WIPO Lex

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Copyright Regulations 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the

Commonwealth of Australia, acting with the advice of the Federal Executive Council,

make the following regulations.

Dated 14 December 2017

Peter Cosgrove

Governor-General

By His Excellency’s Command

Mitch Fifield

Minister for Communications

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Contents

Part 1—Preliminary 1 1 Name........................................................................................................................... 1

2 Commencement .......................................................................................................... 1

3 Authority..................................................................................................................... 1

4 Definitions .................................................................................................................. 1

Part 2—Copyright in original works 4 5 Notices to be displayed near library or archive machines used to make

infringing copies—paragraph 39A(b) of the Act ........................................................ 4

6 Notice requirements for communication of electronic reproduction by library

or archives—subparagraph 49(7A)(c)(ii) of the Act ................................................... 4

7 Notice of intended publication of unpublished work kept in public library—

paragraphs 52(1)(b) and (2)(b) of the Act ................................................................... 4

8 Countries in relation to which Division 6 of Part III of the Act applies—

subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act ................... 5

9 Notice of intended making of record of musical work ................................................ 5

10 Prescribed period relating to making of records of musical works—

subsection 55(3) of the Act ......................................................................................... 6

11 Inquiries relating to previous records of musical works—section 61 of the Act......... 6

12 Circumstances in which design is taken to be applied industrially—section 77

of the Act .................................................................................................................... 8

Part 3—Copyright in subject-matter other than works 9 13 Notices to be displayed near library or archive machines used to make

infringing copies—paragraph 104B(b) of the Act....................................................... 9

14 Prescribed period relating to public performance of recordings first published

outside Australia—paragraph 108(1)(b) of the Act..................................................... 9

15 Prescribed period relating to broadcasts of recordings not published in

Australia—subsection 109(3) of the Act..................................................................... 9

Part 4—Uses that do not infringe copyright 10 16 Bodies administering key cultural institutions—paragraph 113L(b) of the Act.........10

Part 5—Collecting societies 11 17 Rules of a collecting society—paragraphs 113W(d), 135ZZT(3)(d),

135ZZZO(7)(d) and 153F(6)(f) of the Act.................................................................11

Part 6—Limitation on remedies available against carriage service

providers 14

Division 1—Preliminary 14

18 Industry code—section 116AB of the Act .................................................................14

19 Designated representative ..........................................................................................14

20 Requirements for notifications and notices ................................................................14

Division 2—Conditions—cached copyright material 15

21 Notification relating to Category B activity ...............................................................15

Division 3—Conditions—copyright material found to be infringing by an

Australian court 16

22 Notice in relation to Category C and D activities.......................................................16

Division 4—Conditions—takedown of copyright material following notice 17

23 Application of this Division.......................................................................................17

24 Notice of claimed infringement .................................................................................17

25 Takedown procedure..................................................................................................17

26 Counter-notice ...........................................................................................................18

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27 Copy of counter-notice to be sent to copyright owner ...............................................18

28 Restoring copyright material......................................................................................18

Division 5—Conditions—procedure following takedown of copyright material

without notice from copyright owner, exclusive licensee or agent 20

29 Application of this Division.......................................................................................20

30 Notice to user .............................................................................................................20

31 Counter-notice ...........................................................................................................21

32 Restoring copyright material......................................................................................21

Division 6—Conditions—takedown of reference to copyright material

following notice from copyright owner, exclusive licensee or

agent 22

33 Application of this Division.......................................................................................22

34 Notice of claimed infringement .................................................................................22

35 Takedown procedure..................................................................................................22

Division 7—Civil remedies 23

36 Authority....................................................................................................................23

37 Action taken to comply with a condition ...................................................................23

38 Failure to restore or enable access to copyright material ...........................................23

39 Misrepresentations in notifications and notices .........................................................23

Part 7—Technological protection measures 25 40 Non-infringing acts enabled by circumvention of access control technological

protection measures that are not actionable—paragraphs 116AN(9)(c) and

132APC(9)(c) of the Act............................................................................................25

Part 8—Infringement notices and forfeiture of infringing articles and

devices 27

Division 1—Preliminary 27

41 Object of this Part ......................................................................................................27

42 Provisions subject to an infringement notice .............................................................27

Division 2—Infringement notices 29

43 When an infringement notice may be given...............................................................29

44 Matters to be included in an infringement notice .......................................................29

45 Extension of time to pay amount ...............................................................................30

46 Withdrawal of an infringement notice .......................................................................30

47 Effect of payment of amount......................................................................................31

48 Effect of this Part .......................................................................................................32

Division 3—Forfeiture of infringing articles and devices 33

49 Forfeiture of infringing articles and devices ..............................................................33

Part 9—Seizure of imported copies of copyright material 34 50 Definition of action period in section 134B of the Act ..............................................34

51 Definition of claim period in section 134B of the Act ...............................................34

52 Information to be given to Comptroller-General of Customs about objection

to importation of copies of works etc.—paragraph 135(8)(c) of the Act ...................34

53 Seizure of copies of works etc. imported into certain external Territories—

subsection 135(9) of the Act ......................................................................................34

54 Claim for release of seized copies—section 135AEA of the Act...............................35

Part 10—Retransmission of free-to-air broadcasts 37 55 Identity cards—subsection 135ZZQ(1) of the Act .....................................................37

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Part 11—Copyright Tribunal 38

Division 1—Preliminary 38

56 Authority....................................................................................................................38

57 Organizations treated like persons .............................................................................38

Division 2—General provisions 39

58 Seal of Tribunal .........................................................................................................39

59 Filing of documents ...................................................................................................39

60 Address for service ....................................................................................................39

61 Tribunal may direct alternative means of service or dispense with service................40

62 Notification of orders of Tribunal and of reasons ......................................................40

Division 3—Applications and references to the Tribunal 41

Subdivision A—General provisions about applications and references to the

Tribunal 41

63 Form, content and filing of application or reference to the Tribunal..........................41

64 Giving application or reference to other parties .........................................................41

65 Advertising of applications and references ................................................................41

66 Hearing of application or reference............................................................................42

Subdivision B—Provisions about particular kinds of applications and references

to the Tribunal 43

67 Matters to be included in application under subsection 47(3) of the Act ...................43

68 Matters to be included in application under paragraph 59(3)(b) of the Act ...............43

69 Matters to be included in application under subsection 70(3) of the Act ...................44

70 Matters to be included in application under subsection 107(3) of the Act .................44

71 Matters to be included in application under paragraph 108(1)(a) of the Act..............44

72 Matters to be included in application under paragraph 113P(4)(b) of the Act ...........45

73 Application under paragraph 113R(2)(b) of the Act ..................................................45

74 Matters to be included in application under paragraph 113S(4)(b) of the Act ...........46

75 Matters to be included in references under paragraph 113V(2)(c) of the Act ............47

76 Matters to be included in references under paragraph 113X(2)(b) of the Act ............47

77 Matters to be included in applications under subsection 113ZB(1) of the Act...........47

78 Matters to be included in application under subsection 135ZZM(1) of the Act .........48

79 Matters to be included in application under subsection 135ZZN(3) of the Act..........48

80 Matters to be included in references under paragraph 135ZZT(1A)(c) of the

Act .............................................................................................................................49

81 Matters to be included in references under paragraph 135ZZU(2)(b) of the

Act .............................................................................................................................49

82 Matters to be included in application under subsection 135ZZWA(1) of the

Act .............................................................................................................................49

83 Matters to be included in application under subsection 135ZZZS(1) of the Act........50

84 Matters to be included in application under subsection 152(2) of the Act .................50

85 Matters to be included in application under subsection 152(12) of the Act ...............51

86 Matters to be included in application under subsection 153F(1) of the Act ...............51

87 Matters to be included in application under subsection 153G(1) of the Act ..............51

88 Matters to be included in application under subsection 153K(1) of the Act ..............51

89 Matters to be included in reference under section 154 of the Act ..............................52

90 Reference of existing licence scheme under section 155 of the Act...........................52

91 Reference under section 156 of the Act .....................................................................53

92 Application for leave under subsection 156(2) of the Act to refer licence

scheme to the Tribunal...............................................................................................54

93 Application under subsection 157(1) of the Act.........................................................55

94 Application under subsection 157(2) of the Act.........................................................55

95 Application under subsection 157(3) of the Act.........................................................56

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96 Applications under subsection 157(4) of the Act .......................................................56

97 Application under subsection 183(5) of the Act.........................................................57

98 Matters to be included in applications under subsection 183F(1) of the Act .............58

Subdivision C—Applications ancillary to Tribunal proceedings 58

99 Application to be made a party to a Tribunal proceeding ..........................................58

100 Application for order about matter related to Tribunal proceeding............................59

101 Consenting to order about matter related to Tribunal proceeding ..............................59

102 When notice or copy of application under section 100 need not be given .................59

103 Dealing with application under section 100 ...............................................................60

Division 4—Ancillary matters 61

Subdivision A—General 61

104 Consolidating applications and references .................................................................61

105 Directions as to procedure..........................................................................................61

106 Request as to constitution of Tribunal........................................................................62

107 Withdrawal of application or reference......................................................................62

108 Amendment of documents .........................................................................................63

Subdivision B—References of questions of law to Federal Court of Australia 63

109 Request for reference of question of law to Federal Court of Australia .....................63

110 Fixing new date for hearing if party requests reference of question of law to

Federal Court of Australia..........................................................................................64

111 Adjournment of Tribunal proceeding pending decision of Federal Court of

Australia.....................................................................................................................64

112 Tribunal proceeding after determination of question of law by Federal Court

of Australia ................................................................................................................64

113 Prescribed period for purposes of subsection 161(2) of the Act.................................65

114 Prescribed period for purposes of subsection 161(3) of the Act.................................65

115 Suspension of orders of Tribunal pending reference of question of law to

Federal Court of Australia..........................................................................................65

116 Modified operation of Part VI of the Act in relation to suspended Tribunal

orders .........................................................................................................................65

Division 5—Miscellaneous 66

117 Parties to Tribunal proceeding are also parties to ancillary application

connected with Tribunal proceeding ..........................................................................66

118 Extension of time .......................................................................................................66

119 Fees for copies ...........................................................................................................66

120 Payment of witnesses’ fees and expenses ..................................................................66

121 Summons ...................................................................................................................67

122 Power to exempt from procedural requirements ........................................................67

123 Effect of non-compliance with this Part.....................................................................67

Part 12—The Crown 68 124 Information on use of copyright material for services of the Crown—

subsection 183(4) of the Act ......................................................................................68

Part 13—Extension or restriction on operation of Act 69 125 International organizations to which the Act applies—subsection 186(1) of

the Act........................................................................................................................69

Part 14—Moral rights 70 126 Other information and particulars for notices under section 195AT of the Act .........70

Part 15—Miscellaneous 72 127 Period for keeping declarations relating to copying in library or archives—

subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act ..............................72

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Part 16—Transitional matters 73 128 Directions about information relating to objection to import of copyright

material ......................................................................................................................73

129 Objection to import of copyright material into Norfolk Island ..................................73

130 Limitation on remedies available against carriage service providers .........................73

131 Things done under the Copyright Tribunal (Procedure) Regulations 1969 ...............74

Schedule 1—Form of notice near machine for copying works,

published editions or audio-visual items 75

Part 1—Text of notice near machine for copying works or published

editions 75

Part 2—Text of notice near machine for copying works, published editions

or audio-visual items 76

Part 3—Text of notice near machine for copying audio-visual items 77

Schedule 2—Forms for Part 6 78

Part 1—Form of notification relating to cached copyright material 78

Part 2—Form of notice relating to copyright material found to be

infringing by Australian court 80

Part 3—Form of notice by owner, licensee or agent of claimed infringement

by storage of copyright material 81

Part 4—Form of counter-notice in response to notice by copyright owner,

licensee or agent of claimed infringement 83

Part 5—Form of counter-notice in response to takedown of copyright

material without notice from copyright owner, licensee or agent 85

Part 6—Form of notice by owner, licensee or agent of claimed infringement

by reference to infringing copyright material 87

Schedule 3—Forms of summons 89

Part 1—Summons to witness 89

Part 2—Summons to produce documents or articles 90

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Part 1—Preliminary

1 Name

This instrument is the Copyright Regulations 2017.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences,

or is taken to have commenced, in accordance with column 2 of the table. Any

other statement in column 2 has effect according to its terms.

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

1. Sections 1 to 3 and

anything in this

instrument not

elsewhere covered by

this table

The day after this instrument is registered. 19 December 2017

2. Section 4 At the same time as Schedule 1 to the Copyright

Amendment (Disability Access and Other Measures)

Act 2017 commences.

22 December 2017

3. Parts 2 to 6 At the same time as Schedule 1 to the Copyright

Amendment (Disability Access and Other Measures)

Act 2017 commences.

22 December 2017

4. Part 7 1 April 2018. 1 April 2018

5. Parts 8 to 16 At the same time as Schedule 1 to the Copyright

Amendment (Disability Access and Other Measures)

Act 2017 commences.

22 December 2017

6. Schedules 1 to 3 At the same time as Schedule 1 to the Copyright

Amendment (Disability Access and Other Measures)

Act 2017 commences.

22 December 2017

Note: This table relates only to the provisions of this instrument as originally made. It will

not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument.

Information may be inserted in this column, or information in it may be edited, in

any published version of this instrument.

3 Authority

This instrument is made under the Copyright Act 1968.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the

following:

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(a) adaptation;

(b) artistic work;

(d) body administering;

(e) carriage service provider;

(f) cinematograph film;

(g) collecting society;

(h) copy;

(i) copyright material;

(j) device;

(k) dramatic work;

(l) educational institution;

(m) eligible rights holder;

(n) government;

(o) government copy;

(p) infringing copy;

(q) licensed copying or communicating;

(r) literary work;

(s) manuscript;

(t) record;

(u) Registrar;

(v) rules;

(w) sound broadcast;

(x) sound recording;

(y) technological protection measure;

(z) television broadcast;

(za) the Tribunal;

(zb) to the public;

(zc) work;

(zd) works collecting society.

In this instrument:

Act means the Copyright Act 1968.

address for service of a person or body means an address in Australia at which,

or an electronic address through which, documents may be served on the person

or body.

Australian-based: a person is Australian-based if the person:

(a) resides or carries on business in Australia; or

(b) if the person is a corporation—has a registered office in Australia.

caching has the same meaning as in section 116AB of the Act.

civil action means a proceeding of a civil nature between parties, including a

counterclaim.

Note: This is essentially the same as the definition of action in Part V of the Act.

designated representative of a carriage service provider means the person

designated under section 19 to receive notifications and notices under Part 6 for

the carriage service provider.

distributable amount has the meaning given by subsection 17(3).

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entitled person has the meaning given by subsection 17(3).

equitable remuneration has the meaning given by subsection 17(3).

infringement notice means an infringement notice given under section 43.

infringement officer means:

(a) a member of the Australian Federal Police (as defined in the Australian

Federal Police Act 1979); or

(b) a member of the police force (however described) of a State or Territory.

infringing article, in relation to an offence of strict liability against a provision

of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and

132AS(5)), means an article that is alleged:

(a) to be an infringing copy of a work or other subject-matter; and

(b) to have been involved in the commission of the offence.

infringing device, in relation to an offence of strict liability against a provision

of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and

132AS(5)), means a device that is alleged:

(a) to have been made to be used for making an infringing copy of a work or

other subject-matter; and

(b) to have been involved in the commission of the offence.

party has a meaning affected by section 117.

potential share has the meaning given by subsection 17(3).

President means the President of the Tribunal.

reference of a matter to the Tribunal under the Act includes referral of the matter

to the Tribunal under the Act.

relevant chief executive means the Commissioner (or head, however described)

of the Australian Federal Police or of the police force (however described) of a

State or Territory.

relevant copyright owner has the meaning given by subsection 17(3).

relevant file number, in relation to a Tribunal proceeding, means the file number

given by the Registrar to the proceeding.

sealed means sealed with the seal of the Tribunal.

subject to an infringement notice under Part 9 has the meaning given by

section 42.

system or network of a carriage service provider means a system or network

controlled or operated by or for the carriage service provider.

Tribunal proceeding means a proceeding before the Tribunal.

user, in relation to copyright material stored on a carriage service provider’s

system or network, means the person who directed the carriage service provider

to store the copyright material on its system or network.

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Part 2—Copyright in original works

5 Notices to be displayed near library or archive machines used to make

infringing copies—paragraph 39A(b) of the Act

For the purposes of paragraph 39A(b) of the Act:

(a) the prescribed dimensions of a notice are at least 297 millimetres long and

at least 210 millimetres wide; and

(b) the prescribed form of notice is a form containing the text in Part 1 or 2 of

Schedule 1.

6 Notice requirements for communication of electronic reproduction by library

or archives—subparagraph 49(7A)(c)(ii) of the Act

For the purposes of subparagraph 49(7A)(c)(ii) of the Act, the following matters

are prescribed:

(a) that further dealings with the reproduction may infringe copyright;

(b) that Division 3 of Part III of the Act affects whether further dealings would

infringe copyright.

7 Notice of intended publication of unpublished work kept in public library—

paragraphs 52(1)(b) and (2)(b) of the Act

(1) For the purposes of paragraphs 52(1)(b) and (2)(b) of the Act, the prescribed

notice of the intended publication of the new work is a notice that:

(a) is published in accordance with subsection (2) of this section; and

(b) sets out the matters described in subsection (3) of this section.

(2) The notice is to be published in the Gazette at least 2 months before the

publication (or subsequent publication) of the new work.

(3) The notice is to set out:

(a) the name of the person (the intending publisher) intending to publish the

new work and how the intending publisher may be contacted; and

(b) the intending publisher’s intention to publish the new work; and

to be identified, a description of that work that enables that work to be

identified; and

(d) the time, or an estimate of the time, when the old work was made or the

period, or an estimate of the period, over which the making of the old work

extended; and

(e) the name of the author of the old work, if that name is known to the

intending publisher; and

(f) the name and address of the library or other place in which a copy, or the

manuscript, of the old work is kept; and

(g) the name of the person from whom the copy or manuscript of the old work

was acquired for the purposes of that library or other place, or a statement

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of the fact that the intending publisher does not know the name of that

person; and

(h) that a person claiming to be the owner of the copyright in the old work may

give notice of his or her claim to the intending publisher.

8 Countries in relation to which Division 6 of Part III of the Act applies—

subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the

Act

For the purposes of subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv)

of the Act, Division 6 of Part III of the Act applies to a country that:

(a) is a party to any of the following:

(i) the International Convention for the Protection of Literary and Artistic

Works done at Berne on 9 September 1886 as revised from time to

time;

(ii) the Universal Copyright Convention done at Geneva on 6 September

1952 as revised from time to time;

(iii) the WIPO Copyright Treaty done at Geneva on 20 December 1996 as

revised from time to time; or

(b) is a member of the World Trade Organization.

Note 1: Information as to which countries are parties to the International Convention for the

Protection of Literary and Artistic Works could in 2017 be viewed on the World

Intellectual Property Organization’s website (https://www.wipo.int).

Note 2: Information as to which countries are parties to the Universal Copyright Convention

could in 2017 be viewed on the United Nations Educational, Scientific and Cultural

Organization’s website (http://www.unesco.org).

Note 3: Information as to which countries are parties to the WIPO Copyright Treaty could in

2017 be viewed on the World Intellectual Property Organization’s website

(https://www.wipo.int).

Note 4: Information as to which countries are members of the World Trade Organization could

in 2017 be viewed on the World Intellectual Property Organization’s website

(https://www.wto.org).

9 Notice of intended making of record of musical work

(1) For the purposes of paragraph 55(1)(b) of the Act, the prescribed notice of the

intended making of a record of a musical work is a written notice given in

accordance with this section by the person (the intending maker) intending to

make the record.

How notice is given

(2) The notice must be given:

(a) by service of the notice on:

(i) the owner of the copyright in the work, if the owner is

Australian-based; or

(ii) an Australian-based person who has been appointed by the owner of

that copyright as the owner’s agent for the purpose of receiving

notices under section 55 of the Act; or

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(b) if the intending maker does not know the name, or an address for service,

of the owner or of an agent described in subparagraph (a)(ii)—by:

(i) publication of the notice in the Gazette; and

(ii) if the notice published does not include the information described in

subsection (4)—giving that information to the owner or such an agent

on application made by the owner or agent.

Content of notice

(3) The notice must set out:

(a) that a person specified in the notice intends to make in Australia a record of

the musical work or of part of the musical work; and

(b) how the intending maker may be contacted; and

identified, a description of the work that enables the work to be identified;

and

(d) a statement of the fact (if true) that the record is to comprise a performance

of the work in which words are sung, or are spoken incidentally to or in

association with the music; and

(e) the name of the author of the work, if that is known to the intending maker;

and

(f) how the information described in subsection (4) may be obtained from a

place in Australia if the notice is published as described in paragraph (2)(b)

and does not contain that information.

(4) The notice must, if given as described in paragraph (2)(a), or may, if published as

described in paragraph (2)(b), set out:

(a) any details known to the intending maker that are needed to enable the

owner of the copyright to identify a previous record of the musical work

referred to in paragraph 55(1)(a) of the Act; and

(b) whether the record that is intended to be made is to be a disc, tape, paper or

other device; and

the proposed trade prefix and catalogue number of the record; and

(d) the date on which it is proposed to offer or expose the record for sale to the

public in Australia; and

(e) the proposed selling price to the public of the record; and

(f) the amount of the royalty that the intending maker estimates will be

payable to the owner of the copyright for the record.

10 Prescribed period relating to making of records of musical works—

subsection 55(3) of the Act

For the purpose of subsection 55(3) of the Act, one month is prescribed.

11 Inquiries relating to previous records of musical works—section 61 of the Act

(1) For the purposes of section 61 of the Act, this section prescribes:

(a) how inquiries relating to the previous making or import of a record of a

musical work are to be made; and

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(b) the period for receiving an answer to inquiries.

Who is to be asked

(2) The inquiries must be made of:

(a) the owner of the copyright in the musical work; and

(b) if words consisting or forming part of a literary or dramatic work were

sung or spoken in the musical work, the owner of the copyright in the

literary or dramatic work.

How inquiries are to be made

(3) Inquiries must be made in writing.

(4) Inquiries of an Australian-based owner of copyright must be given to the owner.

(5) However:

(a) if the owner has appointed an Australian-based person as the owner’s agent

for the purpose of answering inquiries made under section 61 of the Act,

the inquiries may be given to the agent; and

(b) if a person wishing to make inquiries of an owner does not know the name,

or an address for service, of the owner or of such an agent, the inquiries

must be published in the Gazette.

Content of inquiries

(6) The inquiries must set out:

(a) the name of the person making the inquiries and how the person may be

contacted; and

(b) the title (if any) of the musical, literary or dramatic work concerned and, if

the title does not enable the work to be identified, a description of the work

that enables the work to be identified; and

(d) if the inquiries relate to a particular record—sufficient information to

enable the record to be identified; and

(e) an inquiry whether a record of the musical work, or of the musical work in

which words consisting or forming part of the literary or dramatic work

were sung or spoken, has previously been made in, or imported into,

Australia:

(i) by, or with the licence of, the owner of the copyright in the musical

work or in the literary or dramatic work; or

(ii) for the purpose of retail sale; or

(iii) for use in making other records for the purpose of retail sale.

Period for answering inquiries

(7) The period for receiving an answer to inquiries is 10 days after:

(a) the inquiries were given (except by post) or published; or

(b) if the inquiries were given by post—the day the inquiries would be

delivered in the ordinary course of post.

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12 Circumstances in which design is taken to be applied industrially—section 77

of the Act

(1) For the purposes of section 77 of the Act, a design is taken to be applied

industrially if it is applied:

(a) to more than 50 articles; or

(b) to one or more articles (other than hand-made articles) manufactured in

lengths or pieces.

(2) For the purposes of paragraph (1)(a), any 2 or more articles are taken to

constitute a single article if:

(a) they are of the same general character; and

(b) they are intended for use together; and

(3) For the purposes of this section, a design is taken to be applied to an article if:

(a) the design is applied to the article by a process (whether a process of

printing or embossing or another process); or

(b) the design is reproduced on or in the article in the course of the production

of the article.

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Part 3—Copyright in subject-matter other than works

13 Notices to be displayed near library or archive machines used to make

infringing copies—paragraph 104B(b) of the Act

For the purposes of paragraph 104B(b) of the Act:

(a) the prescribed dimensions of a notice are at least 297 millimetres long and

at least 210 millimetres wide; and

(b) the prescribed form of notice is a form containing the text:

(i) in Part 1 or 2 of Schedule 1, if the copy is of a published edition of a

work; or

(ii) in Part 2 or 3 of Schedule 1, if the copy is of an audio-visual item.

14 Prescribed period relating to public performance of recordings first

published outside Australia—paragraph 108(1)(b) of the Act

For the purposes of paragraph 108(1)(b) of the Act, the period is 7 weeks.

15 Prescribed period relating to broadcasts of recordings not published in

Australia—subsection 109(3) of the Act

For the purposes of subsection 109(3) of the Act, the period is 7 weeks.

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Part 4—Uses that do not infringe copyright

16 Bodies administering key cultural institutions—paragraph 113L(b) of the Act

For the purposes of paragraph 113L(b) of the Act, the following bodies are

prescribed:

(a) the Australian Broadcasting Corporation;

(b) the Australian National University;

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Part 5—Collecting societies

17 Rules of a collecting society—paragraphs 113W(d), 135ZZT(3)(d),

135ZZZO(7)(d) and 153F(6)(f) of the Act

(1) For the purposes of paragraphs 113W(d), 135ZZT(3)(d) and 135ZZZO(7)(d) of

the Act, the following provisions of rules of a collecting society are prescribed:

(a) that accounting periods must be determined, in accordance with the rules,

by the collecting society for accounting purposes and that no accounting

period may extend beyond 30 June in any year;

(b) that a consistent practice must be followed with regard to attributing the

receipts and expenditure of the collecting society to a particular accounting

period;

collection of amounts of equitable remuneration, having regard to the

expenses likely to be incurred in the collection of such amounts;

(d) that the total amount of any gifts for cultural or benevolent purposes made

by the collecting society in respect of any accounting period must not

exceed such percentage of the total amount of equitable remuneration

received by the society for that accounting period as is specified in the

rules;

(e) that the administrative costs and other outgoings of the collecting society

paid by the society out of the amounts of equitable remuneration collected

by it must be reasonable;

(f) that the distributable amount relating to each accounting period of the

collecting society must be allocated in accordance with a scheme of

allocation (the scheme) that:

(i) is determined in accordance with the rules; and

(ii) includes criteria for allocation that are specified in the rules; and

(iii) provides for the allocation of potential shares in the distributable

amount to entitled persons;

(g) that, in relation to each potential share in the distributable amount allocated

in accordance with the scheme of the collecting society to an entitled

person who is a member of the society at the time of allocation, an amount

representing the share must be paid, as soon as is reasonably possible after

the allocation, to the entitled person;

(h) that, in relation to each potential share in the distributable amount allocated

in accordance with the scheme of the collecting society to an entitled

person who is not a member of the society at the time of allocation, an

amount representing the share:

(i) must be paid, as soon as is reasonably possible after the allocation,

into a trust fund operated by the society for purposes referred to in

paragraph (i); and

(ii) subject to subparagraph (iii), must be held in that fund in accordance

with the rules of the society; and

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(iii) if the entitled person becomes a member while the amount is held in

the trust fund—must be distributed to the person as soon as is

reasonably possible after he or she becomes a member;

(i) that a trust fund must be operated by the collecting society for purposes

that include the holding on trust, for any entitled person who is not, and

whose agent is not, a member of the society, of any potential share

allocated to that person in accordance with the scheme;

(j) that any part of a distributable amount, relating to an accounting period,

that cannot for any reason be distributed must be held on trust in the trust

fund referred to in paragraph (i) until distribution becomes possible or until

the end of a specified period of not less than 4 years, whichever happens

first;

(k) that a member of the collecting society must, on request, be given

reasonable access to the records of the society, whether or not the member

is an entitled person.

(2) For the purposes of paragraph 153F(6)(f) of the Act, the rules of an applicant to

be declared a collecting society are required to include provisions with the

effects described in paragraphs (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k)

of this section.

(3) In this instrument:

distributable amount, in relation to an accounting period of a collecting society,

means the amount of equitable remuneration received by the society that is:

(a) attributable to that period (in accordance with the practice of the society);

(b) otherwise available for distribution;

after the payment or reservation, out of that amount, of:

the rules of the society, for:

(i) gifts made by the society; and

(ii) administrative costs and other outgoings of the society; and

(d) amounts to be carried forward, in accordance with the rules of the society,

to the next accounting period.

entitled person, in relation to a collecting society declared under a section of the

Act mentioned in column 1 of an item of the following table, means:

(a) a member of the collecting society who is:

(i) a person described in column 2 of that item; or

(ii) the agent of a person described in column 2 of that item; or

(b) a person described in column 2 of that item who is not a member of the

collecting society and whose agent, if any, is not a member.

Entitled person

Column 1

Section of

the Act

Column 2

Person

1 113V Eligible rights holder

2 135ZZT Relevant copyright owner (as defined in Part VC of the Act)

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Entitled person

Column 1

Section of

the Act

Column 2

Person

3 135ZZZO Relevant copyright owner (as defined in Part VD of the Act)

4 153F Owner of copyright in copyright material as defined in Division 2 of Part VII of

the Act

equitable remuneration, in relation to a collecting society declared under a

section of the Act mentioned in column 1 of an item of the following table, has

the meaning given by column 2 of the item.

Equitable remuneration

Column 1

Section of

the Act

Column 2

Equitable remuneration

1 113V Equitable remuneration payable under remuneration notices given to the society

under section 113Q of the Act

2 135ZZT Equitable remuneration payable by retransmitters under section 135ZZM of the

Act

3 135ZZZO Equitable remuneration payable by satellite BSA licensees under

section 135ZZZK of the Act

4 153F Equitable remuneration payable by governments under section 183A of the Act

potential share means a share that is:

(a) a share in a distributable amount; and

(b) represented by an amount that will be distributed in the circumstances

referred to in paragraph (1)(g) or (h).

relevant copyright owner:

(a) in relation to a collecting society declared under section 135ZZT of the

Act—has the same meaning as in Part VC of the Act; and

(b) in relation to a collecting society declared under section 135ZZZO of the

Act—has the same meaning as in Part VD of the Act.

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Part 6 Limitation on remedies available against carriage service providers

Division 1 Preliminary

Section 18

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Part 6—Limitation on remedies available against carriage

service providers

Division 1—Preliminary

18 Industry code—section 116AB of the Act

For the purposes of subparagraph (a)(i) of the definition of industry code in

section 116AB of the Act, the following requirements are prescribed for an

industry code that does not deal solely with caching:

(a) the industry code must be developed through an open voluntary process by

a broad consensus of:

(i) owners and exclusive licensees of copyright; and

(ii) carriage service providers;

(b) the industry code must include a provision to the effect that standard

technical measures are technical measures that:

(i) are used to protect and identify copyright material; and

(ii) are accepted under the industry code or developed in accordance with

a process set out in the industry code; and

(iii) are available on non-discriminatory terms; and

(iv) do not impose substantial costs on carriage service providers or

substantial burdens on their systems or networks.

19 Designated representative

(1) A carriage service provider must designate a person to be the representative of

the carriage service provider to receive for the carriage service provider

notifications, notices and counter-notices given for the purposes of a condition in

subsection 116AH(1) of the Act.

(2) The carriage service provider must publish a notice in a reasonably prominent

location on its website setting out the following information:

(a) the title of the position of the designated representative;

(b) sufficient information to allow a person to contact the designated

representative.

20 Requirements for notifications and notices

A notification, notice or counter-notice given for the purposes of a condition in

subsection 116AH(1) of the Act must:

(a) be in accordance with the form prescribed by this Part; and

(b) be given by post or electronic communication to the carriage service

provider’s designated representative.

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Division 2—Conditions—cached copyright material

21 Notification relating to Category B activity

For the purposes of condition 3 of item 3 of the table in subsection 116AH(1) of

the Act, the form of notification set out in Part 1 of Schedule 2 is prescribed.

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Division 3—Conditions—copyright material found to be infringing

by an Australian court

22 Notice in relation to Category C and D activities

For the purposes of condition 2 of item 4 (Category C activities), and condition 2

of item 5 (Category D activities), of the table in subsection 116AH(1) of the Act,

the form of notice set out in Part 2 of Schedule 2 is prescribed.

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Division 4—Conditions—takedown of copyright material following

notice

23 Application of this Division

For the purposes of condition 3 of item 4 (Category C activities) of the table in

subsection 116AH(1) of the Act, this Division prescribes the procedure to be

followed in relation to copyright material residing on a carriage service

provider’s system or network if:

(a) the owner or exclusive licensee of the copyright in the material, or an agent

of the owner or licensee, reasonably believes that the material is infringing;

and

(b) the owner, licensee or agent wishes the carriage service provider to remove

or disable access to the material.

24 Notice of claimed infringement

(1) The owner or exclusive licensee of the copyright in the copyright material, or an

agent of the owner or licensee, may give a notice of claimed infringement in

relation to the copyright material to the carriage service provider’s designated

representative.

(2) The notice of claimed infringement must be in accordance with the form set out

in Part 3 of Schedule 2.

25 Takedown procedure

(1) If a carriage service provider receives a notice of claimed infringement under

section 24, the carriage service provider must expeditiously remove, or disable

access to, the copyright material specified in the notice and residing on its system

or network.

(2) As soon as practicable after removing, or disabling access to, copyright material

under subsection (1), the carriage service provider must send to the user who

directed the carriage service provider to store the copyright material on its

system or network:

(a) a copy of the notice of claimed infringement; and

(b) a notice stating:

(i) that the copyright material has been removed, or access to it has been

disabled; and

(ii) that the user may, within 3 months after receiving the copy of the

notice of claimed infringement, give a counter-notice in accordance

with section 26 of the Copyright Regulations 2017 to the carriage

service provider’s designated representative disputing the claims in

the notice of claimed infringement.

Note: The carriage service provider need not take any further action in relation to the

the user under section 26.

(3) A carriage service provider is taken to have complied with subsection (2) if:

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(a) the carriage service provider has taken reasonable steps to identify the user

but has been unable to do so; or

(b) the carriage service provider sends the documents to the user as required by

subsection (2) but they are not received by the user.

26 Counter-notice

(1) If a user receives a copy of a notice of claimed infringement from a carriage

service provider under section 25, the user may give a counter-notice to the

carriage service provider’s designated representative disputing the claims set out

in the notice.

Note: If the user does not give a counter-notice to the carriage service provider’s designated

representative, the carriage service provider is not required to take any further action in

relation to the notice of claimed infringement.

(2) The counter-notice must:

(a) be in accordance with the form set out in Part 4 of Schedule 2; and

(b) be given within 3 months after the user receives the copy of the notice of

claimed infringement.

27 Copy of counter-notice to be sent to copyright owner

(1) If a carriage service provider receives a counter-notice from a user under

section 26 in response to a notice of claimed infringement, the carriage service

provider must, as soon as practicable after receiving the counter-notice, send to

the copyright owner, exclusive licensee or agent who gave the notice of claimed

infringement:

(a) a copy of the counter-notice; and

(b) a notice stating that if the owner, licensee or agent does not, within 10

business days after the day the notice was sent, bring an action seeking a

court order to restrain the activity that is claimed to be infringing, the

carriage service provider will restore, or enable access to, the copyright

material on its system or network.

(2) If the counter-notice is from a user who is an individual, the copy of the

counter-notice and the notice under paragraph (1)(b) sent to the copyright owner,

licensee or agent under subsection (1) may disclose information that could

identify the user if the disclosure is consistent with the Telecommunications Act

1997 and the Privacy Act 1988.

28 Restoring copyright material

(1) A carriage service provider must comply with this section if:

(a) the carriage service provider sends a copy of a counter-notice given by a

user and a notice to the copyright owner, exclusive licensee or agent under

section 27 in relation to a notice of claimed infringement given by the

owner, licensee or agent; and

(b) either:

(i) the owner, licensee or agent does not, within 10 business days after

those documents were sent, notify the carriage service provider’s

designated representative that the owner, licensee or agent has

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brought an action seeking a court order to restrain the activity that is

claimed to be infringing; or

(ii) the carriage service provider is notified that an action for infringement

of the copyright in the copyright material has been discontinued or

was unsuccessful.

(2) The carriage service provider must restore, or enable access to, the copyright

material on its system or network:

(a) if the carriage service provider is not notified by the owner, licensee or

agent of the matter mentioned in subparagraph (1)(b)(i) within the period

mentioned in that subparagraph—as soon as practicable after the end of

that period; or

(b) if the carriage service provider is notified of the matter mentioned in

subparagraph (1)(b)(ii)—as soon as practicable after receiving the

notification.

Note: The carriage service provider is not required to have regard to a notification, from the

owner, licensee or agent, of a kind mentioned in subparagraph (1)(b)(i) if it is received

more than 10 business days after the documents were sent to the owner, licensee or

agent under section 27.

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Section 29

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Division 5—Conditions—procedure following takedown of copyright

material without notice from copyright owner, exclusive

licensee or agent

29 Application of this Division

(1) For the purposes of condition 3 of item 4 (Category C activities) of the table in

subsection 116AH(1) of the Act, this Division prescribes the procedure to be

followed in relation to copyright material residing on a carriage service

provider’s system or network if the carriage service provider becomes aware

(except as described in subsection (2)):

(a) that the material is infringing; or

(b) of facts or circumstances that make it apparent that the material is likely to

be infringing.

Note: The carriage service provider must act expeditiously to remove or disable access to

becomes aware of a matter mentioned in paragraph (1)(a) or (b) in relation to the

material—see condition 2A of item 4 of the table in subsection 116AH(1) of the Act.

(2) This Division does not apply if the carriage service provider becomes aware of a

matter mentioned in paragraph (1)(a) or (b) as a result of receiving a notice of

claimed infringement under Division 4, or any other notification, from the owner

or exclusive licensee of the copyright in the material or from an agent of the

owner or licensee.

Note: The procedure prescribed in Division 4 applies if the carriage service provider receives

a notice of claimed infringement in relation to the copyright material from the owner or

exclusive licensee of the copyright in the material or from an agent of the owner or

licensee.

30 Notice to user

(1) As soon as practicable after removing, or disabling access to, the copyright

material under condition 2A of item 4 of the table in subsection 116AH(1) of the

Act, the carriage service provider must send to the user who directed the carriage

service provider to store the copyright material on its system or network a notice

stating:

(a) that the copyright material has been removed, or access to it has been

disabled; and

(b) the grounds for removing, or disabling access to, the copyright material;

and

counter-notice in accordance with section 31 of the Copyright

Regulations 2017 to the carriage service provider’s designated

representative:

(i) disputing the grounds for removing, or disabling access to, the

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(ii) requesting the carriage service provider to restore, or enable access to,

the copyright material on the carriage service provider’s system or

network.

(2) A carriage service provider is taken to have complied with subsection (1) if:

(a) the carriage service provider has taken reasonable steps to identify the user

but has been unable to do so; or

(b) the carriage service provider sends the notice to the user as required by

subsection (1) but it is not received by the user.

31 Counter-notice

(1) If a user receives a notice from a carriage service provider under section 30, the

user may give a counter-notice to the carriage service provider’s designated

representative:

(a) disputing the grounds for removing, or disabling access to, the copyright

material; and

(b) requesting the carriage service provider to restore, or enable access to, the

Note: If the user does not give a counter-notice to the carriage service provider’s designated

representative, the carriage service provider is not required to take any further action in

relation to the copyright material.

(2) The counter-notice must:

(a) be in accordance with the form set out in Part 5 of Schedule 2; and

(b) be given within 3 months after the user receives the notice under

section 30.

32 Restoring copyright material

If:

(a) a carriage service provider receives a counter-notice in relation to

(b) on the basis of the information and statements in the counter-notice, the

carriage service provider is satisfied that the copyright material is not, or is

not likely to be, infringing;

the carriage service provider must, as soon as practicable after receiving the

counter-notice, restore, or enable access to, the copyright material on its system

or network.

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Division 6 Conditions—takedown of reference to copyright material following notice from copyright

owner, exclusive licensee or agent

Section 33

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Division 6—Conditions—takedown of reference to copyright material

following notice from copyright owner, exclusive licensee or

agent

33 Application of this Division

For the purposes of condition 3 of item 5 (Category D activities) of the table in

subsection 116AH(1) of the Act, this Division prescribes the procedure to be

followed in relation to a reference to copyright material that is provided by a

carriage service provider on its system or network if:

(a) the owner or exclusive licensee of the copyright in the material, or an agent

of the owner or licensee, reasonably believes that the material is infringing;

and

(b) the owner, licensee or agent wishes the carriage service provider to remove

or disable access to the reference to the material.

34 Notice of claimed infringement

(1) The owner or exclusive licensee of the copyright in the copyright material to

which the reference is provided, or an agent of the owner or licensee, may give a

notice of claimed infringement to the carriage service provider’s designated

representative.

(2) The notice of claimed infringement must be in accordance with the form set out

in Part 6 of Schedule 2.

35 Takedown procedure

If a carriage service provider receives a notice of claimed infringement under

section 34, the carriage service provider must expeditiously remove, or disable

access to, the reference to the copyright material specified in the notice and

provided by the carriage service provider on its system or network.

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Division 7—Civil remedies

36 Authority

This Division has effect for the purposes of section 116AJ of the Act.

37 Action taken to comply with a condition

A carriage service provider is not liable for damages or any other civil remedy as

a result of action taken in good faith by the carriage service provider to comply

with any of the following conditions:

(a) condition 3 of item 3 (Category B activities) of the table in

subsection 116AH(1) of the Act;

(b) condition 2, 2A or 3 of item 4 (Category C activities) of the table in

subsection 116AH(1) of the Act;

subsection 116AH(1) of the Act.

Note: See also Divisions 2, 3, 4, 5 and 6 of this Part in relation to those conditions.

38 Failure to restore or enable access to copyright material

(1) If a carriage service provider fails to restore, or enable access to, the copyright

material on its system or network as required by section 28 or 32, the carriage

service provider may be liable for damages or any other civil remedy in a civil

action taken by a user or third party affected by the failure.

(2) However, the carriage service provider is not liable for damages or any other

civil remedy in an action taken by the owner or exclusive licensee of the

failure to restore, or enable access to, the copyright material in accordance with

section 28 or 32.

39 Misrepresentations in notifications and notices

(1) A person who gives a notification, notice or counter-notice for the purposes of a

condition in subsection 116AH(1) of the Act, must not knowingly make a

material misrepresentation in that notification, notice or counter-notice.

(2) For the purposes of subsection (1), a person knowingly makes a material

misrepresentation in a notification, notice or counter-notice if the person does not

take reasonable steps to ensure the accuracy of the information and statements

included in the notification, notice or counter-notice. This does not limit the

circumstances in which a person knowingly makes a material misrepresentation

for the purposes of that subsection.

(3) A person who suffers loss or damage because of a material misrepresentation

made knowingly in a notification, notice or counter-notice may bring an action

against the person who gave the notification, notice or counter-notice.

(4) If the court in which the action is brought is satisfied that the person bringing the

action suffered loss or damage because of the material misrepresentation, the

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24 Copyright Regulations 2017

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court may grant the person whatever civil remedies for the loss or damage the

court thinks fit.

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Section 40

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Part 7—Technological protection measures

40 Non-infringing acts enabled by circumvention of access control technological

protection measures that are not actionable—paragraphs

116AN(9)(c) and 132APC(9)(c) of the Act

(1) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the

doing of an act by a person that does not infringe copyright because of any of the

following provisions of the Act is prescribed:

(a) section 47D (reproducing computer programs to make interoperable

products), so far as it relates to making an article described in

paragraph 47D(1)(b);

(b) subsection 49(6), (7) or (7B) (reproducing and communicating works by

libraries and archives for users);

archives for other libraries or archives);

(d) section 107 (making of a copy of the sound recording for purpose of

broadcasting);

(e) section 110A (copying and communicating unpublished sound recordings

and cinematograph films in libraries or archives);

(f) Division 3 (libraries and archives) of Part IVA;

(g) Division 4 (educational institutions—statutory licence) of Part IVA.

(2) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the

following are also prescribed:

(a) the making by a person of a broadcast of a published sound recording that

does not infringe the copyright in the recording because of section 109 of

the Act;

(b) fair dealing with, or use of, copyright material other than a computer game

by a person that is not an infringement of copyright in the material because

of Division 2 (access by or for persons with a disability) of Part IVA of the

Act;

technological protection measure has been applied if:

(i) the technological protection measure is not operating normally; and

(ii) a replacement technological protection measure is not reasonably

available;

(d) the gaining of access by a person to copyright material that is protected by

a technological protection measure that interferes with or damages a

product in which it is installed (the host product) or another product used

in conjunction with the host product:

(i) to prevent damage, or further damage, to the host product or another

product by the technological protection measure; or

(ii) to repair the host product or another product (if circumvention of the

technological protection measure is necessary to enable the repair to

be carried out);

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(e) use by a person of a work (other than a computer game) or other

subject-matter that is not an infringement of copyright in the work or other

subject-matter because of subsection 200AB(1) of the Act because the use

is covered by subsection 200AB(3) (use by body administering educational

institution) of the Act.

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Part 8—Infringement notices and forfeiture of infringing

articles and devices

Division 1—Preliminary

41 Object of this Part

The object of this Part is to set up a scheme (for the purposes of sections 133B

and section 248SA of the Act) to enable a person who is alleged to have

committed an offence of strict liability against Division 5 of Part V, or

Subdivision A or B of Division 3 of Part XIA, of the Act to do the following as

an alternative to being prosecuted:

(a) pay the Commonwealth an amount specified in an infringement notice for

the alleged offence;

(b) for an alleged offence against a provision of Division 5 of Part V of the Act

(except subsections 132AQ(5), 132AR(5) and 132AS(5)), agree to forfeit

to the Commonwealth:

(i) each article (if any), in the person’s possession when the person is

informed how the person may avoid prosecution for the alleged

offence, that is alleged to be an infringing copy of a work or other

subject-matter and to have been involved in the commission of the

offence; and

(ii) each device (if any), in the person’s possession when the person is

informed how the person may avoid prosecution for the alleged

offence, that is alleged to have been made to be used for making an

infringing copy of a work or other subject-matter and to have been

involved in the commission of the offence.

42 Provisions subject to an infringement notice

Each provision of the Act listed in the following table is subject to an

infringement notice under this Part:

Provisions of the Act subject to an infringement notice under this Part

Item Provision of Act Summary of strict liability offence created by provision

1 Subsection 132AD(5) Making infringing copy commercially

2 Subsection 132AE(5) Selling or hiring out infringing copy

3 Subsection 132AF(7) Offering infringing copy for sale or hire by way of trade

4 Subsection 132AF(8) Commercially offering infringing copy for sale or hire

5 Subsection 132AG(7) Exhibiting an infringing copy in public by way of trade

6 Subsection 132AG(8) Commercially exhibiting an infringing copy in public

7 Subsection 132AH(5) Importing infringing copy commercially

8 Subsection 132AI(7) Distributing infringing copy

9 Subsection 132AJ(5) Possessing infringing copy for commerce

10 Subsection 132AL(8) Making device for making infringing copy

11 Subsection 132AO(5) Causing recording or film to be heard or seen in public

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Provisions of the Act subject to an infringement notice under this Part

Item Provision of Act Summary of strict liability offence created by provision

12 Subsection 132AQ(5) Removing or altering electronic rights management information

13 Subsection 132AR(5) Distributing, importing or communicating copies after removal

or alteration of electronic rights management information

14 Subsection 132AS(5) Distributing or importing electronic rights management

information

15 Subsection 248PB(5) Unauthorised indirect recording during protection period

16 Subsection 248PF(5) Copying unauthorised recording

17 Subsection 248PG(5) Unauthorised copying of exempt recording

18 Subsection 248PH(5) Unauthorised copying of authorised sound recording

19 Subsection 248PI(5) Selling etc. unauthorised recording

20 Subsection 248PJ(7) Distributing unauthorised recording

21 Subsection 248PK(5) Commercial possession or import of unauthorised recording

22 Subsection 248PL(5) Exhibiting unauthorised recording in public by way of trade

23 Subsection 248PM(5) Importing unauthorised recording for exhibition by way of trade

24 Subsection 248QC(5) Copying unauthorised sound recording

25 Subsection 248QD(5) Selling etc. unauthorised sound recording

26 Subsection 248QE(7) Distributing unauthorised sound recording

27 Subsection 248QF(5) Commercial possession or import of unauthorised sound

recording

28 Subsection 248QG(5) Exhibiting unauthorised sound recording in public by way of

trade

29 Subsection 248QH(5) Importing unauthorised sound recording for exhibition by way of

trade

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Division 2—Infringement notices

43 When an infringement notice may be given

(1) If an infringement officer believes on reasonable grounds that a person has

committed an offence against a provision subject to an infringement notice under

this Part, the infringement officer may give to the person an infringement notice

for the alleged offence.

(2) However, the infringement officer may give to the person an infringement notice

for the alleged offence against a provision of Division 5 of Part V of the Act

(except subsections 132AQ(5), 132AR(5) and 132AS(5)) only if:

(a) an infringement officer has informed the person as described in

subsection 49(2) of this instrument; and

(b) the person has agreed to forfeit, and has forfeited, to the Commonwealth all

infringing articles and devices relating to the alleged offence in the

person’s possession at the time the person was informed.

Note 1: Subsection 49(2) is about an infringement officer informing a person about the

circumstances in which the person may avoid prosecution for an alleged offence

against that Division if an infringement notices is issued.

Note 2: Division 3 of this Part deals with forfeiture of infringing articles and devices relating to

alleged offences against provisions of Division 5 of Part V of the Act.

(3) The infringement notice must be given within 12 months after the day on which

the offence is alleged to have taken place.

(4) A single infringement notice must relate only to a single offence against a single

provision.

44 Matters to be included in an infringement notice

An infringement notice must:

(a) be identified by a unique number; and

(b) state the day on which it is given; and

(d) state the name and contact details of the person who gave the notice, and

that the person is an infringement officer for the purposes of issuing the

infringement notice; and

(e) give brief details of the alleged offence, including:

(i) the provision against which the offence was allegedly committed; and

(ii) the maximum penalty that a court could impose if the offence were

committed; and

(iii) the time (if known) and day of, and the place of, the alleged offence;

and

(f) state the amount that is payable under the notice, which must be:

(i) 12 penalty units where the person is an individual; or

(ii) 60 penalty units where the person is a body corporate; and

(g) give an explanation of how payment of the amount is to be made; and

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(h) state that, if the person to whom the notice is given pays the amount within

28 days after the day the notice is given, then (unless the notice is

withdrawn) the person will not be liable to be prosecuted in a court for the

alleged offence; and

(i) state that payment of the amount is not an admission of guilt or liability;

and

(j) state that the person may apply to the relevant chief executive to have the

period in which to pay the amount extended; and

(k) state that the person may choose not to pay the amount and, if the person

does so, the person may be prosecuted in a court for the alleged offence;

and

(l) set out how the notice can be withdrawn; and

(m) state that if the notice is withdrawn the person may be prosecuted in a court

for the alleged offence; and

(n) state that the person may make written representations to the relevant chief

executive seeking the withdrawal of the notice.

45 Extension of time to pay amount

(1) A person to whom an infringement notice has been given may apply to the

relevant chief executive for an extension of the period referred to in

paragraph 44(h).

(2) If the application is made before the end of that period, the relevant chief

executive may, in writing, extend that period. The relevant chief executive may

do so before or after the end of that period.

(3) If the relevant chief executive extends that period, a reference in this Part, or in a

notice or other instrument under this Part, to the period referred to in

paragraph 44(h) is taken to be a reference to that period so extended.

(4) If the relevant chief executive does not extend that period, a reference in this

Part, or in a notice or other instrument under this Part, to the period referred to in

paragraph 44(h) is taken to be a reference to the period that ends on the later of

the following days:

(a) the day that is the last day of the period referred to in paragraph 44(h);

(b) the day that is 7 days after the day the person was given notice of the

relevant chief executive’s decision not to extend.

(5) The relevant chief executive may extend the period more than once under

subsection (2).

46 Withdrawal of an infringement notice

Representations seeking withdrawal of notice

(1) A person to whom an infringement notice has been given may make written

representations to the relevant chief executive seeking the withdrawal of the

notice.

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Withdrawal of notice

(2) The relevant chief executive may withdraw an infringement notice given to a

person (whether or not the person has made written representations seeking the

withdrawal).

(3) When deciding whether or not to withdraw an infringement notice (the relevant

infringement notice), the relevant chief executive:

(a) must take into account any written representations seeking the withdrawal

that were given by the person to the relevant chief executive; and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the person for an

offence against a provision subject to an infringement notice under

this Part;

(ii) the circumstances of the alleged offence;

(iii) whether the person has paid an amount, stated in an earlier

infringement notice, for an offence against a provision subject to an

infringement notice under this Part if the offence is constituted by

conduct that is the same, or substantially the same, as the conduct

alleged to constitute the offence in the relevant infringement notice;

(iv) any other matter the relevant chief executive considers relevant.

Notice of withdrawal

(4) Notice of the withdrawal of the infringement notice must be given to the person.

The withdrawal notice must state:

(a) the person’s name and address; and

(b) the day the infringement notice was given; and

(d) that the infringement notice is withdrawn; and

(e) that the person may be prosecuted in a court for the alleged offence.

Refund of amount if infringement notice withdrawn

(5) If:

(a) the relevant chief executive withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount

paid.

47 Effect of payment of amount

(1) If the person to whom an infringement notice for an alleged offence against a

provision is given pays the amount stated in the notice before the end of the

period referred to in paragraph 44(h):

(a) any liability of the person for the alleged offence is discharged; and

(b) the person may not be prosecuted in a court for the alleged offence; and

alleged offence; and

(d) the person is not regarded as having been convicted of the alleged offence.

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(2) Subsection (1) does not apply if the notice has been withdrawn.

48 Effect of this Part

This Part does not:

(a) require an infringement notice to be given to a person for an alleged

offence against a provision subject to an infringement notice under this

Part; or

(b) affect the liability of a person for an alleged offence against a provision

subject to an infringement notice under this Part if:

(i) the person does not comply with an infringement notice given to the

person for the offence; or

(ii) an infringement notice is not given to the person for the offence; or

(iii) an infringement notice is given to the person for the offence and is

subsequently withdrawn; or

alleged offence against a provision subject to an infringement notice under

this Part; or

(d) limit a court’s discretion to determine the amount of a penalty to be

imposed on a person who is found to have committed an offence against a

provision subject to an infringement notice under this Part.

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Division 3—Forfeiture of infringing articles and devices

49 Forfeiture of infringing articles and devices

(1) This section applies if:

(a) an infringement officer believes on reasonable grounds that a person has

committed an offence of strict liability against a provision of Division 5 of

Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5));

and

(b) the person possesses an infringing article or an infringing device relating to

the alleged offence.

(2) The infringement officer may inform the person (either orally or by written

notice) that the person may avoid prosecution for the alleged offence if:

(a) the person agrees to forfeit, and does forfeit, to the Commonwealth all

infringing articles and devices that the person possesses in relation to the

alleged offence; and

(b) the person pays the amount specified in an infringement notice for the

alleged offence in accordance with Division 2; and

(3) If the person agrees to forfeit to the Commonwealth all infringing articles and

devices that the person possesses (when informed under subsection (2)) in

relation to the alleged offence, the authorised officer:

(a) may take possession of the infringing articles and devices; and

(b) must give the person a receipt for the infringing articles and devices taken

into possession.

(4) If the person pays the amount specified in an infringement notice given to the

person under Division 2 for the alleged offence, the relevant chief executive must

cause all infringing articles and devices in relation to the alleged offence that the

person agreed to forfeit, and did forfeit, to the Commonwealth to be destroyed.

Note: An infringement notice relating to an offence against a provision of Division 5 of

Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)) may not be

given if the recipient does not agree to forfeit to the Commonwealth all infringing

articles and devices in the person’s possession at that time in relation to the alleged

offence—see subsection 43(2).

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Part 9—Seizure of imported copies of copyright material

50 Definition of action period in section 134B of the Act

For the purposes of the definition of action period in section 134B of the Act, the

period is 10 working days (as defined in that section).

51 Definition of claim period in section 134B of the Act

For the purposes of the definition of claim period in section 134B of the Act, the

period is 10 working days (as defined in that section).

52 Information to be given to Comptroller-General of Customs about objection

to importation of copies of works etc.—paragraph 135(8)(c) of the Act

(1) For the purposes of paragraph 135(8)(c) of the Act, the Comptroller-General of

Customs may direct a person who notifies the Comptroller-General under

subsection 135(2) of the Act to give the Comptroller-General information and

evidence about the following:

(a) the subsistence of copyright in the material;

(b) the ownership of the copyright;

agent—the agent’s authority to give the notice for the person.

(2) The person must comply with the direction.

53 Seizure of copies of works etc. imported into certain external Territories—

subsection 135(9) of the Act

Application of this section

(1) For the purposes of subsection 135(9) of the Act, this section applies in relation

to the importation into any of the following Territories, from a place other than

Australia, of copies of copyright material:

(a) Norfolk Island;

(b) the Territory of Christmas Island;

Note: For this purpose, Australia includes the external Territories, as it does under section 10

of the Act.

Laws that apply in relation to importation

(2) The following provisions (the applied provisions) apply, with the modifications

described in subsection (3), in relation to the importation:

(a) Division 7 of Part V of the Act, except:

(i) the definition of Comptroller-General of Customs in section 134B;

and

(ii) subsections 135(1), (2), (3), (6), (6A), (8) and (9);

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(b) sections 50, 51 and 54 of this instrument.

Modifications of applied provisions

(3) The applied provisions apply in relation to the importation into the Territory as

if:

(a) a reference in the applied provisions to Australia were a reference to the

Territory; and

(b) a reference in the applied provisions to a notice under subsection 135(2)

(however described) or a notice given under section 135 were a reference

to a notice given under subsection 135(2) of the Act applying apart from

this section; and

Customs had the same meaning as it has in the Customs Act 1901 as it

applies in the Territory because of an Ordinance of the Territory; and

(d) a reference (however expressed) in subsection 135(5) or

paragraph 135(7)(b) of the Act to revocation or declaration of

ineffectiveness of a notice under subsection 135(2) of the Act were a

reference to such a revocation or declaration under subsection 135(6) or

(6A) of the Act applying apart from this section; and

(e) a reference in paragraph 135(7)(d) of the Act to the Customs Act 1901 were

a reference to the Customs Act 1901 as it applies in the Territory because of

an Ordinance of the Territory; and

(f) a reference in subsection 135AJ(1) or (3) to copies covered by a notice

under section 135 were a reference to copies of copyright material that

were imported into the Territory and could be or were seized on the basis

of the notice.

Note 1: These modifications mean only one notice objecting to importation need be given as a

basis for seizing copies imported into any of the Territories or any other part of

Australia. Likewise, a single revocation or declaration of ineffectiveness of the notice

stops seizure of imports of copies to which the notice related into any of the Territories

or any other part of Australia.

Note 2: The Norfolk Island Customs Ordinance 2016 applies the Customs Act 1901 in Norfolk

Island and treats a reference in that Act (as so applying) to the Comptroller-General of

Customs as having the same meaning as it has in that Act as it applies of its own force.

Note 3: The Customs Ordinance 1993 of each of the Territory of Christmas Island and the

Territory of Cocos (Keeling) Islands applies the Customs Act 1901 in the Territory and

treats a reference in that Act (as so applying) to the Comptroller-General of Customs as

a reference to the Comptroller of the Indian Ocean Territories Customs Service

appointed under that Ordinance.

54 Claim for release of seized copies—section 135AEA of the Act

For the purposes of paragraph 135AEA(3)(b) of the Act, the following

information is prescribed:

(a) the importer’s full name, home or business address and address for service;

(b) a telephone number for the importer;

(d) if the importer’s home or business address is not in Australia:

(i) the full name and the home or business address of a person who is the

importer’s agent in Australia; and

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(ii) an address for service for the person who is the importer’s agent in

Australia; and

(iii) a telephone number for the person; and

(iv) information showing that the person agreed to be the importer’s agent;

(e) if a person or body other than the agent made arrangements on the

importer’s behalf for the seized copies to be brought to Australia:

(i) the full name, home or business address and address for service of the

person or body; and

(ii) a telephone number for the person or body.

Note: Examples of grounds for the purposes of paragraph (c) are:

(a) that the copies are not infringing copies; and

(b) that the importation of the copies did not infringe copyright.

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Part 10—Retransmission of free-to-air broadcasts

55 Identity cards—subsection 135ZZQ(1) of the Act

For the purposes of subsection 135ZZQ(1) of the Act, the prescribed form of an

identity card is a form that includes:

(a) the following information:

(i) the name of the collecting society;

(ii) the name and title of the person to whom the identity card is issued;

(iii) the name and title of the person who issued the identity card;

(iv) the date on which the identity card is issued;

(v) the date on which the identity card will expire (no later than 3 years

after the day on which the identity card is issued); and

(b) a statement that the identity card has been issued under section 135ZZQ of

the Act; and

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Part 11—Copyright Tribunal

Division 1—Preliminary

56 Authority

This Part has effect for the purposes of section 166 of the Act, except as

indicated in this Part.

57 Organizations treated like persons

This Part, and the other provisions of this instrument so far as they relate to this

Part, apply to an organization (as defined in subsection 136(1) of the Act) in the

same way as they apply to a person.

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Division 2—General provisions

58 Seal of Tribunal

(1) The Tribunal is to have a seal.

(2) The President is to determine the design of the seal.

(3) The seal must be attached to:

(a) a document of a kind directed by the President; and

(b) any other document as ordered by the Tribunal.

Note: The President may give directions under section 147 of the Act.

(4) The seal may be attached to a document by hand, by electronic means or in any

other way.

59 Filing of documents

(1) A document is not filed until it is accepted for filing by the Registrar.

Refusing to accept document for filing

(2) The Registrar may refuse to accept a document for filing if it does not comply

with any provisions of this Part relevant to the document.

(3) The Registrar must refuse to accept a document for filing if:

(a) it is not substantially complete; or

(b) it does not substantially comply with this instrument; or

(d) the Tribunal has directed that the document not be accepted; or

(e) the Tribunal has directed that the document not be accepted without the

leave of the Tribunal, and leave has not been obtained.

(4) If the Registrar refuses to accept a document for filing, the Registrar must give

the person who lodged or sent the document written notice of the refusal and

written reasons for the refusal.

Recording day of filing

(5) The Registrar must record the day on which a document is filed.

60 Address for service

(1) A person who files with the Registrar a document instituting, or relating to, a

Tribunal proceeding must specify in the document an address for service for the

person, unless the person has filed another document connected with the

proceeding specifying that address.

(2) The person may later file with the Registrar a written notice, relating to the

Tribunal proceeding, that:

(a) specifies a new address for service for the person; and

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(b) is signed by or on behalf of the person.

(3) The person must give every other party to the Tribunal proceeding a copy of the

notice within 7 days after filing the notice.

61 Tribunal may direct alternative means of service or dispense with service

The Tribunal may make an order relating to a document this Part requires or

permits to be served:

(a) directing that the document be served by means other than a means

permitted by Part 6 of the Acts Interpretation Act 1901 or section 9 of the

Electronic Transactions Act 1999; or

(b) dispensing with service of the document.

62 Notification of orders of Tribunal and of reasons

Written reasons for orders

(1) When making an order, the Tribunal must state in writing its reasons for making

the order.

Giving and inspection of orders

(2) The Registrar must cause a copy of the document recording the order and of the

reasons of the Tribunal:

(a) to be given to every party to the application or reference the order relates

to; and

(b) to be available at each office of the Registrar for public inspection when

that office is open for business.

Exceptions for interim and ancillary orders

(3) Subsections (1) and (2) do not apply to an order under section 61, an interim

order or an order that is made in respect of an application that is ancillary to

another Tribunal proceeding.

President may direct Registrar to publish order

(4) The President may direct the Registrar to publish on the Tribunal’s website

details of any order of the Tribunal.

Exception for suspended order

(5) Subsections (2) and (4) do not apply to an order whose operation is suspended

pending a reference of a question of law to the Federal Court of Australia.

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Division 3—Applications and references to the Tribunal

Subdivision A—General provisions about applications and references to

the Tribunal

63 Form, content and filing of application or reference to the Tribunal

(1) An application or reference to the Tribunal must:

(a) be in writing; and

(b) state the name of the person making the application or reference; and

provision of the Act or of this instrument under which the application or

reference is made; and

(d) subject to subsection (2), include such other matters as are required by this

instrument to be included in an application or reference made under that

provision; and

(e) be signed by or on behalf of the person making the application or

reference; and

(f) be filed with the Registrar.

Note: Subdivision B requires particular matters to be set out in applications and references

made under particular provisions.

(2) Matters required by this instrument to be included in the application or reference

may be omitted if the President gives leave for the omission.

(3) When granting leave, the President may direct other matters to be included in the

application or reference instead of the omitted matters. Those other matters must

be included in the application or reference.

64 Giving application or reference to other parties

(1) A person making an application or reference to the Tribunal must, within 7 days

after filing the application or reference with the Registrar, give each other party

to the application or reference:

(a) a sealed copy of the application or reference; and

(b) written notice that the other party is a party to the application or reference.

(2) Subsection (1) does not apply to a party that became a party to the application or

reference after it was filed.

65 Advertising of applications and references

(1) A person making an application or reference to the Tribunal must, within 10 days

after filing it with the Registrar, advertise it in:

(a) a newspaper circulating throughout Australia; or

(b) the Gazette.

(2) The advertisement must:

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(a) specify the date on which the application or reference was made and the

relevant file number; and

(b) state the name, and the address for service, of the person; and

(d) specify the provision of the Act or of this instrument under which the

application or reference is made.

(3) The President may direct that a particular application or reference:

(a) need not be advertised; or

(b) may be advertised in a way other than that required by subsection (1).

(4) The direction has effect despite subsection (1).

(5) Subsection (1) does not apply to an application made under a provision described

in column 1 of the following table:

Applications that need not be advertised

Column 1

Provision

Column 2

Subject of application

1 Subsection 47(3) of the Act Determining equitable remuneration

2 Paragraph 59(3)(b) of the Act Apportioning royalty

3 Subsection 70(3) of the Act Determining equitable remuneration

4 Subsection 107(3) of the Act Determining equitable remuneration

5 Paragraph 108(1)(a) of the Act Determining equitable remuneration

6 Paragraph 113P(4)(b) of the Act Determining question relating to copying or

communicating by educational institution

7 Paragraph 113R(2)(b) of the Act Determining equitable remuneration

8 Paragraph 113S(4)(b) of the Act Determining question relating to entry onto premises

of educational institution

9 Subsection 135ZZM(1) of the Act Determining equitable remuneration

10 Subsection 135ZZN(3) of the Act Determining retransmitter’s record system

11 Section 99 of this instrument Being made party to Tribunal proceeding

12 Section 100 of this instrument Order relating to Tribunal proceeding

66 Hearing of application or reference

(1) The President must fix a time and place for the hearing of an application or

reference to the Tribunal, except:

(a) an application covered by section 99; or

(b) an application or reference in respect of which the Tribunal decides not to

have a hearing.

Note: An application covered by section 99 (to be made a party to a Tribunal proceeding) is

to be dealt with at the preliminary hearing or hearing of the proceeding.

(2) The Registrar must give notice of the time and place fixed to:

(a) the parties to the application or reference; and

(b) the persons (if any) who have applied to the Tribunal to be made parties to

the application or reference and whose applications to be made parties have

not already been determined.

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Subdivision B—Provisions about particular kinds of applications and

references to the Tribunal

67 Matters to be included in application under subsection 47(3) of the Act

An application to the Tribunal under subsection 47(3) of the Act (to determine

equitable remuneration for the making of a sound recording, or cinematograph

film, used for broadcasting a literary, dramatic or musical work or an adaptation

of such a work):

(a) must set out the circumstances or events giving rise to the application and,

in particular, must:

(i) identify the work or adaptation; and

(ii) identify the sound recording or cinematograph film; and

(iii) state whether the applicant is the owner of the copyright in the work

or the maker of the recording or film; and

(iv) if the applicant is the owner of the copyright—state the name of the

maker of the recording or film; and

(v) if the applicant is the maker of the recording or film—state the name

of the owner of the copyright; and

(b) must request the Tribunal to determine the amount that is equitable

remuneration to the owner of the copyright for the making of the recording

or film.

68 Matters to be included in application under paragraph 59(3)(b) of the Act

An application to the Tribunal under paragraph 59(3)(b) of the Act (for

apportioning the royalty for making a record comprising the performance of a

musical work involving the singing or speaking of words from a literary or

dramatic work between the owner of copyright in the musical work and the

owner of copyright in the literary or dramatic work):

(a) must set out the circumstances or events giving rise to the application and,

in particular, must:

(i) identify the musical work and the literary or dramatic work; and

(ii) identify the record; and

(iii) state whether the applicant is the owner of the copyright in the

musical work or the owner of the copyright in the literary or dramatic

work; and

(iv) if the applicant is the owner of the copyright in the musical work—

state the name of the owner of the copyright in the literary or dramatic

work; and

(v) if the applicant is the owner of the copyright in the literary or dramatic

work—state the name of the owner of the copyright in the musical

work; and

(b) must request the Tribunal to determine the manner in which the royalty

payable by the maker of the record in respect of the musical work and the

literary or dramatic work is to be apportioned between the owners of the

copyrights in those works.

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69 Matters to be included in application under subsection 70(3) of the Act

An application to the Tribunal under subsection 70(3) of the Act (to determine

equitable remuneration for the making of a cinematograph film of an artistic

work for including the work in a television broadcast):

(a) must set out the circumstances or events giving rise to the application and,

in particular, must:

(i) identify the artistic work; and

(ii) identify the cinematograph film; and

(iii) state whether the applicant is the owner of the copyright in the work

or the maker of the film; and

(iv) if the applicant is the owner of the copyright—state the name of the

maker of the film; and

(v) if the applicant is the maker of the film—state the name of the owner

of the copyright; and

(b) must request the Tribunal to determine the amount that is equitable

remuneration to the owner of the copyright for the making of the film.

70 Matters to be included in application under subsection 107(3) of the Act

An application to the Tribunal under subsection 107(3) of the Act (to determine

equitable remuneration for making a copy of a sound recording for

broadcasting):

(a) must set out the circumstances or events giving rise to the application and,

in particular, must:

(i) identify the sound recording; and

(ii) identify the copy; and

(iii) state whether the applicant is the owner of the copyright in the

recording or the maker of the copy; and

(iv) if the applicant is the owner of the copyright—state the name of the

maker of the copy; and

(v) if the applicant is the maker of the copy—state the name of the owner

of the copyright; and

(b) must request the Tribunal to determine the amount that is equitable

remuneration to the owner of the copyright for the making of the copy.

71 Matters to be included in application under paragraph 108(1)(a) of the Act

An application to the Tribunal under paragraph 108(1)(a) of the Act (to

determine equitable remuneration for causing a published sound recording to be

heard in public):

(a) must set out the circumstances or events giving rise to the application and,

in particular, must:

(i) identify the sound recording; and

(ii) state whether the applicant is the owner of the copyright in the

recording or the person causing the recording to be heard in public;

and

(iii) if the applicant is the owner of the copyright—state the name of the

person causing the recording to be heard in public; and

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(iv) if the applicant is the person causing the recording to be heard in

public—state the name of the owner of the copyright; and

(b) must request the Tribunal to determine the amount that is equitable

remuneration to the owner of the copyright for the causing of the recording

to be heard in public.

72 Matters to be included in application under paragraph 113P(4)(b) of the Act

An application to the Tribunal under paragraph 113P(4)(b) of the Act (to

determine a question relating to copying or communicating by a body

administering an educational institution) must:

(a) set out the circumstances or events giving rise to the application; and

(b) state whether the applicant is the body or a works collecting society or

broadcasts collecting society; and

(i) identify the nature of education provided by the institution or the

nature of the material provided by the institution for the purpose of

helping other educational institutions in their teaching purposes; and

(ii) state the name of the collecting society; and

(d) if the applicant is a collecting society:

(i) give details of the notice relating to it under subsection 113V(5) of the

Act; and

(ii) state the name of the body; and

(e) state the question; and

(f) request the Tribunal to determine the question.

73 Application under paragraph 113R(2)(b) of the Act

Matters to be included in application

(1) An application under paragraph 113R(2)(b) of the Act (to determine the amount

of the equitable remuneration that the body administering an educational

institution undertakes to pay a collecting society for licensed copying or

communicating) must:

(a) set out the circumstances or events giving rise to the application; and

(b) state whether the applicant is the body administering the institution or the

collecting society; and

(i) identify the nature of education provided by the institution or the

nature of the material provided by the institution for the purpose of

helping other educational institutions in their teaching purposes; and

(ii) state the name of the collecting society; and

(d) if the applicant is the collecting society:

(i) give details of the notice relating to it under subsection 113V(5) of the

Act; and

(ii) state the name of the body; and

(e) request the Tribunal to determine the amount.

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Matters for Tribunal to consider in determining equitable remuneration

(2) The following matters are prescribed for the purposes of column 3 of item 2 of

the table in subsection 153A(4) of the Act (as matters the Tribunal must have

regard to in determining the amount of the equitable remuneration the body

administering an educational institution undertakes to pay for licensed copying

or communicating involving the whole or part of a work or broadcast):

(a) the nature of:

(i) the work; or

(ii) any work, sound recording or cinematograph film included in the

broadcast;

(b) the nature of the institution;

works, educational sound recordings and educational cinematograph films

in Australia;

(d) the purpose and character of the copying or communication;

(e) the effect of the copying or communication on the market for, or value of,

the material copied or communicated;

(f) the special circumstances of persons undertaking correspondence courses

or external study courses provided by the institution, including any

difficulties faced by those persons in:

(i) engaging in a fair dealing covered by section 40 or 103C of the Act;

(ii) making a request and declaration to which section 49 of the Act

applies;

(g) any unremunerated contribution by the institution to the creation of the

material copied or included in the broadcast.

Note: Item 2 of the table in subsection 153A(4) of the Act is about dealing with an

application under paragraph 113R(2)(b) of the Act.

74 Matters to be included in application under paragraph 113S(4)(b) of the Act

An application under paragraph 113S(4)(b) of the Act (to determine a question

relating to entry of a person authorised by a collecting society onto premises of

an educational institution) must:

(a) set out the circumstances or events giving rise to the application; and

(b) state whether the applicant is the body administering the institution or the

collecting society; and

(i) identify the nature of education provided by the institution or the

nature of the material provided by the institution for the purpose of

helping other educational institutions in their teaching purposes; and

(ii) state the name of the collecting society; and

(d) if the applicant is the collecting society:

(i) give details of the notice relating to it under subsection 113V(5) of the

Act; and

(ii) state the name of the body; and

(e) state the question; and

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(f) request the Tribunal to determine the question.

75 Matters to be included in references under paragraph 113V(2)(c) of the Act

A reference to the Tribunal under paragraph 113V(2)(c) of the Act (of an

application by a body to be declared as a collecting society) must:

(a) state the name of the body; and

(b) set out the circumstances or events giving rise to the reference; and

applies:

(i) the works collecting society for all eligible rights holders;

(ii) the works collecting society for classes of eligible rights holders

specified in the application;

(iii) the broadcasts collecting society; and

(d) if there is another body at present declared to be whichever one of

subparagraphs (c)(i), (ii) and (iii) applies—state the name of the other

body; and

(e) request the Tribunal to determine the application by declaring the body to

be a collecting society under section 113V of the Act or by rejecting the

application.

76 Matters to be included in references under paragraph 113X(2)(b) of the Act

A reference to the Tribunal under paragraph 113X(2)(b) of the Act (of the

question whether the declaration of a body as a collecting society should be

revoked) must:

(a) state the name of the collecting society; and

(b) state the provision of the Act under which the declaration was made; and

declared to be a collecting society; and

(d) give details of the notifiable instrument by which the Minister gave notice

of the declaration; and

(e) state each matter described in a paragraph of subsection 113X(1) of the Act

of which the Minister is satisfied and why; and

(f) request the Tribunal to determine the question whether the declaration of

the body as the collecting society should be revoked.

77 Matters to be included in applications under subsection 113ZB(1) of the Act

An application to the Tribunal under subsection 113ZB(1) of the Act (to review a

collecting society’s actual or proposed arrangement for distributing amounts it

collects) must:

(a) state whether the applicant is the collecting society or a member of the

collecting society; and

(b) state whether the application is for review of the arrangement adopted, or

for review of an arrangement proposed to be adopted, by the collecting

society for distributing amounts it collects in a period; and

(d) give details of the arrangement; and

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(e) request the Tribunal to determine the application by making an order

confirming the arrangement, varying the arrangement or substituting for

the arrangement another arrangement; and

(f) if variation of the arrangement is requested—give details of the variation;

and

(g) if substitution for the arrangement of another arrangement is sought—give

details of the other arrangement.

78 Matters to be included in application under subsection 135ZZM(1) of the Act

An application to the Tribunal under subsection 135ZZM(1) of the Act (to

determine equitable remuneration payable under a remuneration notice given to a

collecting society by or on behalf of a retransmitter for one or more

retransmissions of free-to-air broadcasts) must:

(a) set out the circumstances or events giving rise to the application; and

(b) state whether the applicant is the retransmitter or the collecting society; and

society; and

(d) if the applicant is the collecting society:

(i) give details of the declaration of the society under section 135ZZT of

the Act; and

(ii) state the name of the retransmitter; and

(e) identify the retransmission or retransmissions; and

(f) identify the classes of works, sound recordings or cinematograph films that

are included in the retransmission or retransmissions; and

(g) request the Tribunal to determine an amount that is equitable remuneration

for the making of the retransmission or retransmissions while the

remuneration notice is in force, so far as that equitable remuneration relates

to the identified classes of works, sound recordings or cinematograph

films.

79 Matters to be included in application under subsection 135ZZN(3) of the Act

An application to the Tribunal under subsection 135ZZN(3) of the Act (for

determining a record system, to be established and maintained by a retransmitter

that gave a collecting society a remuneration notice, for records of titles of

programs included in retransmissions) must:

(a) set out the circumstances or events giving rise to the application; and

(b) state whether the applicant is the retransmitter or the collecting society; and

society; and

(d) if the applicant is the collecting society:

(i) give details of the declaration of the society under section 135ZZT of

the Act; and

(ii) state the name of the retransmitter; and

(e) identify the retransmissions; and

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(f) request the Tribunal to determine the record system that must be

established and maintained by the retransmitter under

subsection 135ZZN(1) of the Act.

80 Matters to be included in references under paragraph 135ZZT(1A)(c) of the

Act

A reference to the Tribunal under paragraph 135ZZT(1A)(c) of the Act (of an

application by a body to be declared as a collecting society) must:

(a) state the name of the body; and

(b) set out the circumstances or events giving rise to the reference; and

section 135ZZT of the Act; and

(d) state whether the declaration sought is as a collecting society for all

relevant copyright owners or for classes of relevant copyright owners; and

(e) if there is another body at present declared in relation to those copyright

owners as a collecting society under section 135ZZT of the Act—state the

name of the other body; and

(f) request the Tribunal to determine the application by declaring the body to

be a collecting society under section 135ZZT of the Act or by rejecting the

application.

81 Matters to be included in references under paragraph 135ZZU(2)(b) of the

Act

A reference to the Tribunal under paragraph 135ZZU(2)(b) of the Act (of the

question whether the declaration of a body as a collecting society should be

revoked) must:

(a) state the name of the collecting society; and

(b) state the provision of the Act under which the declaration was made; and

owners for which the collecting society is declared; and

(d) give details of the declaration of the society under section 135ZZT of the

Act; and

(e) state each matter described in a paragraph of subsection 135ZZU(1) of the

Act of which the Minister is satisfied and why; and

(f) request the Tribunal to determine the question whether the declaration of

the body as the collecting society should be revoked.

82 Matters to be included in application under subsection 135ZZWA(1) of the

Act

An application to the Tribunal under subsection 135ZZWA(1) of the Act (to

review a collecting society’s actual or proposed arrangement for distributing

amounts it collects) must:

(a) state whether the applicant is the collecting society or a member of the

collecting society; and

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(b) state whether the application is for review of the arrangement adopted, or

for review of an arrangement proposed to be adopted, by the collecting

society for distributing amounts it collects in a period; and

(d) give details of the arrangement; and

(e) request the Tribunal to determine the application by making an order

confirming the arrangement, varying the arrangement or substituting for

the arrangement another arrangement; and

(f) if variation of the arrangement is requested—give details of the variation;

and

(g) if substitution for the arrangement of another arrangement is sought—give

details of the other arrangement.

83 Matters to be included in application under subsection 135ZZZS(1) of the

Act

An application to the Tribunal under subsection 135ZZZS(1) of the Act (to

review a collecting society’s actual or proposed arrangement for distributing

amounts it collects) must:

(a) state whether the applicant is the collecting society or a member of the

collecting society; and

(b) state whether the application is for review of the arrangement adopted, or

for review of an arrangement proposed to be adopted, by the collecting

society for distributing amounts it collects in a period; and

(d) give details of the arrangement; and

(e) request the Tribunal to determine the application by making an order

confirming the arrangement, varying the arrangement or substituting for

the arrangement another arrangement; and

(f) if variation of the arrangement is requested—give details of the variation;

and

(g) if substitution for the arrangement of another arrangement is sought—give

details of the other arrangement.

84 Matters to be included in application under subsection 152(2) of the Act

An application to the Tribunal under subsection 152(2) of the Act (for an order

about determining the amount payable by a broadcaster to the owners of

copyrights in published sound recordings for broadcasting those recordings in a

period) must:

(a) state whether the applicant is the broadcaster or the owner of a copyright in

a published sound recording; and

(b) if the applicant is the owner of such a copyright—state the name of the

broadcaster; and

(d) request the Tribunal to make an order determining, or making provision for

determining, the amount payable by the broadcaster to the owners of

copyrights in published sound recordings in respect of the broadcasting

during that period of those recordings by that broadcaster.

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85 Matters to be included in application under subsection 152(12) of the Act

An application to the Tribunal under subsection 152(12) of the Act (for

amendment of an order under subsection 152(6) of the Act to specify the

applicant as one of the persons among whom the amount determined in

accordance with the order is to be divided) must:

(a) specify the order; and

(b) request the Tribunal to amend the order so as to specify the applicant as

one of the persons among whom the amount specified in, or determined in

accordance with, the order is to be divided.

86 Matters to be included in application under subsection 153F(1) of the Act

An application to the Tribunal under subsection 153F(1) of the Act (for a

declaration that a company be a collecting society for the purposes of Division 2

of Part VII of the Act) must:

(a) state that the criteria in subsection 153F(6) of the Act are met and detail

how they are met; and

(b) state whether the applicant seeks a declaration for all government copies or

a class of government copies; and

of the Act for the government copies for which the applicant seeks a

declaration—state the name of that company; and

(d) request the Tribunal to determine the application by declaring the applicant

to be a collecting society for the purposes of Division 2 of Part VII of the

Act or by rejecting the application.

87 Matters to be included in application under subsection 153G(1) of the Act

An application to the Tribunal under subsection 153G(1) of the Act (for

revocation of a declaration under section 153F that a company be a collecting

society for the purposes of Division 2 of Part VII of the Act) must:

(a) if the applicant is not the collecting society—state the name of the

collecting society; and

(b) state that the company is declared to be a collecting society under

section 153F of the Act; and

the collecting society; and

(d) state the grounds in subsection 153G(5) of the Act that will be relied on in

the case; and

(e) request the Tribunal to revoke the declaration of the company as a

collecting society.

88 Matters to be included in application under subsection 153K(1) of the Act

An application to the Tribunal under subsection 153K(1) of the Act (for an order

determining the method for working out remuneration payable under

subsection 183A(2) of the Act for government copies made for the services of a

government in a period):

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(a) must set out the circumstances or events giving rise to the application and,

in particular, must:

(i) identify the copyright material relevant to the application; and

(ii) state the period for which the order is sought; and

(iii) state whether the government copies made in the period were made by

the Commonwealth or by a State, and, if a State, name the State; and

(iv) state that subsection 183(5) of the Act does not apply to the

government copies made in the period because a company is the

relevant collecting society for the purposes of Division 2 of Part VII

of the Act for the copies, and the society has not ceased operating as

that collecting society; and

(v) if a government copy is to be omitted from the Tribunal’s order

determining the method—state the reason for the omission; and

(b) must request the Tribunal to make an order determining the method for

working out remuneration payable under subsection 183A(2) of the Act for

government copies made for the services of the government in the

particular period.

89 Matters to be included in reference under section 154 of the Act

(1) A reference of a licence scheme to the Tribunal by a licensor under section 154

of the Act must:

(a) state that the licensor proposes to bring the scheme into operation; and

(b) state whether the scheme relates to:

(i) licences in respect of literary, dramatic or musical works; or

(ii) licences in respect of sound recordings; or

(iii) licences both in respect of literary, dramatic or musical works and in

respect of sound recordings; and

(i) is the owner or prospective owner of the copyright in the works or

recordings; or

(ii) is acting as agent for the owners or prospective owners in relation to

the negotiation or granting of such licences; and

(d) request the Tribunal to make such order, confirming or varying the scheme

or substituting for the scheme another scheme proposed by one of the

parties, as the Tribunal considers reasonable in the circumstances.

(2) The reference must include a copy of the licence scheme.

90 Reference of existing licence scheme under section 155 of the Act

(1) A reference of a licence scheme to the Tribunal under section 155 of the Act

must:

(a) state whether the person referring the scheme is:

(i) the licensor operating the scheme; or

(ii) an organization claiming to be representative of persons requiring

licences in cases included in a class of cases to which the scheme

applies; or

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(iii) a person claiming that he or she requires a licence in a case included

in a class of cases to which the scheme applies; and

(b) specify the class of cases to which the reference relates; and

reference; and

(d) set out details of the matter in dispute; and

(e) request the Tribunal to make such order, confirming or varying the scheme

or substituting for the scheme another scheme proposed by one of the

parties, so far as it relates to the class of cases to which the reference

relates, as the Tribunal considers reasonable in the circumstances.

(2) If the reference is made by an organization claiming to be representative of

persons requiring licences, the Tribunal must, before determining the question

whether the organization is reasonably representative of the class of persons that

it claims to represent, give each of the following an opportunity to present a case

in relation to that question:

(a) every other party to the reference;

(b) every person who has applied to be made a party to the reference and

whose application has not been determined.

91 Reference under section 156 of the Act

(1) A reference to the Tribunal under section 156 of the Act of a licence scheme

reflecting an order of the Tribunal under section 154 or 155 of the Act so far as it

relates to cases in a class must:

(a) specify:

(i) the date when the Tribunal last made an order with respect to the

scheme that applies to the class; and

(ii) the relevant file number for the Tribunal proceedings in which that

order was made; and

(b) specify the class; and

(i) the licensor operating the scheme; or

(ii) an organization claiming to be representative of persons requiring

licences in cases included in the class; or

(iii) a person claiming that he or she requires a licence in a case included

in the class; and

(d) if the reference arises from a dispute:

(i) state the name of the other party to the dispute; and

(ii) set out details of the matter in dispute; and

(e) if leave of the Tribunal is required for the making of the reference:

(i) if that leave has already been granted—specify the date when the

Tribunal granted the leave and the relevant file number; and

(ii) in any other case—state the grounds on which leave is sought for the

making of the reference and request the Tribunal to grant leave for the

making of the reference; and

(f) request the Tribunal to make an order about the scheme as previously

confirmed, varied or substituted, by confirming or varying the scheme or

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substituting for the scheme another scheme proposed by one of the parties,

as the Tribunal considers reasonable in the circumstances.

Note: Section 92 deals with applications for leave.

(2) If the reference is made by an organization claiming to be representative of

persons requiring licences, the Tribunal must, before determining the question

whether the organization is reasonably representative of the class of persons that

it claims to represent, give each of the following an opportunity to present a case

in relation to that question:

(a) every other party to the reference;

(b) every person who has applied to be made a party to the reference and

whose application has not been determined.

92 Application for leave under subsection 156(2) of the Act to refer licence

scheme to the Tribunal

(1) This section applies if a person:

(a) wants the leave of the Tribunal under subsection 156(2) of the Act to refer

to the Tribunal under subsection 156(1) of the Act a licence scheme

reflecting an order of the Tribunal under section 154 or 155 of the Act so

far as it relates to cases in a class; and

(b) wants the leave granted before the preliminary hearing or the hearing of the

reference.

(2) The person must make an application to the Tribunal that:

(a) describes the general nature of the scheme as previously confirmed, varied

or substituted by the Tribunal; and

(b) specifies the class of cases in relation to which the applicant wishes to refer

the scheme to the Tribunal; and

(i) the date when the Tribunal last made an order with respect to the

scheme in relation to that class of cases; and

(ii) the relevant file number; and

(d) if the proposed reference arises from a dispute:

(i) states the name of the other party to the dispute; and

(ii) sets out details of the matter in dispute; and

(e) states the grounds on which leave is sought for the making of the reference;

and

(f) requests the Tribunal to grant leave to the applicant to refer the scheme to

the Tribunal in so far as it relates to that class of cases.

(3) The parties to the application are:

(a) the applicant; and

(b) if the application is not made by the licensor operating the scheme—that

licensor; and

the application and are made parties to the application under subsection (4).

(4) The Tribunal may make a person party to the application if the person:

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(a) applies to the Tribunal to be made a party to the application; and

(b) appears to the Tribunal to have a substantial interest in the operation of the

scheme so far as it relates to the class of cases specified in the application.

(5) The Tribunal must:

(a) consider the application; and

(b) give the parties to the application an opportunity to present their cases; and

thinks fit.

93 Application under subsection 157(1) of the Act

(1) An application to the Tribunal under subsection 157(1) of the Act (relating to the

refusal or failure of a licensor operating a licence scheme to grant, or procure the

grant, to the applicant of a licence in accordance with the scheme):

(a) must set out the circumstances or events giving rise to the application and,

in particular, must:

(i) specify the case in which a licence is required by the applicant; and

(ii) specify the licence scheme; and

(iii) state the name of the licensor; and

(iv) specify the date or approximate date on which the applicant requested

the licensor to grant, or procure the grant, of a licence in accordance

with the scheme; and

(b) must request the Tribunal to make:

(i) an order stating the charges and the conditions that the Tribunal

considers apply under the scheme for the applicant; or

(ii) an order that the applicant be granted a licence in the terms proposed

by the applicant, the licensor or another party to the application.

(2) The licensor is a party to the application.

94 Application under subsection 157(2) of the Act

(1) An application to the Tribunal under subsection 157(2) of the Act (relating to a

claim that the grant of a licence in accordance with a licence scheme in a case in

which the applicant requires a licence would be subject to charges or conditions

that are not reasonable in the circumstances of the case):

(a) must set out the circumstances or events giving rise to the application and,

in particular, must:

(i) specify the case; and

(ii) specify the licence scheme; and

(iii) state the name of the licensor operating the scheme; and

(iv) specify the charges or conditions that the applicant claims are not

reasonable; and

(b) must request the Tribunal to make:

(i) an order stating the charges and the conditions that the Tribunal

considers reasonable in the circumstances for the applicant; or

(ii) an order that the applicant be granted a licence in the terms proposed

by the applicant, the licensor or another party to the application.

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(2) The licensor is a party to the application.

95 Application under subsection 157(3) of the Act

(1) This section applies to an application to the Tribunal under subsection 157(3) of

the Act relating to a claim that the applicant requires a licence in a case to which

a licensing scheme does not apply and that a licensor:

(a) has unreasonably refused or failed to grant, or procure the grant, of the

licence; or

(b) proposes that the licence should be granted subject to the payment of

charges, or to conditions, that are unreasonable.

(2) The application must set out the circumstances or events giving rise to the

application and, in particular, must:

(a) specify the case; and

(b) state the name of the licensor; and

licence—specify the date or approximate date on which the applicant

requested the licensor to grant, or procure the grant of, the licence; and

(d) in the case of a proposal of unreasonable charges or conditions—specify

those charges or conditions.

(3) The application must request the Tribunal to make:

(a) an order that the applicant be granted a licence in the terms proposed by the

applicant, the licensor or another party to the application; or

(b) an order stating the charges and the conditions that the Tribunal considers

reasonable in the circumstances for the applicant.

(4) The licensor is a party to the application.

96 Applications under subsection 157(4) of the Act

(1) This section applies to an application to the Tribunal under subsection 157(4) of

the Act by an organization that claims:

(a) that it is representative of persons requiring licences in cases to which a

licence scheme does not apply; and

(b) that a licensor:

(a) has unreasonably refused or failed to grant, or procure the grant, of

the licences; or

(b) proposes that the licences should be granted subject to the payment of

charges, or to conditions, that are unreasonable.

(2) The application must set out the circumstances or events giving rise to the

application and, in particular, must:

(a) specify the cases in which the licences are required; and

(b) state the name of the licensor; and

licences—specify the dates or approximate dates on which the licensor was

requested to grant, or procure the grant of, the licences; and

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(d) in the case of a proposal of unreasonable charges or conditions—specify

those charges or conditions.

(3) The application must request the Tribunal to make:

(a) an order that a licence be granted, in the terms proposed by the applicant,

the licensor or another party to the application, to each person who:

(i) is specified in the order (whether by reference to a class or otherwise);

and

(ii) was represented by the applicant or was a party to the application; or

(b) an order stating the charges (if any) and the conditions that the Tribunal

considers reasonable in the circumstances for the persons represented by

the applicant.

(4) The licensor is a party to the application.

97 Application under subsection 183(5) of the Act

(1) This section applies to an application to the Tribunal to fix terms under

subsection 183(5) of the Act for the doing, by the Commonwealth, a State or a

person authorised by the Commonwealth or a State, of an act that:

(a) is comprised in copyright; and

(b) does not infringe copyright because of subsection 183(1) of the Act.

(2) The application must set out the circumstances or events giving rise to the

application and, in particular, must:

(a) identify the work or other subject-matter to which the application relates;

and

(b) identify the act; and

(i) the owner or exclusive licensee of the copyright in the work or other

subject-matter; or

(ii) the Commonwealth; or

(iii) a State; and

(d) if the applicant is the owner or exclusive licensee of the copyright:

(i) state whether the act was or is to be done by the Commonwealth, a

State or a person authorised by the Commonwealth or a State; and

(ii) if the act was or is to be done by a State or a person authorised by a

State—identify the State; and

(e) if the applicant is the Commonwealth or a State—state the name of the

owner or exclusive licensee of the copyright.

Note: Subsection 183(9) of the Act modifies subsection 183(5) of the Act to apply to the

exclusive licensee (if there is one) of the copyright instead of the owner of the

(3) The application must request the Tribunal to fix terms as between the owner or

exclusive licensee of the copyright and the Commonwealth or the State for the

doing of any of the acts comprised in the copyright under subsection 183(1) of

the Act.

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98 Matters to be included in applications under subsection 183F(1) of the Act

An application to the Tribunal under subsection 183F(1) of the Act (to review an

actual or proposed arrangement for distributing amounts collected by a collecting

society for use of copyright material by the Crown) must:

(a) state whether the applicant is the collecting society or a member of the

collecting society; and

(b) state whether the application is for review of the arrangement adopted, or

for review of an arrangement proposed to be adopted, by the collecting

society for distributing amounts it collects in a period; and

(d) give details of the arrangement; and

(e) request the Tribunal to determine the application by making an order

confirming the arrangement, varying the arrangement or substituting for

the arrangement another arrangement; and

(f) if variation of the arrangement is requested—give details of the variation;

and

(g) if substitution for the arrangement of another arrangement is sought—give

details of the other arrangement.

Subdivision C—Applications ancillary to Tribunal proceedings

99 Application to be made a party to a Tribunal proceeding

(1) An application to the Tribunal by a person seeking to be made a party to a

Tribunal proceeding must:

(a) state the date when the Tribunal proceeding was started and the relevant

file number for the proceeding; and

(b) state the interest of the person:

(i) if the Tribunal proceeding is a reference under section 113V, 135ZZT

or 135ZZZO, or an application under section 153F, of the Act—in the

question whether the applicant should be declared to be a collecting

society; and

(ii) if the Tribunal proceeding is a reference under section 113X, 135ZZU

or 135ZZZP, or an application under section 153G, of the Act—in the

question whether the declaration of the collecting society should be

revoked; and

(iii) if the Tribunal proceeding is an application under section 113ZB,

135ZZWA, 135ZZZS or 183F of the Act—in the arrangement; and

(iv) if the Tribunal proceeding is an application under section 152 of the

Act—in the matter applied for; and

(v) if the Tribunal proceeding is a reference under section 154 of the

Act—in the operation of the scheme that is referred; and

(vi) if the Tribunal proceeding is a reference under section 155 or 156, or

an application under section 157, of the Act—in the matter in dispute;

and

(vii) if the Tribunal proceeding is an application for leave of the Tribunal

under subsection 156(2) of the Act to refer a licence scheme to the

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Tribunal—in the operation of the scheme so far as it relates to the

class of cases specified in the application; and

(viii) if the Tribunal proceeding is a reference or application under

Subdivision H of Division 3 of Part VI of the Act and the person is the

Australian Competition and Consumer Commission—in the matter

that is referred or applied for; and

(2) The application must be dealt with at the preliminary hearing (if any) or the

hearing of the Tribunal proceeding.

(3) The Tribunal must give each of the following an opportunity to make a

presentation on whether the applicant should be made a party to the Tribunal

proceeding:

(a) the applicant;

(b) every party to the Tribunal proceeding;

proceeding and whose application has not been determined.

100 Application for order about matter related to Tribunal proceeding

(1) A party to a Tribunal proceeding (except an application to be made a party to

another Tribunal proceeding) may apply to the Tribunal requesting the Tribunal

to make an order with respect to any matter relating to the proceeding.

(2) The application must:

(a) state the date when the Tribunal proceeding was started and the relevant

file number for the proceeding; and

(b) set out the circumstances or events giving rise to the application.

101 Consenting to order about matter related to Tribunal proceeding

(1) If an application is made under subsection 100(1) for an order with respect to any

matter relating to a Tribunal proceeding, a party to the proceeding may consent

to the making of the order.

(2) The consent may be endorsed on the application or set out in a separate

document filed with the Registrar.

(3) If the consent is set out in a separate document that is not filed with the

application, the party must give the applicant a copy of the document within 7

days after the document is filed.

102 When notice or copy of application under section 100 need not be given

(1) A party that has consented to the making of an order applied for under

section 100 need not be given:

(a) notice of the application; or

(b) a copy of the application.

(2) If the President or the Tribunal gives leave, a person who has not consented to

the making of an order applied for under section 100 need not be given:

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(a) notice of the application; or

(b) a copy of the application.

103 Dealing with application under section 100

(1) The Tribunal must consider an application made under section 100 and may

make such order in relation to the application as the Tribunal considers

reasonable in the circumstances.

(2) However, the Tribunal:

(a) must not refuse the application in whole or in part without giving the

applicant an opportunity to present a case; and

(b) must not grant the application in whole or in part without giving each party

that lodged an objection to the application an opportunity to present a case.

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Division 4—Ancillary matters

Subdivision A—General

104 Consolidating applications and references

(1) If 2 or more applications or references are pending before the Tribunal, the

Tribunal may, on its own initiative or on the application of a party to any of

them:

(a) direct that some or all of them be considered together; and

(b) give such consequential directions as the Tribunal considers necessary.

Note: This allows consideration together of 2 or more applications, 2 or more references or a

combination of one or more applications and one or more references.

Consulting parties before consolidating

(2) Before giving a direction under this section, the Tribunal must give each party to

each application or reference concerned an opportunity to present a case.

105 Directions as to procedure

Directions for Tribunal proceedings that have not started to be heard

(1) If the Tribunal has not started hearing a Tribunal proceeding, the President may:

(a) give directions; or

(b) authorise a member of the Tribunal to give directions;

as to the procedure to be followed in connection with the hearing before the

Tribunal of the proceeding.

(2) A direction or authorisation by the President under subsection (1) may:

(a) be of general application; or

(b) relate to the hearing of:

(i) one or more particular proceedings; or

(ii) proceedings included in a particular class of proceedings.

Directions for Tribunal proceedings that have started to be heard

(3) If the Tribunal has started hearing a Tribunal proceeding:

(a) the member of the Tribunal presiding; or

(b) any other member of the Tribunal authorised by the member presiding;

may give directions as to the procedure to be followed in connection with the

hearing before the Tribunal of the proceeding and of any related Tribunal

proceeding (whether or not the Tribunal has started to hear the related

proceeding).

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Variation and revocation of directions given under this section

(4) A direction or authorisation given under this section may be varied or revoked at

any time by a member of the Tribunal who may give the direction or

authorisation under this section.

106 Request as to constitution of Tribunal

(1) A request under subsection 146(3) of the Act by a party to an application or

reference that the Tribunal be constituted by more than one member for the

purposes of that application or reference must:

(a) be in writing addressed to the Registrar; and

(b) specify the day on which the application or reference was filed with the

Registrar and the relevant file number; and

(d) be signed by or on behalf of that party; and

(e) be filed with the Registrar before the Tribunal begins to consider the

application or reference.

(2) The party making the request must give every other party to the application or

reference a sealed copy of the request within 7 days after filing the request.

107 Withdrawal of application or reference

Leave for withdrawal

(1) A person who has made an application or reference to the Tribunal may, with the

leave of the Tribunal, withdraw the application or reference at any time before

the Tribunal has determined it.

Note: Subsections 154(6) and 155(7) of the Act allow withdrawal of certain references

without the leave of the Tribunal.

(2) The leave of the Tribunal may be granted unconditionally or subject to such

conditions as the Tribunal thinks reasonable.

Method of withdrawal

(3) Withdrawal of an application or reference to the Tribunal must be made by:

(a) filing with the Registrar a notice in writing:

(i) addressed to the Registrar; and

(ii) specifying the day on which the application or reference was made

and the relevant file number; and

(iii) stating that the person who made the application or reference

withdraws it; and

(iv) signed by or on behalf of that person; and

(b) giving every other party to the application or reference a sealed copy of the

notice.

This applies whether the withdrawal is made with the leave of the Tribunal or

under subsection 154(6) or 155(7) of the Act (applying of its own force or

because of subsection 156(5)) of the Act.

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108 Amendment of documents

(1) The Tribunal may grant leave to a party to a Tribunal proceeding to amend a

document the party previously filed with the Registrar in connection with the

proceeding.

(2) The leave may be granted unconditionally or subject to such conditions as the

Tribunal thinks reasonable.

(3) If the leave is granted, the party must file with the Registrar a statement of the

amendments.

(4) The amendments are taken to be made when the statement is filed.

(5) The party must give every other party to the Tribunal proceeding a sealed copy

of the statement within 7 days after filing the statement.

Subdivision B—References of questions of law to Federal Court of

Australia

109 Request for reference of question of law to Federal Court of Australia

Form and content of request

(1) A request to the Tribunal for the reference of a question of law in a Tribunal

proceeding to the Federal Court of Australia under subsection 161(1) of the Act

must:

(a) be in writing addressed to the Registrar; and

(b) state the name of the party making the request; and

(d) be signed by or on behalf of the party making the request; and

(e) be filed with the Registrar.

Notice of request

(2) The party making the request must give every other party to the Tribunal

proceeding a sealed copy of the request, and a notice of the party’s right under

subsection (3):

(a) in any case—within 7 days after filing the request with the Registrar; and

(b) if the hearing of the proceeding to which the request relates has not

commenced or has been adjourned—not later than the day fixed for the

commencement of the hearing or to which the hearing has been adjourned.

Presenting case to the Tribunal relating to request

(3) A party to the proceeding may present a case in writing to the Tribunal in

relation to the request within 21 days after:

(a) if the party made the request—filing the request with the Registrar; or

(b) if the party was given a sealed copy of the request—being given that copy.

(4) The Tribunal may give to each party to the Tribunal proceeding an opportunity to

present a case orally to the Tribunal in relation to the request.

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Notice of decision on request

(5) The Registrar must give notice of the Tribunal’s decision on the request to:

(a) the party that made the request; and

(b) each other party that:

(i) presented a case to the Tribunal in relation to the request; or

(ii) notified the Tribunal that the party wished to be informed of the

decision.

110 Fixing new date for hearing if party requests reference of question of law to

Federal Court of Australia

(1) This section applies if:

(a) a party to a Tribunal proceeding requests the Tribunal to refer a question of

law to the Federal Court of Australia under subsection 161(1) of the Act;

and

(b) a day has been fixed for a hearing (whether or not a further hearing) of the

proceeding that is less than 28 days after the filing of the request.

(2) The President must fix a new day for the hearing of that Tribunal proceeding that

is more than 28 days after the filing of the request.

(3) The Registrar must give the parties to the Tribunal proceeding notice of the new

day.

111 Adjournment of Tribunal proceeding pending decision of Federal Court of

Australia

If:

(a) under subsection 161(1) of the Act the Tribunal refers a question of law

arising in a Tribunal proceeding for determination by the Federal Court of

Australia; and

(b) the Tribunal has not given its decision in the proceeding;

the Tribunal must adjourn its hearing of the proceeding until the question has

been heard and determined by the Federal Court of Australia.

112 Tribunal proceeding after determination of question of law by Federal

Court of Australia

(1) If a question of law arising in a Tribunal proceeding has been referred to the

Federal Court of Australia under section 161 of the Act, and determined by the

Court, any party to the proceeding before the Court may file with the Registrar

an office copy of the Court’s order.

(2) When the copy has been filed, the President must fix a time and place for the

resumption of the hearing of the Tribunal proceeding, unless:

(a) the question of law was referred to the Federal Court of Australia after the

Tribunal had given its decision in the Tribunal proceeding; and

(b) that decision is consistent with the determination of the Court.

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(3) The Registrar must give the parties to the Tribunal proceeding notice of the time

and place fixed.

113 Prescribed period for purposes of subsection 161(2) of the Act

For the purposes of subsection 161(2) of the Act, the prescribed period (for

requesting a reference of a question of law to the Federal Court of Australia after

the Tribunal gave its decision in a Tribunal proceeding) is 28 days from the date

on which the Tribunal gave its decision.

114 Prescribed period for purposes of subsection 161(3) of the Act

For the purposes of subsection 161(3) of the Act, the prescribed period (for

applying to the Federal Court of Australia for an order that the Tribunal refer to

the Court a question of law that the Tribunal has refused to refer after giving its

decision in a Tribunal proceeding) is 28 days from the date on which the

Tribunal refuses the request for a reference.

115 Suspension of orders of Tribunal pending reference of question of law to

Federal Court of Australia

(1) If, after the Tribunal has given its decision in a Tribunal proceeding, the Tribunal

refers to the Federal Court of Australia a question of law that arose in the

Tribunal proceeding, the Tribunal may suspend the operation of any order it

made in the Tribunal proceeding.

(2) The Registrar must:

(a) give every party to the Tribunal proceeding written notice of the

suspension; and

(b) if details of the order have been published under a direction given under

subsection 62(4)—publish details of the suspension in a manner specified

by the President.

116 Modified operation of Part VI of the Act in relation to suspended Tribunal

orders

While an order of the Tribunal is suspended:

(a) paragraph 154(6)(a), and subsections 155(8) and (10), of the Act operate as

if the order had not been made; and

(b) paragraph 154(6)(b) of the Act operates as if the order had not been

suspended; and

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Division 5—Miscellaneous

117 Parties to Tribunal proceeding are also parties to ancillary application

connected with Tribunal proceeding

If, under a provision of the Act or this instrument, a person is a party to a

Tribunal proceeding, the person is, for the purposes of this instrument, also a

party to any ancillary application that is made under this instrument and is

connected with the Tribunal proceeding.

118 Extension of time

(1) The Tribunal or the President may extend the time prescribed or allowed by or

under this Part for doing any act by such period or periods as the Tribunal or the

President thinks fit.

Note: Some examples of time prescribed for doing an act are time for filing a document with

the Registrar and time for giving a person a document.

(2) The extension may be subject to such conditions as the Tribunal or the President

thinks fit.

(3) The extension may be given before or after the end of the time concerned.

119 Fees for copies

(1) This section applies if, at the request of a person, the Registrar, or a member of

the staff assisting the Tribunal, makes a copy of all or part of a document that:

(a) is filed or lodged with the Tribunal in connection with an application or

reference to the Tribunal; or

(b) sets out the reasons for an order made by the Tribunal.

(2) A fee is payable by the person, consisting of:

(a) $0.80 for the first page of the document copied; and

(b) $0.20 for each extra page of the document copied.

(3) Subsection (2) does not apply if the person made the request in the performance

of his or her duties as a member of the Tribunal, the Registrar or a member of the

staff assisting the Tribunal.

120 Payment of witnesses’ fees and expenses

(1) This section applies if a person (the witness) attends, in accordance with a

summons, or at the request of a party to a Tribunal proceeding or of the Tribunal,

for either or both of the following purposes:

(a) to give evidence in a Tribunal proceeding;

(b) to produce documents or articles in a Tribunal proceeding.

(2) The person on whose behalf the witness is summoned or at whose request the

witness attends must pay the witness fees and expenses.

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(3) However, if the witness is summoned or attends at the request of the Tribunal,

the Commonwealth must pay the witness fees and expenses.

121 Summons

Form of summons to witness

(1) A summons to a witness under subsection 167(2) of the Act must be in the form

in Part 1 of Schedule 3.

Form of summons to produce documents or articles

(2) A summons to produce specified documents or articles under subsection 167(3)

of the Act must be in the form in Part 2 of Schedule 3.

Service of summons

(3) A summons under subsection 167(2) or (3) of the Act must be served on a person

by delivering a copy of the summons to the person personally.

122 Power to exempt from procedural requirements

(1) Subject to the Act, the Tribunal may, in special circumstances, exempt a person

from compliance with any procedural requirements of this Part relating to a

Tribunal proceeding.

(2) The exemption may be subject to conditions.

123 Effect of non-compliance with this Part

(1) Subject to the Act, non-compliance with this Part does not make void a Tribunal

proceeding or an order of the Tribunal.

(2) However, the Tribunal may do any of the following to the Tribunal proceeding

or order in such manner and upon such terms as the Tribunal thinks fit:

(a) set it aside wholly or in part as irregular;

(b) amend it;

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Part 12—The Crown

124 Information on use of copyright material for services of the Crown—

subsection 183(4) of the Act

(1) For the purposes of subsection 183(4) of the Act, the owner of a copyright must

be informed of the doing of any act comprised in the copyright by a notice given

in accordance with this section.

Giving the notice

(2) The notice is to be given to the owner or owner’s agent.

(3) The notice is to be given in Australia if the person giving the notice knows a way

of contacting the owner or owner’s agent in Australia.

(4) However, the notice is to be given by publishing the notice in the Gazette if the

person giving the notice for the Commonwealth or the State does not know a

way of contacting either the owner or the owner’s agent.

Content of the notice

(5) The notice must:

(a) be given in the name of the Commonwealth or the State, as appropriate;

and

(b) set out:

(i) the International Standard Book Number (if any) in respect of the

work or other subject-matter concerned if that number can be

ascertained from that work or other subject-matter; and

(ii) if such a number cannot be so ascertained, or if such a number does

not enable the work or other subject-matter concerned to be

identified—the title (if any) of that work or other subject-matter and,

if that title does not enable the work or subject-matter to be identified,

a description of the work or subject-matter that enables it to be

identified; and

(d) state whether the act has been done by the Commonwealth or the State or

by a person authorised by the Commonwealth or the State; and

(e) if the act has been done by a person authorised by the Commonwealth or

the State—state the name of that person; and

(f) state that the purpose of the notice is to inform the owner under

subsection 183(4) of the Act of the doing of the act.

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Part 13—Extension or restriction on operation of Act

125 International organizations to which the Act applies—subsection 186(1) of

the Act

For the purposes of subsection 186(1) of the Act, the organizations specified in

the following table are declared to be international organizations to which the

Act applies.

International organizations to which the Act applies

Item Organization

1 Food and Agriculture Organization of the United Nations

2 International Bank for Reconstruction and Development

3 International Centre for Settlement of Investment Disputes

4 International Civil Aviation Organization

5 International Development Association

6 International Finance Corporation

7 International Fund for Agricultural Development

8 International Labour Organization

9 International Maritime Organization

10 International Monetary Fund

11 International Telecommunication Union

12 Multilateral Investment Guarantee Agency

13 Organization of American States

14 United Nations

15 United Nations Educational, Scientific and Cultural Organization

16 United Nations Industrial Development Organization

17 Universal Postal Union

18 World Health Organization

19 World Intellectual Property Organization

20 World Meteorological Organization

21 World Tourism Organization

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Part 14—Moral rights

126 Other information and particulars for notices under section 195AT of the

Act

Notice relating to artistic work affixed to or forming part of building

(1) For the purposes of paragraph 195AT(2A)(c) of the Act, the following

information and particulars are prescribed for inclusion in a notice to an author,

or a person (the author’s representative) representing the author, relating to an

artistic work affixed to or forming part of a building:

(a) the date of the notice;

(b) the name (if any) and address of the building;

(d) the name and address of the owner of the building;

(e) the owner’s contact details during business hours, including work

telephone number and email address (if available);

(f) the name of the person who can provide the author or author’s

representative with access to the work and that person’s contact details;

(g) the business hours during which the author or author’s representative may

reasonably have access to the work;

(h) in relation to a change in the building (other than by relocation, demolition

or destruction), a brief description of the change and the extent (if any) to

which the work is likely to be affected;

(i) in relation to the relocation of the building, a brief description of the place

and form of the relocation, and the extent to which the work is likely to be

affected.

Notice relating to building or plans or instructions for construction

(2) For the purposes of paragraph 195AT(3A)(c) of the Act, the following

information and particulars are prescribed for inclusion in a notice to an author,

or a person (the author’s representative) representing the author, relating to a

building or any plans or instructions used in the construction of the building or a

part of the building:

(a) the date of the notice;

(b) the name (if any) and address of the building;

(d) the owner’s contact details during business hours, including work

telephone number and email address (if available);

(e) the name of the person who can provide the author or author’s

representative with access to the building and that person’s contact details;

(f) the business hours during which the author or author’s representative may

reasonably have access to the building;

(g) in relation to a change in the building (other than by relocation, demolition

or destruction), a brief description of the change and the extent (if any) to

which the building is likely to be affected;

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(h) in relation to the relocation of the building, a brief description of the place

and form of the relocation and the extent to which the building is likely to

be affected.

Notice relating to moveable artistic work

(3) For the purposes of paragraph 195AT(4B)(c) of the Act, the following

information and particulars are prescribed for inclusion in a notice to an author,

or a person (the author’s representative) representing the author, relating to the

removal or relocation of a moveable artistic work situated at a place that is

accessible to the public:

(a) the date of the notice;

(b) a brief description of the moveable artistic work;

moveable artistic work may be accessed;

(d) the name and address of the remover of the moveable artistic work;

(e) the remover’s contact details during business hours, including work

telephone number and email address (if available);

(f) if necessary, the name of the person who can provide the author or author’s

representative with access to the moveable artistic work, and that person’s

contact details;

(g) if necessary, the business hours during which the author or author’s

representative may reasonably have access to the moveable artistic work;

(h) if the moveable artistic work is to be permanently removed or relocated,

the address or description of the new location or storage location (if not

open to the public) of the moveable artistic work;

(i) if the removal or relocation of the moveable artistic work will result in a

change of ownership in the work, the name and address of the new owner.

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Part 15—Miscellaneous

127 Period for keeping declarations relating to copying in library or archives—

subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act

For the purposes of subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the

Act, the period for keeping the declaration is 4 years after the making of the

reproduction to which the declaration relates.

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Transitional matters Part 16

Section 128

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Part 16—Transitional matters

128 Directions about information relating to objection to import of copyright

material

A direction in force under subregulation 21(1) of the Copyright

Regulations 1969 (relating to import into Australia of copyright material)

immediately before the commencement of Part 9 of this instrument has effect on

and after that commencement as if it had been given under subsection 52(1) of

this instrument.

129 Objection to import of copyright material into Norfolk Island

A notice in force under subregulation 23(2) of the Copyright Regulations 1969

(relating to import into Norfolk Island of copyright material) immediately before

the commencement of Part 9 of this instrument has effect on and after that

commencement, for the purposes of section 53 of this instrument relating to

Norfolk Island, as if the notice:

(a) had been given under subsection 135(2) of the Act when it was given under

subregulation 23(2) of the Copyright Regulations 1969; and

(b) were subject to subsections 135(6) and (6A) of the Act (about revocation

and declaration of ineffectiveness of the notice).

Note: The notice does not have effect for the purposes of section 53 of this instrument

relating to other Territories or for the purposes of section 135 of the Act applying apart

from section 53 of this instrument to imports into parts of Australia other than the

external Territories.

130 Limitation on remedies available against carriage service providers

(1) A thing done under a provision of Part 3A (Limitation on remedies available

against carriage service providers) of the Copyright Regulations 1969 before the

commencement of Part 6 of this instrument has effect on and after that

commencement as if it had been done under the corresponding provision of

Part 6 of this instrument.

(2) To avoid doubt, subsection (1) has effect even if the thing was done using a form

prescribed in a provision of Schedule 10 to the Copyright Regulations 1969. In

that case, it has effect under subsection (1) as if it had been done using a form

prescribed in a corresponding provision of Schedule 2 to this instrument.

(3) For the purposes of this section, the following table shows which provisions of

Part 6 of, and Schedule 2 to, this instrument correspond to provisions of Part 3A

(Limitation on remedies available against carriage service providers) of, and

Schedule 10 to, the Copyright Regulations 1969.

Corresponding provisions

Provision of the Copyright Regulations 1969 Corresponding provision of the Copyright

Regulations 2017

1 Regulation 20C Section 19

2 Regulation 20E Section 21

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Part 16 Transitional matters

Section 131

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Corresponding provisions

Provision of the Copyright Regulations 1969 Corresponding provision of the Copyright

Regulations 2017

3 Regulation 20F Section 22

4 Regulation 20G Section 23

5 Regulation 20I Section 24

6 Regulation 20J Section 25

7 Regulation 20K Section 26

8 Regulation 20L Section 27

9 Regulation 20M Section 28

10 Regulation 20P Section 30

11 Regulation 20Q Section 31

12 Regulation 20R Section 32

13 Regulation 20T Section 34

14 Regulation 20U Section 35

15 Part 1 of Schedule 10 Part 1 of Schedule 2

16 Part 2 of Schedule 10 Part 2 of Schedule 2

17 Part 3 of Schedule 10 Part 3 of Schedule 2

18 Part 4 of Schedule 10 Part 4 of Schedule 2

19 Part 5 of Schedule 10 Part 5 of Schedule 2

20 Part 6 of Schedule 10 Part 6 of Schedule 2

131 Things done under the Copyright Tribunal (Procedure) Regulations 1969

(1) If:

(a) a thing was done for a particular purpose under the Copyright Tribunal

(Procedure) Regulations 1969 as in force immediately before those

Regulations were repealed; and

(b) the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done

under this instrument.

(2) Without limiting subsection (1), a reference in that subsection to a thing being

done includes a reference to a notice, application, reference or other instrument

being given or made.

(3) An approval of a design of a seal of the Tribunal that was in force for the

purposes of the Copyright Tribunal (Procedure) Regulations 1969 immediately

before they were repealed continues in force as if it were a determination of the

design of the seal under subsection 58(2) of this instrument.

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Form of notice near machine for copying works, published editions or audio-visual items Schedule 1

Text of notice near machine for copying works or published editions Part 1

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Schedule 1—Form of notice near machine for copying

works, published editions or audio-visual

items Note: See sections 5 and 13.

Part 1—Text of notice near machine for copying works or

published editions

Commonwealth of Australia

Copyright Act 1968

Notice about the reproduction of works and the copying of published editions

Warning

infringement. Certain dealings with copyright will not constitute an infringement, including:

(a) a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including

a fair dealing for the purposes of research or study; or

(b) a reproduction that is authorised by the copyright owner.

It is a fair dealing to make a reproduction for research or study, of one or more articles in a

periodical publication for the same research or same course of study or, for any other work, of

a reasonable portion of a work.

For a published work in hardcopy form that is not less than 10 pages and is not an artistic

work, 10% of the number of pages, or one chapter, is a reasonable portion.

For a published work in electronic form only, a reasonable portion is not more than, in the

aggregate, 10% of the number of words in the work.

More extensive reproduction may constitute fair dealing. To determine whether it does, it is

necessary to have regard to the criteria set out in subsection 40(2) of the Act.

A court may impose penalties and award damages in relation to offences and infringements

relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and

infringements involving the conversion of material into digital or electronic form.

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Schedule 1 Form of notice near machine for copying works, published editions or audio-visual items

Part 2 Text of notice near machine for copying works, published editions or audio-visual items

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Part 2—Text of notice near machine for copying works,

published editions or audio-visual items

Commonwealth of Australia

Copyright Act 1968

Notice about the reproduction of works and the copying of published editions and

audio-visual items

Warning

infringements relating to copyright material. Higher penalties may apply, and higher damages

may be awarded, for offences and infringements involving the conversion of material into

digital or electronic form.

Reproduction of works and copying of published editions

A reproduction of material that is protected by copyright may be a copyright infringement.

Certain dealings with copyright will not constitute an infringement, including:

(a) a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including

a fair dealing for the purposes of research or study; or

(b) a reproduction that is authorised by the copyright owner.

It is a fair dealing to make a reproduction for research or study, of one or more articles in a

periodical publication for the same research or same course of study or, for any other work, of

a reasonable portion of a work.

For a published work in hardcopy form that is not less than 10 pages and is not an artistic

work, 10% of the number of pages, or one chapter, is a reasonable portion.

For a published work in electronic form only, a reasonable portion is not more than, in the

aggregate, 10% of the number of words in the work.

More extensive reproduction may constitute fair dealing. To determine whether it does, it is

necessary to have regard to the criteria set out in subsection 40(2) of the Act.

Copying of audio-visual items

Unless otherwise permitted by the Act, unauthorised use of audio-visual items in which

It is not an infringement of copyright in an audio-visual item to use that item in a manner that

is a fair dealing under section 103C of the Act.

Section 103C of the Act relates to fair dealing for the purpose of research or study and sets

out the matters that must be considered in determining whether a reproduction of an

audio-visual item is a fair dealing.

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Form of notice near machine for copying works, published editions or audio-visual items Schedule 1

Text of notice near machine for copying audio-visual items Part 3

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Part 3—Text of notice near machine for copying

audio-visual items

Commonwealth of Australia

Copyright Act 1968

Notice about the copying of audio-visual items

Warning

of audio-visual items in which copyright subsists may infringe copyright in that item.

It is not an infringement of copyright in an audio-visual item to use that item in a manner that

is a fair dealing under section 103C of the Act.

Section 103C of the Act relates to fair dealing for the purpose of research or study and sets

out the matters that must be considered in determining whether a reproduction of an

audio-visual item is a fair dealing.

A court may impose penalties and award damages in relation to offences and infringements

relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and

infringements involving the conversion of material into digital or electronic form.

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Schedule 2 Forms for Part 6

Part 1 Form of notification relating to cached copyright material

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Schedule 2—Forms for Part 6 Note: See sections 21, 22, 24, 26, 31 and 34.

Part 1—Form of notification relating to cached copyright

material

Commonwealth of Australia

Notification that cached copyright material has been removed or access has been

disabled at the originating site

To [name of carriage service provider]

1. I give this notification for the purposes of condition 3 of item 3 of the table in

subsection 116AH(1) of the Copyright Act 1968 and section 21 of the Copyright

Regulations 2017.

2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive

licensee of the copyright in the following cached copyright material, and I believe in

good faith that it has been removed from, or access to it has been disabled at, the

originating site:

[insert sufficient information to enable the carriage service provider to identify:

(a) the cached copyright material; and

(b) the originating site from which the cached copyright material has been

removed or at which access has been disabled; and

(c) the cached copyright material on the carriage service provider’s system or

network that is to be removed, or to which access is to be disabled]

3. I have taken reasonable steps to ensure that the information and statements in this

notification are accurate.

Name:

Address:

Telephone number:

Email address:

[signature]

*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee

* Omit if inapplicable

Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.

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Forms for Part 6 Schedule 2

Form of notification relating to cached copyright material Part 1

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Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notification—see section 39 of the Copyright Regulations 2017.

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Schedule 2 Forms for Part 6

Part 2 Form of notice relating to copyright material found to be infringing by Australian court

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Part 2—Form of notice relating to copyright material found

to be infringing by Australian court

Commonwealth of Australia

Notice relating to copyright material that has been found to be infringing by an

Australian court

To [name of carriage service provider]

1. I give this notice for the purposes of condition 2 of *item 4/*item 5 of the table in

subsection 116AH(1) of the Copyright Act 1968 and section 22 of the Copyright

Regulations 2017.

2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive

licensee of the copyright in the following copyright material *that resides on your

system or network/*to which you have provided a reference on your system or

network, and I believe, in good faith, that the copyright material has been found to be

infringing by an Australian court:

[insert sufficient information to enable the carriage service provider:

(a) to identify the copyright material that has been found to be infringing by an

Australian court; and

(b) to locate on the carriage service provider’s system or network the

copyright material or the reference provided by the carriage service

provider on its system or network to the copyright material]

3. I have taken reasonable steps to ensure that the information and statements in this

notice are accurate.

Name:

Address:

Telephone number:

Email address:

[signature]

*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee

* Omit if inapplicable

Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.

Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notice—see section 39 of the Copyright Regulations 2017.

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Forms for Part 6 Schedule 2

Form of notice by owner, licensee or agent of claimed infringement by storage of copyright material

Part 3

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Part 3—Form of notice by owner, licensee or agent of

claimed infringement by storage of copyright

material

Commonwealth of Australia

Notice by copyright owner, licensee or agent of claimed infringement of copyright in

copyright material

To [name of carriage service provider]

1. I give this notice for the purposes of condition 3 of item 4 of the table in

subsection 116AH(1) of the Copyright Act 1968 and section 24 of the Copyright

Regulations 2017.

2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive

licensee of the copyright in the following copyright material residing on your system

or network, and I believe, in good faith, that the storage of the material on your

system or network is not authorised by the owner or any exclusive licensee of the

infringement of the copyright in the material:

[insert sufficient information to enable the carriage service provider:

(a) to identify the copyright material in respect of which the infringement is

claimed; and

(b) to locate on the carriage service provider’s system or network the

copyright material]

3. I have taken reasonable steps to ensure that the information and statements in this

notice are accurate.

Name:

Address:

Telephone number:

Email address:

[signature]

*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee

* Omit if inapplicable

Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.

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Schedule 2 Forms for Part 6

Part 3 Form of notice by owner, licensee or agent of claimed infringement by storage of copyright

material

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Note 3: As soon as practicable after removing, or disabling access to, copyright material identified in this notice, the carriage service provider to which this notice is given must send a copy of this notice to the user who directed the carriage service provider to store the material on the carriage service provider’s system or network, along with a notice stating that the material has been removed, or access to it has been disabled, and that the user may give a counter-notice within 3 months—see section 25 of the Copyright Regulations 2017.

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Forms for Part 6 Schedule 2

Form of counter-notice in response to notice by copyright owner, licensee or agent of claimed

infringement Part 4

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Part 4—Form of counter-notice in response to notice by

copyright owner, licensee or agent of claimed

infringement

Commonwealth of Australia

Counter-notice in response to notice by copyright owner, licensee or agent of claimed

infringement of copyright

To [name of carriage service provider]

1. Having received a copy of a notice of claimed infringement from you under

section 25 of the Copyright Regulations 2017 in relation to the following copyright

material, I give this counter-notice for the purposes of condition 3 of item 4 of the

table in subsection 116AH(1) of the Copyright Act 1968 and section 26 of the

[insert sufficient information to enable the carriage service provider to identify:

(a) the copyright material in respect of which the infringement is claimed; and

(b) where on the carriage service provider’s system or network the copyright

material was stored]

2. I am the user who directed you to store the copyright material on your system or

network.

3. I believe, in good faith on the grounds set out in paragraph 4, that the notice of

claimed infringement was given because of *a mistake as to fact or law in relation to

the copyright material/*a mistake in identifying the copyright material.

4. The grounds for my belief in the statement in paragraph 3 are as follows:

[state the grounds]

Omit the following paragraph if the user does NOT live in, or carry on a business in,

Australia.

*5. I agree to comply with the orders of a court having jurisdiction in the place in

Australia where I live or undertake my business.

Omit the following paragraph if the user lives in, or carries on a business in,

Australia.

*5. I agree to comply with the orders of a court having jurisdiction in a place in Australia

where you are located and where an action for infringement of the copyright in the

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Schedule 2 Forms for Part 6

Part 4 Form of counter-notice in response to notice by copyright owner, licensee or agent of claimed

infringement

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6. I will accept service of process in any action for infringement of the copyright in the

7. I have taken reasonable steps to ensure that the information and statements in this

counter-notice are accurate.

Name:

Address:

Telephone number:

Email address:

[signature]

User

* Omit if inapplicable

Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.

Note 2: This counter-notice must be given to the carriage service provider’s designated representative within 3 months after the user receives the notice of claimed infringement to which the counter-notice relates— see section 26 of the Copyright Regulations 2017.

Note 3: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter-notice—see section 39 of the Copyright Regulations 2017.

Note 4: As soon as practicable after the carriage service provider receives this counter-notice, the carriage service provider must send a copy of it to the copyright owner, licensee or agent (who gave the notice of claimed infringement to which this counter-notice responds), together with a notice stating that if the owner, licensee or agent does not, within 10 business days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the carriage service provider will restore, or enable access to, the copyright material on its system or network—see section 27 of the Copyright Regulations 2017.

Note 5: Information that could identify a user who is an individual may be disclosed by the carriage service provider in the copy of this counter-notice or the notice referred to in Note 4 sent to the copyright owner, licensee or agent if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988. If the carriage service provider is required by a court to disclose identifying information about a user who is an individual, the information must be disclosed.

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Forms for Part 6 Schedule 2

Form of counter-notice in response to takedown of copyright material without notice from copyright

owner, licensee or agent Part 5

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Part 5—Form of counter-notice in response to takedown of

copyright material without notice from copyright

owner, licensee or agent

Commonwealth of Australia

Counter-notice in response to takedown of copyright material without notice from

copyright owner, licensee or agent

To [name of carriage service provider]

1. Having received a notice from you under section 30 of the Copyright

counter-notice for the purposes of condition 3 of item 4 of the table in

subsection 116AH(1) of the Copyright Act 1968 and section 31 of the Copyright

Regulations 2017:

[insert sufficient information to enable the carriage service provider to identify:

(a) the copyright material that has been removed, or to which access has been

disabled; and

(b) where on the carriage service provider’s system or network the copyright

material was stored]

2. I am the user who directed you to store the copyright material on your system or

network.

3. I believe, in good faith on the grounds set out in paragraph 4, that you have removed,

or disabled access to, the copyright material because of *a mistake as to fact or law in

relation to the copyright material/*a mistake in identifying the copyright material.

4. The grounds for my belief in the statement in paragraph 3 are as follows:

[state the grounds]

5. I have taken reasonable steps to ensure that the information and statements in this

counter-notice are accurate.

Name:

Address:

Telephone number:

Email address:

[signature]

User

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Schedule 2 Forms for Part 6

Part 5 Form of counter-notice in response to takedown of copyright material without notice from

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* Omit if inapplicable

Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.

Note 2: This counter-notice must be given to the carriage service provider’s designated representative within 3 months after the user receives the notice to which this counter-notice relates—see section 31 of the Copyright Regulations 2017.

Note 3: An action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter-notice—see section 39 of the Copyright Regulations 2017.

Note 4: If the carriage service provider is satisfied, on the basis of the information and statements in this counter-notice, that the copyright material is not, or is not likely to be, infringing, the carriage service provider must restore, or enable access to, the copyright material on its system or network—see section 32 of the Copyright Regulations 2017.

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Forms for Part 6 Schedule 2

Form of notice by owner, licensee or agent of claimed infringement by reference to infringing

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Part 6—Form of notice by owner, licensee or agent of

claimed infringement by reference to infringing

copyright material

Commonwealth of Australia

Notice by owner, licensee or agent of claimed infringement by reference to infringing

copyright material

To [name of carriage service provider]

1. I give this notice for the purposes of condition 3 of item 5 of the table in

subsection 116AH(1) of the Copyright Act 1968 and section 34 of the Copyright

Regulations 2017.

2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive

licensee of the copyright in the following copyright material to which you have

provided a reference on your system or network:

[insert sufficient information to enable the carriage service provider:

(a) to identify the copyright material in respect of which the infringement is

claimed; and

(b) to locate on the carriage service provider’s system or network the

reference provided by the carriage service provider to the copyright

material]

3. I believe, in good faith, that the copyright material is infringing under the Copyright

Act 1968.

4. I have taken reasonable steps to ensure that the information and statements in this

notice are accurate.

Name:

Address:

Telephone number:

Email address:

[signature]

*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee

* Omit if inapplicable

Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.

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Schedule 2 Forms for Part 6

Part 6 Form of notice by owner, licensee or agent of claimed infringement by reference to infringing

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Forms of summons Schedule 3

Summons to witness Part 1

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Schedule 3—Forms of summons Note: See section 121.

Part 1—Summons to witness

Commonwealth of Australia

Copyright Act 1968

In the Copyright Tribunal of Australia

[Title of Tribunal proceeding]

To: [name and address of witness]

1 You are summoned to attend before the Copyright Tribunal of Australia at [place] on

[day, month and year], at [time] *am/*pm and on any other days as required until the

hearing of proceedings in relation to the *application/*reference/*inquiry is completed

or you are released from further attendance.

2. You are required to attend before the Tribunal to give evidence in the proceedings.

Omit the following paragraph if the witness is not required to produce any documents

or articles. *3. You are required to bring with you and produce the following

*documents/*articles/*documents and articles: [set out the documents and articles

required]

Date:

*President/*Deputy President/*Member/*Registrar of the Copyright Tribunal of Australia

* omit, if inapplicable

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Schedule 3 Forms of summons

Part 2 Summons to produce documents or articles

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Part 2—Summons to produce documents or articles

Commonwealth of Australia

Copyright Act 1968

In the Copyright Tribunal of Australia

[Title of Tribunal proceeding]

To: [name and address of witness]

1. You are summoned to produce to the Copyright Tribunal of Australia the following *documents/*articles/*documents and articles: [set out the documents and articles

required]

2. You are required to produce the *documents/*articles/*documents and articles to

[specified person] at [specified time and specified place]

* omit, if inapplicable

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أستراليا

AU495

Copyright Regulations 2017