with the reproduction may infringe copyright;
(b) that Division 3 of Part III of the Act affects whether further dealings would infringe copyright.
7 Notice of intended publication of unpublished work kept in public library—paragraphs 52(1)(b) and (2)(b) of the Act
(1) For the purposes of paragraphs 52(1)(b) and (2)(b) of the Act, the prescribed notice of the intended publication of the new work is a notice that:
(a) is published in accordance with subsection (2) of this section; and
(b) sets out the matters described in subsection (3) of this section.
(2) The notice is to be published in the Gazette at least 2 months before the publication (or subsequent publication) of the new work.
(3) The notice is to set out:
(a) the name of the person (the intending publisher) intending to publish the new work and how the intending publisher may be contacted; and
(b) the intending publisher’s intention to publish the new work; and
(c) the title (if any) of the old work and, if that title does not enable that work to be identified, a description of that work that enables that work to be identified; and
(d) the time, or an estimate of the time, when the old work was made or the period, or an estimate of the period, over which the making of the old work extended; and
(e) the name of the author of the old work, if that name is known to the intending publisher; and
(f) the name and address of the library or other place in which a copy, or the manuscript, of the old work is kept; and
(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.
Countries in relation to which Division 6 of Part III of the Act applies—subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act
For the purposes of subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act, Division 6 of Part III of the Act applies to a country that:
(a) is a party to any of the following:
(i) the International Convention for the Protection of Literary and Artistic Works done at Berne on 9 September 1886 as revised from time to time;
(ii) the Universal Copyright Convention done at Geneva on 6 September 1952 as revised from time to time;
(iii) the WIPO Copyright Treaty done at Geneva on 20 December 1996 as revised from time to time; or
(b) is a member of the World Trade Organization.
Note 1: Information as to which countries are parties to the International Convention for the Protection of Literary and Artistic Works could in 2017 be viewed on the World Intellectual Property Organization’s website ( 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 ( 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.
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.
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.
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
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.
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.
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
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.
| Entitled person | ||
| Column 1 Section of the Act | Column 2 Person | |
| 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.
| Equitable remuneration | ||
| Column 1 Section of the Act | Column 2 Equitable remuneration | |
| 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.
Part 6—Limitation on remedies available against service providers
Division 1—Preliminary
18 Industry codes developed by carriage service providers
(1) For the purposes of subparagraph (a)(i) of the definition of industry code in section 116AB of the Act, this section prescribes requirements that an industry code developed by carriage service providers must meet.
(2) An industry code must be developed through an open voluntary process by a broad consensus of:
(a) either or both of the following:
(i) owners of copyright or a class of owners of copyright;
(ii) exclusive licensees of copyright or a class of exclusive licensees of copyright; and
(b) carriage service providers.
(3) An industry code that does not deal solely with caching must include a provision to the effect that standard technical measures are technical measures that:
(a) are used to protect and identify copyright material; and
(b) are accepted under the code or developed in accordance with a process set out in the code; and
(c) are available on non‑discriminatory terms; and
(d) do not impose substantial costs on carriage service providers or substantial burdens on their systems or networks.
18A Industry codes developed by designated service providers
(1) For the purposes of paragraph (b) of the definition of industry code in section 116AB of the Act, an industry code, or a variation of an industry code, developed by a class of designated service providers must be developed in accordance with this section.
Requirement for broad consensus
(2) An industry code, or a variation of an industry code, must be developed through an open voluntary process by a broad consensus of:
(a) either or both of the following:
(i) owners of copyright or a class of owners of copyright;
(ii) exclusive licensees of copyright or a class of exclusive licensees of copyright; and
(b) the class of designated service providers to which the code, or the code as varied, is to apply.
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.
19 Designated representatives
(1) A service provider must designate one or more persons to be the representative of the service provider to receive for the service provider notifications, notices and counter‑notices given for the purposes of a condition in subsection 116AH(1) of the Act.
(2) The service provider must publish a notice in a reasonably prominent location on a website of the service provider setting out the following information for each designated representative of the service provider:
(a) the title of the position of the designated representative;
(b) sufficient information to allow a person to contact the designated representative.
20 Requirements for notifications and notices
A notification, notice or counter‑notice given for the purposes of a condition in subsection 116AH(1) of the Act must:
(a) be in accordance with the form prescribed by this Part; and
(b) be given by post or electronic communication to a designated representative of the service provider.
Division 2—Conditions—cached copyright material
21 Notification relating to Category B activity
For the purposes of condition 3 of item 3 of the table in subsection 116AH(1) of the Act, the form of notification set out in Part 1 of Schedule 2 is prescribed.
Division 3—Conditions—copyright material found to be infringing by an Australian court
22 Notice in relation to Category C and D activities
For the purposes of condition 2 of item 4 (Category C activities), and condition 2 of item 5 (Category D activities), of the table in subsection 116AH(1) of the Act, the form of notice set out in Part 2 of Schedule 2 is prescribed.
Division 4—Conditions—takedown of copyright material following notice
23 Application of this Division
For the purposes of condition 3 of item 4 (Category C activities) of the table in subsection 116AH(1) of the Act, this Division prescribes the procedure to be followed in relation to copyright material residing on a service provider’s system or network if:
(a) the owner or exclusive licensee of the copyright in the material, or an agent of the owner or licensee, reasonably believes that the material is infringing; and
(b) the owner, licensee or agent wishes the service provider to remove or disable access to the material.
24 Notice of claimed infringement
(1) The owner or exclusive licensee of the copyright in the copyright material, or an agent of the owner or licensee, may give a notice of claimed infringement in relation to the copyright material to a designated representative of the service provider.
(2) The notice of claimed infringement must be in accordance with the form set out in Part 3 of Schedule 2.
25 Takedown procedure
(1) If a service provider receives a notice of claimed infringement under section 24, the service provider must expeditiously remove, or disable access to, the copyright material specified in the notice and residing on its system or network.
(2) As soon as practicable after removing, or disabling access to, copyright material under subsection (1), the service provider must send to the user who directed the service provider to store the copyright material on its system or network:
(a) a copy of the notice of claimed infringement; and
(b) a notice (the user notice) stating:
(i) that the copyright material has been removed, or access to it has been disabled; and
(ii) that the user may, within 3 months after receiving the copy of the notice of claimed infringement, give a counter‑notice in accordance with section 26 of the Copyright Regulations 2017 disputing the claims in the notice of claimed infringement to the designated representative of the service provider specified in the user notice.
Note: The service provider need not take any further action in relation to the copyright material unless the service provider receives a counter‑notice from the user under section 26.
(3) A service provider is taken to have complied with subsection (2) if:
(a) the service provider has taken reasonable steps to identify the user but has been unable to do so; or
(b) the service provider sends the documents to the user as required by subsection (2) but they are not received by the user.
26 Counter‑notice
(1) If a user receives a copy of a notice of claimed infringement from a service provider under section 25, the user may give a counter‑notice disputing the claims set out in the notice of claimed infringement to the designated representative of the service provider specified in the user notice mentioned in paragraph 25(2)(b).
Note: If the user does not give a counter‑notice to that designated representative, the service provider is not required to take any further action in relation to the notice of claimed infringement.
(2) The counter‑notice must:
(a) be in accordance with the form set out in Part 4 of Schedule 2; and
(b) be given within 3 months after the user receives the copy of the notice of claimed infringement.
27 Copy of counter‑notice to be sent to copyright owner
(1) If a service provider receives a counter‑notice from a user under section 26 in response to a notice of claimed infringement, the service provider must, as soon as practicable after receiving the counter‑notice, send to the copyright owner, exclusive licensee or agent who gave the notice of claimed infringement:
(a) a copy of the counter‑notice; and
(b) a notice stating that if the owner, licensee or agent does not, within 10 business days after the day the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the service provider will restore, or enable access to, the copyright material on its system or network.
(2) If the counter‑notice is from a user who is an individual, the copy of the counter‑notice and the notice under paragraph (1)(b) sent to the copyright owner, licensee or agent under subsection (1) may disclose information that could identify the user if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988.
28 Restoring copyright material
(1) A service provider must comply with this section if:
(a) the service provider sends a copy of a counter‑notice given by a user and a notice to the copyright owner, exclusive licensee or agent under section 27 in relation to a notice of claimed infringement given by the owner, licensee or agent; and
(b) either:
(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.
Division 5—Conditions—procedure following takedown of copyright material without notice from copyright owner, exclusive licensee or agent
29 Application of this Division
(1) For the purposes of condition 3 of item 4 (Category C activities) of the table in subsection 116AH(1) of the Act, this Division prescribes the procedure to be followed in relation to copyright material residing on a service provider’s system or network if the service provider becomes aware (except as described in subsection (2)):
(a) that the material is infringing; or
(b) of facts or circumstances that make it apparent that the material is likely to be infringing.
Note: The service provider must act expeditiously to remove or disable access to copyright material residing on its system or network if the service provider becomes aware of a matter mentioned in paragraph (1)(a) or (b) in relation to the material—see condition 2A of item 4 of the table in subsection 116AH(1) of the Act.
(2) This Division does not apply if the service provider becomes aware of a matter mentioned in paragraph (1)(a) or (b) as a result of receiving a notice of claimed infringement under Division 4, or any other notification, from the owner or exclusive licensee of the copyright in the material or from an agent of the owner or licensee.
Note: The procedure prescribed in Division 4 applies if the service provider receives a notice of claimed infringement in relation to the copyright material from the owner or exclusive licensee of the copyright in the material or from an agent of the owner or licensee.
30 Notice to user
(1) As soon as practicable after removing, or disabling access to, the copyright material under condition 2A of item 4 of the table in subsection 116AH(1) of the Act, the service provider must send to the user who directed the service provider to store the copyright material on its system or network a notice stating:
(a) that the copyright material has been removed, or access to it has been disabled; and
(b) the grounds for removing, or disabling access to, the copyright material; and
(c) that the user may, within 3 months after receiving the notice, give a counter‑notice in accordance with section 31 of the Copyright Regulations 2017 to the designated representative of the service provider specified in the notice:
(i) disputing the grounds for removing, or disabling access to, the copyright material; and
(ii) requesting the service provider to restore, or enable access to, the copyright material on the service provider’s system or network.
(2) A service provider is taken to have complied with subsection (1) if:
(a) the service provider has taken reasonable steps to identify the user but has been unable to do so; or
(b) the service provider sends the notice to the user as required by subsection (1) but it is not received by the user.
31 Counter‑notice
(1) If a user receives a notice from a service provider under section 30, the user may give a counter‑notice to the designated representative of the service provider specified in the notice received by the user:
(a) disputing the grounds for removing, or disabling access to, the copyright material; and
(b) requesting the service provider to restore, or enable access to, the copyright material on the service provider’s system or network.
Note: If the user does not give a counter‑notice to that designated representative, the service provider is not required to take any further action in relation to the copyright material.
(2) The counter‑notice must:
(a) be in accordance with the form set out in Part 5 of Schedule 2; and
(b) be given within 3 months after the user receives the notice under section 30.
32 Restoring copyright material
If:
(a) a service provider receives a counter‑notice in relation to copyright material under section 31; and
(b) on the basis of the information and statements in the counter‑notice, the service provider is satisfied that the copyright material is not, or is not likely to be, infringing;
the service provider must, as soon as practicable after receiving the counter‑notice, restore, or enable access to, the copyright material on its system or network.
Division 6—Conditions—takedown of reference to copyright material following notice from copyright owner, exclusive licensee or agent
33 Application of this Division
For the purposes of condition 3 of item 5 (Category D activities) of the table in subsection 116AH(1) of the Act, this Division prescribes the procedure to be followed in relation to a reference to copyright material that is provided by a service provider on its system or network if:
(a) the owner or exclusive licensee of the copyright in the material, or an agent of the owner or licensee, reasonably believes that the material is infringing; and
(b) the owner, licensee or agent wishes the service provider to remove or disable access to the reference to the material.
34 Notice of claimed infringement
(1) The owner or exclusive licensee of the copyright in the copyright material to which the reference is provided, or an agent of the owner or licensee, may give a notice of claimed infringement to a designated representative of the service provider.
(2) The notice of claimed infringement must be in accordance with the form set out in Part 6 of Schedule 2.
35 Takedown procedure
If a service provider receives a notice of claimed infringement under section 34, the service provider must expeditiously remove, or disable access to, the reference to the copyright material specified in the notice and provided by the service provider on its system or network.
Division 7—Civil remedies
36 Authority
This Division has effect for the purposes of section 116AJ of the Act.
37 Action taken to comply with a condition
A service provider is not liable for damages or any other civil remedy as a result of action taken in good faith by the service provider to comply with any of the following conditions:
(a) condition 3 of item 3 (Category B activities) of the table in subsection 116AH(1) of the Act;
(b) condition 2, 2A or 3 of item 4 (Category C activities) of the table in subsection 116AH(1) of the Act;
(c) condition 2, 2A or 3 of item 5 (Category D activities) of the table in subsection 116AH(1) of the Act.
Note: See also Divisions 2, 3, 4, 5 and 6 of this Part in relation to those conditions.
38 Failure to restore or enable access to copyright material
(1) If a service provider fails to restore, or enable access to, the copyright material on its system or network as required by section 28 or 32, the service provider may be liable for damages or any other civil remedy in a civil action taken by a user or third party affected by the failure.
(2) However, the service provider is not liable for damages or any other civil remedy in an action taken by the owner or exclusive licensee of the copyright in the copyright material because of the service provider’s failure to restore, or enable access to, the copyright material in accordance with section 28 or 32.
39 Misrepresentations in notifications and notices
(1) A person who gives a notification, notice or counter‑notice for the purposes of a condition in subsection 116AH(1) of the Act, must not knowingly make a material misrepresentation in that notification, notice or counter‑notice.
(2) For the purposes of subsection (1), a person knowingly makes a material misrepresentation in a notification, notice or counter‑notice if the person does not take reasonable steps to ensure the accuracy of the information and statements included in the notification, notice or counter‑notice. This does not limit the circumstances in which a person knowingly makes a material misrepresentation for the purposes of that subsection.
(3) A person who suffers loss or damage because of a material misrepresentation made knowingly in a notification, notice or counter‑notice may bring an action against the person who gave the notification, notice or counter‑notice.
(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.
Part 7—Technological protection measures
40 Non‑infringing acts enabled by circumvention of access control technological protection measures that are not actionable—paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act
(1) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the doing of an act by a person that does not infringe copyright because of any of the following provisions of the Act is prescribed:
(a) section 47D (reproducing computer programs to make interoperable products), so far as it relates to making an article described in paragraph 47D(1)(b);
(b) subsection 49(6), (7) or (7B) (reproducing and communicating works by libraries and archives for users);
(c) subsection 50(4) (reproducing and communicating works by libraries or archives for other libraries or archives);
(d) section 107 (making of a copy of the sound recording for purpose of broadcasting);
(e) section 110A (copying and communicating unpublished sound recordings and cinematograph films in libraries or archives);
(f) Division 3 (libraries and archives) of Part IVA;
(g) Division 4 (educational institutions—statutory licence) of Part IVA.
(2) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the following are also prescribed:
(a) the making by a person of a broadcast of a published sound recording that does not infringe the copyright in the recording because of section 109 of the Act;
(b) fair dealing with, or use of, copyright material other than a computer game by a person that is not an infringement of copyright in the material because of Division 2 (access by or for persons with a disability) of Part IVA of the Act;
(c) the gaining of access by a person to copyright material to which a technological protection measure has been applied if:
(i) the technological protection measure is not operating normally; and
(ii) a replacement technological protection measure is not reasonably available;
(d) the gaining of access by a person to copyright material that is protected by a technological protection measure that interferes with or damages a product in which it is installed (the host product) or another product used in conjunction with the host product:
(i) to prevent damage, or further damage, to the host product or another product by the technological protection measure; or
(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.
Part 8—Infringement notices and forfeiture of infringing articles and devices
Division 1—Preliminary
41 Object of this Part
The object of this Part is to set up a scheme (for the purposes of sections 133B and section 248SA of the Act) to enable a person who is alleged to have committed an offence of strict liability against Division 5 of Part V, or Subdivision A or B of Division 3 of Part XIA, of the Act to do the following as an alternative to being prosecuted:
(a) pay the Commonwealth an amount specified in an infringement notice for the alleged offence;
(b) for an alleged offence against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), agree to forfeit to the Commonwealth:
(i) each article (if any), in the person’s possession when the person is informed how the person may avoid prosecution for the alleged offence, that is alleged to be an infringing copy of a work or other subject‑matter and to have been involved in the commission of the offence; and
(ii) each device (if any), in the person’s possession when the person is informed how the person may avoid prosecution for the alleged offence, that is alleged to have been made to be used for making an infringing copy of a work or other subject‑matter and to have been involved in the commission of the offence.
42 Provisions subject to an infringement notice
Each provision of the Act listed in the following table is subject to an infringement notice under this Part:
| Provisions of the Act subject to an infringement notice under this Part | ||
| Item | Provision of Act | Summary of strict liability offence created by provision |
| 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 |
Division 2—Infringement notices
43 When an infringement notice may be given
(1) If an infringement officer believes on reasonable grounds that a person has committed an offence against a provision subject to an infringement notice under this Part, the infringement officer may give to the person an infringement notice for the alleged offence.
(2) However, the infringement officer may give to the person an infringement notice for the alleged offence against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)) only if:
(a) an infringement officer has informed the person as described in subsection 49(2) of this instrument; and
(b) the person has agreed to forfeit, and has forfeited, to the Commonwealth all infringing articles and devices relating to the alleged offence in the person’s possession at the time the person was informed.
Note 1: Subsection 49(2) is about an infringement officer informing a person about the circumstances in which the person may avoid prosecution for an alleged offence against that Division if an infringement notices is issued.
Note 2: Division 3 of this Part deals with forfeiture of infringing articles and devices relating to alleged offences against provisions of Division 5 of Part V of the Act.
(3) The infringement notice must be given within 12 months after the day on which the offence is alleged to have taken place.
(4) A single infringement notice must relate only to a single offence against a single provision.
44 Matters to be included in an infringement notice
An infringement notice must:
(a) be identified by a unique number; and
(b) state the day on which it is given; and
(c) state the name of the person to whom the notice is given; and
(d) state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and
(e) give brief details of the alleged offence, including:
(i) the provision against which the offence was allegedly committed; and
(ii) the maximum penalty that a court could impose if the offence were committed; and
(iii) the time (if known) and day of, and the place of, the alleged offence; and
(f) state the amount that is payable under the notice, which must be:
(i) 12 penalty units where the person is an individual; or
(ii) 60 penalty units where the person is a body corporate; and
(g) give an explanation of how payment of the amount is to be made; and
(h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person will not be liable to be prosecuted in a court for the alleged offence; and
(i) state that payment of the amount is not an admission of guilt or liability; and
(j) state that the person may apply to the relevant chief executive to have the period in which to pay the amount extended; and
(k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged offence; and
(l) set out how the notice can be withdrawn; and
(m) state that if the notice is withdrawn the person may be prosecuted in a court for the alleged offence; and
(n) state that the person may make written representations to the relevant chief executive seeking the withdrawal of the notice.
45 Extension of time to pay amount
(1) A person to whom an infringement notice has been given may apply to the relevant chief executive for an extension of the period referred to in paragraph 44(h).
(2) If the application is made before the end of that period, the relevant chief executive may, in writing, extend that period. The relevant chief executive may do so before or after the end of that period.
(3) If the relevant chief executive extends that period, a reference in this Part, or in a notice or other instrument under this Part, to the period referred to in paragraph 44(h) is taken to be a reference to that period so extended.
(4) If the relevant chief executive does not extend that period, a reference in this Part, or in a notice or other instrument under this Part, to the period referred to in paragraph 44(h) is taken to be a reference to the period that ends on the later of the following days:
(a) the day that is the last day of the period referred to in paragraph 44(h);
(b) the day that is 7 days after the day the person was given notice of the relevant chief executive’s decision not to extend.
(5) The relevant chief executive may extend the period more than once under subsection (2).
46 Withdrawal of an infringement notice
Representations seeking withdrawal of notice
(1) A person to whom an infringement notice has been given may make written representations to the relevant chief executive seeking the withdrawal of the notice.
Withdrawal of notice
(2) The relevant chief executive may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).
(3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the relevant chief executive:
(a) must take into account any written representations seeking the withdrawal that were given by the person to the relevant chief executive; and
(b) may take into account the following:
(i) whether a court has previously imposed a penalty on the person for an offence against a provision subject to an infringement notice under this Part;
(ii) the circumstances of the alleged offence;
(iii) whether the person has paid an amount, stated in an earlier infringement notice, for an offence against a provision subject to an infringement notice under this Part if the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the offence in the relevant infringement notice;
(iv) any other matter the relevant chief executive considers relevant.
Notice of withdrawal
(4) Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:
(a) the person’s name and address; and
(b) the day the infringement notice was given; and
(c) the identifying number of the infringement notice; and
(d) that the infringement notice is withdrawn; and
(e) that the person may be prosecuted in a court for the alleged offence.
Refund of amount if infringement notice withdrawn
(5) If:
(a) the relevant chief executive withdraws the infringement notice; and
(b) the person has already paid the amount stated in the notice;
the Commonwealth must refund to the person an amount equal to the amount paid.
47 Effect of payment of amount
(1) If the person to whom an infringement notice for an alleged offence against a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 44(h):
(a) any liability of the person for the alleged offence is discharged; and
(b) the person may not be prosecuted in a court for the alleged offence; and
(c) the person is not regarded as having admitted guilt or liability for the alleged offence; and
(d) the person is not regarded as having been convicted of the alleged offence.
(2) Subsection (1) does not apply if the notice has been withdrawn.
48 Effect of this Part
This Part does not:
(a) require an infringement notice to be given to a person for an alleged offence against a provision subject to an infringement notice under this Part; or
(b) affect the liability of a person for an alleged offence against a provision subject to an infringement notice under this Part if:
(i) the person does not comply with an infringement notice given to the person for the offence; or
(ii) an infringement notice is not given to the person for the offence; or
(a) the date of the notice;
(b) the name (if any) and address of the building;
(c) the name and address of the owner of the building;
(d) the owner’s contact details during business hours, including work telephone number and email address (if available);
(e) the name of the person who can provide the author or author’s representative with access to the building and that person’s contact details;
(f) the business hours during which the author or author’s representative may reasonably have access to the building;
(g) in relation to a change in the building (other than by relocation, demolition or destruction), a brief description of the change and the extent (if any) to which the building is likely to be affected;
(h) in relation to the relocation of the building, a brief description of the place and form of the relocation and the extent to which the building is likely to be affected.
Notice relating to moveable artistic work
(3) For the purposes of paragraph 195AT(4B)(c) of the Act, the following information and particulars are prescribed for inclusion in a notice to an author, or a person (the author’s representative) representing the author, relating to the removal or relocation of a moveable artistic work situated at a place that is accessible to the public:
(a) the date of the notice;
(b) a brief description of the moveable artistic work;
(c) the address of the place, or description of the location, at which the moveable artistic work may be accessed;
(d) the name and address of the remover of the moveable artistic work;
(e) the remover’s contact details during business hours, including work telephone number and email address (if available);
(f) if necessary, the name of the person who can provide the author or author’s representative with access to the moveable artistic work, and that person’s contact details;
(g) if necessary, the business hours during which the author or author’s representative may reasonably have access to the moveable artistic work;
(h) if the moveable artistic work is to be permanently removed or relocated, the address or description of the new location or storage location (if not open to the public) of the moveable artistic work;
(i) if the removal or relocation of the moveable artistic work will result in a change of ownership in the work, the name and address of the new owner.
Part 15—Miscellaneous
Period for keeping declarations relating to copying in library or archives—subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act
For the purposes of subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act, the period for keeping the declaration is 4 years after the making of the reproduction to which the declaration relates.
Part 16—Transitional matters
128 Directions about information relating to objection to import of copyright material
A direction in force under subregulation 21(1) of the Copyright Regulations 1969 (relating to import into Australia of copyright material) immediately before the commencement of Part 9 of this instrument has effect on and after that commencement as if it had been given under subsection 52(1) of this instrument.
129 Objection to import of copyright material into Norfolk Island
A notice in force under subregulation 23(2) of the Copyright Regulations 1969 (relating to import into Norfolk Island of copyright material) immediately before the commencement of Part 9 of this instrument has effect on and after that commencement, for the purposes of section 53 of this instrument relating to Norfolk Island, as if the notice:
(a) had been given under subsection 135(2) of the Act when it was given under subregulation 23(2) of the Copyright Regulations 1969; and
(b) were subject to subsections 135(6) and (6A) of the Act (about revocation and declaration of ineffectiveness of the notice).
Note: The notice does not have effect for the purposes of section 53 of this instrument relating to other Territories or for the purposes of section 135 of the Act applying apart from section 53 of this instrument to imports into parts of Australia other than the external Territories.
130 Limitation on remedies available against carriage service providers
(1) A thing done under a provision of Part 3A (Limitation on remedies available against carriage service providers) of the Copyright Regulations 1969 before the commencement of Part 6 of this instrument has effect on and after that commencement as if it had been done under the corresponding provision of Part 6 of this instrument.
(2) To avoid doubt, subsection (1) has effect even if the thing was done using a form prescribed in a provision of Schedule 10 to the Copyright Regulations 1969. In that case, it has effect under subsection (1) as if it had been done using a form prescribed in a corresponding provision of Schedule 2 to this instrument.
(3) For the purposes of this section, the following table shows which provisions of Part 6 of, and Schedule 2 to, this instrument correspond to provisions of Part 3A (Limitation on remedies available against carriage service providers) of, and Schedule 10 to, the Copyright Regulations 1969.
| Corresponding provisions | ||
| Provision of the Copyright Regulations 1969 | Corresponding provision of the Copyright Regulations 2017 | |
| 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 |
131 Things done under the Copyright Tribunal (Procedure) Regulations 1969
(1) If:
(a) a thing was done for a particular purpose under the Copyright Tribunal (Procedure) Regulations 1969 as in force immediately before those Regulations were repealed; and
(b) the thing could be done for that purpose under this instrument;
the thing has effect for the purposes of this instrument as if it had been done under this instrument.
(2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, application, reference or other instrument being given or made.
(3) An approval of a design of a seal of the Tribunal that was in force for the purposes of the Copyright Tribunal (Procedure) Regulations 1969 immediately before they were repealed continues in force as if it were a determination of the design of the seal under subsection 58(2) of this instrument.
132 Amendments made by the Copyright Amendment (Service Providers) Regulations 2018
(1) A designation under subsection 19(1) that is in effect immediately before the commencement of the Copyright Amendment (Service Providers) Regulations 2018 (the amending regulations) continues to have effect on and after that commencement as if it were a designation under subsection 19(1), as amended by the amending regulations.
(2) Sections 24 to 26, 30, 31 and 34, as amended by the amending regulations, apply in relation to the following:
(a) a notice given under sections 24, 30 and 34, as so amended, on or after the commencement of the amending regulations;
(b) a notice given under sections 25, 26 and 31, as so amended, on or after that commencement that relates to a notice referred to in paragraph (a) of this subsection.
Schedule 1—Form of notice near machine for copying works, published editions or audio‑visual items
Note: See sections 5 and 13.
Part 1—Text of notice near machine for copying works or published editions
Commonwealth of Australia
Copyright Act 1968
Notice about the reproduction of works and the copying of published editions
Warning
Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Certain dealings with copyright will not constitute an infringement, including:
(a) a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including a fair dealing for the purposes of research or study; or
(b) a reproduction that is authorised by the copyright owner.
It is a fair dealing to make a reproduction for research or study, of one or more articles in a periodical publication for the same research or same course of study or, for any other work, of a reasonable portion of a work.
For a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion.
For a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work.
More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40(2) of the Act.
A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.
Part 2—Text of notice near machine for copying works, published editions or audio‑visual items
Commonwealth of Australia
Copyright Act 1968
Notice about the reproduction of works and the copying of published editions and audio‑visual items
Warning
Copyright owners are entitled to take legal action against persons who infringe their copyright. A court may impose penalties and award damages in relation to offences and infringements relating to copyright material. Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.
Reproduction of works and copying of published editions
A reproduction of material that is protected by copyright may be a copyright infringement. Certain dealings with copyright will not constitute an infringement, including:
(a) a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including a fair dealing for the purposes of research or study; or
(b) a reproduction that is authorised by the copyright owner.
It is a fair dealing to make a reproduction for research or study, of one or more articles in a periodical publication for the same research or same course of study or, for any other work, of a reasonable portion of a work.
For a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion.
For a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work.
More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40(2) of the Act.
Copying of audio‑visual items
Unless otherwise permitted by the Act, unauthorised use of audio‑visual items in which copyright subsists may infringe copyright in that item.
It is not an infringement of copyright in an audio‑visual item to use that item in a manner that is a fair dealing under section 103C of the Act.
Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio‑visual item is a fair dealing.
Part 3—Text of notice near machine for copying audio‑visual items
Commonwealth of Australia
Copyright Act 1968
Notice about the copying of audio‑visual items
Warning
Copyright owners are entitled to take legal action against persons who infringe their copyright. Unless otherwise permitted by the Copyright Act 1968 (the Act), unauthorised use of audio‑visual items in which copyright subsists may infringe copyright in that item.
It is not an infringement of copyright in an audio‑visual item to use that item in a manner that is a fair dealing under section 103C of the Act.
Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio‑visual item is a fair dealing.
A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.
Schedule 2—Forms for Part 6
Note: See sections 21, 22, 24, 26, 31 and 34.
Part 1—Form of notification relating to cached copyright material
Commonwealth of Australia
Copyright Regulations 2017
Notification that cached copyright material has been removed or access has been disabled at the originating site
To [name of service provider]
1. I give this notification for the purposes of condition 3 of item 3 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 21 of the Copyright Regulations 2017.
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive licensee of the copyright in the following cached copyright material, and I believe in good faith that it has been removed from, or access to it has been disabled at, the originating site:
[insert sufficient information to enable the service provider to identify:
(a) the cached copyright material; and
(b) the originating site from which the cached copyright material has been removed or at which access has been disabled; and
(c) the cached copyright material on the service provider’s system or network that is to be removed, or to which access is to be disabled]
3. I have taken reasonable steps to ensure that the information and statements in this notification are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
* Omit if inapplicable
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.
Part 2—Form of notice relating to copyright material found to be infringing by Australian court
Commonwealth of Australia
Copyright Regulations 2017
Notice relating to copyright material that has been found to be infringing by an Australian court
To [name of service provider]
1. I give this notice for the purposes of condition 2 of *item 4/*item 5 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 22 of the Copyright Regulations 2017.
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive licensee of the copyright in the following copyright material *that resides on your system or network/*to which you have provided a reference on your system or network, and I believe, in good faith, that the copyright material has been found to be infringing by an Australian court:
[insert sufficient information to enable the service provider:
(a) to identify the copyright material that has been found to be infringing by an Australian court; and
(b) to locate on the service provider’s system or network the copyright material or the reference provided by the service provider on its system or network to the copyright material]
3. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
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.
Part 3—Form of notice by owner, licensee or agent of claimed infringement by storage of copyright material
Commonwealth of Australia
Copyright Regulations 2017
Notice by copyright owner, licensee or agent of claimed infringement of copyright in copyright material
To [name of service provider]
1. I give this notice for the purposes of condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 24 of the Copyright Regulations 2017.
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive licensee of the copyright in the following copyright material residing on your system or network, and I believe, in good faith, that the storage of the material on your system or network is not authorised by the owner or any exclusive licensee of the copyright in that material, or by the Copyright Act 1968, and is therefore an infringement of the copyright in the material:
[insert sufficient information to enable the service provider:
(a) to identify the copyright material in respect of which the infringement is claimed; and
(b) to locate on the service provider’s system or network the copyright material]
3. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
* Omit if inapplicable
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.
Part 4—Form of counter‑notice in response to notice by copyright owner, licensee or agent of claimed infringement
Commonwealth of Australia
Copyright Regulations 2017
Counter‑notice in response to notice by copyright owner, licensee or agent of claimed infringement of copyright
To [name of service provider]
1. Having received a copy of a notice of claimed infringement from you under section 25 of the Copyright Regulations 2017 in relation to the following copyright material, I give this counter‑notice for the purposes of condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 26 of the Copyright Regulations 2017:
[insert sufficient information to enable the service provider to identify:
(a) the copyright material in respect of which the infringement is claimed; and
(b) where on the service provider’s system or network the copyright material was stored]
2. I am the user who directed you to store the copyright material on your system or network.
3. I believe, in good faith on the grounds set out in paragraph 4, that the notice of claimed infringement was given because of *a mistake as to fact or law in relation to the copyright material/*a mistake in identifying the copyright material.
4. The grounds for my belief in the statement in paragraph 3 are as follows:
[state the grounds]
Omit the following paragraph if the user does NOT live in, or carry on a business in, Australia.
*5. I agree to comply with the orders of a court having jurisdiction in the place in Australia where I live or undertake my business.
Omit the following paragraph if the user lives in, or carries on a business in, Australia.
*5. I agree to comply with the orders of a court having jurisdiction in a place in Australia where you are located and where an action for infringement of the copyright in the copyright material could be brought.
6. I will accept service of process in any action for infringement of the copyright in the copyright material.
7. I have taken reasonable steps to ensure that the information and statements in this counter‑notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
User
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: This counter‑notice must be given to the designated representative of the service provider who is specified in the notice to which this counter‑notice relates within 3 months after the user receives that notice—see section 26 of the Copyright Regulations 2017.
Note 3: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter‑notice—see section 39 of the Copyright Regulations 2017.
Note 4: As soon as practicable after the service provider receives this counter‑notice, the service provider must send a copy of it to the copyright owner, licensee or agent (who gave the notice of claimed infringement to which this counter‑notice responds), together with a notice stating that if the owner, licensee or agent does not, within 10 business days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the service provider will restore, or enable access to, the copyright material on its system or network—see section 27 of the Copyright Regulations 2017.
Note 5: Information that could identify a user who is an individual may be disclosed by the service provider in the copy of this counter‑notice or the notice referred to in Note 4 sent to the copyright owner, licensee or agent if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988. If the service provider is required by a court to disclose identifying information about a user who is an individual, the information must be disclosed.
Part 5—Form of counter‑notice in response to takedown of copyright material without notice from copyright owner, licensee or agent
Commonwealth of Australia
Copyright Regulations 2017
Counter‑notice in response to takedown of copyright material without notice from copyright owner, licensee or agent
To [name of service provider]
1. Having received a notice from you under section 30 of the Copyright Regulations 2017 in relation to the following copyright material, I give this counter‑notice for the purposes of condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 31 of the Copyright Regulations 2017:
[insert sufficient information to enable the service provider to identify:
(a) the copyright material that has been removed, or to which access has been disabled; and
(b) where on the service provider’s system or network the copyright material was stored]
2. I am the user who directed you to store the copyright material on your system or network.
3. I believe, in good faith on the grounds set out in paragraph 4, that you have removed, or disabled access to, the copyright material because of *a mistake as to fact or law in relation to the copyright material/*a mistake in identifying the copyright material.
4. The grounds for my belief in the statement in paragraph 3 are as follows:
[state the grounds]
5. I have taken reasonable steps to ensure that the information and statements in this counter‑notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
User
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: This counter‑notice must be given to the designated representative of the service provider who is specified in the notice to which this counter‑notice relates within 3 months after the user receives that notice—see section 31 of the Copyright Regulations 2017.
Note 3: An action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter‑notice—see section 39 of the Copyright Regulations 2017.
Note 4: If the service provider is satisfied, on the basis of the information and statements in this counter‑notice, that the copyright material is not, or is not likely to be, infringing, the service provider must restore, or enable access to, the copyright material on its system or network—see section 32 of the Copyright Regulations 2017.
Part 6—Form of notice by owner, licensee or agent of claimed infringement by reference to infringing copyright material
Commonwealth of Australia
Copyright Regulations 2017
Notice by owner, licensee or agent of claimed infringement by reference to infringing copyright material
To [name of service provider]
1. I give this notice for the purposes of condition 3 of item 5 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 34 of the Copyright Regulations 2017.
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive licensee of the copyright in the following copyright material to which you have provided a reference on your system or network:
[insert sufficient information to enable the service provider:
(a) to identify the copyright material in respect of which the infringement is claimed; and
(b) to locate on the service provider’s system or network the reference provided by the service provider to the copyright material]
3. I believe, in good faith, that the copyright material is infringing under the Copyright Act 1968.
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
Name:
Address:
Telephone number:
Email address:
[signature]
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee
* Omit if inapplicable
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.
Schedule 3—Forms of summons
Note: See section 121.
Part 1—Summons to witness
Commonwealth of Australia
Copyright Act 1968
In the Copyright Tribunal of Australia
[Title of Tribunal proceeding]
To: [name and address of witness]
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
* omit, if inapplicable
Part 2—Summons to produce documents or articles
Commonwealth of Australia
Copyright Act 1968
In the Copyright Tribunal of Australia
[Title of Tribunal proceeding]
To: [name and address of witness]
1. You are summoned to produce to the Copyright Tribunal of Australia the following *documents/*articles/*documents and articles: [set out the documents and articles required]
2. You are required to produce the *documents/*articles/*documents and articles to [specified person] at [specified time and specified place]
* omit, if inapplicable
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| 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 = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Copyright Regulations 2017 | 18 Dec 2017 (F2017L01649) | s 1–3: 19 Dec 2017 (s 2(1) item 1) s 4–39, 41–131 and Sch 1–3: 22 Dec 2017 (s 2(1) items 2, 3, 5, 6) s 40: 1 Apr 2018 (s 2(1) item 4) | |
| Copyright Amendment (Service Providers) Regulations 2018 | 10 Dec 2018 (F2018L01718) | 29 Dec 2018 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s 2............................................. | rep LA s 48D |
| s 4............................................. | am F2018L01718 |
| Part 6 | |
| Part 6 heading........................... | am F2018L01718 |
| Division 1 | |
| s 18........................................... | rs F2018L01718 |
| s 18A........................................ | ad F2018L01718 |
| s 19........................................... | rs F2018L01718 |
| s 20........................................... | am F2018L01718 |
| Division 4 | |
| s 23........................................... | am F2018L01718 |
| s 24........................................... | am F2018L01718 |
| s 25........................................... | am F2018L01718 |
| s 26........................................... | am F2018L01718 |
| s 27........................................... | am F2018L01718 |
| s 28........................................... | am F2018L01718 |
| Division 5 | |
| s 29........................................... | am F2018L01718 |
| s 30........................................... | am F2018L01718 |
| s 31........................................... | am F2018L01718 |
| s 32........................................... | am F2018L01718 |
| Division 6 | |
| s 33........................................... | am F2018L01718 |
| s 34........................................... | am F2018L01718 |
| s 35........................................... | am F2018L01718 |
| Division 7 | |
| s 37........................................... | am F2018L01718 |
| s 38........................................... | am F2018L01718 |
| Part 16 | |
| s 132......................................... | ad F2018L01718 |
| Schedule 2 | |
| Part 1 | |
| Part 1........................................ | am F2018L01718 |
| Part 2 | |
| Part 2........................................ | am F2018L01718 |
| Part 3 | |
| Part 3........................................ | am F2018L01718 |
| Part 4 | |
| Part 4........................................ | am F2018L01718 |
| Part 5 | |
| Part 5........................................ | am F2018L01718 |
| Part 6 | |
| Part 6........................................ | am F2018L01718 |
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