Copyright Tribunal (Procedure) Amendment Regulations 1998 (No. 1)

Administered by Attorney-General's Department

Legislation au F1998B00374 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Statutory Rules 1998 No. 357

Issued by the authority of the Attorney-General

Part VI of the Copyright Act 1968 (the Copyright Act) provides for the establishment of the Copyright Tribunal (the Tribunal) and sets out the Tribunal's membership, jurisdiction and some of its procedures.

Section 166 of the Copyright Act provides, in part, for regulations to be made for or in relation to the procedure in connection with the making of applications and references to the Tribunal and the regulation of Tribunal proceedings. Section 249 of the Copyright 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.

The Copyright Tribunal (Procedure) Regulations 1969 (the Principal Regulations) prescribe Tribunal procedures relating to, amongst other things, the content and form of applications and references to the Tribunal, the filing with the Tribunal and service of documents, the form and service of summons and the recording and notification of Tribunal orders.

The Copyright Tribunal (Procedure) Amendment Regulations 1998 (No. 1) (the Amendment Regulations) are made under the authority of sections 166 and 249 of the Copyright Act. The Amendment Regulations update the Principal Regulations in order to achieve consistency with the Copyright Act, following the enactment of the Copyright Amendment Act (No. 1) 1998 (the Copyright Amendment Act). The Copyright Amendment Act made a number of changes to provisions in the Copyright Act which have related regulations in the Principal Regulations.

The majority of the amendments to the Principal Regulations involve minor changes in terminology, that is, replacing references to "broadcast" and "broadcasts" with "transmission" and "transmissions" respectively, where applicable. Other amendments update the schedules to the Principal Regulations which relate to provisions in the Copyright Act amended by the Copyright Amendment Act, and repeal regulations which refer to previously repealed provisions of the Copyright Act.

Details of the Amendment Regulations are set out in the Attachment.

The Amendment Regulations commence on gazettal.

ATTACHMENT

Regulation 1 names the regulations the Copyright Tribunal (Procedure) Amendment Regulations 1998 and inserts an appropriate number.

Regulation 2 provides that the regulations commence on gazettal.

Regulation 3 provides that the Copyright Tribunal (Procedure) Regulations (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1, Item 1 amends the title of the Principal Regulations, in accordance with current drafting practice, to the Copyright Tribunal (Procedure) Regulations 1969.

Schedule 1, Item 2 omits the reference to "Part III - Inquiries by the Tribunal (Regulation 16)" from regulation 3. This omission is ancillary to the repeal of Part Ill made by Item 3 below.

Schedule 1, Item 3 repeals Part III of the Principal Regulations, which comprised regulation 16. Part III is repealed because regulation 16 related to the previously repealed section 148 of the Copyright Act 1968 (the Copyright Act).

Schedule 1, Item 4 replaces a reference to "broadcasts" in paragraph (e) of regulation 23A with "transmissions". This amendment ensures the terminology used in regulation 23A is consistent with that used in the related provision of the Copyright Act, that is subsection 135H(1). References to "broadcasts" in Part VA of the Copyright Act (which includes subsection 135H(1)) were replaced by "transmissions", following the recent enactment of the Copyright Amendment Act (No. 1) 1998 (the Copyright Amendment Act).

References to "broadcasts" in paragraph (f) of regulation 23A are replaced with "transmissions" for the same reason (see Item 5).

Schedule 1, Item 6 replaces a reference to "broadcasts" in subparagraph (e)(i) of regulation 23B with "transmissions". This amendment is consistent with the amendment of the related provision of the Copyright Act, that is, section 135J. References to "broadcasts" in section 135J of the Copyright Act were replaced by "transmissions", by virtue of Schedule 10 of the Copyright Amendment Act.

References to "broadcasts" in paragraph (f) of regulation 23B and in regulation 23C are replaced by "transmissions" for the same reason (see Items 7-9).

Schedule 1, Item 10 repeals regulation 25C of the Principal Regulations. This regulation is repealed because it related to the previously repealed subsection 153E(2) of the Copyright Act and is not relevant to the new section 153E inserted by the Copyright Amendment Act.

Schedule 1, Item 11 repeals subparagraph (1)(b)(ia) of regulation 34 of the Principal Regulations. Subparagraph 34(1)(b)(ia) is repealed because it related to the previously repealed section 153E of the Copyright Act and is not relevant to the new section 153E inserted by the Copyright Amendment Act.

Schedule 1, Item 12 substitutes the words "Member or the Secretary" for the word "Member" in the signature block in Form 2 in the First Schedule to the Regulations.

This amendment recognises that Schedule 7 of the Copyright Amendment Act extended the Tribunal's power to issue summonses, granted under subsection 167(2) of the Copyright Act, to the Secretary to the Tribunal. Formerly, Form 2 in the First Schedule to the Regulations recognised that only Tribunal members could issue summonses.

Overview

The Copyright Tribunal (Procedure) Amendment Regulations 1998 (No. 1) were enacted to align the Copyright Tribunal's procedural regulations with the amendments made to the Copyright Act 1968 by the Copyright Amendment Act (No. 1) 1998. These regulations, issued under the authority of sections 166 and 249 of the Copyright Act, update the Copyright Tribunal (Procedure) Regulations 1969 to ensure consistency and relevance following the legislative changes. The primary objective of these amendments is to rectify terminology discrepancies and remove outdated references within the Tribunal's procedural framework, thus facilitating a smoother and more coherent application of the Act's provisions. The regulations were enacted by the Governor-General and are intended to support the efficient administration of copyright-related matters by the Copyright Tribunal.

Scope and Application

The Copyright Tribunal (Procedure) Amendment Regulations 1998 (No. 1) serve to update the Copyright Tribunal (Procedure) Regulations 1969 to ensure they are consistent with the provisions of the Copyright Act 1968 as amended by the Copyright Amendment Act (No. 1) 1998. These regulations apply to the Copyright Tribunal, which is established under the Copyright Act, and cover procedural aspects related to applications and references to the Tribunal as well as the regulation of Tribunal proceedings. The Amendment Regulations primarily address minor changes in terminology, replacing references to "broadcast" and "broadcasts" with "transmission" and "transmissions" respectively, to align with the updated terminology in the Copyright Act. Additionally, the Amendment Regulations repeal certain provisions in the Principal Regulations that pertain to sections of the Copyright Act that have been repealed by the Copyright Amendment Act, thereby maintaining the coherence and relevance of the regulatory framework. These amendments are designed to facilitate the Tribunal's operation within the updated legal environment established by the recent legislative changes.

Key Provisions

The main operative sections of the Copyright Tribunal (Procedure) Amendment Regulations 1998 (No. 1) are focused on updating and aligning the existing Copyright Tribunal (Procedure) Regulations 1969 (the Principal Regulations) with changes made by the Copyright Amendment Act (No. 1) 1998. Regulation 3 of the Amendment Regulations specifies the amendments to the Principal Regulations. These amendments primarily involve updating terminology to ensure consistency with the updated Copyright Act. For instance, references to "broadcast" and "broadcasts" are replaced with "transmission" and "transmissions" respectively (Schedule 1, Items 4-9). Additionally, the Amendment Regulations repeal certain sections of the Principal Regulations that are no longer relevant due to changes in the Copyright Act (Schedule 1, Items 3, 10, and 11). They also update the signature block in Form 2 in the First Schedule to the Regulations to reflect the extended powers of the Secretary to issue summonses (Schedule 1, Item 12). The obligations and requirements imposed by the Amendment Regulations primarily concern the updating and alignment of existing procedures within the Principal Regulations to reflect changes in the Copyright Act. This includes ensuring that all terminology is consistent with the current legislative framework. For example, the use of "transmission" instead of "broadcast" ensures that the language in the regulations matches the updated definitions and provisions in the Copyright Act. Additionally, the regulations mandate the repeal of outdated provisions that were relevant to repealed sections of the Copyright Act, ensuring that the regulatory framework remains current and relevant. Under the Amendment Regulations, failure to comply with the updated procedures and terminology may lead to procedural inefficiencies or non-compliance with the Copyright Act. However, the Amendment Regulations themselves do not introduce new offences or penalties. Instead, they ensure that the existing regulatory framework operates in harmony with the amended Copyright Act. Any non-compliance with the procedures outlined in the Copyright Act, including the updated regulations, may result in legal consequences as prescribed under the Act. These consequences could include fines or other penalties as determined by the Copyright Tribunal or relevant courts, depending on the nature and severity of the non-compliance.

Area of Law: Intellectual Property Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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