EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 301
Subject - Copyright Act 1968
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 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.
Amendments have been made to the Copyright Regulations to enable changes of a formal nature to be made to regulation 17 of the Copyright Regulations. The need for the changes arises from the repeal and substitution of section 77 of the Act by section 11 of the Copyright Amendment Act 1989 which is to come into operation on 1 October 1990 (accompanying Minute No./C7 refers).
Details of the Regulations are set out in the Attachment.
ATTACHMENT
Details Of Copyright Regulations (Amendment)
Regulation 1; Commencement
This regulation provides for regulation 17 to commence on the commencement of section 11 of the Amendment Act.
Regulation 2: Amendment
Regulation 2 provides for the Copyright Regulations to be amended as set out in regulation 3.
Regulation 3: New regulation 17: Circumstances in which design is taken to be applied industrially
Regulation 3 omits the current regulation 17, which relates to the circumstances in which a design is, for the purposes of the current section 77 of the Act, to be deemed to be applied industrially, and substitutes a new regulation 17. The new regulation 17 has the same effect as its predecessor and has been re-made only to reflect a slight variation in terminology in the new subsection 77(4) of the Act.