Copyright Amendment Regulations 1998 (No. 1)

Administered by Attorney-General's Department

Legislation au F1998B00376 Regulations Not in force Legislative Instrument

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Copyright Amendment Regulations 1998 (No. 1) 1998 No. 359

EXPLANATORY STATEMENT

STATUTORY RULES 1998 NO. 359

Issued by the authority of the Attorney-General

Copyright Act 1968

Copyright Amendment Regulations 1998 (No. 1)

The Copyright Act 1968 (the Copyright Act) is in practice the exclusive source of copyright in Australia. Section 249 of the Copyright Act provides that the GovernorGeneral may make regulations, not inconsistent with that Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to that Act.

The Copyright Regulations 1969 (the Principal Regulations) prescribe matters relating to, amongst other things, copyright in original works and other subject-matter, remedies for copyright infringement, and the copying of broadcasts by educational and other institutions.

The Copyright Amendment Regulations 1998 (No. 1) (the Amendment Regulations), made under the authority of section 249, update the Principal Regulations in order to achieve consistancy with the Copyright Act following the enactment of the Copyright Amendment Act (No. 1) 1998 (the Copyright Amendment Act). The Copyright Amendment Act made a number of changes to provisions in the Copyright Act which have related regulations in the Principal Regulations.

The majority of the amendments to the Principal Regulations involve minor changes in terminology, that is, replacing references to "broadcast" with "transmission", "printhandicapped" with "print disability" and "Comptroller-General" with "CEO", where applicable. Other amendments update regulations which relate to provisions of the Copyright Act recently amended by the Copyright Amendment Act, and repeal regulations which refer to previously repealed provisions of the Copyright Act.

Details of the Amendment Regulations are set out in the Attachment.

The Amendment Regulations commence on gazettal.

ATTACHMENT

Regulation 1 names the regulations the Copyright Amendment Regulations 1998 and inserts the appropriate number.

Regulation 2 provides for the regulations to commence on gazettal.

Regulation 3 provides that the Copyright Regulations (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1, Item 1 amends the title of the Principal Regulations, in accordance with current drafting practice, to the Copyright Regulations 1969.

Schedule 1, Item 2 replaces "print-handicapped" in the heading of regulation 4C with "print disability". This amendment ensures consistency with the terminology used in the Copyright Act 1968 (the Copyright Act). Pursuant to Schedule 5 of the Copyright Amendment Act (No. 1) 1998 (the Copyright Amendment Act), references to "printhandicapped" in the Copyright Act were replaced with "print disability".

Schedule 1, Item 3 repeals regulation 21 and inserts a new regulation 21. The new subregulation 21(1) has the same effect as the former subregulation 21(3), but the structure of the subregulation is now simplified.

Subregulation 21 (1) also replaces references to "Comptroller-General" with "CEO". This amendment ensures regulation 21 is consistent with changes to the terminology used in the Copyright Act. Schedule 8 of the Copyright Amendment Act amended the Copyright Act such that references to "Comptroller-General" were replaced by "CEO".

New subregulation 21(2) provides that "CEO" has the same meaning in regulation 21 as it does in Division 7 of Part V of the Copyright Act.

Schedule 1, Item 4 repeals regulation 22 and inserts a new regulation 22, consistently with recent changes to section 135AC of the Copyright Act introduced by the Copyright Amendment Act. Formerly, regulation 22 referred to the previously replaced "paragraph 135AC(2)(a)" of the Copyright Act with respect to the "prescribed period" for instituting an action for copyright infringement. In regulation 22, the "specified period" is now referred to in respect of "subparagraph 135AC(2)(c)(i)" of the Copyright Act.

Schedule 1, Item 5 repeals regulation 23A and inserts a new regulation 23A, consistently with recent changes to Part VA of the Copyright Act introduced by Schedule 10 of the Copyright Amendment Act. Schedule 10 of the Copyright Amendment Act replaced references to "broadcast" with "transmission".

Accordingly, regulation 23A provides that "transmission" has the same meaning in the Principal Regulations as it now does in the Copyright Act.

Schedule 1, Item 6 substitutes references to "broadcast" in regulation 23B with "transmission". This amendment ensures consistency with the terminology now used in the related section of the Copyright Act, that is, section 135K. This section of the Copyright Act was amended by the Copyright Amendment Act, in which references to "broadcast" in Part VA of the Copyright Act (which includes section 135K) were replaced with "transmission".

References to "broadcast" in regulations 23C, 23E and 23F are replaced by "transmission" for the same reason (see Items 7-9).

Schedule 1, Item 10 repeals Part 6 of the Principal Regulations. Part 6 is repealed because it relates to the previously repealed Part VC of the Copyright Act.

Part VC of the Copyright Act was repealed by the Copyright Amendment (Re-enactment) Act 1993, following the High Court's decision in Australian Tape Manufacturers Association Ltd v Commonwealth of Australia (1993) 176 CLR 480. In this case, the High Court declared Part VC to be invalid.

Schedule 1, Item 11 substitutes "print disability" for "print-handicapped" in the heading of Schedule 3A of the Principal Regulations. This amendment ensures consistency with the terminology now used in the Copyright Act, given that Schedule 5 of the Copyright Amendment Act replaced references to "print-handicapped" in the Copyright Act with "print disability".

References to "print-handicapped" in the heading of Schedule 3B to the Principal Regulations are replaced by "print disability" for the same reason (see Item 12).

References to "broadcast" in the heading of Schedule 11 AA to the Principal Regulations and in items 1,3,4,5,6 and 7 of that Schedule are substituted by "transmission", as set out in Items 13 and 14, for the same reason that regulation 23B was amended (see Item 6).

 

Overview

The Copyright Amendment Regulations 1998 (No. 1) were introduced to ensure that the Copyright Regulations 1969 remained consistent with the amendments made to the Copyright Act 1968 by the Copyright Amendment Act (No. 1) 1998. The Copyright Amendment Regulations 1998 (No. 1) were made under the authority of section 249 of the Copyright Act, which allows the Governor-General to make regulations necessary to carry out the Act. The objective of these regulations was to update the Principal Regulations by replacing outdated terminology and updating references to provisions recently amended or repealed in the Copyright Act. The Copyright Amendment Regulations 1998 (No. 1) were issued by the authority of the Attorney-General and commenced on gazettal. These amendments primarily involved updating terminology to reflect changes in the Copyright Act, such as replacing "broadcast" with "transmission", "print-handicapped" with "print disability", and "Comptroller-General" with "CEO". Additionally, the regulations repealed provisions that referred to repealed sections of the Copyright Act and inserted new regulations to align with recent legislative changes. By updating the terminology and references in the Principal Regulations, the Copyright Amendment Regulations 1998 (No. 1) ensured that the regulatory framework remained consistent with the statutory requirements and facilitated the enforcement of copyright law in Australia.

Scope and Application

The Copyright Amendment Regulations 1998 (No. 1) applies to entities and individuals within the Commonwealth of Australia who are subject to the provisions of the Copyright Act 1968. The regulation updates the existing Copyright Regulations 1969 to ensure consistency with the recently amended Copyright Act. This includes minor changes in terminology, such as replacing references to "broadcast" with "transmission" and "print-handicapped" with "print disability". Additionally, the regulation repeals outdated provisions that refer to previously repealed sections of the Copyright Act. The Amendment Regulations come into effect upon gazettal and are intended to ensure that the Copyright Regulations remain consistent with the current legislative framework. Any further extensions or restrictions of the application of these regulations may be made through subordinate instruments in accordance with the authority provided by section 249 of the Copyright Act.

Key Provisions

The main operative sections of the Copyright Amendment Regulations 1998 (No. 1) (the Amendment Regulations) involve the amendment of the Copyright Regulations 1969 (the Principal Regulations) to bring them in line with the Copyright Amendment Act (No. 1) 1998 (the Copyright Amendment Act). Regulation 3 specifies the amendments to the Principal Regulations, which are detailed in Schedule 1. These amendments primarily involve minor changes in terminology, such as replacing "broadcast" with "transmission" and "printhandicapped" with "print disability" (Reg. 2, Sch. 1, Items 2 and 6). Other amendments update regulations that relate to provisions of the Copyright Act recently amended by the Copyright Amendment Act and repeal regulations that refer to previously repealed provisions of the Copyright Act (Reg. 3, Sch. 1, Items 3, 4, 10, 11, 13, and 14). The Amendment Regulations impose certain obligations on the parties or entities governed by the Copyright Act and the Principal Regulations. The regulations require consistency in terminology across all related documents to ensure uniformity in interpretation and application of the law. For example, the use of "print disability" instead of "print-handicapped" ensures that the terminology used in the regulations is consistent with that used in the Copyright Act (Reg. 3, Sch. 1, Item 2). Similarly, the replacement of "Comptroller-General" with "CEO" ensures that the regulations reflect the most recent changes in the Copyright Act (Reg. 3, Sch. 1, Item 3). Additionally, the regulations must be updated to reflect changes in the Copyright Act, such as the repeal of Part VC, which was declared invalid by the High Court (Reg. 3, Sch. 1, Item 10). Breach of the provisions of the Copyright Act and the regulations can result in both civil and criminal consequences. Civil penalties for copyright infringement can include damages, account of profits, and an injunction to prevent further infringement (Copyright Act, s. 115). The maximum penalty for copyright infringement under the Copyright Act is $110,000 for individuals and $550,000 for corporations (Copyright Act, s. 128). Criminal penalties can also apply, with the maximum penalty for serious copyright offences being imprisonment for up to five years or a fine of up to $27,500 for individuals and $137,500 for corporations (Copyright Act, s. 215). The Amendment Regulations themselves do not impose additional penalties, but they ensure that the Principal Regulations are consistent with the Copyright Act, which sets out the applicable penalties.

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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.