EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 4
Subject - Copyright Act 1968
Copyright Regulations (Amendment)
Repeal of Regulations 4 and 4A and Schedules 1, 1A and 2
Section 249 of the Copyright Act 1968 provides that the Governor-General may make regulations, not inconsistent with the 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 the Act.
The amendments to the Copyright Regulations remove existing regulations 4 and 4A, and Schedules 1, 1A and 2, whose operation is exhausted.
The purpose of the existing regulation 4 and Schedules 1 and 1A was to facilitate the operation of an earlier form of the definition of “educational institution” in subsection 10(1) of the Copyright Act 1968. Under the definition certain “borderline” institutions could be declared in the regulations to fall within the definition. Since amendments to the definition effected by the Statute Law (Miscellaneous Provisions) Act (No.2) 1984, a mere Gazette notice has sufficed. The effect of existing declarations in the Schedule was preserved by section 7 of the last-mentioned Act. In view of this, regulation 4 and Schedules 1 and 1A have exhausted their operation and have been repealed.
The purpose of existing regulation 4A and Schedule 2 was to facilitate in similar fashion the operation of the definition of “institution assisting handicapped readers” in subsection 10(1) of the Copyright Act 1968. Gazette notices now suffice, under amendments made by the Statute Law (Miscellaneous Provisions) Act (No.2) 1984. As their effect is similarly preserved, regulation 4A and Schedule 2 have been repealed.