EXPLANATORY STATEMENT
Statutory Rules 1984 No. 275
Issued by the Authority of the Attorney-General
COPYRIGHT REGULATIONS (AMENDMENT)
These regulations, made under section 249 of the Copyright Act 1968 (“the Act”), amend the Copyright Regulations.
Section 249 of the Act empowers the Governor-General to 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 Copyright Amendment Act 1980, which came into operation on 1 August 1981, introduced provisions which enable educational institutions and institutions assisting handicapped readers as defined in section 10 of the Act to copy certain works under the Statutory licence provisions contained in sections 53B and 53D of the Act respectively.
The term ‘educational institution’ is defined in section 10 of the Act as follows:
“‘educational institution’ means -
(a) a school or similar institution at which full-time primary education or full-time secondary education is provided or both full-time primary education and full-time secondary education are provided;
(b) a university, a college of advanced education or a technical and further education institution;
(c) an institution, other than an institution or a technical and further education institution that conducts courses of primary, secondary or tertiary education by correspondence or on an external study basis;
(d) an institution (other than an institution referred to in paragraph (a), (b) or (c)) 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; or
(e) any other institution which has, as its sole or principal function, the furnishing of material to educational institutions included in a class of educational institutions referred to in paragraphs (a), (b), (c) and (d) of this definition for the purposes of assisting the institutions in their teaching purposes and is declared by the regulations to be an institution to which this paragraph applies,
but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;”.
Regulation 4 of the Copyright Regulations declares each of the institutions specified in Schedule 1 of the Regulations to be an institution to which paragraph (d) of the definition of “educational institution” in section 10 of the Act applies. A number of institutions are currently specified in Schedule 1.
Regulation 1 amends Schedule 1 to include each of the following institutions in its appropriate position in alphabetical order in that Schedule:
• Australian Mineral Foundation Incorporated,
Conyngham Street,
GLENSIDE S.A. 5065
• Continuing Education for the Deaf,
16 Brentham Street,
LEEDERVILLE. W.A. 6007
The term “institution assisting handicapped readers” is defined in section 10 of the Act as follows:
“‘institution assisting handicapped readers’ means -
(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 each of the institutions specified in Schedule 2 of the Regulations to be an institution to which paragraph (b) of the definition of “institutions assisting handicapped readers” in section 10 of the Act applies. A number of institutions are currently specified in Schedule 2.
Regulation 2 amends Schedule 2 to include each of the following institutions in its appropriate alphabetical order in that Schedule:
• Queensland Braille Writing Association,
507 Ipswich Road,
ANNERLY QLD 4103
• Royal Society for the Blind of South Australia Inc.,
Blacks Road,
GILLES PLAINS SA 5086
• The Blind Society of the A.C.T., Inc.,
Griffin Centre,
Bunda Street,
CANBERRA CITY A.C.T. 2601