An Act to repeal the Copyright Amendment Act 1989, to re-enact
certain provisions of that Act, and for related purposes
(Assented to 22 December 1993)
1. This Act may be cited as the Copyright Amendment (Re-enactment) Act 1993.
(Minister's second reading speech made in -
Senate on 20 October 1993
House of Representatives on 24 November 1993)
2.(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) The amendments made by this Act are taken to have commenced on the dates
set out in the Schedule.
3. In this Act:
"Amending Act" means the Copyright Amendment Act 1989;
"Principal Act" means the Copyright Act 1968.*1*
*1* No. 63, 1968, as amended. For previous amendments, see No. 216, 1973; Nos.
37 and 91, 1976; No. 160, 1977; No. 19, 1979; No. 154, 1980; Nos. 42 and 61,
1981; No. 113, 1981 (as amended by No. 154, 1982); Nos. 26, 80 and 154, 1982;
Nos. 7, 80, 91 and 136, 1983; Nos. 43 and 165, 1984; Nos. 65 and 67, 1985;
Nos. 78 and 168, 1986; No. 23, 1987; No. 146, 1988; Nos. 28 and 32, 1989; Nos.
174 and 180, 1991; and Nos. 105 and 167, 1992.
4. The Principal Act is amended in the terms set out in:
(a) sections 3 to 14, 17, 18, 21, 23, 24, 26 and 28 of the Amending Act;
and
(b) the Schedule to the Amending Act.
5. After Part VA of the Principal Act the Part set out in section 15 of the
Amending Act (new Part VB) is inserted.
6. After section 153B of the Principal Act the sections set out in section
19 of the Amending Act (new sections 153C and 153D) are inserted.
7. After section 195A of the Principal Act the following section is
inserted:
Review of certain decisions
"195B.(1) For the purposes of this section, the following decisions are
reviewable decisions:
(a) a decision of the Attorney-General refusing to make a declaration in
respect of a body or institution under subsection 10A(1), 135P(1) or
135ZZB(1);
(b) a decision of the Attorney-General revoking a declaration made in
respect of a body or institution under subsection 10A(1), 135P(1) or
135ZZB(1);
(c) a decision of the Comptroller-General of Customs not to grant permission
under subsection 135(6).
"(2) Where the Attorney-General makes a reviewable decision referred to in
paragraph (1)(a) or (b), the Attorney-General shall cause to be sent to the
body or institution concerned a written notice containing:
(a) the terms of the decision; and
(b) a statement to the effect that, subject to the Administrative Appeals
Tribunal Act 1975, application may be made to the Administrative Appeals
Tribunal for review of the decision; and
(c) except where subsection 28(4) of that Act applies-a statement to the
effect that the body or institution may request a statement under section 28
of that Act.
"(3) Where the Comptroller-General of Customs makes a reviewable decision
referred to in paragraph (1)(c), the Comptroller-General shall cause to be
sent to the owner or importer whose interests are affected by the decision a
notice containing:
(a) the terms of the decision; and
(b) a statement to the effect that where no appeal under subsection 135(6)
has been made to the Minister for Industry, Technology and Commerce against
the decision, the owner or importer may, subject to the Administrative Appeals
Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of
the decision; and
(c) except where subsection 28(4) of that Act applies-a statement to the
effect that the owner or importer may request a statement under section 28 of
that Act.
"(4) Failure to include in a notice under subsection (2) or (3) a statement
of the kind referred to in paragraph (2)(b) or (c) or (3)(b) or (c), as the
case requires, does not affect the validity of the decision to which the
notice relates.
"(5) Subject to subsection (6), application may be made to the
Administrative Appeals Tribunal for review of a reviewable decision.
"(6) Application may not be made to the Administrative Appeals Tribunal for
review of a reviewable decision referred to in paragraph (1)(c) if a person
has appealed to the Minister for Industry, Technology and Commerce against the
decision under subsection 135(6).
"(7) Where an application is made to the Administrative Appeals Tribunal for
review of a reviewable decision referred to in paragraph (1)(c), a person is
not entitled to appeal to the Minister for Industry, Technology and Commerce
against that decision under subsection 135(6).
"(8) In this section:
'decision' has the same meaning as in the Administrative Appeals Tribunal
Act 1975.".
Note: This section re-enacts the terms of section 22 of the Amending Act,
except that the new section 195B does not include references to section
135ZZU. That section was inserted in the Principal Act by a provision of the
Amending Act which is not re-enacted by this Act.
8.(1) Section 200A of the Principal Act is taken to have ceased to apply, on
29 January 1990, to an eligible item that is a sound broadcast, a television
broadcast, or a work, sound recording or cinematograph film included in a
sound or television broadcast.
(2) Section 200A of the Principal Act is taken to have been repealed on 1
July 1990.
Note: This section re-enacts the terms of section 25 of the Amending Act.
9.(1) Section 203E of the Principal Act is amended as set out in paragraphs
27(1)(a) to (p) of the Amending Act.
(2) Section 203E of the Principal Act is further amended as set out in
paragraphs 27(3)(d) and (f) of the Amending Act.
10. In spite of anything in this Act:
(a) the Principal Act, as in force immediately before 29 January 1990,
continues to apply in relation to a copy of a television broadcast made in
reliance on section 200A of the Principal Act; and
(b) the Principal Act, as in force immediately before 1 July 1990, continues
to apply in relation to a copy of a work or other subject-matter made in
reliance on section 53A, 53B, 53C, 53D or 200A of the Principal Act;
until the end of the period of 4 years beginning on the day on which the copy
was made.
Note: This section re-enacts the terms of section 29 of the Amending Act.
11. A declaration made by the Attorney-General before the commencement of
this section under section 135P or 135ZZB of the Principal Act as purported to
be amended by the Amending Act is taken:
(a) to have been made under the Principal Act as amended by this Act; and
(b) to have taken effect on the day the declaration purported to take
effect.
12. Where:
(a) regulations were made, before the commencement of this section, under a
provision of the Principal Act as purported to be amended by the Amending Act;
and
(b) the provision of the Principal Act as amended by this Act is in the same
terms as the provision referred to in paragraph (a);
those regulations are taken to have been made under the Principal Act as
amended by this Act and to have taken effect on the day they purported to take
effect.
13. The Copyright Amendment Act 1989 is repealed.
SCHEDULE Subsection 2(2)
COMMENCEMENT OF RE-ENACTED PROVISIONS
Provision of Amending Act setting out the terms of the amendment
Provision of this Act enacting the amendment
Date of commencement
Sections 3, 5, 7, 12, 13, 21 and 28
Section 4
1 October 1989
Section 22
Section 7
1 October 1989
Sections 4, 14, 18 and 23
Section 4
29 January 1990
Section 25
Section 8
29 January 1990
Section 27
Section 9
29 January 1990
Section 29
Section 10
29 January 1990
Sections 6 and 24 and paragraph 26(a)
Section 4
1 July 1990
Section 15
Section 5
1 July 1990
Section 19
Section 6
1 July 1990
Paragraphs 26(b)-(f)
Section 4
2 July 1990
Sections 8-11 and 17
Section 4
1 October 1990
Schedule items 1, 4, 10, 12, 14, 19, 25 and 26
Section 4
1 October 1989
Schedule items 48, 49 and 53
Section 4
29 January 1990
Schedule items 2, 3, 6-9, 11, 13, 15, 18, 21-24, 27-47 and 50-52
Section 4
1 July 1990
Schedule items 5, 16, 17 and 20
Section 4
1 October 1990
Note: The dates shown in this table are the dates on which the provisions of the Amending Act were, under the Amending Act, proclaimed to commence.