EXPLANATORY STATEMENT
COPYRIGHT TRIBUNAL (PROCEDURE) REGULATIONS
(AMENDMENT)
1987 No 35
Section 249 of the Copyright Act 1968 (‘the Act’) provides that the Governor-General may, among other things, make regulations that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Sub-section 166(1) of the Act provides, among other things, that the regulations may prescribe the fees and expenses of witnesses in proceedings before the Copyright Tribunal (‘the Tribunal’).
Regulation 47 of the Copyright Tribunal (Procedure) Regulations (‘the Procedure Regulations’) and the Third Schedule thereto make provision with respect to, and prescribe, witnesses fees and expenses for the purposes of sub-section 166(1).
The Copyright Amendment Act 1986 came into effect on proclamation. Among other things, it amended section 174 of the Act so that, in effect, costs taxed or settled by the Tribunal or a taxing officer shall be so taxed or settled in accordance with the Federal Court Rules which contain a scale of witnesses fees and expenses.
The difficulty which led to the amendment of the Procedure Regulations was that the amounts specified in the Third Schedule to those Regulations did not correspond to the amendments applicable under the Second Schedule to the Federal Court Rules which dealt with costs upon the commencement of the amendments to section 174. Sub-regulation 47(1) and the Third Schedule were, therefore, inconsistent with those Rules and the amendments to section 174 of the Act.
Regulation 1 of the regulations provides that, in those regulations, ‘Principal Regulations’ means the Copyright Tribunal Procedure Regulations.
Regulation 2 of the regulations repeals regulation 47 of the Principal Regulations and substitutes a new regulation which specifies who must pay witnesses fees and expenses in Tribunal proceedings.
Regulation 3 of the regulation repeals the Third Schedule to the Principal Regulations.
Overview
The Copyright Tribunal (Procedure) Regulations (Amendment) 1987 No. 35 was enacted to address inconsistencies between the Copyright Tribunal Procedure Regulations and the Federal Court Rules following the amendments to section 174 of the Copyright Act 1968 by the Copyright Amendment Act 1986. This amendment to the Procedure Regulations was necessitated by the fact that the amounts specified in the Third Schedule of the Procedure Regulations did not align with the new scale of witnesses fees and expenses set out in the Second Schedule of the Federal Court Rules. The objective of these regulations, as outlined in the explanatory statement, is to ensure that the fees and expenses of witnesses in proceedings before the Copyright Tribunal are consistent with those prescribed by the Federal Court Rules. These regulations were made under the authority granted by section 249 of the Copyright Act 1968, which empowers the Governor-General to make regulations necessary or convenient to carry out the provisions of the Act.
Scope and Application
The Explanatory Statement for the Copyright Tribunal (Procedure) Regulations (Amendment) 1987 No 35 addresses amendments made to the existing Copyright Tribunal Procedure Regulations to align them with changes introduced by the Copyright Amendment Act 1986. The Copyright Amendment Act 1986 altered section 174 of the Copyright Act 1968, necessitating changes in the regulations governing witness fees and expenses to reflect the new rules established by the Federal Court Rules. Specifically, the amendments ensure that the fees and expenses for witnesses in proceedings before the Copyright Tribunal are consistent with the updated cost structure outlined in the Federal Court Rules. Regulation 2 of the new amendment replaces the previous regulation 47 of the Principal Regulations, detailing the parties responsible for payment of witness fees and expenses, while Regulation 3 repeals the Third Schedule of the Principal Regulations. These amendments are necessary to rectify inconsistencies between the existing regulations and the updated Federal Court Rules, thereby ensuring compliance with the legislative changes enacted by the Copyright Amendment Act 1986.
Key Provisions
The key operative sections of the Copyright Tribunal (Procedure) Regulations (Amendment) 1987 No. 35 pertain to the alignment of witness fees and expenses with the Federal Court Rules. Regulation 2 replaces the previous regulation 47, which had become inconsistent with the amendments to section 174 of the Copyright Act 1968. This new regulation specifies who must pay witness fees and expenses in Tribunal proceedings, ensuring that these payments are in line with the Federal Court Rules. Regulation 3 repeals the Third Schedule to the Principal Regulations, which previously contained outdated fee and expense provisions.
The obligations imposed by these regulations on parties and entities involved in proceedings before the Copyright Tribunal are primarily concerned with the payment of witness fees and expenses. Under the amended regulation 47, the party who successfully resists a claim for copyright infringement must pay the witness fees and expenses incurred by the other party. This obligation ensures that costs are borne by the party who ultimately fails in their claim, aligning with the principles outlined in the Federal Court Rules.
The regulations do not explicitly state any new offences or penalties for breach; however, failure to comply with the amended provisions could potentially lead to disputes over the payment of witness fees and expenses. This could result in the unsuccessful party being required to pay additional costs, as determined by the Tribunal or a taxing officer in accordance with the Federal Court Rules. It is important for parties to adhere to the new provisions to avoid any unnecessary financial burden or litigation over costs.
The maximum penalties for non-compliance with these regulations are not specified within the text of the Explanatory Statement, but it is implied that any disputes over the payment of witness fees and expenses would be resolved in accordance with the Federal Court Rules. These rules provide a framework for the taxation and settlement of costs, which would be applied by the Tribunal or a taxing officer. The consequences of non-compliance could include financial liability for the party that fails to pay the appropriate fees and expenses, as well as potential delays or complications in the proceedings.