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 In view of this, regulation 4 and Schedules 1 and 1A have exhausted their operation and have been repealed.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 As their effect is similarly preserved, regulation 4A and Schedule 2 have been repealed.
Overview
The Copyright Regulations (Amendment) 1990 is an instrument made under the authority of the Copyright Act 1968, with the purpose of repealing certain outdated regulations and schedules that no longer serve a practical function. The Copyright Act 1968, enacted by the Australian Parliament, established the legal framework for copyright in Australia, aiming to protect the rights of creators and ensure a balanced environment for the dissemination of creative works. The amendments made by the Statutory Rules 1990 No. 4 focus on removing regulations 4 and 4A and schedules 1, 1A, and 2, which previously facilitated the operation of definitions concerning "educational institutions" and "institutions assisting handicapped readers" by allowing for certain borderline institutions to be declared in the regulations. Following legislative changes in 1984, these definitions can now be updated through simple Gazette notices, rendering the repealed regulations and schedules redundant. This streamlining aims to simplify the administration and enforcement of copyright laws by eliminating unnecessary regulatory steps.
Scope and Application
The Copyright Regulations (Amendment) Repeal of Regulations 4 and 4A and Schedules 1, 1A and 2 Statutory Rules 1990 No. 4 applies to the Commonwealth of Australia and amends the Copyright Regulations under the Copyright Act 1968. Specifically, these regulations concern the definitions of "educational institution" and "institution assisting handicapped readers" as outlined in subsection 10(1) of the Copyright Act. The repealed regulations and schedules previously facilitated the operation of these definitions by allowing for the declaration of certain "borderline" institutions within these definitions. However, due to legislative amendments made by the Statute Law (Miscellaneous Provisions) Act (No.2) 1984, these functions are now adequately served through Gazette notices, rendering the existing regulations and schedules obsolete. Therefore, regulations 4 and 4A, along with Schedules 1, 1A, and 2, have been repealed to streamline and update the regulatory framework in line with the current legislative provisions.
Key Provisions
The main operative sections of these amendments to the Copyright Regulations concern the repeal of Regulations 4 and 4A and Schedules 1, 1A and 2, as stated in section 249 of the Copyright Act 1968 (1). This section allows the Governor-General to make regulations that are necessary to carry out or give effect to the Act. The repealed regulations and schedules were previously used to facilitate the operation of definitions within the Act, specifically for "educational institution" and "institution assisting handicapped readers." However, subsequent amendments have made these regulations obsolete as Gazette notices now suffice to declare borderline institutions within these definitions.
The Copyright Regulations (Amendment) removes these regulations and schedules because their original purpose has been rendered unnecessary by changes in the law. Specifically, the Statute Law (Miscellaneous Provisions) Act (No.2) 1984 amended the Act in a way that made the existing regulations and schedules redundant. This amendment allows for the definitions to be updated via Gazette notices rather than through specific regulatory declarations, preserving the effect of previous declarations.
The obligations and requirements imposed by these regulations were primarily to ensure that certain institutions could be declared as either "educational institutions" or "institutions assisting handicapped readers" under the Copyright Act. This allowed for a more flexible approach to applying the copyright laws to these specific types of institutions. With the repeal of these regulations and schedules, the obligations now rest on the issuance of Gazette notices to make such declarations, simplifying the process and making it more straightforward for institutions to be recognised under the Act.
In terms of potential offences, penalties, or consequences for breaches of the repealed regulations, there are no specific provisions outlined within this amendment. The repeal of these regulations does not introduce new offences or penalties; instead, it streamlines the process for declaring institutions under the Act. However, any breaches of the Copyright Act itself, such as unauthorised use of copyrighted material, would still incur penalties as prescribed elsewhere in the Act. The maximum penalties for breaches of the Copyright Act can include substantial fines and imprisonment, depending on the nature and severity of the infringement.