Copyright Amendment (Re-Enactment) Act 1993

Administered by Attorney-General's Department

Legislation au C2004A04662 In force Act

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No. 107 of 1993

An Act to repeal the Copyright Amendment Act 1989, to re-enact certain provisions of that Act, and for related purposes

[Assented to 22 December 1993]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Copyright Amendment (Re-enactment) Act 1993.

Commencement

2.(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

(2) The amendments made by this Act are taken to have commenced on the dates set out in the Schedule.

Interpretation

3. In this Act:

“Amending Act” means the Copyright Amendment Act 1989;

“Principal Act” means the Copyright Act 19681.

Re-enactment of certain provisions of Amending Act

4. The Principal Act is amended in the terms set out in:

(a) sections 3 to 14, 17, 18, 21, 23, 24, 26 and 28 of the Amending Act; and

(b) the Schedule to the Amending Act.

Insertion of new Part VB

5. After Part VA of the Principal Act the Part set out in section 15 of the Amending Act (new Part VB) is inserted.

Insertion of new sections 153C and 153D

6. After section 153B of the Principal Act the sections set out in section 19 of the Amending Act (new sections 153C and 153D) are inserted.

Insertion of new section 195B

7. After section 195A of the Principal Act the following section is inserted:

Review of certain decisions

“195B.(1) For the purposes of this section, the following decisions are reviewable decisions:

(a) a decision of the Attorney-General refusing to make a declaration in respect of a body or institution under subsection 10A(1), 135P(1) or 135ZZB(1);

(b) a decision of the Attorney-General revoking a declaration made in respect of a body or institution under subsection 10A(1), 135P(1) or 135ZZB(1);

“(2) Where the Attorney-General makes a reviewable decision referred to in paragraph (1)(a) or (b), the Attorney-General shall cause to be sent to the body or institution concerned a written notice containing:

(a) the terms of the decision; and

(b) a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision; and

(c) except where subsection 28(4) of that Act applies—a statement to the effect that the body or institution may request a statement under section 28 of that Act.

“(3) Where the Comptroller-General of Customs makes a reviewable decision referred to in paragraph (1)(c), the Comptroller-General shall cause to be sent to the owner or importer whose interests are affected by the decision a notice containing:

(a) the terms of the decision; and

(b) a statement to the effect that where no appeal under subsection 135(6) has been made to the Minister for Industry, Technology and Commerce against the decision, the owner or importer may, subject to the Administrative Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of the decision; and

(c) except where subsection 28(4) of that Act applies—a statement to the effect that the owner or importer may request a statement under section 28 of that Act.

“(4) Failure to include in a notice under subsection (2) or (3) a statement of the kind referred to in paragraph (2)(b) or (c) or (3)(b) or (c), as the case requires, does not affect the validity of the decision to which the notice relates.

“(5) Subject to subsection (6), application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.

“(6) Application may not be made to the Administrative Appeals Tribunal for review of a reviewable decision referred to in paragraph (1)(c) if a person has appealed to the Minister for Industry, Technology and Commerce against the decision under subsection 135(6).

“(7) Where an application is made to the Administrative Appeals Tribunal for review of a reviewable decision referred to in paragraph (1)(c), a person is not entitled to appeal to the Minister for Industry, Technology and Commerce against that decision under subsection 135(6).

“(8) In this section:

‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975.”.

Note: This section re-enacts the terms of section 22 of the Amending Act, except that the new section 195B does not include references to section 135ZZU. That section was inserted in the Principal Act by a provision of the Amending Act which is not re-enacted by this Act.

Application and repeal of section 200A

8.(1) Section 200A of the Principal Act is taken to have ceased to apply, on 29 January 1990, to an eligible item that is a sound broadcast, a television broadcast, or a work, sound recording or cinematograph film included in a sound or television broadcast.

(2) Section 200A of the Principal Act is taken to have been repealed on 1 July 1990.

Note: This section re-enacts the terms of section 25 of the Amending Act.

Inspection of records and declarations retained by libraries, archives or institutions

9.(1) Section 203E of the Principal Act is amended as set out in paragraphs 27(1)(a) to (p) of the Amending Act.

(2) Section 203E of the Principal Act is further amended as set out in paragraphs 27(3)(d) and (f) of the Amending Act.

Savings

10. In spite of anything in this Act:

(a) the Principal Act, as in force immediately before 29 January 1990, continues to apply in relation to a copy of a television broadcast made in reliance on section 200A of the Principal Act; and

(b) the Principal Act, as in force immediately before 1 July 1990, continues to apply in relation to a copy of a work or other subject-matter made in reliance on section 53A, 53B, 53C, 53D or 200A of the Principal Act;

until the end of the period of 4 years beginning on the day on which the copy was made.

Note: This section re-enacts the terms of section 29 of the Amending Act.

Declarations by the Attorney-General

11. A declaration made by the Attorney-General before the commencement of this section under section 135P or 135ZZB of the Principal Act as purported to be amended by the Amending Act is taken:

(a) to have been made under the Principal Act as amended by this Act; and

(b) to have taken effect on the day the declaration purported to take effect.

Regulations

12. Where:

(a) regulations were made, before the commencement of this section, under a provision of the Principal Act as purported to be amended by the Amending Act; and

(b) the provision of the Principal Act as amended by this Act is in the same terms as the provision referred to in paragraph (a);

those regulations are taken to have been made under the Principal Act as amended by this Act and to have taken effect on the day they purported to take effect.

Repeal of Amending Act

13. The Copyright Amendment Act 1989 is repealed.

SCHEDULE Subsection 2(2)

COMMENCEMENT OF RE-ENACTED PROVISIONS

Provision of Amending Act setting out the terms of the amendment	Provision of this Act enacting the amendment	Date of commencement
Sections 3, 5, 7, 12, 13, 21 and 28	Section 4	1 October 1989
Section 22	Section 7	1 October 1989
Sections 4, 14, 18 and 23	Section 4	29 January 1990
Section 25	Section 8	29 January 1990
Section 27	Section 9	29 January 1990
Section 29	Section 10	29 January 1990
Sections 6 and 24 and paragraph 26(a)	Section 4	1 July 1990
Section 15	Section 5	1 July 1990
Section 19	Section 6	1 July 1990
Paragraphs 26(b)-(f)	Section 4	2 July 1990
Sections 8-11 and 17	Section 4	1 October 1990
Schedule items 1, 4, 10, 12, 14, 19, 25 and 26	Section 4	1 October 1989
Schedule items 48, 49 and 53	Section 4	29 January 1990
Schedule items 2, 3, 6-9, 11, 13, 15, 18, 21-24, 27-47 and 50-52	Section 4	1 July 1990
Schedule items 5, 16, 17 and 20	Section 4	1 October 1990

Note: The dates shown in this table are the dates on which the provisions of the Amending Act were, under the Amending Act, proclaimed to commence.

NOTE

1. No. 63, 1968, as amended. For previous amendments, see No. 216, 1973; Nos. 37 and 91, 1976; No. 160, 1977; No. 19, 1979; No. 154, 1980; Nos. 42 and 61, 1981; No. 113, 1981 (as amended by No. 154, 1982); Nos. 26, 80 and 154, 1982; Nos. 7, 80, 91 and 136, 1983; Nos. 43 and 165, 1984; Nos. 65 and 67, 1985; Nos. 78 and 168, 1986; No. 23, 1987; No. 146, 1988; Nos. 28 and 32, 1989; Nos. 174 and 180, 1991; and Nos. 105 and 167, 1992.

[Minister’s second reading speech made in—

Senate on 20 October 1993

House of Representatives on 24 November 1993]

Overview

The Copyright Amendment (Re-enactment) Act 1993 was enacted by the Parliament of Australia to address the need for re-enacting certain provisions of the Copyright Amendment Act 1989 and to ensure the proper functioning and enforcement of copyright law. This Act serves to repeal the earlier amendment act and re-enact its provisions in order to maintain consistency and clarity in the legislative framework governing copyright. The objective of this Act is to provide a coherent and updated legislative text for copyright regulation, ensuring that the provisions of the Copyright Act 1968 are accurately reflected and enforceable. The Copyright Amendment (Re-enactment) Act 1993 introduces amendments to the Principal Act by re-enacting specific sections of the Copyright Amendment Act 1989, thereby ensuring that the changes made by the earlier Act are preserved and continue to operate effectively. Additionally, it inserts new provisions, such as the review of certain decisions and amendments to the inspection of records and declarations retained by libraries, archives, or institutions. The Act also provides for the repeal of the Copyright Amendment Act 1989 once its provisions have been successfully re-enacted, thereby consolidating the legislative changes into the Principal Act.

Scope and Application

The Copyright Amendment (Re-enactment) Act 1993 applies to the re-enactment of certain provisions of the Copyright Amendment Act 1989, thereby amending the Copyright Act 1968. The Act applies to persons, entities, and industries that engage in activities related to copyright, such as the creation, distribution, and use of copyrighted materials. The geographic reach of this Act is national, as it pertains to the Commonwealth of Australia. The Act re-enacts specific sections of the Copyright Amendment Act 1989, which were previously in force, and it also inserts new provisions into the Principal Act. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it is likely that certain conditions and limitations would be defined within the re-enacted provisions and newly inserted sections. The application of the Act can be extended or restricted through subordinate instruments, such as regulations, which may provide further detail or clarification on the provisions enacted by this legislation.

Key Provisions

The Copyright Amendment (Re-enactment) Act 1993 serves to re-enact certain provisions from the Copyright Amendment Act 1989 and to make several amendments to the Copyright Act 1968 (Cth). Specifically, sections 3 to 14, 17, 18, 21, 23, 24, 26, and 28 of the Copyright Amendment Act 1989 are re-enacted, along with the Schedule of that Act (section 4). Additionally, a new Part VB is inserted into the Copyright Act 1968, new sections 153C and 153D are introduced, and a new section 195B concerning the review of certain decisions is added (sections 5, 6, and 7). The Act imposes several obligations on the parties and entities it governs. The Attorney-General and the Comptroller-General of Customs are required to notify the relevant parties of their reviewable decisions and inform them of their right to seek review by the Administrative Appeals Tribunal, as well as the possibility of requesting a statement under the Administrative Appeals Tribunal Act 1975 (section 195B). It also mandates that certain decisions by the Attorney-General and the Comptroller-General of Customs be subject to review by the Administrative Appeals Tribunal, with specific conditions governing the process (section 195B). Furthermore, the Act specifies that certain decisions by the Attorney-General, such as refusals to make or revocations of declarations, must include specific statements regarding the right to seek review and request a statement (section 195B(2)). There are no explicit offences, penalties, or civil/criminal consequences mentioned within the text of the Act itself. However, the Act refers to the Administrative Appeals Tribunal Act 1975, which outlines the procedures for reviews and the potential consequences of decisions made by the Tribunal. Penalties and consequences for breaches of copyright laws generally would be found within the Copyright Act 1968 and related legislation, which could include substantial fines and imprisonment for serious infringements. For instance, infringements of copyright can lead to penalties of up to $175,000 for individuals and $875,000 for corporations, along with potential imprisonment terms.

Area of Law: Intellectual Property Law
Instrument: Act
Concepts: Commencement Provisions; Definitions & Interpretation; Repeal & Amendment; Regulatory Standards; Licensing & Registration; Prohibited Conduct

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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