EXPLANATORY STATEMENT
1983 NO 128
COPYRIGHT REGULATIONS (AMENDMENT)
Section 249 of the Copyright Act 1968 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act makes provision for the reproduction of works by educational institutions (section 53B) and institutions assisting handicapped readers (section 53D). Records of such copying have to be kept, but institutions may opt to deposit them with a central records authority (sections 203B or 203 G).
A central records authority is defined in section 10 of the Act to include a body -
“(a) which is established for the purpose of holding records that are deposited with it under section 203B or 203G in respect of copies of works and parts of works made by educational institutions in reliance on section 53B and by institutions assisting handicapped readers in reliance on section 53D; and
(b) which is declared by the regulations to be a central records authority for the purposes of this Act;”.
New Regulation 1 inserts Regulation 3A to declare the Australian Trade Union Training Authority Central Records Authority to be a central records authority for the purposes of the Act.
An educational institution is defined in section 10 to include -
“(d) an institution ... which has, as its principal function, the provision of courses of study or training for the purpose of general education or of preparation for a particular occupation or profession and is declared by the regulations to be an institution to which this paragraph applies;”.
Regulation 4 of the Copyright Regulations declares each of the institutions specified in Schedule 1 to the Regulations to be an institution to which paragraph (d) of the definition of “educational institution” in section 10 of the Act applies. New regulation 2 amends Schedule 1 by including the following institutions:
Australian Institute of Management
New South Wales Division Training Centre
135 Walker Street
NORTH SYDNEY. N.S.W. 2060
Burleigh College
134 The Parade
NORWOOD. S.A. 5067
Jesuit Theological College
175 Royal Parade
PARKVILLE. VIC. 3052
Leo Cussen Institute for Continuing
Legal Education
408 La Trobe Street
MELBOURNE. VIC. 3000
Luther Seminary
Jeffcott Street
NORTH ADELAIDE. SA. 5006
St. Barnabas’ Theological College
Gloucester Avenue
BELAIR. S.A. 5052
Sydney College of Chiropractic Ltd
7 The Esplanade
ASHFIELD. N.S.W. 2131
Taylors Institute of Advanced Studies Ltd
114 Albert Road
SOUTH MELBOURNE. VIC. 3205
The New South Wales College of Nursing
55 Hereford Street
GLEBE. N.S.W. 2037
Trinity Theological College
83 Ryans Road
ST. LUCIA. QLD. 4067
West Metropolitan Group School of Nursing
Westmead Centre
WESTMEAD. N.S.W. 2145
Workers Education Association of South Australia
264 Halifax Street
ADELAIDE. S.A. 5000
An institution assisting handicapped readers is defined in section 10 of the Act to include -
“(a) an educational institution; or
(b) any other institution, not being an institution conducted for the profit, direct or indirect, of an individual or individuals, that has as its principal function, or one of its principal functions, the provision of literary or dramatic works to handicapped readers and that is declared by the regulations to be, for the purposes of this Act, an institution assisting handicapped readers;”.
Regulation 4A of the Copyright Regulations declares, for the purposes of paragraph (b) of the definition of “institution assisting handicapped readers” each of the institutions specified in Schedule 2 to the Regulations to be, for the purposes of the Act, an institution assisting handicapped readers.
New Regulation 3 amends Schedule 2 by including the following institution -
Yooralla Society of Victoria
52 Thistlethwaite Street
SOUTH MELBOURNE. VIC. 3205
The circumstances of each of the bodies has been checked to ensure that each meets the requirements of a central records authority, an educational institution or an institution assisting handicapped readers as the case requires.