عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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القوانين المعاهدات الأحكام التصفح بحسب الاختصاص القضائي

قانون حق المؤلف لعام 1968 (بصيغته الموحدة في 30 يوليو 2002)، أستراليا

عودة للخلف
النص مستبدل  الذهاب إلى أحدث إصدار في ويبو لِكس
التفاصيل التفاصيل سنة الإصدار 2002 تواريخ بدء النفاذ : 1 مايو 1969 الاعتماد : 27 يونيو 1968 نوع النص قوانين الملكية الفكرية الرئيسية الموضوع التصاميم الصناعية، حق المؤلف والحقوق المجاورة، إنفاذ قوانين الملكية الفكرية والقوانين ذات الصلة، الإجراءات البديلة لتسوية المنازعات، هيئة تنظيمية للملكية الفكرية ملاحظات يشير إخطار أستراليا إلى منظمة التجارة العالمية وفقا للمادة 63.2 من اتفاق الجوانب المتصلة بالتجارة من حقوق الملكية الفكرية (تريبس) إلى ما يلي:
يوحّد هذا التجميع لقانون حق المؤلف في أستراليا، الذي أعدّه مكتب الصياغة التشريعية لدائرة النائب العام بكانبيرا في 30 يوليو 2002، تعديلات قانون حق المؤلف لعام 1968 إلى غاية قانون تعديل تشريعات القانون والعدالة (تطبيق القانون الجنائي) لعام 2001 (القانون رقم 63 المؤرخ 30 يوليو، 2002).
انظر قسم 'الملاحظات' في الصفحة 423 للحصول على قائمة كاملة من التعديلات الموحدة.

المواد المتاحة

النصوص الرئيسية النصوص ذات الصلة
النصوص الرئيسية النصوص الرئيسية بالإنكليزية Copyright Act 1968 (consolidated as of July 30, 2002)        
Copyright Act 1968
Act No. 63 of 1968 as amended

This compilation was prepared on 30 July 2002 taking into account amendments up to Act No. 63 of 2002

The text of any of those amendments not in force on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting, Attorney-General's Department, Canberra

TABLE OF CONTENTS

Article

Part I: Preliminary

Short title [see Note 1] 1

Commencement [see Note 1] 2

Extension to External Territories 4

Exclusion of Imperial Copyright Act, 1911 5

Repeal of Copyright Acts 6

Act to Bind the Crown 7

Copyright Not to Subsist Except by Virtue of this Act 8

Prerogative Rights of the Crown in the Nature of Copyright 8A

Operation of Other Laws 9

Application of the Criminal Code 9A

Part II: Interpretation

Interpretation 10

Non-Infringing Copy of a Sound Recording 10AA

Declarations and Notices Relating to Certain Bodies and Institutions 10A

Residence in a Country Not Affected by Temporary Absence 11

References to Parliament 12

Acts Comprised in Copyright 13

Acts Done in Relation to Substantial Part of Work or Other Subject-Matter Deemed to be Done in Relation to the Whole 14

References to Acts Done with Licence of Owner of Copyright 15

References to Partial Assignment of Copyright 16

Statutory Employment 17

Libraries Established or Conducted for Profit 18

References to Copyright Act, 1911 19

Names Under Which Work is Published 20

Reproduction and Copying of Works and Other Subject-Matter 21

Provisions Relating to the Making of a Work or Other Subject-Matter 22

Sound Recordings and Records 23

References to Sounds and Visual Images Embodied in an Article 24

Provisions Relating to Broadcasting 25

Performance 27

Performance of Works or Other Subject-Matter in the Course of Educational Instruction 28

Publication 29

Ownership of Copyright for Particular Purposes 30

Commercial Rental Arrangement 30A

Part III: Copyright in Original Literary, Dramatic, Musical and Artistic Works

Division 1: Nature, Duration and Ownership of Copyright in Works

Nature of Copyright in Original Works 31

Original Works in Which Copyright Subsists 32

Duration of Copyright in Original Works 33

Duration of Copyright in Anonymous and Pseudonymous Works 34

Ownership of Copyright in Original Works 35

Division 2: Infringement of Copyright in Works

Infringement by Doing Acts Comprised in the Copyright 36

Infringement by Importation for Sale or Hire 37

Infringement by Sale and Other Dealings 38

Infringement by Permitting Place of Public Entertainment to be Used for Performance of Work 39

Infringing Copies Made on Machines Installed in Libraries and Archives 39A

Communication by Use of Certain Facilities 39B

Division 3: Acts Not Constituting Infringements of Copyright in Works

Fair Dealing for Purpose of Research or Study 40

Fair Dealing for Purpose of Criticism or Review 41

Fair Dealing for Purpose of Reporting News 42

Reproduction for Purpose of Judicial Proceedings or Professional Advice 43

Temporary Reproductions Made in the Course of Communication 43A

Inclusion of Works in Collections for Use by Places of Education 44

Importation etc. of Books 44A

Reproduction of Writing on Approved Label for Containers for Chemical Product 44B

Copyright Subsisting in Accessories etc. to Imported Articles 44C

Import of Non-Infringing Copy of Sound Recording Does Not Infringe Copyright in Works Recorded 44D

Division 4: Acts Not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Reading or Recitation in Public or for a Broadcast 45

Performance at Premises Where Persons Reside or Sleep 46

Reproduction for Purpose of Broadcasting 47

Reproduction for the Purpose of Simulcasting 47AA

Sound Broadcasts by Holders of Print Disability Radio Licences 47A

Division 4A: Acts Not Constituting Infringements of Copyright in Computer Programs

Meaning of Computer Program 47AB

Reproduction for Normal Use or Study of Computer Programs 47B

Back-up Copy of Computer Programs 47C

Reproducing Computer Programs to Make Interoperable Products 47D

Reproducing Computer Programs to Correct Errors 47E

Reproducing Computer Programs for Security Testing 47F

Unauthorised Use of Copies or Information 47G

Agreements Excluding Operation of Certain Provisions 47H

Division 5: Copying of Works in Libraries of Archives

Interpretation 48

Copying by Parliamentary Libraries for Members of Parliament 48A

Reproducing and Communicating Works by Libraries and Archives for Users 49

Reproducing and Communicating Works by Libraries or Archives for Other Libraries or Archives 50

Reproducing and Communicating Unpublished Works in Libraries or Archives 51

Reproducing and Communicating Works in Australian Archives 51AA

Reproducing and Communicating Works for Preservation and Other Purposes 51A

Publication of Unpublished Works Kept in Libraries or Archives 52

Application of Division to Illustrations Accompanying Articles and Other Works 53

Division 6: Recording of Musical Works

Interpretation 54

Conditions Upon Which Manufacturer May Make Records of Musical Work 55

Provisions Relating to Royalty Where 2 or More works Are on the One Record 57

Conditions Upon Which Manufacturer May Include Part of a Literary or Dramatic Work in a Record of a Musical Work 59

Records Made Partly for Retail Sale and Partly for Gratuitous Disposal 60

Making Inquiries in Relation to Previous Records 61

Sections 55 and 59 to Be Disregarded in Determining Whether an Infringement Has Been Committed by the Importation of Records 64

Division 7: Acts Not Constituting Infringements of Copyright in Artistic Works

Sculptures and Certain Other Works in Public Places 65

Buildings and Models of Buildings 66

Incidental Filming or Televising of Artistic Works 67

Publication of Artistic Works 68

Reproduction for Purpose of Including Work in Television Broadcast 70

Reproduction of Part of Work in Later Work 72

Reconstruction of Buildings 73

Division 8: Designs

Corresponding Design 74

Copyright Protection Where Corresponding Design Registered 75

False Registration of Industrial Designs 76

Application of Artistic Works as Industrial Designs Without Registration of the Designs 77

Division 9: Works of Joint Authorship

References to All of Joint Authors 78

References to Any One or More of Joint Authors 79

References to Whichever of Joint Authors Died Last 80

Works of Joint Authorship Published Under Pseudonyms 81

Copyright to Subsist in Joint Works Without Regard to Any Author Who Is an Unqualified Person 82

Inclusion of Joint Works in Collections for Use in Places of Education 83

Part IV: Copyright In Subject-Matter Other Than Works

Division 1: Preliminary

Interpretation 84

Division 2: Nature of Copyright in Subject-Matter Other Than Works

Nature of Copyright in Sound Recordings 85

Nature of Copyright in Cinematograph Films 86

Nature of Copyright in Television Broadcasts and Sound Broadcasts 87

Nature of Copyright in Published Editions of Works 88

Division 3: Subject-Matter, Other Than Works, in Which Copyright Subsists

Sound Recordings in Which Copyright Subsists 89

Cinematograph Films in Which Copyright Subsists 90

Television Broadcasts and Sound Broadcasts in Which Copyright Subsists 91

Published Editions of Works in Which Copyright Subsists 92

Division 4: Duration of Copyright in Subject-Matter Other Than Works

Duration of Copyright in Sound Recordings 93

Duration of Copyright in Cinematograph Films 94

Duration of Copyright in Television Broadcasts and Sound Broadcasts 95

Duration of Copyright in Published Editions of Works 96

Division 5: Ownership of Copyright in Subject-Matter Other Than Works

Ownership of Copyright in Sound Recordings 97

Ownership of Copyright in Cinematograph Films 98

Ownership of Copyright in Television Broadcasts and Sound Broadcasts 99

Ownership of Copyright in Published Editions of Works 100

Division 6: Infringement of Copyright in Subject-Matter Other Than Works

Interpretation 100A

Infringement by Doing Acts Comprised in Copyright 101

Infringement by Importation for Sale or Hire 102

Infringement by Sale and Other Dealings 103

Fair Dealing for Purpose of Criticism or Review 103A

Fair Dealing for Purpose of Reporting News 103B

Fair Dealing for Purpose of Research or Study 103C

Acts Done for Purposes of Judicial Proceeding 104

Acts Done by Parliamentary Libraries for Members of Parliament 104A

Infringing Copies Made on Machines Installed in Libraries and Archives 104B

Copyright in Certain Recordings Not Infringed by Causing Recordings to Be Heard in Public or Broadcast 105

Causing Sound Recording to Be Heard at Guest House or Club 106

Making of a Copy of the Sound Recording for Purpose of Broadcasting 107

Copyright in Published Recording Not Infringed by Public Performance if Equitable Remuneration Paid 108

Copyright in Published Sound Recording Not Infringed by Broadcast in Certain Circumstances 109

Provisions Relating to Cinematograph Films 110

Copying and Communicating Unpublished Sound Recordings and Cinematograph Films in Libraries or Archives 110A

Copying and Communicating Sound Recordings and Cinematograph Films for Preservation and Other Purposes 110B

Making of a Copy of a Sound Recording or Cinematograph Film for the Purpose of Simulcasting 110C

Filming or Recording Broadcasts for Private and Domestic Use 111

Temporary Copy Made in the Course of Communication 111A

Reproductions of Editions of Work 112

Importation and Sale etc. of Books 112A

Reproduction of Writing on Approved Label for Containers for Chemical Product 112B

Copyright Subsisting in Accessories etc. to Imported Articles 112C

Import of Non-Infringing Copy of a Sound Recording Does Not Infringe Copyright in the Sound Recording 112D

Communication by Use of Certain Facilities 112E

Division 7: Miscellaneous

Copyrights to Subsist Independently 113

Part V: Remedies and Offences

Division 1: Preliminary

Interpretation 114

Division 2: Actions by Owner of Copyright

Actions for Infringement 115

Rights of Owner of Copyright in Respect of Infringing Copies 116

Division 2A: Actions in Relation to Circumvention Devices and Electronic Rights Management Information

Importation, Manufacture etc. of Circumvention Device and Provision etc. of Circumvention Service 116A

Removal or Alteration of Electronic Rights Management Information 116B

Commercial Dealings etc. with Works Whose Electronic Rights Management Information is Removed or Altered 116C

Remedies in Actions Under Sections 116A, 116B and 116C 116D

Division 3: Proceedings Where Copyright Is Subject of Exclusive Licence

Interpretation 117

Application 118

Rights of Exclusive Licensee 119

Joinder of Owner or Exclusive Licensee as a Party 120

Defences Available Against Exclusive Licensee 121

Assessment of Damages Where Exclusive Licence Granted 122

Apportionment of Profits Between Owner and Exclusive Licensee 123

Separate Actions in Relation to the Same Infringement 124

Liability for Costs 125

Division 4: Proof of Facts in Civil Actions

Presumptions as to Subsistence and Ownership of Copyright 126

Presumptions in Relation to Authorship of Work 127

Presumptions in Relation to Publisher of Work 128

Presumptions Where Author Has Died 129

Evidence in Relation to Recordings 130

Acts Relating to Imported Copies of Sound Recordings 130A

Presumption in Relation to Maker of Film 131

Division 4A: Jurisdiction and Appeals

Exercise of Jurisdiction 131A

Appeals 131B

Jurisdiction of Federal Court of Australia 131C

Division 5: Offences and Summary Proceedings

Offences 132

Destruction or Delivery up of Infringing Copies etc. 133

Advertisement for Supply of Infringing Copies of Computer Programs 133A

Division 6: Miscellaneous

Limitation of Actions in Respect of Infringement of Copyright 134

Affidavit Evidence 134A

Division 7: Seizure of Imported Copies of Copyright Material

Interpretation 134B

Restriction of Importation of Copies of Works etc. 135

Security for Expenses of Seizure 135AA

Secure Storage of Seized Copies 135AB

Notice of Seizure 135AC

Inspection, Release etc. of Seized Copies 135AD

Forfeiture of Seized Copies by Consent 135AE

Compulsory Release of Seized Copies to the Importer 135AF

Provision Relating to Actions for Infringement of Copyright 135AG

Retention of Control of Seized Copies 135AH

Disposal of Seized Copies Ordered to be Forfeited 135AI

Insufficient Security 135AJ

Immunity of the Commonwealth 135AK

Part VAA: Broadcast Decoding Devices

Division 1: Preliminary

Definitions 135AL

Counterclaim 135AM

Division 2: Action in Relation to Broadcast Decoding Devices

Actions in Relation to the Manufacture of and Dealing with Broadcast Decoding Devices 135AN

Actions in Relation to the Use of Broadcast Decoding Devices for Commercial Purposes 135ANA

Division 3: Jurisdiction and Appeals

Exercise of Jurisdiction 135AP

Appeals 135AQ

Jurisdiction of Federal Court of Australia 135AR

Division 4: Offences

Offences 135AS

Prosecutions 135AT

Destruction etc. of Devices 135AU

Part VA: Copying and Communication of Broadcasts by Educational and Other Institutions

Division 1: Preliminary

Interpretation 135A

Copies and Communications of Broadcasts 135B

Operation of Collecting Society Rules 135D

Division 2: Copying and Communication of Broadcasts

Copying and Communication of Broadcasts by Educational Institutions etc. 135E

Making and Communication of Preview Copies 135F

Remuneration Notices 135G

Records Notices 135H

Sampling Notices 135J

Agreed Notice 135JA

Marking and Record Keeping Requirements 135K

Notice Requirements in Respect of Communications 135KA

Inspection of Records etc. 135L

Revocation of Remuneration Notice 135M

Request for Payment of Equitable Remuneration 135N

Division 3: The Collecting Society

The Collecting Society 135P

Revocation of Declaration 135Q

Annual Report and Accounts 135R

Amendment of Rules 135S

Division 4: Interim Copying

Appointment of Notice Holder 135T

Copying Before Declaration of Collecting Society 135U

Preview Copies 135V

Notices by Administering Bodies 135W

Marking and Record Keeping Requirements 135X

Effect of Declaration of Collecting Society 135Y

Division 5: Miscellaneous

Relevant Copyright Owner May Authorise Copying etc. 135Z

Copyright Not to Vest in Copier 135ZA

Part VB: Reproducing and Communicating Works etc. by Educational and Other Institutions

Division 1: Preliminary

Interpretation 135ZB

Eligible Items and Photographic Versions 135ZC

Part Does Not Apply to Computer Programs 135ZE

Operation of Collecting Society Rules 135ZF

Licensed Communications 135ZFA

Division 2: Reproduction by Educational Institutions of Works that Are in Hardcopy Form

Application of Division 135ZGA

Multiple Reproduction of Insubstantial Parts of Works that Are in Hardcopy Form 135ZG

Copying of Printed Published Editions by Educational Institutions 135ZH

Multiple Reproduction of Printed Periodical Articles by Educational Institutions 135ZJ

Multiple Reproduction of Works Published in Printed Anthologies 135ZK

Multiple Reproduction of Works that Are in Hardcopy Form by Educational Institutions 135ZL

Application of Division to Certain Illustrations that Are in Hardcopy Form 135ZM

Division 2A: Reproduction and Communication of Works that Are in Electronic Form

Application of Division 135ZMAA

Multiple Reproduction and Communication of Insubstantial Parts of Works that Are in Electronic Form 135ZMB

Multiple Reproduction and Communication of Periodical Articles that Are in Electronic Form by Education Institutions 135ZMC

Multiple Reproduction and Communication of Works that Are in Electronic Form by Educational Institutions 135ZMD

Application of Division to Certain Illustrations in Electronic Form 135ZME

Division 3: Reproduction and Communication of Works by Institutions Assisting Persons with a Print Disability

Copying Published Editions by Institutions Assisting Persons with a Print Disability 135ZN

Multiple Reproduction and Communication of Works by Institutions Assisting Persons with a Print Disability 135ZP

Making of Relevant Reproductions and Relevant Communications by Institutions Assisting Persons with a Print Disability 135ZQ

Division 4: Reproduction and Communication of Works etc. by Institutions Assisting Persons with an Intellectual Disability

Copying of Published Editions by Institutions Assisting Persons with an Intellectual Disability 135ZR

Copying and Communication of Eligible Items by Institutions Assisting Persons with an Intellectual Disability 135ZS

Making of Copies etc. for Use in Making Copies or Communications for a Person with an Intellectual Disability 135ZT

Division 5: Equitable Remuneration

Remuneration Notices 135ZU

Records Notices 135ZV

Sampling Notices 135ZW

Electronic Use Notices 135ZWA

Records Notices and Sampling Notices: Marking and Record-Keeping Requirements 135ZX

Electronic Use Notices: Notice Requirements etc. 135ZXA

Inspection of Records etc. 135ZY

Revocation of Remuneration Notice 135ZZ

Request for Payment of Equitable Remuneration 135ZZA

Division 6: Collecting Societies

Collecting Societies 135ZZB

Revocation of Declaration 135ZZC

Annual Report and Accounts 135ZZD

Amendment of Rules 135ZZE

Division 7: Miscellaneous

Rights of Copyright Owners 135ZZF

Copyright Not to Vest in Copier 135ZZG

Unauthorised Use of Copies 135ZZH

Part VC: Retransmission of Free-to-Air Broadcasts

Division 1: Preliminary

Definitions 135ZZI

Operation of Collecting Society Rules 135ZZJ

Application of Part 135ZZJA

Division 2: Retransmission of Free-to-Air Broadcasts

Retransmission of Free-to-Air Broadcasts 135ZZK

Remuneration Notices 135ZZL

Amount of Equitable Remuneration 135ZZM

Record System 135ZZN

Inspection of Records etc. 135ZZP

Identity Cards 135ZZQ

Revocation of Remuneration Notice 135ZZR

Request for Payment of Equitable Remuneration 135ZZS

Division 3: Collecting Societies

Collecting Societies 135ZZT

Revocation of Declaration 135ZZU

Annual Report and Accounts 135ZZV

Amendment of Rules 135ZZW

Division 4: Interim Retransmissions

Appointment of Notice Holder 135ZZX

Retransmitting Before Declaration of Collecting Society 135ZZY

Notices by Retransmitters 135ZZZ

Record Keeping Requirements 135ZZZA

Effect of Declaration of Collecting Society 135ZZZB

Division 5: Miscellaneous

Relevant Copyright Owner May Authorise Retransmitting 135ZZZC

Copyright Not to Vest Under This Part 135ZZZD

Licence to Retransmit Does Not Authorise Copyright Infringements 135ZZZE

Part VI: The Copyright Tribunal

Division 1: Preliminary

Interpretation 136

Cases to Which Licence Schemes Apply 137

Division 2: Constitution of the Tribunal

Constitution of Tribunal 138

Appointment of Members of Tribunal 139

Qualifications of Members 140

Tenure of Office 141

Seniority of Deputy Presidents 141A

Acting President 142

Remuneration and Allowances 143

Oath or Affirmation of Office 144

Disclosure of Interests by Members 144A

Removal from Office for Failure to Disclose Interest 144B

Resignation 145

Sittings of the Tribunal 146

President to Arrange Business of Tribunal 147

Division 3: Applications and References to the Tribunal

Interpretation 148

Applications to Tribunal for Determination of Remuneration Payable for Making Recording or Film of a Work 149

Applications to Tribunal Under Section 47A 149A

Applications to Tribunal for Determination of Remuneration Payable to Owner of Copyright in Recording for Making of a Copy of the Sound Recording 150

Applications to Tribunal for Determination of Remuneration Payable to Owner of Copyright in Recording in Respect of Public Playing of the Recording 151

Applications to Tribunal for Determination of Amounts Payable for Broadcasting Published Sound Recordings 152

Applications to Tribunal for Determination of Amount of Royalty Payable for Recording Musical Works 152A

Applications to Tribunal for Determination of Manner of Paying Royalty 152B

Applications to Tribunal for Apportionment of Royalty in Respect of a Record 153

Applications to Tribunal Under Section 135H, Subsection 135J(1) or Subsection 135JA(1) 153A

Applications to Tribunal Under Subsection 135J(3) 153B

Application to the Tribunal Under Subsection 135JA(3) 153BA

Application to the Tribunal Under Subsection 135ZME(3) 153BB

Applications to the Tribunal Under Section 135ZZV or Subsection 135ZW(1) or 135ZWA(1) 153C

Applications to Tribunal Under Subsection 135ZW(3) 153D

Applications to the Tribunal Under Subsection 135ZWA(2) 153DA

Applications to Tribunal Under Subsection 183(5) 153E

Applications to Tribunal to Declare Collecting Society for Government Copies 153F

Applications to Tribunal to Revoke a Declaration of a Collecting Society 153G

Time Limit for Deciding Applications Under Section 153F or 153G 153H

Amendment and Revocation of a Declaration on the Declaration of Another Collecting Society 153J

Applications to Tribunal for Method of Working Out Payment for Government Copies 153K

Applications to Tribunal for Review of Declarations of Certain Educational Institutions 153L

Applications to the Tribunal Under Subsection 135ZZM(1) 153M

Applications to Tribunal Under Subsection 135ZZN(3) 153N

Reference of Proposed Licence Schemes to Tribunal 154

Reference of Existing Licence Schemes to Tribunal 155

Further Reference of Licence Schemes to Tribunal 156

Application to Tribunal in Relation to Licences 157

Effect of Licence Scheme Being Continued in Operation Pending Order of the Tribunal 158

Effect of Order of Tribunal in Relation to Licences 159

Interim Orders 160

Reference of Questions of Law to Federal Court of Australia 161

Agreements or Awards Not Affected 162

Division 4: Procedure and Evidence

Proceedings to Be in Public Except in Special Circumstances 163

Application May be Made to Tribunal by the Agent of the Copyright Owner 163A

Procedure 164

Mistakes or Errors in Orders of the Tribunal 165

Regulations as to Procedure 166

Power to Take Evidence on Oath 167

Evidence in Form of Written Statement 168

Representation 169

Division 5: Miscellaneous

Secretary and Other Staff 170

Protection of Members, Barristers and Witnesses 171

Disobedience to Summons etc. 172

Contempt of Tribunal etc. 173

Costs of Proceedings 174

Proof of Orders of Tribunal 175

Part VII: The Crown

Division 1: Crown Copyright

Crown Copyright in Original Works Made Under Direction of Crown 176

Crown Copyright in Original Works First Published in Australia Under Direction of Crown 177

Crown Copyright in Recordings and Films Made Under Direction of Crown 178

Provisions Relating to Ownership of Copyright May Be Modified By Agreement 179

Duration of Crown Copyright in Original Works 180

Duration of Crown Copyright in Recordings and Films 181

Application of Parts III and IV to Copyright Subsisting by Virtue of this Part 182

Copyright in Statutory Instruments and Judgments etc. 182A

Division 2: Use of Copyright Material for the Crown

Definitions 182B

Relevant Collecting Society 182C

Use of Copyright Material for the Services of the Crown 183

Special Arrangements for Copying for Services of Government 183A

Payment and Recovery of Equitable Remuneration Payable for Government Copies 183B

Powers of Collecting Society to Carry out Sampling 183C

Annual Report and Accounts of Collecting Society 183D

Alteration of Rules of Collecting Society 183E

Part VIII: Extension or Restriction of Operation of Act

Application of Act to Countries Other Than Australia 184

Denial of Copyright to Citizens of Countries Not Giving Adequate Protection to Australian Works 185

Application of Act to International Organizations 186

Original Works Made or First Published by International Organizations 187

Subject-Matter, Other Than Original Works, Made or First Published by International Organizations 188

Part IX: Moral Rights of Authors of Literary, Dramatic, Musical or Artistic Works and Cinematograph Films

Division 1: Preliminary

Definitions 189

Moral Rights Conferred on Individuals 190

Director, Producer and Screenwriter of Cinematograph Film 191

Rights to Be Additional to Other Rights 192

Division 2: Right of Attribution of Authorship

Author's Right of Attribution of Authorship 193

Acts Giving Rise to Right of Attribution of Authorship 194

Nature of the Identification of Author 195

Identification of Author to Be Clear and Reasonably Prominent 195AA

What is a Reasonably Prominent Identification 195AB

Division 3: Right Not to Have Authorship of a Work Falsely Attributed

Author's Right Not to Have Authorship Falsely Attributed 195AC

Acts of False Attribution of Authorship of a Literary, Dramatic or Musical Work 195AD

Acts of False Attribution of Authorship of Artistic Work 195AE

Acts of False Attribution of Authorship of Cinematograph Film 195AF

Acts of False Attribution of Authorship of Altered Literary, Dramatic, Musical or Artistic Work 195AG

Act of False Attribution of Authorship of Altered Cinematograph Film 195AH

Division 4: Right of Integrity of Authorship of a Work

Author's Right of Integrity of Authorship 195AI

Derogatory Treatment of Literary, Dramatic or Musical Work 195AJ

Derogatory Treatment of Artistic Work 195AK

Derogatory Treatment of Cinematograph Film 195AL

Division 5: Duration and Exercise of Moral Rights

Duration of Moral Rights 195AM

Exercise of Moral Rights 195AN

Division 6: Infringement of Moral Rights

Infringement of Right of Attribution of Authorship 195AO

Infringement of Right Not to Have Authorship Falsely Attributed 195AP

Infringement of Right of Integrity of Authorship 195AQ

No Infringement of Right of Attribution of Authorship if it Was Reasonable Not to Identify the Author 195AR

No Infringement of Right of Integrity of Authorship if Derogatory Treatment or Other Action Was Reasonable 195AS

Certain Treatment of Works Not to Constitute an Infringement of the Author's Right of Integrity of Authorship 195AT

Infringement by Importation for Sale or Other Dealing 195AU

Infringement by Sale and Other Dealings 195AV

Matters to Be Taken Into Account 195AVA

Communication by Use of Certain Facilities 195AVB

Author's Consent to Act or Omission-Films or Works in Films 195AW

Author's Consent to Act or Omission-Work That Is Not a Film or Included in a Film 195AWA

Consent Invalidated by Duress or False or Misleading Statements 195AWB

Acts or Omissions Outside Australia 195AX

Division 7: Remedies for Infringements of Moral Rights

Definition etc.. 195AY

Actions for Infringement of Moral Rights 195AZ

Remedies for Infringements of Moral Rights 195AZA

Saving of Other Rights and Remedies 195AZB

Jurisdiction of Courts 195AZC

Presumption as to Subsistence of Copyright 195AZD

Presumption as to Subsistence of Moral Rights 195AZE

Presumptions in Relation to Authorship of Work 195AZF

Other Presumptions in Relation to Literary, Dramatic, Musical or Artistic Work 195AZG

Division 8: Miscellaneous

Parts of Works 195AZH

Works of Joint Authorship 195AZI

Cinematograph Films That Have More Than One Principal Director 195AZJ

Cinematograph Films That Have More Than One Principal Producer 195AZK

Cinematograph Films That Have More Than One Principal Screenwriter 195AZL

Application-Right of Attribution of Authorship 195AZM

Application-Right Not to Have Authorship Falsely Attributed 195AZN

Application-Right of Integrity of Authorship 195AZO

Part X: Miscellaneous

Interpretation 195A

Review of Certain Decisions 195B

Assignments and Licences in Respect of Copyright 196

Prospective Ownership of Copyright 197

Copyright to Pass Under Will with Unpublished Work 198

Reception of Broadcasts 199

Use of Works and Broadcasts for Educational Purposes 200

Use of Broadcasts by Institutions Assisting Persons with an Intellectual Disability 200AA

Delivery of Library Material to the National Library 201

Groundless Threats of Legal Proceedings 202

Limitation on Power of Courts to Grant Relief in Proceedings Under this Act 203

A Retention of Declarations in Relation to Copies Made by Libraries, Archives or Institutions 203A

Arrangement of Declarations and Records 203D

Inspection of Records and Declarations Retained by Libraries, Archives or Institutions 203E

Additional Offences in Relation to the Making and Retention of Records and Declarations 203F

Additional Offences Relating to Declarations Under Subsections 116A(3) and 132(5F) 203G

Notation of Certain Copies etc. 203H

Part XI: Transitional

Division 1: Preliminary

Interpretation 204

References to Making of Works, Recordings and Films 205

References in Other Laws or Instruments to Copyright 206

Application 207

Authorship of Photographs 208

Publication 209

Division 2: Original Works

Expired Copyright Not to Revive 210

Original Works in Which Copyright Subsists 211

Duration of Copyright in Photographs 212

Ownership of Copyright 213

Infringement by Importation, Sale and Other Dealings 214

Recording of Musical Works 215

Publication of Artistic Works 216

Reconstruction of Buildings 217

Industrial Designs 218

Reproduction of Work Upon Payment of Royalties 219

Division 3: Subject-Matter Other Than Works

Sound Recordings 220

Cinematograph Films 221

Application of Act to Dramatic Works and Photographs Comprised in Cinematograph Films 222

Television Broadcasts and Sound Broadcasts 223

Published Editions of Works 224

Infringement by Importation, Sale and Other Dealings 225

Division 4: Miscellaneous

Actions for Infringement 226

Infringing Copies 227

Actions Where Copyright Subject to Exclusive Licence 228

Offences and Summary Proceedings 229

Limitation of Actions 230

Restriction of Importation of Printed Copies of Works 231

References and Applications to Tribunal in Relation to Licence Schemes 232

Duration of Crown Copyright in Photographs 233

Duration of Crown Copyright in Recordings 234

Crown Copyright in Films 235

Works Made or Published by International Organizations 236

Subject-Matter, Other Than Original Works, Made or Published by International Organizations 237

Assignments and Licences 239

Bequests 240

Delivery of Library Material to National Library 241

Groundless Threats of Legal Proceedings 242

Division 5: Works Made Before 1 July, 1912

Interpretation 243

Application 244

Rights Conferred by Copyright Act, 1911 245

Performing Rights 246

Contributions to Periodicals 247

Assignments and Licences 248

Part XIA: Performers' Protection

Division 1: Preliminary

Interpretation 248A

Educational Purposes 248B

Exempt Recordings Cease to Be Exempt Recordings in Certain Circumstances 248C

Protection Period 248CA

Private and Domestic Use 248D

Application 248F

Division 2: Actions by Performers

What Constitutes Unauthorised Use 248G

Copying Sound Recordings for Broadcasting 248H

Actions for Unauthorised Use 248J

Exercise of Jurisdiction 248K

Appeals 248L

Jurisdiction of Federal Court 248M

Right to Bring an Action not Assignable 248N

Division 3: Offences

Offences Involving Unauthorised Recording, Broadcasting etc. of Performances 248P

Other Offences in Relation to Performances 248Q

Further Offences Relating to Sound Recordings of Certain Performances 248QA

Protection Against Multiple Prosecutions for same Act 248QB

Prosecutions for Offences 248S

Destruction or Delivery up of Unauthorised Recordings 248T

Division 4: Extension of Protection to Foreign Countries

Application to Foreign Countries 248U

Denial of Protection to Citizens of Countries Not Giving Adequate Protection to Australian Performances 248V

Part XII: Regulations

Regulations 249

The Schedule

Tables of Acts

Table of Amendments

Table A

Table B

An Act relating to copyright and the protection of certain performances, and for other purposes

PART I
PRELIMINARY
Short Title [seeNote 1]

1. This Act may be cited as the Copyright Act 1968.

Commencement [seeNote 1]

2. This Act shall come into operation on a date to be fixed by Proclamation.

Extension to External Territories

4. This Act extends to every external Territory.

Exclusion of Imperial Copyright Act, 1911

5.-(1) This Act operates to the exclusion of the Copyright Act, 1911.

(2) For the purposes of section 8 of the Acts Interpretation Act 1901-1966, the Copyright Act, 1911 shall be deemed to be an Act passed by the Parliament of the Commonwealth and to be repealed by this Act, and the enactment of Part XI shall not be taken to affect the operation of section 8 of the Acts Interpretation Act 1901-1966 as it operates by virtue of this subsection in relation to matters to which that Part does not apply.

Repeal of Copyright Acts

6. The following Acts are repealed:

Copyright Act 1912;

Copyright Act 1933;

Copyright Act 1935;

Copyright Act 1963.

Act to Bind the Crown

7. Subject to Part VII, this Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence.

Copyright Not to Subsist Except by Virtue of This Act

8. Subject to section 8A, copyright does not subsist otherwise than by virtue of this Act.

Prerogative Rights of the Crown in the Nature of Copyright

8A.-(1) Subject to subsection (2), this Act does not affect any prerogative right or privilege of the Crown.

(2) Where a right or privilege of the Crown by way of copyright subsists in a work or published edition of a work, a person does not infringe that right or privilege by doing, or authorizing the doing of, an act in relation to the work or edition without the licence of the Crown if, assuming that that right or privilege of the Crown did not subsist in the work or edition, but copyright subsisted under this Act in the work or edition and was owned by a person other than the Crown, the person would not infringe the copyright of that owner in the work or edition by doing, or by authorizing the doing of, that act without the licence of the owner.

(3) Nothing in subsection (2) shall be taken to limit the duration of the right or privilege of the Crown by way of copyright in a work or published edition of a work.

Operation of Other Laws

9.-(1) This Act does not affect the right of, or of a person deriving title directly or indirectly from, the Commonwealth or a State to sell, use or otherwise deal with articles that have been, or are, forfeited under a law of the Commonwealth or of the State.

(3) This Act does not affect the operation of the law relating to breaches of trust or confidence.

Application of the Criminal Code

9A. Chapter 2 of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

PART II
INTERPRETATION
Interpretation

10.-(1) In this Act, unless the contrary intention appears:

accessory, in relation to an article, means one or more of the following:

(a) a label affixed to, displayed on, incorporated into the surface of, or accompanying, the article;

(b) the packaging or container in which the article is packaged or contained;

(c) a label affixed to, displayed on, incorporated into the surface of, or accompanying, the packaging or container in which the article is packaged or contained;

(d) a written instruction, warranty or other information provided with the article;

(e) a record embodying an instructional sound recording, or a copy of an instructional cinematograph film, provided with the article;

but does not include:

(f) any label, packaging or container on which the olympic symbol (within the meaning of the Olympic Insignia Protection Act 1987) is reproduced; or

(g) a manual sold with computer software for use in connection with that software.

adaptation means:

(a) in relation to a literary work in a non-dramatic form a version of the work (whether in its original language or in a different language) in a dramatic form;

(b) in relation to a literary work in a dramatic form a version of the work (whether in its original language or in a different language) in a non-dramatic form;

(ba) in relation to a literary work being a computer program-a version of the work (whether or not in the language, code or notation in which the work was originally expressed) not being a reproduction of the work;

(c) in relation to a literary work (whether in a non-dramatic form or in a dramatic form):

(i) a translation of the work; or

(ii) a version of the work in which a story or action is conveyed solely or principally by means of pictures; and

(d) in relation to a musical work-an arrangement or transcription of the work.

approved label means a label approved under:

(a) Part 2 of the Agvet Code of a State or of the Northern Territory; or

(b) Part 2 of the Agvet Code of the participating Territories within the meaning of the Agricultural and Veterinary Chemicals Act 1994.

archives means:

(a) archival material in the custody of:

(i) the Australian Archives;

(ii) the Archives Office of New South Wales established by the Archives Act 1960 of the State of New South Wales;

(iii) the Public Record Office established by the Public Records Act 1973 of the State of Victoria; or

(iv) the Archives Office of Tasmania established by the Archives Act 1965 of the State of Tasmania; or

(b) a collection of documents or other material to which this paragraph applies by virtue of subsection (4).

artistic work means:

(a) a painting, sculpture, drawing, engraving or photograph, whether the work is of artistic quality or not;

(b) a building or a model of a building, whether the building or model is of artistic quality or not; or

(c) a work of artistic craftsmanship to which neither of the last two preceding paragraphs applies;

but does not include a circuit layout within the meaning of the Circuit Layouts Act 1989.

Australia includes the external Territories.

Australian protected person means a person who, by virtue of regulations in force under the Nationality and Citizenship Act 1948-1967, is, for the purposes of that Act, under the protection of the Australian Government.

author, in relation to a photograph, means the person who took the photograph.

authorized officer, in relation to a library or archives, means the officer in charge of that library or archives or a person authorized by that officer to act on his or her behalf.

broadcast means a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992.

Note: A broadcasting service does not include the following:

(a) a service (including a teletext service) that provides only data or only text (with or without associated images); or

(b) a service that makes programs available on demand on a point-to-point basis, including a dial-up service.

building includes a structure of any kind.

calendar year means a period of 12 months commencing on 1 January.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

carrier has the same meaning as in the Telecommunications Act 1997.

chemical product has the same meaning as in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994.

cinematograph film means the aggregate of the visual images embodied in an article or thing so as to be capable by the use of that article or thing:

(a) of being shown as a moving picture; or

(b) of being embodied in another article or thing by the use of which it can be so shown;

and includes the aggregate of the sounds embodied in a sound-track associated with such visual images.

circumvention device means a device (including a computer program) having only a limited commercially significant purpose or use, or no such purpose or use, other than the circumvention, or facilitating the circumvention, of an effective technological protection measure.

circumvention service means a service, the performance of which has only a limited commercially significant purpose, or no such purpose or use, other than the circumvention, or facilitating the circumvention, of an effective technological protection measure.

communicate means make available online or electronically transmit (whether over a path, or a combination of paths, provided by a material substance or otherwise) a work or other subject-matter.

computer program means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

construction includes erection, and reconstruction has a corresponding meaning.

copy, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied.

device includes a plate.

dramatic work includes:

(a) a choreographic show or other dumb show; and

(b) a scenario or script for a cinematograph film;

but does not include a cinematograph film as distinct from the scenario or script for a cinematograph film.

drawing includes a diagram, map, chart or plan.

educational institution means:

(aa) an institution at which education is provided at pre-school or kindergarten standard;

(a) a school or similar institution at which full-time primary education or full-time secondary education is provided or both full-time primary education and full-time secondary education are provided;

(b) a university, a college of advanced education or a technical and further education institution;

(c) an institution that conducts courses of primary, secondary or tertiary education by correspondence or on an external study basis;

(d) a school of nursing in relation to which a notice published under subsection 10A(4) is in force;

(e) an undertaking within a hospital, being an undertaking:

(i) that conducts courses of study or training in the provision of medical services, or in the provision of services incidental to the provision of medical services; and

(ii) in relation to which a notice published under subsection 10A(4) is in force;

(f) a teacher education centre in relation to which a notice published under subsection 10A(4) is in force;

(g) an institution in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function of the institution is the provision of courses of study or training for one of the following purposes:

(i) general education;

(ii) the preparation of people for a particular occupation or profession;

(iii) the continuing education of people engaged in a particular occupation or profession;

(iv) the teaching of English to people whose first language is not English;

(h) an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function, or one of the principal functions, of the undertaking is the provision of teacher training to people engaged as instructors in educational institutions of a kind referred to in a preceding paragraph of this definition, or of 2 or more such kinds; or

(i) an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function, or one of the principal functions, of the institution, or undertaking, is the providing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or to educational institutions of 2 or more such kinds, and that that activity is undertaken for the purpose of helping those institutions in their teaching purposes.

electronic rights management information means:

(a) information attached to, or embodied in, a copy of a work or other subject-matter that:

(i) identifies the work or subject-matter, and its author or copyright owner; or

(ii) identifies or indicates some or all of the terms and conditions on which the work or subject-matter may be used, or indicates that the use of the work or subject-matter is subject to terms or conditions; or

(b) any numbers or codes that represent such information in electronic form.

engraving includes an etching, lithograph, product of photogravure, woodcut, print or similar work, not being a photograph.

exclusive licence means a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorizing the licensee, to the exclusion of all other persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and exclusive licensee has a corresponding meaning.

future copyright means copyright to come into existence at a future time or upon the happening of a future event.

infringing copy means:

(a) in relation to a work-a reproduction of the work, or of an adaptation of the work, not being a copy of a cinematograph film of the work or adaptation;

(b) in relation to a sound recording-a copy of the sound recording not being a sound-track associated with visual images forming part of a cinematograph film;

(c) in relation to a cinematograph film-a copy of the film;

(d) in relation to a television broadcast or a sound broadcast-a copy of a cinematograph film of the broadcast or a record embodying a sound recording of the broadcast; and

(e) in relation to a published edition of a work-a facsimile copy of the edition;

being an article the making of which constituted an infringement of the copyright in the work, recording, film, broadcast or edition or, in the case of an article imported without the licence of the owner of the copyright, would have constituted an infringement of that copyright if the article had been made in Australia by the importer, but does not include:

(f) a non-infringing book whose importation does not constitute an infringement of that copyright; or

(g) a non-infringing accessory whose importation does not constitute an infringement of that copyright; or

(h) a non-infringing copy of a sound recording whose importation does not infringe that copyright.

institution includes an educational institution.

institution assisting persons with an intellectual disability means:

(a) an educational institution; or

(b) any other institution which has as its principal function, or one or its principal functions, the provision of assistance to persons with an intellectual disability and in relation to which a declaration under paragraph 10A(1) (d) is in force.

institution assisting persons with a print disability means:

(a) an educational institution; or

(b) any other institution which has as its principal function, or one of its principal functions, the provision of literary or dramatic works to persons with a print disability and in relation to which a declaration under paragraph 10A(1) (c) is in force.

international organization to which this Act applies means an organization that is declared by regulations made for the purposes of section 186 to be an international organization to which this Act applies, and includes:

(a) an organ of, or office within, an organization that is so declared; and

(b) a commission, council or other body established by such an organization or organ.

judicial proceeding means a proceeding before a court, tribunal or person having by law power to hear, receive and examine evidence on oath.

law of the Commonwealth includes a law of a Territory.

literary work includes:

(a) a table, or compilation, expressed in words, figures or symbols; and

(b) a computer program or compilation of computer programs.

manuscript, in relation to a literary, dramatic or musical work, means the document embodying the work as initially prepared by the author, whether the document is in hardcopy form, electronic form or any other form.

material form, in relation to a work or an adaptation of a work, includes any form (whether visible or not) of storage from which the work or adaptation, or a substantial part of the work or adaptation, can be reproduced.

non-infringing accessory means an accessory made in:

(a) a country that is a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or

(b) a country that is a member of the World Trade Organization and has a law that provides consistently with the TRIPS Agreement for:

(i) the ownership and duration of copyright or a related right in works, sound recordings and cinematograph films; and

(ii) the owner of the copyright or related right to have rights relating to the reproduction of the work, sound recording or cinematograph film;

where:

(c) the making of any copy of a work, or any reproduction of a published edition of a work, that is on, or is embodied in, the accessory; or

(d) the making of any record embodying a sound recording, or any copy of a cinematograph film, that is the accessory;

was authorised by the owner of the copyright in that country in the work, edition, recording or film, as the case may be.

non-infringing book means a book made (otherwise than under a compulsory licence) in a country specified in regulations made for the purposes of subsection 184(1), being a book whose making did not constitute an infringement of any copyright subsisting in a work, or in a published edition of a work, under a law of that country.

non-infringing copy of a sound recording has the meaning given by section 10AA.

officer in charge means:

(a) in relation to archives-the archivist or other person having, for the time being, immediate care and control of the collection comprising the archives; and

(c) in relation to a library-the librarian or other person having, for the time being, immediate care and control of the collection comprising the library.

person with a print disability means:

(a) a person without sight; or

(b) a person whose sight is severely impaired; or

(c) a person unable to hold or manipulate books or to focus or move his or her eyes; or

(d) a person with a perceptual disability.

photograph means a product of photography or of a process similar to photography, other than an article or thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, and photographic has a corresponding meaning.

plate includes a stereotype, stone, block, mould, matrix, transfer, negative or other similar appliance.

prospective owner means:

(a) in relation to a future copyright that is not the subject of an agreement of a kind referred to in subsection 19(1)-the person who will be the owner of the copyright on its coming into existence; or

(b) in relation to a future copyright that is the subject of such an agreement-the person in whom, by virtue of that subsection, the copyright will vest on its coming into existence.

reception equipment means equipment whose operation, either alone or together with other equipment, enables people to hear or see a work or other subject-matter that is communicated.

record means a disc, tape, paper or other device in which sounds are embodied.

retransmission, in relation to a broadcast, means a retransmission of the broadcast, where:

(a) the content of the broadcast is unaltered (even if the technique used to achieve retransmission is different to the technique used to achieve the original transmission); and

(b) either:

(i) in any case-the retransmission is simultaneous with the original transmission; or

(ii) if the retransmission is in an area that has, wholly or partly, different local time to the area of the original transmission-the retransmission is delayed until no later than the equivalent local time.

sculpture includes a cast or model made for purposes of sculpture.

simulcasting means simultaneously broadcasting a broadcasting service in both analog and digital form in accordance with the requirements of the Broadcasting Services Act 1992 or of any prescribed legislative provisions relating to digital broadcasting.

sound broadcast means sounds broadcast otherwise than as part of a television broadcast.

sound recording means the aggregate of the sounds embodied in a record.

sound-track, in relation to visual images forming part of a cinematograph film, means:

(a) the part of any article or thing, being an article or thing in which those visual images are embodied, in which sounds are embodied; or

(b) a disc, tape or other device in which sounds are embodied and which is made available by the maker of the film for use in conjunction with the article or thing in which those visual images are embodied.

sufficient acknowledgement, in relation to a work, means an acknowledgement identifying the work by its title or other description and, unless the work is anonymous or pseudonymous or the author has previously agreed or directed that an acknowledgement of his or her name is not to be made, also identifying the author.

technological protection measure means a device or product, or a component incorporated into a process, that is designed, in the ordinary course of its operation, to prevent or inhibit the infringement of copyright in a work or other subject-matter by either or both of the following means:

(a) by ensuring that access to the work or other subject matter is available solely by use of an access code or process (including decryption, unscrambling or other transformation of the work or other subject-matter) with the authority of the owner or licensee of the copyright;

(b) through a copy control mechanism.

television broadcast means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images.

the Australian Broadcasting Commission means the Australian Broadcasting Commission that was established under the Broadcasting and Television Act 1942.

the Australian Broadcasting Corporation means the Australian Broadcasting Corporation established under the Australian Broadcasting Corporation Act 1983.

the Commonwealth includes the Administration of a Territory.

the Copyright Act, 1911 means the Imperial Act known as the Copyright Act, 1911.

the Copyright Tribunal or the Tribunal means the Copyright Tribunal established by Part VI, and includes a member of that Tribunal exercising powers of that Tribunal.

the Crown includes the Crown in right of a State, the Crown in right of the Northern Territory and the Crown in right of Norfolk Island and also includes the Administration of a Territory other than the Northern Territory or Norfolk Island.

the National Librarian has the same meaning as in the National Library Act 1960-1967.

the National Library means the National Library established under the National Library Act 1960-1967.

the Special Broadcasting Service means the Special Broadcasting Service that was referred to in section 5 of the Special Broadcasting Service Act 1991.

the Special Broadcasting Service Corporation means the body corporate preserved and continued in existence as the Special Broadcasting Service Corporation under section 5 of the Special Broadcasting Service Act 1991.

to the public means to the public within or outside Australia.

TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights set out in Annex 1C to the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994.

Note: The English text of the Marrakesh Agreement establishing the World Trade Organization is set out in Australian Treaty Series 1995 No. 8.

will includes a codicil.

work means a literary, dramatic, musical or artistic work.

work of joint authorship means a work that has been produced by the collaboration of two or more authors and in which the contribution of each author is not separate from the contribution of the other author or the contributions of the other authors.

writing means a mode of representing or reproducing words, figures or symbols in a visible form, and written has a corresponding meaning.

(1A) Without limiting the meaning of the expression educational purposes in this Act, a copy of the whole or a part of a work or other subject-matter shall be taken, for the purposes of the provision in which the expression appears, to have been made, used or retained, as the case may be, for the educational purposes of an educational institution if:

(a) it is made or retained for use, or is used, in connection with a particular course of instruction provided by the institution; or

(b) it is made or retained for inclusion, or is included, in the collection of a library of the institution.

(2) Without limiting the meaning of the expression reasonable portion in this Act, where a literary, dramatic or musical work (other than a computer program) is contained in a published edition of that work, being an edition of not less than 10 pages, a copy of part of that work, as it appears in that edition, shall be taken to contain only a reasonable portion of that work if the pages that are copied in the edition:

(a) do not exceed, in the aggregate, 10% of the number of pages in that edition; or

(b) in a case where the work is divided into chapters exceed, in the aggregate, 10% of the number of pages in that edition but contain only the whole or part of a single chapter of the work.

(2A) Without limiting the meaning of the expression reasonable portion in this Act, if a person makes a reproduction of a part of:

(a) a published literary work (other than a computer program or an electronic compilation, such as a database); or

(b) a published dramatic work;

being a work that is in electronic form, the reproduction is taken to contain only a reasonable portion of the work if:

(c) the number of words copied does not exceed, in the aggregate, 10% of the number of words in the work; or

(d) if the work is divided into chapters-the number of words copied exceeds, in the aggregate, 10% of the number of words in the work, but the reproduction contains only the whole or part of a single chapter of the work.

(2B) If a published literary or dramatic work is contained in a published edition of the work and is separately available in electronic form, a reproduction of a part of the work is taken to contain only a reasonable portion of the work if it is taken to do so either under subsection (2) or (2A), whether or not it does so under both of them.

(2C) If:

(a) a person makes a reproduction of a part of a published literary or dramatic work; and

(b) the reproduction is taken to contain only a reasonable portion of the work under subsection (2) or (2A);

subsection (2) or (2A) does not apply in relation to any subsequent reproduction made by the person of any other part of the same work.

(3) In this Act, unless the contrary intention appears:

(a) a reference to the body administering an institution shall be read as:

(i) in a case where the institution is a body corporate-a reference to the institution; or

(ii) in any other case-a reference to the body or person (including the Crown) having ultimate responsibility for the administration of the institution;

(b) a reference to the body administering a library or archives shall be read as a reference to the body (whether incorporated or not), or the person (including the Crown), having ultimate responsibility for the administration of the library or archives;

(c) a reference to a copy of a sound recording shall be read as a reference to a record embodying a sound recording or a substantial part of a sound recording being a record derived directly or indirectly from a record produced upon the making of a sound recording;

(e) a reference to the Crown in right of a State shall be read as including a reference to the Crown in right of the Northern Territory and the Crown in right of Norfolk Island;

(f) a reference to the custodian in charge of the copying records of an educational institution, an institution assisting persons with a print disability or an institution assisting persons with an intellectual disability shall be read as a reference to the person having responsibility for the day-to-day administration of the institution;

(g) a reference to the making, by reprographic reproduction, of a copy of a document, or of the whole or a part of a work, shall be read as a reference to the making of a facsimile copy of the document or the whole or that part of the work, being a facsimile copy of any size or form;

(h) a reference to a copy of a work, or of a part of a work, for a person with a print disability is taken to be a reference to:

(i) a record embodying a sound recording of the work, or of the part of the work, being a record made by, or on behalf of, the body administering an institution assisting persons with a print disability and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability; or

(ii) a Braille version, large-print version or photographic version of the work, or of the part of the work, being a Braille version, large-print version or photographic version, as the case may be, made by, or on behalf of, the body administering an institution assisting persons with a print disability and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability;

(ha) a reference to a copy for a person with an intellectual disability, in relation to the whole or a part of an eligible item within the meaning of Part VB, shall be read as a reference to a copy, within the meaning of that Part, of an eligible item, or of a part of an eligible item, as the case may be, made by, or on behalf of, the body administering an institution assisting persons with an intellectual disability, being a copy that is made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with an intellectual disability;

(j) a reference to a microform copy of the whole or a part of a work shall be read as a reference to a copy of the whole or a part of the work produced by miniaturizing the graphic symbols of which the work is composed;

(k) a reference to a periodical publication shall be read as a reference to an issue of a periodical publication and a reference to articles contained in the same periodical publication shall be read as a reference to articles contained in the same issue of that periodical publication;

(n( �/em> a reference to a record embodying a sound recording shall be read as a reference to:

(i) a record produced upon the making of a sound recording; or

(ii) another record embodying the sound recording directly or indirectly derived from a record so produced;

(m) a reference to a relevant record, or a relevant declaration, in relation to the making, in reliance on a particular section (other than section 49):

(i) of a copy, or a copy for a person with a print disability, of the whole or a part of a work; or

(ia) of a copy for a person with an intellectual disability of the whole or a part of an eligible item; or

(ii) of a copy of a sound recording or a cinematograph film;

shall be read as a reference to any record or declaration of a kind referred to in that section that is required by this Act to be made in relation to the making of that copy;

(ma) a reference to a relevant declaration, in relation to the making, in reliance on section 49, of a copy of the whole or a part of a work, shall be read as a reference to:

(i) in a case where the copy is made in reliance on subsection 49(2)-a declaration of the kind referred to in subsection 49(1) that is furnished in relation to the making of the copy;

(ii) in a case where the copy is made in reliance on subsection 49(2C)-a declaration of the kind referred to in paragraph 49(2C) (b) that is made in relation to the making of the copy; or

(iii) in any case-a declaration of the kind referred to in subsection 49(5) that is made in relation to the making of the copy; and

(n) a reference to a State shall be read as including a reference to the Northern Territory and Norfolk Island and a reference to a Territory shall be read as not including a reference to the Northern Territory or Norfolk Island.

(4) Where:

(a) a collection of documents or other material of historical significance or public interest that is in the custody of a body, whether incorporated or unincorporated, is being maintained by the body for the purpose of conserving and preserving those documents or other material; and

(b) the body does not maintain and operate the collection for the purpose of deriving a profit;

paragraph (b) of the definition of archives in subsection (1) applies to that collection.

Example: Museums and galleries are examples of bodies that could have collections covered by paragraph (b) of the definition of archives.

Non-Infringing Copy of a Sound Recording

Minimum Requirements

10AA.-(1) A copy of a sound recording is a non-infringing copy only if it is made by or with the consent of:

(a) the owner of the copyright or related right in the sound recording in the country (the copy country) in which the copy was made; or

(b) the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the copy country did not provide for copyright or a related right in sound recordings when the sound recording was made; or

(c) the maker of the sound recording, if neither the law of the copy country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when the sound recording was made.

Extra requirements for copies of recordings of works subject to Australian copyright

(2) If the sound recording is of a work that is a literary, dramatic or musical work in which copyright subsists in Australia, the copy is a non-infringing copy only if:

(a) copyright subsists in the work under the law of the copy country; and

(b) the making of the copy does not infringe the copyright in the work under the law of the copy country; and

(c) the copy country meets the requirements of subsection (3).

To avoid doubt, the requirements of this subsection are additional to those of subsection (1).

Requirements for Copy Country

(3) The copy country mentioned in subsection (2) must:

(a) be a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 as revised from time to time; or

(b) be a member of the World Trade Organization and have a law that provides consistently with the TRIPS Agreement for:

(i) the ownership and duration of copyright in literary, dramatic and musical works; and

(ii) the owner of the copyright in the work to have rights relating to the reproduction of the work.

Australian Copyright May Result from Act or Regulations

(4) For the purposes of subsection (2) it does not matter whether the copyright in the work subsists in Australia as a result of this Act or as a result of the regulations made for the purposes of section 184.

Declarations and Notices Relating to Certain Bodies and Institutions

10A.-(1) The Attorney-General may, by notice in writing published in the Gazette:

(c) declare an institution to be, for the purposes of this Act, an institution assisting persons with a print disability; or

(d) declare an institution to be, for the purposes of this Act, an institution assisting persons with an intellectual disability.

(2) The Attorney-General may, by notice in writing published in the Gazette, revoke a declaration made under subsection (1).

(3) The Attorney-General shall cause a copy of a notice under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the notice is published in the Gazette.

(4) The body administering an institution may cause to be published in the Gazette a notice that:

(a) sets out full particulars of the name and address of the institution; and

(aa) sets out the principal function or principal functions of the institution or of an undertaking within the body administering the institution; and

(b) contains a statement to the effect that the notice is published for the purposes of this subsection.

(5) The body administering an institution may cause to be published in the Gazette a notice revoking a notice published under subsection (4) in relation to the institution.

(5A) A collecting society may apply to the Copyright Tribunal for review of a declaration included in a notice published under subsection (4) of this section for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).

Note: For applications to the Tribunal for review see section 153L.

(6) In this section, institution includes a school of nursing, an undertaking within a hospital, a teacher education centre and an undertaking within a body administering an educational institution.

Residence in a Country Not Affected by Temporary Absence

11. For the purposes of this Act, a person who, at a material time, was ordinarily resident in a country (including Australia) but was temporarily absent from that country shall be treated as if he or she had been resident in that country at that time.

References to Parliament

12. A reference in this Act to a Parliament shall be read as a reference to the Parliament of the Commonwealth or of a State or a legislature of a Territory.

Acts Comprised in Copyright

13.-(1) A reference in this Act to an act comprised in the copyright in a work or other subject-matter shall be read as a reference to any act that, under this Act, the owner of the copyright has the exclusive right to do.

(2) For the purposes of this Act, the exclusive right to do an act in relation to a work, an adaptation of a work or any other subject-matter includes the exclusive right to authorize a person to do that act in relation to that work, adaptation or other subject-matter.

Acts Done in Relation to Substantial Part of Work or Other
Subject-Matter Deemed to Be Done in Relation to the Whole

14.-(1) In this Act, unless the contrary intention appears:

(a) a reference to the doing of an act in relation to a work or other subject-matter shall be read as including a reference to the doing of that act in relation to a substantial part of the work or other subject-matter; and

(b) a reference to a reproduction, adaptation or copy of a work shall be read as including a reference to a reproduction, adaptation or copy of a substantial part of the work, as the case may be.

(2) This section does not affect the interpretation of any reference in sections 32, 177, 180, 187 and 198 to the publication, or absence of publication, of a work.

References to Acts Done with Licence of Owner of Copyright

15. For the purposes of this Act, an act shall be deemed to have been done with the licence of the owner of a copyright if the doing of the act was authorized by a licence binding the owner of the copyright.

References to Partial Assignment of Copyright

16. A reference in this Act to a partial assignment of copyright shall be read as a reference to an assignment of copyright that is limited in any way.

Statutory Employment

17. For the purposes of this Act, the employment of a person, or the employment of a person as an apprentice, under a law of the Commonwealth or of a State but otherwise than under a contract of service or contract of apprenticeship shall be treated as if that employment were employment under a contract of service or employment under a contract of apprenticeship, as the case may be.

Libraries Established or Conducted for Profit

18. For the purposes of this Act, a library shall not be taken to be established or conducted for profit by reason only that the library is owned by a person carrying on business for profit.

References to Copyright Act, 1911

19. A reference in a provision of this Act to the Copyright Act, 1911, in relation to any time before the commencement of this Act, shall, for the purposes of the application of that provision in relation to a State or a Territory, be read as a reference to the Copyright Act, 1911 as it applied in that State or Territory at that time.

Names Under Which Work is Published

20.-(1) A reference in this Act to the name or names under which a work was published shall be read as a reference to the name or names specified in the work as the name of the author or the names of the authors of the work.

(2) For the purposes of this Act, a publication of a work under two or more names shall not be taken to be pseudonymous unless all those names are pseudonyms.

Reproduction and Copying of Works and
Other Subject-Matter

21.-(1) For the purposes of this Act, a literary, dramatic or musical work shall be deemed to have been reproduced in a material form if a sound recording or cinematograph film is made of the work, and any record embodying such a recording and any copy of such a film shall be deemed to be a reproduction of the work.

(1A) For the purposes of this Act, a work is taken to have been reproduced if it is converted into or from a digital or other electronic machine-readable form, and any article embodying the work in such a form is taken to be a reproduction of the work.

Note: The reference to the conversion of a work into a digital or other electronic machine-readable form includes the first digitisation of the work.

(2) Subsections (1) and (1A) apply in relation to an adaptation of a work in the same way as they apply in relation to a work.

(3) For the purposes of this Act, an artistic work shall be deemed to have been reproduced:

(a) in the case of a work in a two-dimensional form-if a version of the work is produced in a three-dimensional form; or

(b) in the case of a work in a three-dimensional form-if a version of the work is produced in a two-dimensional form;

and the version of the work so produced shall be deemed to be a reproduction of the work.

(4) The last preceding subsection has effect subject to Division 7 of Part III.

(5) For the purposes of this Act, a computer program is taken to have been reproduced if:

(a) an object code version of the program is derived from the program in source code by any process, including compilation; or

(b) a source code version of the program is derived from the program in object code by any process, including decompilation;

and any such version is taken to be a reproduction of the program.

(6) For the purposes of this Act, a sound recording or cinematograph film is taken to have been copied if it is converted into or from a digital or other electronic machine-readable form, and any article embodying the recording or film in such a form is taken to be a copy of the recording or film.

Note: The reference to the conversion of a sound recording or cinematograph film into a digital or other electronic machine-readable form includes the first digitisation of the recording or film.

Provisions Relating to the Making of a Work or
Other Subject-Matter

22.-(1) A reference in this Act to the time when, or the period during which, a literary, dramatic, musical or artistic work was made shall be read as a reference to the time when, or the period during which, as the case may be, the work was first reduced to writing or to some other material form.

(2) For the purposes of this Act, a literary, dramatic or musical work that exists in the form of sounds embodied in an article or thing shall be deemed to have been reduced to a material form and to have been so reduced at the time when those sounds were embodied in that article or thing.

(3) For the purposes of this Act:

(a) a sound recording shall be deemed to have been made at the time when the first record embodying the recording was produced; and

(b) the maker of the sound recording is the person who owned that record at that time.

(4) For the purposes of this Act:

(a) a reference to the making of a cinematograph film shall be read as a reference to the doing of the things necessary for the production of the first copy of the film; and

(b) the maker of the cinematograph film is the person by whom the arrangements necessary for the making of the film were undertaken.

(5) For the purposes of this Act, a broadcast is taken to have been made by the person who provided the broadcasting service by which the broadcast was delivered.

(6) For the purposes of this Act, a communication other than a broadcast is taken to have been made by the person responsible for determining the content of the communication.

Sound Recordings and Records

23.-(1) For the purposes of this Act, sounds embodied in a sound-track associated with visual images forming part of cinematograph film shall be deemed not to be a sound recording.

(2) A reference in this Act to a record of a work or other subject-matter shall, unless the contrary intention appears, be read as a reference to a record by means of which the work or other subject-matter can be performed.

References to Sounds and Visual Images
Embodied in an Article

24. For the purposes of this Act, sounds or visual images shall be taken to have been embodied in an article or thing if the article or thing has been so treated in relation to those sounds or visual images that those sounds or visual images are capable, with or without the aid of some other device, of being reproduced from the article or thing.

Provisions Relating to Broadcasting

25.-(1) A reference in this Act to broadcasting shall, unless the contrary intention appears, be read as a reference to broadcasting whether by way of sound broadcasting or of television.

(2) A reference in this Act to the doing of an act by the reception of a television broadcast or sound broadcast shall be read as a reference to the doing of that act by means of receiving a broadcast:

(a) from the transmission by which the broadcast is made; or

(b) from a transmission made otherwise than by way of broadcasting, but simultaneously with the transmission referred to in the last preceding paragraph;

whether the reception of the broadcast is directly from the transmission concerned or from a re-transmission made by any person from any place.

(3) Where a record embodying a sound recording or a copy of a cinematograph film is used for the purpose of making a broadcast (in this subsection referred to as the primary broadcast), a person who makes a broadcast (in this subsection referred to as the secondary broadcast) by receiving and making a retransmission of:

(a) the transmission by which the primary broadcast was made; or

(b) a transmission made otherwise than by way of broadcasting but simultaneously with the transmission referred to in the last preceding paragraph;

shall, for the purposes of this Act, be deemed not to have used the record or copy for the purpose of making the secondary broadcast.

(4) In this Act:

(a) a reference to a cinematograph film of a television broadcast shall be read as including a reference to a cinematograph film, or a photograph, of any of the visual images comprised in the broadcast; and

(b) a reference to a copy of a cinematograph film of a television broadcast shall be read as including a reference to a copy of a cinematograph film, or a reproduction of a photograph, of any of those images.

Performance

27.-(1) Subject to this section, a reference in this Act to performance shall:

(a) be read as including a reference to any mode of visual or aural presentation, whether the presentation is by the use of reception equipment, by the exhibition of a cinematograph film, by the use of a record or by any other means; and

(b) in relation to a lecture, address, speech or sermon-be read as including a reference to delivery;

and a reference in this Act to performing a work or an adaptation of a work has a corresponding meaning.

(2) For the purposes of this Act, the communication of a work or other subject-matter to the public does not constitute:

(a) performance; or

(b) causing visual images to be seen or sounds to be heard.

(3) Where visual images or sounds are displayed or emitted by any reception equipment to which they are communicated, the operation of any equipment by which the images or sounds are communicated, directly or indirectly, to the reception equipment shall be deemed not to constitute performance or to constitute causing visual images to be seen or sounds to be heard but, in so far as the display or emission of the images or sounds constitutes a performance, or causes the images to be seen or the sounds to be heard, the performance, or the causing of the images to be seen or sounds to be heard, as the case may be, shall be deemed to be effected by the operation of the reception equipment.

(4) Without prejudice to the last two preceding subsections, where a work or an adaptation of a work is performed or visual images are caused to be seen or sounds to be heard by the operation of any equipment referred to in the last preceding subsection or of any equipment for reproducing sounds by the use of a record, being equipment provided by or with the consent of the occupier of the premises where the equipment is situated, the occupier of those premises shall, for the purposes of this Act, be deemed to be the person giving the performance or causing the images to be seen or the sounds to be heard, whether he or she is the person operating the equipment or not.

(5) This section does not apply to a performance within the meaning of Part XIA.

Performance of Works or Other Subject-Matter
in the Course of Educational Instruction

28.-(1) Where a literary, dramatic or musical work:

(a) is performed in class, or otherwise in the presence of an audience; and

(b) is so performed by a teacher in the course of giving educational instruction, not being instruction given for profit, or by a student in the course of receiving such instruction;

the performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.

(2) For the purposes of the last preceding subsection, educational instruction given by a teacher at a place of education that is not conducted for profit shall not be taken to be given for profit by reason only that the teacher receives remuneration for giving the instruction.

(3) For the purposes of subsection (1), a person shall not be taken to be directly connected with a place where instruction is given by reason only that he or she is a parent or guardian of a student who receives instruction at that place.

(4) The last three preceding subsections apply in relation to sound recordings and cinematograph films in like manner as they apply in relation to literary, dramatic and musical works but, in the application of those subsections in relation to such recordings or films, any reference to performance shall be read as a reference to the act of causing the sounds concerned to be heard or the visual images concerned to be seen.

Publication

29.-(1) Subject to this section, for the purposes of this Act:

(a) a literary, dramatic, musical or artistic work, or an edition of such a work, shall be deemed to have been published if, but only if, reproductions of the work or edition have been supplied (whether by sale or otherwise) to the public;

(b) a cinematograph film shall be deemed to have been published if, but only if, copies of the film have been sold, let on hire, or offered or exposed for sale or hire, to the public; and

(c) a sound recording shall be deemed to have been published if, but only if, records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public.

(2) In determining, for the purposes of paragraph (1) (a), whether reproductions of a work or edition have been supplied to the public, section 14 does not apply.

(3) For the purposes of this Act, the performance of a literary, dramatic or musical work, the supplying (whether by sale or otherwise) to the public of records of a literary, dramatic or musical work, the exhibition of an artistic work, the construction of a building or of a model of a building, or the supplying (whether by sale or otherwise) to the public of photographs or engravings of a building, of a model of a building or of a sculpture, does not constitute publication of the work.

(4) A publication that is merely colourable and is not intended to satisfy the reasonable requirements of the public shall be disregarded for the purposes of this Act except in so far as it may constitute an infringement of copyright or a breach of a duty under Part IX.

(5) For the purposes of this Act, a publication in Australia or in any other country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the two publications took place within a period of not more than thirty days.

(6) In determining, for the purposes of any provision of this Act:

(a) whether a work or other subject-matter has been published;

(b) whether a publication of a work or other subject-matter was the first publication of the work or other subject-matter; or

(c) whether a work or other subject-matter was published or otherwise dealt with in the life-time of a person;

any unauthorized publication or the doing of any other unauthorized act shall be disregarded.

(7) Subject to section 52, a publication or other act shall, for the purposes of the last preceding subsection, be taken to have been unauthorized if, but only if:

(a) copyright subsisted in the work or other subject-matter and the act concerned was done otherwise than by, or with the licence of, the owner of the copyright; or

(b) copyright did not subsist in the work or other subject-matter and the act concerned was done otherwise than by, or with the licence of:

(i) the author or, in the case of a sound recording, cinematograph film or edition of a work, the maker or publisher, as the case may be; or

(ii) persons lawfully claiming under the author, maker or publisher.

(8) Nothing in either of the last two preceding subsections affects any provisions of this Act relating to the acts comprised in a copyright or to acts constituting infringements of copyrights or any provisions of Part IX.

Ownership of Copyright for Particular Purposes

30. In the case of a copyright of which (whether as a result of a partial assignment or otherwise) different persons are the owners in respect of its application to:

(a) the doing of different acts or classes of acts; or

(b) the doing of one or more acts or classes of acts in different countries or at different times;

the owner of the copyright, for any purpose of this Act, shall be deemed to be the person who is the owner of the copyright in respect of its application to the doing of the particular act or class of acts, or to the doing of the particular act or class of acts in the particular country or at the particular time, as the case may be, that is relevant to that purpose, and a reference in this Act to the prospective owner of a future copyright of which different persons are the prospective owners has a corresponding meaning.

Commercial Rental Arrangement

30A.-(1) In this Act, the expression commercial rental arrangement, in relation to a work reproduced in a sound recording, signifies an arrangement that has the following features:

(a) however the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording is made available by a person on terms that it will or may be returned to the person;

(b) the arrangement is made in the course of the conduct of a business;

(c) the arrangement provides for the copy to be made available:

(i) for payment in money or money's worth; or

(ii) as part of the provision of a service for which payment in money or money's worth is to be made.

(2) In this Act, the expression commercial rental arrangement, in relation to a sound recording or a computer program, signifies an arrangement that has the following features:

(a) however the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording or computer program is made available by a person on terms that it will or may be returned to the person;

(b) the arrangement is made in the course of the conduct of a business;

(c) the arrangement provides for the copy to be made available:

(i) for payment in money or money's worth; or

(ii) as part of the provision of a service for which payment in money or money's worth is to be made.

(3) It is not the intention of the Parliament that a lending arrangement should be regarded as a commercial rental arrangement for the purposes of subsection (1) or (2).

(4) An arrangement is to be regarded as a lending arrangement if, regardless of the way in which the arrangement is expressed, the true nature of the arrangement is that it is an arrangement for the lending of a copy of a sound recording or computer program under which no amount, other than a deposit to secure the return of the copy, is payable.

PART III
COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC,
MUSICAL AND ARTISTIC WORKS
Division 1
Nature, Duration and Ownership of Copyright in Works
Nature of Copyright in Original Works

31.-(1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a work, is the exclusive right:

(a) in the case of a literary, dramatic or musical work, to do all or any of the following acts:

(i) to reproduce the work in a material form;

(ii) to publish the work;

(iii) to perform the work in public;

(iv) to communicate the work to the public;

(vi) to make an adaptation of the work;

(vii) to do, in relation to a work that is an adaptation of the first-mentioned work, any of the acts specified in relation to the first-mentioned work in subparagraphs (i) to (iv), inclusive; and

(b) in the case of an artistic work, to do all or any of the following acts:

(i) to reproduce the work in a material form;

(ii) to publish the work;

(iii) to communicate the work to the public; and

(c) in the case of a literary work (other than a computer program) or a musical or dramatic work, to enter into a commercial rental arrangement in respect of the work reproduced in a sound recording; and

(d) in the case of a computer program, to enter into a commercial rental arrangement in respect of the program.

(2) The generality of subparagraph (1) (a) (i) is not affected by subparagraph (1) (a) (vi).

(3) Paragraph (1) (d) does not extend to entry into a commercial rental arrangement in respect of a machine or device in which a computer program is embodied if the program is not able to be copied in the course of the ordinary use of the machine or device.

(4) The reference in subsection (3) to a device does not include a device of a kind ordinarily used to store computer programs (for example, a floppy disc, a device of the kind commonly known as a CD ROM, or an integrated circuit).

(5) Paragraph (1) (d) does not extend to entry into a commercial rental arrangement if the computer program is not the essential object of the rental.

(6) Paragraph (1) (c) does not extend to entry into a commercial rental arrangement if:

(a) the copy of the sound recording concerned was purchased by a person (the record owner) before the commencement of Part 2 of the Copyright (World Trade Organization Amendments) Act 1994; and

(b) the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and

(c) the record owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements of the same kind, when the copy was purchased.

(7) Paragraph (1) (d) does not extend to entry into a commercial rental arrangement in respect of a computer program if:

(a) the copy of the computer program was purchased by a person (the program owner) before the commencement of Part 2 of the Copyright (World Trade Organization Amendments) Act 1994; and

(b) the commercial rental arrangement is entered into in the ordinary course of a business conducted by the program owner; and

(c) the program owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of computer programs, when the copy was purchased.

Original Works in Which Copyright Subsists

32.-(1) Subject to this Act, copyright subsists in an original literary, dramatic, musical or artistic work that is unpublished and of which the author:

(a) was a qualified person at the time when the work was made; or

(b) if the making of the work extended over a period-was a qualified person for a substantial part of that period.

(2) Subject to this Act, where an original literary, dramatic, musical or artistic work has been published:

(a) copyright subsists in the work; or

(b) if copyright in the work subsisted immediately before its first publication-copyright continues to subsist in the work;

if, but only if:

(c) the first publication of the work took place in Australia;

(d) the author of the work was a qualified person at the time when the work was first published; or

(e) the author died before that time but was a qualified person immediately before his or her death.

(3) Notwithstanding the last preceding subsection but subject to the remaining provisions of this Act, copyright subsists in:

(a) an original artistic work that is a building situated in Australia; or

(b) an original artistic work that is attached to, or forms part of, such a building.

(4) In this section, qualified person means an Australian citizen, an Australian protected person or a person resident in Australia.

Duration of Copyright in Original Works

33.-(1) This section has effect subject to subsection 32(2) and to section 34.

(2) Subject to this section, where, by virtue of this Part, copyright subsists in a literary, dramatic or musical work, or in an artistic work other than a photograph, that copyright continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the author of the work died.

(3) If, before the death of the author of a literary work (other than a computer program) or a dramatic or musical work:

(a) the work had not been published;

(b) the work had not been performed in public;

(c) the work had not been broadcast; and

(d) records of the work had not been offered or exposed for sale to the public;

the copyright in the work continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the work is first published, performed in public, or broadcast, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen.

(4) A reference in the last preceding subsection to the doing of an act in relation to a work shall be read as including a reference to the doing of that act in relation to an adaptation of the work.

(5) If, before the death of the author of an engraving, the engraving had not been published, the copyright in the engraving continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the engraving is first published.

(6) Copyright subsisting in a photograph by virtue of this Part continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the photograph is first published.

Duration of Copyright in Anonymous and Pseudonymous Works

34.-(1) Subject to the next succeeding subsection, where the first publication of a literary, dramatic or musical work, or of an artistic work other than a photograph, is anonymous or pseudonymous, the last preceding section does not apply in relation to the work but any copyright subsisting in the work by virtue of this Part continues to subsist until the expiration of the period of 50 years after the expiration of the calendar year in which the work was first published.

(2) The last preceding subsection does not apply in relation to a work if, at any time before the expiration of the period referred to in that subsection, the identity of the author of the work is generally known or can be ascertained by reasonable inquiry.

Ownership of Copyright in Original Works

35.-(1) This section has effect subject to Parts VII and X.

(2) Subject to this section, the author of a literary, dramatic, musical or artistic work is the owner of any copyright subsisting in the work by virtue of this Part.

(3) The operation of any of the next three succeeding subsections in relation to copyright in a particular work may be excluded or modified by agreement.

(4) If a literary, dramatic or artistic work:

(a) is made by the author under the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship; and

(b) is so made for the purpose of inclusion in a newspaper, magazine or similar periodical;

the following paragraphs apply:

(c) the author is the owner of the copyright only in so far as the copyright relates to:

(i) reproduction of the work for the purpose of inclusion in a book; or

(ii) reproduction of the work in the form of a hard copy facsimile (other than a hard copy facsimile made as part of a process of transmission) made from a paper edition of, or from another hard copy facsimile made from a paper edition of, an issue of the newspaper, magazine or similar periodical, but not including reproduction by the proprietor for a purpose connected with the publication of the newspaper, magazine or similar periodical;

(d) except as provided by paragraph (c), the proprietor is the owner of the copyright.

(5) Subject to the last preceding subsection, where:

(a) a person makes, for valuable consideration, an agreement with another person for the taking of a photograph for a private or domestic purpose, the painting or drawing of a portrait or the making of an engraving by the other person; and

(b) the work is made in pursuance of the agreement;

the first-mentioned person is the owner of any copyright subsisting in the work by virtue of this Part, but, if at the time the agreement was made that person made known, expressly or by implication, to the author of the work the purpose for which the work was required, the author is entitled to restrain the doing, otherwise than for that purpose, of any act comprised in the copyright in the work.

(6) Where a literary, dramatic or artistic work to which neither of the last two preceding subsections applies, or a musical work, is made by the author in pursuance of the terms of his or her employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of this Part.

(7) In this section:

hard copy facsimile, in relation to a literary, dramatic or artistic work, means a facsimile which is in a material form and from which the work is visible to a human being without the use of any device.

private or domestic purpose includes a portrait of family members, a wedding party or children.

Division 2
Infringement of Copyright in Works
Infringement by Doing Acts Comprised in the Copyright

36.-(1) Subject to this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright.

(1A) In determining, for the purposes of subsection (1), whether or not a person has authorised the doing in Australia of any act comprised in the copyright in a work, without the licence of the owner of the copyright, the matters that must be taken into account include the following:

(a) the extent (if any) of the person's power to prevent the doing of the act concerned;

(b) the nature of any relationship existing between the person and the person who did the act concerned;

(c) whether the person took any reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice.

(2) The next three succeeding sections do not affect the generality of this section.

Infringement by Importation for Sale or Hire

37.-(1) Subject to Division 3, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, without the licence of the owner of the copyright, imports an article into Australia for the purpose of:

(a) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;

(b) distributing the article:

(i) for the purpose of trade; or

(ii) for any other purpose to an extent that will affect prejudicially the owner of the copyright; or

(c) by way of trade exhibiting the article in public;

if the importer knew, or ought reasonably to have known, that the making of the article would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright.

(2) In relation to an accessory to an article that is or includes a copy of a work, being a copy that was made without the licence of the owner of the copyright in the work in the country in which the copy was made, subsection (1) has effect as if the words "the importer knew, or ought reasonably to have known, that" were omitted.

Infringement by Sale and Other Dealings

38.-(1) Subject to Division 3, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, in Australia, and without the licence of the owner of the copyright:

(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or

(b) by way of trade exhibits an article in public;

if the person knew, or ought reasonably to have known, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, would, if the article had been made in Australia by the importer, have constituted such an infringement.

(2) For the purposes of the last preceding subsection, the distribution of any articles:

(a) for the purpose of trade; or

(b) for any other purpose to an extent that affects prejudicially the owner of the copyright concerned;

shall be taken to be the sale of those articles.

Infringement by Permitting Place of Public
Entertainment to be Used for Performance of Work

39.-(1) The copyright in a literary, dramatic or musical work is infringed by a person who permits a place of public entertainment to be used for the performance in public of the work, where the performance constitutes an infringement of the copyright in the work.

(2) This section does not apply where the person permitting the place to be so used establishes:

(a) that he or she was not aware, and had no reasonable grounds for suspecting, that the performance would be an infringement of the copyright; or

(b) that he or she gave the permission gratuitously, or for a consideration that was only nominal or, if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him or her by reason of the use of the place for the performance.

(3) In this section, placeof public entertainment includes any premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment.

Infringing Copies Made on Machines Installed
in Libraries and Archives

39A. Where:

(a) a person makes an infringing copy of, or of part of, a work on a machine (including a computer), being a machine installed by or with the approval of the body administering a library or archives on the premises of the library or archives, or outside those premises for the convenience of persons using the library or archives; and

(b) there is affixed to, or in close proximity to, the machine, in a place readily visible to persons using the machine, a notice of the prescribed dimensions and in accordance with the prescribed form;

neither the body administering the library or archives nor the officer in charge of the library or archives shall be taken to have authorized the making of the infringing copy by reason only that the copy was made on that machine.

Communication by Use of Certain Facilities

39B. A person (including a carrier or carriage service provider) who provides facilities for making, or facilitating the making of, a communication is not taken to have authorised any infringement of copyright in a work merely because another person uses the facilities so provided to do something the right to do which is included in the copyright.

Division
Acts not Constituting Infringements of Copyright in Works
Fair Dealing for Purpose of Research or Study

40.-(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work.

(1A) A fair dealing with a literary work (other than lecture notes) does not constitute an infringement of the copyright in the work if it is for the purpose of, or associated with, an approved course of study or research by an enrolled external student of an educational institution.

(1B) In subsection (1A) the expression lecture notes means any literary work produced for the purpose of the course of study or research by a person lecturing or teaching in or in connection with the course of study or research.

(2) For the purposes of this Act, the matters to which regard shall be had, in determining whether a dealing with a literary, dramatic, musical or artistic work or with an adaptation of a literary, dramatic or musical work, being a dealing by way of reproducing the whole or a part of the work or adaptation, constitutes a fair dealing with the work or adaptation for the purpose of research or study include:

(a) the purpose and character of the dealing;

(b) the nature of the work or adaptation;

(c) the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price;

(d) the effect of the dealing upon the potential market for, or value of, the work or adaptation; and

(e) in a case where part only of the work or adaptation is reproduced-the amount and substantiality of the part copied taken in relation to the whole work or adaptation.

(3) Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, or with an adaptation of such a work, being a dealing by way of the reproducing, for the purposes of research or study:

(a) if the work or adaptation comprises an article in a periodical publication-of the whole or a part of that work or adaptation; or

(b) in any other case-of not more than a reasonable portion of the work or adaptation;

shall be taken to be a fair dealing with that work or adaptation for the purpose of research or study.

(4) Subsection (3) does not apply to a dealing by way of reproducing the whole or a part of an article in a periodical publication if another article in that publication, being an article dealing with a different subject matter, is also reproduced.

Fair Dealing for Purpose of Criticism or Review

41. A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if it is for the purpose of criticism or review, whether of that work or of another work, and a sufficient acknowledgement of the work is made.

Fair Dealing for Purpose of Reporting News

42.-(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if:

(a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or

(b) it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.

(2) The playing of a musical work in the course of reporting news by means of a communication or in a cinematograph film is not a fair dealing with the work for the purposes of this section if the playing of the work does not form part of the news being reported.

Reproduction for Purpose of Judicial Proceedings
or Professional Advice

43.-(1) The copyright in a literary, dramatic, musical or artistic work is not infringed by anything done for the purposes of a judicial proceeding or of a report of a judicial proceeding.

(2) A fair dealing with a literary, dramatic, musical or artistic work does not constitute an infringement of the copyright in the work if it is for the purpose of the giving of professional advice by:

(a) a legal practitioner; or

(b) a person registered as a patent attorney under the Patents Act 1990; or

(c) a person registered as a trade marks attorney under the Trade Marks Act 1995.

Temporary Reproductions Made in the
Course of Communication

43A.-(1) The copyright in a work, or an adaptation of a work, is not infringed by making a temporary reproduction of the work or adaptation as part of the technical process of making or receiving a communication.

(2) Subsection (1) does not apply in relation to the making of a temporary reproduction of a work, or an adaptation of a work, as part of the technical process of making a communication if the making of the communication is an infringement of copyright.

Inclusion of Works in Collections for Use by
Places of Education

44.-(1) The copyright in a published literary, dramatic, musical or artistic work is not infringed by the inclusion of a short extract from the work, or, in the case of a published literary, dramatic or musical work, from an adaptation of the work, in a collection of literary, dramatic, musical or artistic works contained in a book, sound recording or cinematograph film and intended for use by places of education if:

(a) the collection is described in an appropriate place in the book, on the label of each record embodying the recording or of its container, or in the film, as being intended for use by places of education;

(b) the work or adaptation was not published for the purpose of being used by places of education;

(c) the collection consists principally of matter in which copyright does not subsist; and

(d) a sufficient acknowledgement of the work or adaptation is made.

(2) The last preceding subsection does not apply in relation to the copyright in a work if, in addition to the extract concerned, 2 or more other extracts from, or from adaptations of, works (being works in which copyright subsists at the time when the collection is published) by the author of the first-mentioned work are contained in that collection, or are contained in that collection taken together with every similar collection, if any, of works intended for use by places of education and published by the same publisher within the period of 5 years immediately preceding the publication of the first-mentioned collection.

Importation etc. of Books

44A.-(1) The copyright in an overseas work first published on or after the commencing day is not infringed by a person who, without the licence of the owner of the copyright, imports a non-infringing book into Australia for a purpose mentioned in paragraph 37(1) (a), (b) or (c).

(2) Subject to this section, the copyright in:

(a) an overseas work first published before the commencing day; or

(b) a work first published in Australia, whether before, on or after the commencing day;

is not infringed by a person who, without the licence of the owner of the copyright, imports a copy (in this subsection called the imported copy) of a hardback or paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 37(1) (a), (b) or (c) if:

(c) the person had ordered in writing from the copyright owner, or the owner's licensee or agent, one or more copies of that version of the book (not being second-hand copies or more copies than were needed to satisfy the person's reasonable requirements); and

(d) when the person ordered the imported copy, the original order mentioned in paragraph (c) had not been withdrawn or cancelled by, or with the consent of, the person and:

(i) at least 7 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not notified the person in writing that the original order would be filled within 90 days after it was placed; or

(ii) at least 90 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not filled the order.

(3) The copyright in a published work (whether first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports a single copy of a non-infringing book into Australia if the importation is for the purpose of filling a written order, or a verifiable telephone order, by a customer of the person and:

(a) in the case of a written order, the order contains a statement, signed by the customer; or

(b) in the case of a telephone order, the customer makes a verifiable statement;

to the effect that the customer does not intend to use the book for a purpose mentioned in paragraph 37(1) (a), (b) or (c).

(4) The copyright in a published work (whether first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports 2 or more copies of a non-infringing book into Australia if:

(a) the importation is for the purpose of filling a written order, or a verifiable telephone order, placed with the person by or on behalf of a library, other than a library conducted for the profit (direct or indirect) of a person or organisation; and

(b) in the case of a written order-the order contains a statement, signed by the person placing the order, to the effect that the library does not intend to use any of the books for a purpose mentioned in paragraph 37(1) (a), (b) or (c); and

(c) in the case of a telephone order-the person placing the order makes a verifiable statement to the effect referred to in paragraph (b); and

(d) the number of copies so imported is not more than the number of copies so ordered.

(5) Without limiting the ways in which a telephone order under subsection (3) or (4), or a statement under paragraph (3) (b) or (4) (c) relating to such an order, may be verified, such an order or statement is, for the purposes of this section, taken to be verifiable if the person who takes the order, or to whom the statement is made, makes a written note of the details of the order or statement when, or immediately after, the order is placed, or the statement is made, as the case may be.

(6) Where:

(a) a book is imported into Australia for a purpose mentioned in paragraph 37(1) (a), (b) or (c); and

(b) the importation does not, under this section, constitute an infringement of copyright in a published work;

the use of the book for any such purpose does not constitute an infringement of the copyright in the work and subsection 38(1) does not apply to the book.

(7) Subsection (2) does not apply to the importation of a copy of a hardback version of a non-infringing book into Australia if the copyright owner, or his or her licensee or agent, is able to supply in Australia enough copies of a paperback version of the book to fill any reasonable order.

(8) For the purposes of paragraph (2) (d), a copyright owner, licensee or agent is not taken to have filled an order by a person for one or more copies of a version of a book unless and until the copyright owner, licensee or agent sends the copy, or all of the copies, as the case requires, to the person.

(9) In this section:

book does not include:

(a) a book whose main content is one or more musical works, with or without any related literary, dramatic or artistic work; or

(b) a manual sold with computer software for use in connection with that software; or

(c) a periodical publication.

commencing day means the day on which the Copyright Amendment Act 1991 commences.

overseas work means a work:

(a) that was first published in a country other than Australia; and

(b) that was not published in Australia within 30 days after its first publication in that other country.

Note: A work may, for the purposes of this Act, be first published in Australia if it is published in Australia within 30 days of an earlier publication elsewhere. For the meaning of first publication, see section 29 and, in particular, subsection 29(5).

Reproduction of Writing on Approved Label for
Containers for Chemical Product

44B. The reproduction on a label on a container for a chemical product of any writing appearing on an approved label is not an infringement of any copyright subsisting under this Part in relation to that writing.

Copyright Subsisting in Accessories etc.
to Imported Articles

44C.-(1) The copyright in a work a copy of which is on, or embodied in, a non-infringing accessory to an article is not infringed by importing the accessory with the article.

(2) Section 38 does not apply to a copy of a work, being a copy that is on, or embodied in, a non-infringing accessory to an article, if the importation of the accessory is not an infringement of copyright in the work.

Import of Non-Infringing Copy of Sound Recording
does Not infringe Copyright in Works Recorded

44D.-(1) The copyright in a literary, dramatic or musical work is not infringed by a person who:

(a) imports into Australia a non-infringing copy of a sound recording of the work; or

(b) does an act described in section 38 involving an article that is a non-infringing copy of a sound recording of the work and has been imported into Australia by anyone.

Note: In a civil action for infringement of copyright, a copy of a sound recording is presumed not to be a non-infringing copy of the sound recording unless the defendant proves it is. See section 130A.

(2) This section applies to a copy of a sound recording only if, when the copy is imported into Australia, the sound recording has been published:

(a) in Australia; or

(b) in another country (the publication country) by or with the consent of:

(i) the owner of the copyright or related right in the sound recording in the publication country; or

(ii) the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the publication country did not provide for copyright or a related right in sound recordings when publication occurred; or

(iii) the maker of the sound recording, if neither the law of the publication country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when publication occurred.

Note: Subsection 29(6) deals with unauthorised publication.

(3) In subsection (2):

owner of the copyright or related right in the sound recording means the owner at the time publication of the sound recording occurred.

(4) The copyright in a work a copy of which is on, or embodied in, a non-infringing accessory to a non-infringing copy of a sound recording is not infringed by importing the accessory with the copy.

(5) Section 38 does not apply to a copy of a work, being a copy that is on, or embodied in, a non-infringing accessory to a non-infringing copy of a sound recording, if the importation of the accessory is not an infringement of copyright in the work.

Division 4
Acts not Constituting Infringements of Copyright in Literary,
Dramatic and Musical Works
Reading or Recitation in Public or for a Broadcast

45. The reading or recitation in public, or the inclusion in a sound broadcast or television broadcast of a reading or recitation, of an extract of reasonable length from a published literary or dramatic work, or from an adaptation of such a work, does not constitute an infringement of the copyright in the work if a sufficient acknowledgement of the work is made.

Performance at Premises Where Persons Reside or Sleep

46. Where a literary, dramatic or musical work, or an adaptation of such a work, is performed in public, by the operation of reception equipment or by the use of a record, at premises where persons reside or sleep, as part of the amenities provided exclusively for residents or inmates of the premises or for those residents or inmates and their guests, the performance does not constitute an infringement of the copyright in the work.

Reproduction for Purpose of Broadcasting

47.-(1) Where the broadcasting by a person of a literary, dramatic or musical work, or of an adaptation of such a work, would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work, but the making by the person of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by the making by the person of such a recording or film solely for the purpose of the broadcasting of the work or adaptation.

(2) The last preceding subsection does not apply in relation to a recording or film if a record embodying the recording or a copy of the film is used for a purpose other than:

(a) the broadcasting of the work or adaptation in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or

(b) the making of further records embodying the recording or further copies of the film for the purpose of the broadcasting of the work or adaptation in such circumstances.

(3) Subsection (1) does not apply in relation to a recording or film where a record embodying the recording or a copy of the film is used for the purpose of the broadcasting of the work or adaptation by a person who is not the maker of the recording or film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to the owner such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the recording or film.

(4) A person who has given an undertaking referred to in the last preceding subsection is liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.

(5) Subsection (1) of this section does not apply in relation to a recording or film unless, before the expiration of the period of 12 months commencing on the day on which any of the records embodying the recording or any of the copies of the film is first used for broadcasting the work or adaptation in accordance with that subsection, or before the expiration of such further period, if any, as is agreed between the maker of the recording or film and the owner of the copyright in the work, all the records embodying the recording or all the copies of the film are destroyed or are delivered, with the consent of the Director-General of the Australian Archives, to the Australian Archives.

(6) The Director-General of the Australian Archives shall not consent to the delivery to the Australian Archives in accordance with subsection (5) of a record embodying a recording or of a copy of a film unless he or she has certified that the recording or film is of an exceptional documentary character.

(7) In this section:

broadcasting does not include simulcasting.

Reproduction for the Purpose of Simulcasting

47AA.-(1) If the broadcasting of a literary, dramatic or musical work, or of an adaptation of such a work, would not for any reason constitute an infringement of the copyright in the work, but the making of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by the making of such a recording or film solely for the purpose of simulcasting the work or adaptation in digital form.

(2) Subsection (1) does not apply in relation to a recording or film if a record embodying the recording or a copy of the film is used for a purpose other than:

(a) the simulcasting of the work or adaptation in circumstances that do not for any reason constitute an infringement of the copyright in the work; or

(b) the making of further records embodying the recording or further copies of the film for the purpose of simulcasting the work or adaptation in such circumstances.

(3) Subsection (1) does not apply in relation to a recording or film unless all records embodying the recording, or all copies of the film, made under that subsection are destroyed on or before the relevant date specified in the regulations.

(4) For the purposes of subsection (3), the regulations may specify different dates in relation to different classes of sound recordings or cinematograph films.

Sound Broadcasts by Holders of Print Disability Radio Licences

47A.-(1) The making of a sound broadcast of, or of an adaptation of, a published literary or dramatic work does not constitute an infringement of copyright in the work if:

(a) the broadcast is made by a person being the holder of a print disability radio licence and is made under the licence; and

(b) there is made by or on behalf of the person, as soon as practicable after the making of the broadcast, a record of the making of the broadcast that:

(i) sets out the time and date of the making of the broadcast;

(ii) identifies the work; and

(iii) contains particulars of such other matters in relation to the work or in relation to the broadcast as are prescribed.

(2) For the purposes of paragraph (1) (b), a record of the making of a broadcast:

(a) may be made in writing or in any other manner prescribed by the regulations; and

(b) if it is made in writing, shall be in accordance with the form prescribed by the regulations.

(3) Where, at any time before the expiration of the prescribed retention period after the making by a person of a sound broadcast of a literary or dramatic work in reliance on subsection (1), a record made for the purposes of paragraph (1) (b) in relation to the making of the sound broadcast is not retained by the person, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

(3A) Subsection (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(4) It is a defence to a prosecution of a person under subsection (3) in relation to the retention of a record if the person satisfies the court that he or she took all reasonable precautions, and exercised due diligence, to ensure the retention of the record.

(5) A person is not liable to be convicted twice of an offence against subsection (3) in relation to the retention of the same record.

(6) The owner of the copyright in a literary or dramatic work, or the agent of such an owner, may notify in writing a person who holds or held a print disability radio licence that the owner or agent wishes to inspect:

(a) all the records of the person made by or on behalf of the person for the purposes of paragraph (1) (b); or

(b) such of those records as relate to the works of a specified author;

on a day specified in the notice, being a day (other than a Saturday, Sunday or public holiday) not less than 7 days after the day on which the notice is given.

(7) Where a person who receives a notice under subsection (6) does not allow the owner or agent to inspect the records to which the notice relates during business hours on the day specified in the notice, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

(7A) Subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(7B) Subsection (7) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (7B) (see subsection 13.3(3) of the Criminal Code).

(8) Where:

(a) a sound broadcast of, or of an adaptation of, a literary or dramatic work is made by a person (in this subsection referred to as the licence holder) being the holder of a print disability radio licence;

(b) by virtue of subsection (1), the making of the sound broadcast does not infringe copyright in the work; and

(c) the owner of the copyright in the work makes a request in writing at any time during the prescribed retention period after the making of the sound broadcast for payment for the making of the sound broadcast;

the licence holder shall pay to the owner of the copyright such an amount by way of equitable remuneration for the making of the sound broadcast as is agreed upon between the owner of the copyright and the licence holder or, in default of agreement, as is determined by the Copyright Tribunal on the application of either the owner of the copyright or the licence holder.

(9) Where the Copyright Tribunal has under subsection (8) determined the amount of equitable remuneration payable by a person to the owner of the copyright in a work, the owner of the copyright may recover that amount from the person in a court of competent jurisdiction as a debt due to the owner of the copyright.

(10) Nothing in this section affects the right of the owner of the copyright in a literary or dramatic work to grant a licence authorising a person being the holder of a print disability radio licence to make sound broadcasts of, or of adaptations of, the work without infringement of that copyright.

(11) In this section:

(a) prescribed retention period means the period prescribed by the regulations for the purposes of this paragraph; and

(b) print disability radio licence means a licence in force under the Broadcasting Services Act 1992 or the Radiocommunications Act 1992, being a licence that was granted for the purpose of authorising the making of sound broadcasts to persons who by reason of old age, disability or literacy problems are unable to handle books or newspapers or to read or comprehend written material.

Division 4A
Acts not Constituting Infringements of Copyright in Computer Programs
Meaning of Computer Program

47AB. In this Division:

computer program includes any literary work that is:

(a) incorporated in, or associated with, a computer program; and

(b) essential to the effective operation of a function of that computer program.

Reproduction for Normal Use or Study of Computer Programs

47B.-(1) Subject to subsection (2), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:

(a) the reproduction is incidentally and automatically made as part of the technical process of running a copy of the program for the purposes for which the program was designed; and

(b) the running of the copy is done by, or on behalf of, the owner or licensee of the copy.

(2) Subsection (1) does not apply to the making of a reproduction of a computer program:

(a) from an infringing copy of the computer program; or

(b) contrary to an express direction or licence given by, or on behalf of, the owner of the copyright in the computer program to the owner or licensee of the copy from which the reproduction is made when the owner or licensee of that copy acquired it.

(3) Subject to subsection (4), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:

(a) the reproduction is incidentally and automatically made as part of the technical process of running a copy of the program for the purpose of studying the ideas behind the program and the way in which it functions; and

(b) the running of the copy is done by, or on behalf of, the owner or licensee of the copy.

(4) Subsection (3) does not apply to the making of a reproduction of a computer program from an infringing copy of the computer program.

(5) In this section:

reproduction, in relation to a computer program, does not include a version of the program of the kind referred to in paragraph 21(5) (b).

Back-up Copy of Computer Programs

47C.-(1) Subject to subsection (4), the copyright in a literary work that is a computer program is not infringed by the making of a reproduction of the work if:

(a) the reproduction is made by, or on behalf of, the owner or licensee of the copy (the original copy) from which the reproduction is made; and

(b) the reproduction is made for use only by, or on behalf of, the owner or licensee of the original copy; and

(c) the reproduction is made for any of the following purposes:

(i) to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy and to store the original copy;

(ii) to enable the owner or licensee of the original copy to store the reproduction for use in lieu of the original copy if the original copy is lost, destroyed or rendered unusable;

(iii) to enable the owner or licensee of the original copy to use the reproduction in lieu of the original copy, or of another reproduction made under this subsection, if the original copy, or the other reproduction, is lost, destroyed or rendered unusable.

(2) Subject to subsection (4), the copyright in a literary work that is a computer program, and in any work or other subject-matter held together with the program on the same computer system, is not infringed by the making of a reproduction of the program, or of such a work or other subject-matter if:

(a) the reproduction is made by, or on behalf of, the owner or licensee of the copy (the original copy) from which the reproduction is made; and

(b) the making of the reproduction is part of the normal back-up copying of data for security purposes.

(3) Subsection (1) applies in relation to a reproduction of a work made for a purpose referred to in subparagraph (1) (c) (iii) whether or not other reproductions of the work have previously been made for the same purpose from the same copy.

(4) Subsections (1) and (2) do not apply to the making of a reproduction of a computer program:

(a) from an infringing copy of the computer program; or

(b) if the owner of the copyright in the computer program has so designed the program that copies of it cannot be made without modifying the program; or

(c) if a licence to use the original copy, given by, or on behalf of, the owner of the copyright in the computer program to the owner of the original copy when the owner of that copy acquired it, has expired or been terminated.

(5) For the purposes of this section, a reference to a copy of a computer program is a reference to any article in which the computer program is reproduced in a material form.

(6) In this section:

reproduction, in relation to a computer program, does not include a version of the program of the kind referred to in paragraph 21(5) (b).

Reproducing Computer Programs to Make Interoperable Products

47D.-(1) Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making of a reproduction or adaptation of the work if:

(a) the reproduction or adaptation is made by, or on behalf of, the owner or licensee of the copy of the program (the original program) used for making the reproduction or adaptation; and

(b) the reproduction or adaptation is made for the purpose of obtaining information necessary to enable the owner or licensee, or a person acting on behalf of the owner or licensee, to make independently another program (the new program), or an article, to connect to and be used together with, or otherwise to interoperate with, the original program or any other program; and

(c) the reproduction or adaptation is made only to the extent reasonably necessary to obtain the information referred to in paragraph (b); and

(d) to the extent that the new program reproduces or adapts the original program, it does so only to the extent necessary to enable the new program to connect to and be used together with, or otherwise to interoperate with, the original program or the other program; and

(e) the information referred to in paragraph (b) is not readily available to the owner or licensee from another source when the reproduction or adaptation is made.

(2) Subsection (1) does not apply to the making of a reproduction or adaptation of a computer program from an infringing copy of the computer program.

Reproducing Computer Programs to Correct Errors

47E.-(1) Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making, on or after 23 February 1999, of a reproduction or adaptation of the work if:

(a) the reproduction or adaptation is made by, or on behalf of, the owner or licensee of the copy of the program (the original copy) used for making the reproduction or adaptation; and

(b) the reproduction or adaptation is made for the purpose of correcting an error in the original copy that prevents it from operating (including in conjunction with other programs or with hardware):

(i) as intended by its author; or

(ii) in accordance with any specifications or other documentation supplied with the original copy; and

(c) the reproduction or adaptation is made only to the extent reasonably necessary to correct the error referred to in paragraph (b); and

(d) when the reproduction or adaptation is made, another copy of the program that does operate as mentioned in paragraph (b) is not available to the owner or licensee within a reasonable time at an ordinary commercial price.

(2) Subsection (1) does not apply to the making of a reproduction or adaptation of a computer program from an infringing copy of the computer program.

Reproducing Computer Programs for Security Testing

47F.-(1) Subject to this Division, the copyright in a literary work that is a computer program is not infringed by the making of a reproduction or adaptation of the work if:

(a) the reproduction or adaptation is made by, or on behalf of, the owner or licensee of the copy of the program (the original copy) used for making the reproduction or adaptation; and

(b) the reproduction or adaptation is made for the purpose of:

(i) testing in good faith the security of the original copy, or of a computer system or network of which the original copy is a part; or

(ii) investigating, or correcting, in good faith a security flaw in, or the vulnerability to unauthorised access of, the original copy, or of a computer system or network of which the original copy is a part; and

(c) the reproduction or adaptation is made only to the extent reasonably necessary to achieve a purpose referred to in paragraph (b); and

(d) the information resulting from the making of the reproduction or adaptation is not readily available to the owner or licensee from another source when the reproduction or adaptation is made.

(2) Subsection (1) does not apply to the making of a reproduction or adaptation of a computer program from an infringing copy of the computer program.

Unauthorised Use of Copies or Information

47G.-(1) If:

(a) a reproduction or adaptation of a literary work that is a computer program is made under a prescribed provision; and

(b) the reproduction or adaptation, or any information derived from it, is, without the consent of the owner of the copyright in the computer program, used, or sold or otherwise supplied to a person, for a purpose other than a purpose specified in the prescribed provision;

the prescribed provision does not apply, and is taken never to have applied, to the making of the reproduction or adaptation.

(2) For the purposes of this section, sections 47B, 47C, 47D, 47E and 47F are prescribed provisions.

Agreements Excluding Operation of Certain Provisions

47H. An agreement, or a provision of an agreement, that excludes or limits, or has the effect of excluding or limiting, the operation of subsection 47B(3), or section 47C, 47D, 47E or 47F, has no effect.

Division 5
Copying of Works in Libraries of Archives
Interpretation

48. In this Division, a reference to an article contained in a periodical publication shall be read as a reference to anything (other than an artistic work) appearing in such a publication.

Copying by Parliamentary Libraries for Members of Parliament

48A. The copyright in a work is not infringed by anything done, for the sole purpose of assisting a person who is a member of a Parliament in the performance of the person's duties as such a member, by an authorized officer of a library, being a library the principal purpose of which is to provide library services for members of that Parliament.

Reproducing and Communicating Works by Libraries and
Archives for Users

49.-(1) A person may furnish to the officer in charge of a library or archives:

(a) a request in writing to be supplied with a reproduction of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library or archives; and

(b) a declaration signed by him or her stating:

(i) that he or she requires the reproduction for the purpose of research or study and will not use it for any other purpose; and

(ii) that he or she has not previously been supplied with a reproduction of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives.

(2) Subject to this section, where a request and declaration referred to in subsection (1) are furnished to the officer in charge of a library or archives, an authorized officer of the library or archives may, unless the declaration contains a statement that to his or her knowledge is untrue in a material particular, make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the person who made the request.

(2A) A person may make to an authorized officer of a library or archives:

(a) a request to be supplied with a reproduction of an article, or part of an article, contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library or archives; and

(b) a declaration to the effect that:

(i) the person requires the reproduction for the purpose of research or study and will not use it for any other purpose;

(ii) the person has not previously been supplied with a reproduction of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives; and

(iii) by reason of the remoteness of the person's location, the person cannot conveniently furnish to the officer in charge of the library or archives a request and declaration referred to in subsection (1) in relation to the reproduction soon enough to enable the reproduction to be supplied to the person before the time by which the person requires it.

(2B) A request or declaration referred to in subsection (2A) is not required to be made in writing.

(2C) Subject to this section, where:

(a) a request and declaration referred to in subsection (2A) are made by a person to an authorized officer of a library or archives; and

(b) the authorized officer makes a declaration setting out particulars of the request and declaration made by the person and stating that:

(i) the declaration made by the person, so far as it relates to the matters specified in subparagraphs (2A) (b) (i) and (ii), does not contain a statement that, to the knowledge of the authorized officer, is untrue in a material particular; and

(ii) the authorized officer is satisfied that the declaration made by the person is true so far as it relates to the matter specified in subparagraph (2A) (b) (iii);

an authorized officer of the library or archives may make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the person.

(3) Where a charge is made for making and supplying a reproduction to which a request under subsection (1) or (2A) relates, subsection (2) or (2C), as the case may be, does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the reproduction.

(4) Subsection (2) or (2C) does not apply in relation to a request for a reproduction of, or parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject matter.

(5) Subsection (2) or (2C) does not apply to a request for a reproduction of the whole of a work (other than an article contained in a periodical publication), or to a reproduction of a part of such a work that contains more than a reasonable portion of the work unless:

(a) the work forms part of the library or archives collection; and

(b) before the reproduction is made, an authorized officer has, after reasonable investigation, made a declaration stating that he or she is satisfied that a reproduction (not being a second-hand reproduction) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

(5A) If an article contained in a periodical publication, or a published work (other than an article contained in a periodical publication) is acquired, in electronic form, as part of a library or archives collection, the officer in charge of the library or archives may make it available online within the premises of the library or archives in such a manner that users cannot, by using any equipment supplied by the library or archives:

(a) make an electronic reproduction of the article or work; or

(b) communicate the article or work.

(6) The copyright in an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1) or (2A), of a reproduction of the article, or of a part of the article, in accordance with subsection (2) or (2C), as the case may be, unless the reproduction is supplied to a person other than the person who made the request.

(7) The copyright in a published work other than an article contained in a periodical publication is not infringed by the making, in relation to a request under subsection (1) or (2A), of a reproduction of the work, or of a part of the work, in accordance with subsection (2) or (2C), as the case may be, unless the reproduction is supplied to a person other than the person who made the request.

(7A) Subsections (6) and (7) do not apply to the making under subsection (2) or (2C) of an electronic reproduction of:

(a) an article, or a part of an article, contained in a periodical publication; or

(b) the whole or part of a published work, other than such an article;

in relation to a request under this section for communication to the person who made the request unless:

(c) before or when the reproduction is communicated to the person, the person is notified in accordance with the regulations:

(i) that the reproduction has been made under this section and that the article or work might be subject to copyright protection under this Act; and

(ii) about such other matters (if any) as are prescribed; and

(d) as soon as practicable after the reproduction is communicated to the person, the reproduction made under subsection (2) or (2C) and held by the library or archives is destroyed.

(7B) It is not an infringement of copyright in an article contained in a periodical publication, or of copyright in a published work, to communicate it in accordance with subsection (2), (2C) or (5A).

(8) The regulations may exclude the application of subsection (6) or (7) in such cases as are specified in the regulations.

(9) In this section:

library does not include a library that is conducted for the profit, direct or indirect, of an individual or individuals.

supply includes supply by way of a communication.

Reproducing and Communicating Works by Libraries or
Archives for Other Libraries or Archives

50.-(1) The officer in charge of a library may request, or cause another person to request, the officer in charge of another library to supply the officer in charge of the first-mentioned library with a reproduction of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library:

(a) for the purpose of including the reproduction in the collection of the first-mentioned library;

(aa) in a case where the principal purpose of the first-mentioned library is to provide library services for members of a Parliament-for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties as such a member; or

(b) for the purpose of supplying the reproduction to a person who has made a request for the reproduction under section 49.

(2) Subject to this section, where a request is made by or on behalf of the officer in charge of a library to the officer in charge of another library under subsection (1), an authorized officer of the last-mentioned library may make, or cause to be made, the reproduction to which the request relates and supply the reproduction to the officer in charge of the first-mentioned library.

(3) Where, under subsection (2), an authorized officer of a library makes, or causes to be made, a reproduction of the whole or part of a work (including an article contained in a periodical publication) and supplies it to the officer in charge of another library in accordance with a request made under subsection (1):

(a) the reproduction shall, for all purposes of this Act, be deemed to have been made on behalf of an authorized officer of the other library for the purpose for which the reproduction was requested; and

(b) an action shall not be brought against the body administering that first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that reproduction.

(4) Subject to this section, if a reproduction of the whole or a part of an article contained in a periodical publication, or of any other published work, is, by virtue of subsection (3), taken to have been made on behalf of an authorised officer of a library, the copyright in the article or other work is not infringed:

(a) by the making of the reproduction; or

(b) if the work is supplied under subsection (2) by way of a communication-by the making of the communication.

(5) The regulations may exclude the application of subsection (4) in such cases as are specified in the regulations.

(6) Where a charge is made for making and supplying a reproduction to which a request under subsection (1) relates, subsection (4) does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the reproduction.

(7) Where:

(a) a reproduction (in this subsection referred to as the relevant reproduction) of, or of a part of, an article, or of the whole or a part of another work, is supplied under subsection (2) to the officer in charge of a library; and

(b) a reproduction of the same article or other work, or of the same part of the article or other work, as the case may be, has previously been supplied under subsection (2) for the purpose of inclusion in the collection of the library;

subsection (4) does not apply to or in relation to the relevant reproduction unless, as soon as practicable after the request under subsection (1) relating to the relevant reproduction is made, an authorized officer of the library makes a declaration:

(c) setting out particulars of the request (including the purpose for which the relevant reproduction was requested); and

(d) stating that the reproduction referred to in paragraph (b) has been lost, destroyed or damaged, as the case requires.

(7A) If:

(a) a reproduction is made of the whole of a work (other than an article contained in a periodical publication) or of a part of such a work, being a part that contains more than a reasonable portion of the work; and

(b) the work from which the reproduction is made is in hardcopy form; and

(c) the reproduction is supplied under subsection (2) to the officer in charge of a library;

subsection (4) does not apply in relation to the reproduction unless:

(d) in a case where the principal purpose of the library is to provide library services for members of a Parliament-the reproduction is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties as such a member; or

(e) as soon as practicable after the request under subsection (1) relating to the reproduction is made, an authorized officer of the library makes a declaration:

(i) setting out particulars of the request (including the purpose for which the reproduction was requested); and

(ii) stating that, after reasonable investigation, the authorized officer is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

(7B) If:

(a) a reproduction is made of the whole of a work (including an article contained in a periodical publication) or of a part of such a work, whether or not the part contains more than a reasonable portion of the work; and

(b) the work from which the reproduction is made is in electronic form; and

(c) the reproduction is supplied under subsection (2) to the officer in charge of a library;

subsection (4) does not apply in relation to the reproduction unless:

(d) in a case where the principal purpose of the library is to provide library services for members of a Parliament-the reproduction is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person's duties as such a member; or

(e) as soon as practicable after the request under subsection (1) relating to the reproduction is made, an authorized officer of the library makes a declaration:

(i) setting out particulars of the request (including the purpose for which the reproduction was requested); and

(ii) if the reproduction is of the whole, or of more than a reasonable portion, of a work other than an article-stating that, after reasonable investigation, the authorised officer is satisfied that the work cannot be obtained in electronic form within a reasonable time at an ordinary commercial price; and

(iii) if the reproduction is of a reasonable portion, or less than a reasonable portion, of a work other than an article-stating that, after reasonable investigation, the authorised officer is satisfied that the portion cannot be obtained in electronic form, either separately or together with a reasonable amount of other material, within a reasonable time at an ordinary commercial price; and

(iv) if the reproduction is of the whole or of a part of an article-stating that, after reasonable investigation, the authorised officer is satisfied that the article cannot be obtained on its own in electronic form within a reasonable time at an ordinary commercial price.

(7C) If:

(a) a reproduction is made in electronic form by or on behalf of an authorised officer of a library of the whole of a work (including an article contained in a periodical publication) or of a part of such a work; and

(b) the reproduction is supplied under subsection (2) to the officer in charge of another library;

subsection (4) does not apply in relation to the reproduction unless, as soon as practicable after the reproduction is supplied to the other library the reproduction made for the purpose of the supply and held by the first-mentioned library is destroyed.

(8) Subsection (4) does not apply to a reproduction or communication of, or of parts of, 2 or more articles that are contained in the same periodical publication and that have been requested for the same purpose unless the articles relate to the same subject matter.

(9) In this section, a reference to a library shall be read as a reference to a library other than a library that is conducted for the profit, direct or indirect of an individual or individuals, and as including a reference to archives.

(10) In this section:

supply includes supply by way of a communication.

Reproducing and Communicating Unpublished
Works in Libraries or Archives

51.-(1) Where, at a time more than 50 years after the expiration of the calendar year in which the author of a literary, dramatic or musical work, or of an artistic work being a photograph or engraving, died, copyright subsists in the work but:

(a) the work has not been published; and

(b) a reproduction of the work, or, in the case of a literary, dramatic or musical work, the manuscript of the work, is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, open to public inspection;

the copyright in the work is not infringed:

(c) by the making or communication of a reproduction of the work by a person for the purposes of research or study or with a view to publication; or

(d) by the making or communication of a reproduction of the work by, or on behalf of, the officer in charge of the library or archives if the reproduction is supplied (whether by way of communication or otherwise) to a person who satisfies the officer in charge of the library or archives that the person requires the reproduction for the purposes of research or study, or with a view to publication, and that the person will not use it for any other purpose.

(2) If the manuscript, or a reproduction, of an unpublished thesis or other similar literary work is kept in a library of a university or other similar institution, or in an archives, the copyright in the thesis or other work is not infringed by the making or communication of a reproduction of the thesis or other work by or on behalf of the officer in charge of the library or archives if the reproduction is supplied (whether by communication or otherwise) to a person who satisfies an authorized officer of the library or archives that he or she requires the reproduction for the purposes of research or study.

Reproducing and Communicating Works in Australian Archives

51AA.-(1) The copyright in a work that is kept in the collection of the Australian Archives, where it is open to public inspection, is not infringed by the making or communication by, or on behalf of, the officer in charge of the Archives:

(a) of a single working copy of the work;

(b) of a single reference copy of the work for supply to the central office of the Archives;

(c) on the written request for a reference copy of the work by an officer of the Archives in a regional office of the Archives, where the officer in charge is satisfied that a reference copy of the work has not been previously supplied to that regional office-of a single reference copy of the work for supply to that regional office;

(d) where the officer in charge is satisfied that a reference copy of the work supplied to a regional office of the Archives is lost, damaged or destroyed and an officer of the Archives in that regional office makes a written request for a replacement copy of the work-of a single replacement copy of the work for supply to that regional office; or

(e) where the officer in charge is satisfied that a reference copy of the work supplied to the central office of the Archives is lost, damaged or destroyed-of a single replacement copy of the work for supply to that central office.

(2) In this section:

reference copy, in relation to a work, means a reproduction of the work made from a working copy for supply to the central office, or to a regional office, of the Australian Archives for use by that office in providing access to the work to members of the public.

replacement copy, in relation to a work, means a reproduction of the work made from a working copy for the purpose of replacing a reference copy of the work that is lost, damaged or destroyed.

working copy, in relation to a work, means a reproduction of the work made for the purpose of enabling the Australian Archives to retain the copy and use it for making reference copies and replacement copies of the work.

Reproducing and Communicating Works for
Preservation and Other Purposes

51A.-(1) Subject to subsection (4), the copyright in a work that forms, or formed, part of the collection of a library or archives is not infringed by the making or communicating, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work:

(a) if the work is held in manuscript form or is an original artistic work-for the purpose of preserving the manuscript or original artistic work, as the case may be, against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the work is held or at another library or other archives;

(b) if the work is held in the collection in a published form but has been damaged or has deteriorated-for the purpose of replacing the work; or

(c) if the work has been held in the collection in a published form but has been lost or stolen-for the purpose of replacing the work.

(2) The copyright in a work that is held in the collection of a library or archives is not infringed by the making, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work for administrative purposes.

(3) The copyright in a work that is held in the collection of a library or archives is not infringed by the communication, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work made under subsection (2) to officers of the library or archives by making it available online to be accessed through the use of a computer terminal installed within the premises of the library or archives with the approval of the body administering the library or archives.

(3A) The copyright in an original artistic work that is held in the collection of a library or archives is not infringed in the circumstances described in subsection (3B) by the communication, by or on behalf of the officer in charge of the library or archives, of a preservation reproduction of the work by making it available online to be accessed through the use of a computer terminal:

(a) that is installed within the premises of the library or archives; and

(b) that cannot be used by a person accessing the work to make an electronic copy or a hardcopy of the reproduction, or to communicate the reproduction.

(3B) The circumstances in which the copyright in the original artistic work is not infringed because of subsection (3A) are that either:

(a) the work has been lost, or has deteriorated, since the preservation reproduction of the work was made; or

(b) the work has become so unstable that it cannot be displayed without risk of significant deterioration.

(4) Subsection (1) does not apply in relation to a work held in published form in the collection of a library or archives unless an authorized officer of the library or archives has, after reasonable investigation, made a declaration stating that he or she is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

(5) Where a reproduction of an unpublished work is made under subsection (1) by or on behalf of the officer in charge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply or communication of the reproduction by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute the publication of the work.

(6) In this section:

preservation reproduction, in relation to an artistic work, means a reproduction of the work made under subsection (1) for the purpose of preserving the work against loss or deterioration.

Publication of Unpublished Works Kept in Libraries or Archives

52.-(1) Where:

(a) a published literary, dramatic or musical work (in this section referred to as the new work) incorporates the whole or a part of a work (in this section referred to as the old work) to which subsection 51(1) applied immediately before the new work was published;

(b) before the new work was published, the prescribed notice of the intended publication of the work had been given; and

(c) immediately before the new work was published, the identity of the owner of the copyright in the old work was not known to the publishers of the new work;

then, for the purposes of this Act, the first publication of the new work, and any subsequent publication of the new work whether in the same or in an altered form, shall, in so far as it constitutes a publication of the old work, be deemed not to be an infringement of the copyright in the old work or an unauthorized publication of the old work.

(2) The last preceding subsection does not apply to a subsequent publication of the new work incorporating a part of the old work that was not included in the first publication of the new work unless:

(a) subsection 51(1) would, but for this section, have applied to that part of the old work immediately before that subsequent publication;

(b) before that subsequent publication, the prescribed notice of the intended publication had been given; and

(c) immediately before that subsequent publication, the identity of the owner of the copyright in the old work was not known to the publisher of that subsequent publication.

(3) If a work, or part of a work, has been published and, because of this section, the publication is taken not to be an infringement of the copyright in the work, the copyright in the work is not infringed by a person who, after the publication took place:

(a) broadcasts the work, or that part of the work; or

(b) electronically transmits the work, or that part of the work (other than in a broadcast) for a fee payable to the person who made the transmission; or

(c) performs the work, or that part of the work, in public; or

(d) makes a record of the work, or that part of the work.

Application of Division to Illustrations Accompanying
Articles and Other Works

53. Where an article, thesis or literary, dramatic or musical work is accompanied by artistic works provided for the purpose of explaining or illustrating the article, thesis or other work (in this section referred to as the illustrations), the preceding sections of this Division apply as if:

(a) where any of those sections provides that the copyright in the article, thesis or work is not infringed-the reference to that copyright included a reference to any copyright in the illustrations;

(b) a reference in section 49, section 50, section 51 or 51A to a copy of the article, thesis or work included a reference to a copy of the article, thesis or work together with a copy of the illustrations;

(c) a reference in section 49 or section 50 to a copy of a part of the article or work included a reference to a copy of that part of the article or work together with a copy of the illustrations that were provided for the purpose of explaining or illustrating that part; and

(d) a reference in section 51A or section 52 to the doing of any act in relation to the work included a reference to the doing of that act in relation to the work together with the illustrations.

Division 6
Recording of Musical Works
Interpretation

54.-(1) For the purposes of this Division:

(a) a reference to a musical work shall be read as a reference to the work in its original form or to an adaptation of the work;

(b) a reference to the owner of the copyright in a literary, dramatic or musical work shall, unless the contrary intention appears, be read as a reference to the person who is entitled to authorize the making in, and the importation into, Australia of records of the work; and

(c) a reference to sale of a record by retail or to retail sale of a record shall be read as not including a reference to:

(i) sale for a consideration not consisting wholly of money; or

(ii) sale by a person not ordinarily carrying on the business of making or selling records.

(2) For the purposes of this Division, where a musical work is comprised partly in one record and partly in another record or other records, all the records shall be treated as if they constituted a single record.

(3) A reference in this Division to a record of a musical work does not include a reference to a sound-track associated with visual images forming part of a cinematograph film.

(4) Subject to subsection (5), this Division applies to a record of a part of a musical work as it applies to a record of the whole work.

(5) Section 55:

(a) does not apply to a record of a whole work unless the previous record referred to in paragraph 55(1) (a) was a record of the whole work; and

(b) does not apply to a record of a part of a work unless that previous record was a record of that part of the work.

Conditions upon which Manufacturer May
Make Records of Musical Work

55.-(1) Subject to this Division, the copyright in a musical work is not infringed by a person (in this section referred to as the manufacturer) who makes, in Australia, a record of the work if:

(a) a record of the work:

(i) has previously been made in, or imported into, Australia for the purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the work;

(ii) has previously been made in Australia for use in making other records for the purpose of retail sale and was so made by, or with the licence of, the owner of the copyright in the work;

(iii) has previously been made in, or imported into, a country other than Australia for the purpose of retail sale, being a country that, at the time of the previous making or importation, was specified in the regulations to be a country in relation to which this Division applies, and was so made or imported by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the work; or

(iv) has previously been made in a country other than Australia for use in making other records for the purpose of retail sale, being a country that, at the time of the previous making, was specified in the regulations to be a country in relation to which this Division applies, and was so made by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the work;

(b) before the making of the record, the prescribed notice of the intended making of the record was given to the owner of the copyright;

(c) the manufacturer intends to sell the record by retail, or to supply it for the purpose of its being sold by retail by a person other than the manufacturer, or intends to use it for making other records that are to be so sold or supplied; and

(d) where the record is so sold or supplied by the manufacturer:

(i) the sale or supply is made with the licence of the owner of the copyright; and

(ii) the prescribed royalty is paid to the owner of the copyright:

(a) in the manner agreed between the manufacturer and the owner of the copyright or, failing such agreement, determined by the Copyright Tribunal under section 152B; or

(b) if no such agreement or determination is in force-in the manner prescribed by the regulations.

(3) Subparagraph (1) (d) (i) does not apply in relation to a record of a work (other than a work that was made for the purpose of being performed, or has been performed, in association with a dramatic work or has been included in a cinematograph film) if the sale or supply is made after the expiration of the prescribed period after the earliest of the following dates:

(a) the date of the first making in, or the date of the first importation into, Australia of a previous record of the work in circumstances referred to in subparagraph (1) (a) (i) or (ii);

(b) the date of the first supplying (whether by sale or otherwise) to the public in a country referred to in subparagraph (1) (a) (iii) or (iv) of a previous record of the work made in, or imported into, that country in circumstances referred to in that subparagraph.

(4) Regulations prescribing a period for the purposes of the last preceding subsection may prescribe different periods in relation to different classes of records.

(5) If, apart from this subsection, the amount of royalty payable in respect of a record under this section would be less than one cent, that amount of royalty is one cent.

(6) In this section:

prescribed royalty, in relation to a record of a musical work, means:

(a) such amount of royalty as is agreed between the manufacturer and the owner of the copyright in the work or, failing such agreement, as is determined by the Copyright Tribunal under section 152A; or

(b) if no such agreement or determination is in force-an amount equal to 6.25% of the retail selling price of the record.

Provisions Relating to Royalty Where 2 or
more Works Are on the One Record

57. Where a record comprises 2 or more musical works, whether or not there is any other matter comprised in the record:

(a) if the record includes a work in which copyright does not subsist or works in which copyrights do not subsist the royalty payable in respect of the record is, subject to the next succeeding paragraph, the amount that bears to the amount that, but for this section, would be the amount of the royalty the same proportion as the number of works in the record in which copyrights subsist bears to the total number of works in the record; and

(b) if the record includes 2 or more works in which copyrights subsist:

(i) subject to this Division, the royalty payable in respect of the record shall not be less than One cent in respect of each work in the record in which copyright subsists; and

(ii) if the owners of the copyrights in the works in the record in which copyrights subsist are different persons there shall be paid to the owner of the copyright in each work, in respect of that work, an amount ascertained by dividing the amount of the royalty payable in respect of the record by the number of works in the record in which copyrights subsist.

Conditions upon which Manufacturer May Include Part
of a Literary or Dramatic Work in a Record of a Musical Work

59.-(1) Where:

(a) a person makes in Australia a record comprising the performance of a musical work in which words are sung, or are spoken incidentally to or in association with the music, whether or not there is any other matter comprised in the record;

(b) copyright does not subsist in that work or, if copyright so subsists, the requirements specified in subsection 55(1) are complied with in relation to that copyright;

(c) the words consist or form part of a literary or dramatic work in which copyright subsists;

(d) a record of the musical work in which those words, or words substantially the same as those words, were sung, or were spoken incidentally to or in association with the music:

(i) has previously been made in, or imported into, Australia for the purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the literary or dramatic work;

(ii) has previously been made in Australia for use in making other records for the purpose of retail sale and was so made by, or with the licence of, the owner of the copyright in the literary or dramatic work;

(iii) has previously been made in, or imported into, a country other than Australia for the purpose of retail sale, being a country that, at the time of the previous making or importation, was specified in the regulations to be a country in relation to which this Division applies, and was so made or imported by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the literary or dramatic work; or

(iv) has previously been made in a country other than Australia for use in making other records for the purpose of retail sale, being a country that, at the time of the previous making, was specified in the regulations to be a country in relation to which this Division applies, and was so made by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the literary or dramatic work; and

(e) the like notice was given to the owner of the copyright in the literary or dramatic work as is required by paragraph 55(1) (b) to be given to the owner of the copyright (if any) in the musical work and there is paid to the owner of the copyright in the literary or dramatic work such amount (if any) as is ascertained in accordance with this section;

the making of the record does not constitute an infringement of the copyright in the literary or dramatic work.

(2) Where copyright does not subsist in the musical work, the amount to be paid in respect of the literary or dramatic work is an amount equal to the royalty that, but for this section, would have been payable in respect of the musical work if copyright had subsisted in the musical work.

(3) Where copyright subsists in the musical work as well as in the literary or dramatic work:

(a) if the copyrights in those works are owned by the same person-an amount is not payable in respect of the literary or dramatic work; or

(b) if the copyrights in those works are owned by different persons-the royalty that, but for this section, would have been payable in respect of the musical work shall be apportioned between them in such manner as they agree, or, in default of the agreement, as is determined by the Copyright Tribunal on the application of either of them.

(4) Where the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work do not agree on the manner in which an amount is to be apportioned between them but the person who made the record gives an undertaking in writing to each owner to pay to him or her the portion of that amount that the Tribunal determines to be payable to him or her, then:

(a) paragraph 55(1) (d) and paragraph (1) (e) of this section have effect as if the payments referred to in those paragraphs had been made; and

(b) the person who made the record is liable, when the amount to which an undertaking relates is determined, to pay that amount to the owner of the copyright to whom the undertaking was given and the owner may recover that amount in a court of competent jurisdiction from that person as a debt due to the owner.

(5) Regulations made for the purposes of paragraph 55(1) (d) in relation to payments to the owner of the copyright in a musical work have the like effect, with any necessary modifications, for the purposes of paragraph (1) (e) of this section in relation to payments to the owner of the copyright in a literary or dramatic work.

Records Made Partly for Retail Sale and Partly for Gratuitous Disposal

60. Where a person makes, in Australia, a number of records embodying the same sound recording, being a recording of a musical work or of a musical work and of words consisting or forming part of a literary or dramatic work, with the intention of:

(a) selling by retail, or supplying for sale by retail by another person, a substantial proportion of the records (in this section referred to as the records made for retail sale); and

(b) disposing gratuitously of the remainder of the records or supplying the remainder of the records for gratuitous disposal by another person;

this Division applies in relation to the records other than the records made for retail sale as if:

(c) those records had been made with the intention of selling them by retail or of supplying them for sale by retail by another person;

(d) the gratuitous disposal of those records by the maker of the records, or the supplying of those records by the maker of the records for gratuitous disposal by another person, were a sale of the records by retail; and

(e) the retail selling price of those records were the same as the retail selling price of the records made for retail sale.

Making Inquiries in Relation to Previous Records

61. Where:

(a) a person makes inquiries, as prescribed, for the purpose of ascertaining whether a record of a musical work, or a record of a musical work in which words consisting or forming part of a literary or dramatic work were sung or spoken, has previously been made in, or imported into, Australia by, or with the licence of, the owner of the copyright in the musical work or in the literary or dramatic work, as the case may be, for the purpose of retail sale or for use in making other records for the purpose of retail sale; and

(b) an answer to those inquiries is not received within the prescribed period;

a record of that musical work, or a record of that work in which those words were sung or spoken, as the case may be, shall, for the purposes of the application of this Division:

(c) in relation to the person who made the inquiries; or

(d) in relation to a person who makes records of the musical work, or records of that work in which those words or substantially the same words are sung or spoken, for the purpose of supplying those records to the person who made the inquiries in pursuance of an agreement entered into between those persons for the making of the records;

be taken to have been previously made in, or imported into, Australia with the licence of the owner of that copyright for the purpose of retail sale or for use in making other records for the purpose of retail sale, as the case may be.

Sections 55 and 59 to Be Disregarded in Determining Whether
an Infringement Has Been Committed by the Importation of Records

64. For the purpose of any provision of this Act relating to imported articles, in determining whether the making of a record made outside Australia would have constituted an infringement of copyright if the record had been made in Australia by the importer, sections 55 and 59 shall be disregarded.

Division 7
Acts not Constituting Infringements of Copyright in Artistic Works
Sculptures and Certain Other Works in Public Places

65.-(1) This section applies to sculptures and to works of artistic craftsmanship of the kind referred to in paragraph (c) of the definition of artistic work in section 10.

(2) The copyright in a work to which this section applies that is situated, otherwise than temporarily, in a public place, or in premises open to the public, is not infringed by the making of a painting, drawing, engraving or photograph of the work or by the inclusion of the work in a cinematograph film or in a television broadcast.

Buildings and Models of Buildings

66. The copyright in a building or a model of a building is not infringed by the making of a painting, drawing, engraving or photograph of the building or model or by the inclusion of the building or model in a cinematograph film or in a television broadcast.

Incidental Filming or Televising of Artistic Works

67. Without prejudice to the last two preceding sections, the copyright in an artistic work is not infringed by the inclusion of the work in a cinematograph film or in a television broadcast if its inclusion in the film or broadcast is only incidental to the principal matters represented in the film or broadcast.

Publication of Artistic Works

68. The copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film if, by virtue of section 65, section 66 or section 67, the making of that painting, drawing, engraving, photograph or film did not constitute an infringement of the copyright.

Reproduction for Purpose of Including Work in Television Broadcast

70.-(1) Where the inclusion of an artistic work in a television broadcast made by a person would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of copyright in the work but the making by the person of a cinematograph film of the work would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed by the making by the person of such a film solely for the purpose of the inclusion of the work in a television broadcast.

(2) The last preceding subsection does not apply in relation to a film if a copy of the film is used for a purpose other than:

(a) the inclusion of the work in a television broadcast in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the work; or

(b) the making of further copies of the film for the purpose of the inclusion of the work in such a broadcast.

(3) Subsection (1) does not apply in relation to a film where a copy of the film is used for the purpose of the inclusion of the work in a television broadcast made by a person who is not the maker of the film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to the owner such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the film.

(4) A person who has given an undertaking referred to in the last preceding subsection is liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.

(5) Subsection (1) does not apply in relation to a film unless, before the expiration of the period of 12 months commencing on the day on which any of the copies of the film is first used for including the work in a television broadcast in accordance with that subsection, or before the expiration of such further period, if any, as is agreed between the maker of the film and the owner of the copyright in the work, all the copies of the film are destroyed or are delivered, with the consent of the Director-General of the Australian Archives, to the Australian Archives.

(6) The Director-General of the Australian Archives shall not consent to the delivery to the Australian Archives in accordance with subsection (5) of a copy of a film unless he or she has certified that the film is of an exceptional documentary character.

Reproduction of Part of Work in Later Work

72.-(1) The copyright in an artistic work is not infringed by the making of a later artistic work by the same author if, in making the later work, the author does not repeat or imitate the main design of the earlier work.

(2) The last preceding subsection has effect notwithstanding that part of the earlier work is reproduced in the later work and that, in reproducing the later work, the author used a mould, cast, sketch, plan, model or study made for the purposes of the earlier work.

Reconstruction of Buildings

73.-(1) Where copyright subsists in a building, the copyright is not infringed by a reconstruction of that building.

(2) Where a building has been constructed in accordance with architectural drawings or plans in which copyright subsists and has been so constructed by, or with the licence of, the owner of that copyright, that copyright is not infringed by a later reconstruction of the building by reference to those drawings or plans.

Division 8
Designs
Corresponding Design

74. In this Division:

corresponding design, in relation to an artistic work, means a design that, when applied to an article, results in a reproduction of that work, but does not include a design consisting solely of features of two-dimensional pattern or ornament applicable to a surface of an article.

Copyright Protection Where Corresponding Design Registered

75. Subject to section 76, where copyright subsists in an artistic work (whether made before the commencement of this section or otherwise) and a corresponding design is or has been registered under the Designs Act 1906 on or after that commencement, it is not an infringement of that copyright to reproduce the work by applying that, or any other, corresponding design to an article.

False Registration of Industrial Designs

76.-(1) This section has effect where:

(a) copyright subsists in an artistic work and proceedings are brought under this Act in relation to that work;

(b) a corresponding design has been registered under the Designs Act 1906-1968 and the monopoly in the design that subsisted by virtue of that registration had not expired by effluxion of time before the commencement of those proceedings; and

(c) it is established in those proceedings that the person registered as the owner of the design was not the owner of the design for the purposes of the Designs Act 1906-1968 and was so registered without the knowledge of the owner of the copyright in the artistic work.

(2) Subject to the next succeeding subsection, for the purposes of the proceedings referred to in the last preceding subsection:

(a) the design shall be deemed never to have been registered under the Designs Act 1906-1968;

(b) the last preceding section does not apply in relation to anything done in respect of the design; and

(c) nothing in the Designs Act 1906-1968 constitutes a defence.

(3) Notwithstanding anything in the last preceding subsection, if in the proceedings it is established that an act to which the proceedings relate:

(a) was done by an assignee of, or under a licence granted by, the person registered as the owner of the design; and

(b) was so done in good faith in reliance upon the registration and without notice of any proceedings for the cancellation of the registration or for rectifying the entry in the Register of Designs in relation to the design;

the last preceding section applies in relation to that act for the purposes of the first-mentioned proceedings.

Application of Artistic Works as Industrial Designs
without Registration of the Designs

77.-(1) This section applies where:

(a) copyright subsists in an artistic work (other than a building or a model of a building, or a work of artistic craftsmanship) whether made before the commencement of this section or otherwise;

(b) a corresponding design is applied industrially, whether in Australia or elsewhere, by or with the licence of the owner of the copyright in the work in the place where the industrial application happens;

(c) at any time on or after the commencement of this section, articles to which the corresponding design has been so applied (in this section called articles made to the corresponding design) are sold, let for hire or offered or exposed for sale or hire, whether in Australia or elsewhere; and

(d) at that time, the corresponding design is not registrable under the Designs Act 1906 or has not been registered under that Act.

(2) It is not an infringement of the copyright in the artistic work to reproduce the work, on or after the day on which articles made to the corresponding design are first so sold, let for hire or offered or exposed for sale or hire, by applying that, or any other, corresponding design to an article.

(3) This section does not apply in relation to any articles in respect of which, at the time when they were sold, let for hire or offered or exposed for sale or hire, the corresponding design concerned was excluded from registration by regulations made under the Designs Act 1906, and, for the purposes of any proceedings under this Act, a design shall be conclusively presumed to have been so excluded if:

(a) before the commencement of the proceedings, an application for the registration of the design under that Act in respect of those articles had been refused;

(b) the reason, or one of the reasons, given for the refusal was that the design was excluded from registration under that Act by regulations made under that Act; and

(c) when the proceedings were commenced, no appeal against the refusal had been allowed or was pending.

(4) The regulations may specify the circumstances in which a design is, for the purposes of this section, to be taken to be applied industrially.

Division 9
Works of Joint Authorship
References to All of Joint Authors

78. Subject to this Division, a reference in this Act to the author of a work shall, unless otherwise expressly provided by this Act, be read, in relation to a work of joint authorship, as a reference to all the authors of the work.

References to Any One or More of Joint Authors

79. The references in section 32, and in subsection 34(2) to the author of a work shall, in relation to a work of joint authorship, be read as references to any one or more of the authors of the work.

References to Whichever of Joint Authors Died Last

80. The references in sections 33 and 51 to the author of a work shall, in relation to a work of joint authorship other than a work to which the next succeeding section applies, be read as references to the author who died last.

Works of Joint Authorship Published Under Pseudonyms

81.-(1) This section applies to a work of joint authorship that was first published under 2 or more names of which one was a pseudonym or 2 or more (but not all) were pseudonyms.

(2) This section also applies to a work of joint authorship that was first published under 2 or more names all of which were pseudonyms if, at any time within 50 years after the expiration of the calendar year in which the work was first published, the identity of one or more (but not all) of the authors was generally known or could be ascertained by reasonable inquiry.

(3) The references in sections 33 and 51 to the author of a work shall, in relation to a work to which this section applies, be read as references to the author whose identity was disclosed or, if the identity of 2 or more of the authors was disclosed, as references to whichever of those authors died last.

(4) For the purposes of this section, the identity of an author shall be deemed to have been disclosed if:

(a) one of the names under which the work was published was the name of that author; or

(b) the identity of that author is generally known or can be ascertained by reasonable inquiry.

Copyright to Subsist in Joint Works Without
Regard to Any Author Who is an Unqualified Person

82.-(1) Subsection 35(2) has effect, in relation to a work of joint authorship of which one of the authors is an unqualified person, or 2 or more (but not all) of the authors are unqualified persons, as if the author or authors, other than unqualified persons, had alone been the author or authors, as the case may be, of the work.

(2) For the purposes of the last preceding subsection, a person is an unqualified person in relation to a work where, if he or she had alone been the author of the work, copyright would not have subsisted in the work by virtue of this Part.

Inclusion of Joint Works in Collections
for Use in Places of Education

83. The reference in subsection 44(2) to other extracts from, or from adaptations of, works by the author of the extract concerned:

(a) shall be read as including a reference to extracts from, or from adaptations of, works by the author of the extract concerned in collaboration with any other person; or

(b) if the extract concerned is from, or from an adaptation of, a work of joint authorship shall be read as including a reference to extracts from, or from adaptations of, works by any one or more of the authors of the extract concerned, or by any one or more of those authors in collaboration with any other person.

PART IV
COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS
Division 1
Preliminary
Interpretation

84. In this Part, qualified person means:

(a) an Australian citizen, an Australian protected person or a person (other than a body corporate) resident in Australia; or

(b) a body corporate incorporated under a law of the Commonwealth or of a State.

Division 2
Nature of Copyright in Subject-Matter Other than Works
Nature of Copyright in Sound Recordings

85.-(1) For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a sound recording, is the exclusive right to do all or any of the following acts:

(a) to make a copy of the sound recording;

(b) to cause the recording to be heard in public;

(c) to communicate the recording to the public;

(d) to enter into a commercial rental arrangement in respect of the recording.

(2) Paragraph (1) (d) does not extend to entry into a commercial rental arrangement in respect of a sound recording if:

(a) the copy of the sound recording was purchased by a person (the record owner) before the commencement of Part 2 of the Copyright (World Trade Organization Amendments) Act 1994; and

(b) the commercial rental arrangement is entered into in the ordinary course of a business conducted by the record owner; and

(c) the record owner was conducting the same business, or another business that consisted of, or included, the making of commercial rental arrangements in respect of copies of sound recordings, when the copy was purchased.

Nature of Copyright in Cinematograph Films

86. For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a cinematograph film, is the exclusive right to do all or any of the following acts:

(a) to make a copy of the film;

(b) to cause the film, in so far as it consists of visual images, to be seen in public, or, in so far as it consists of sounds, to be heard in public;

(c) to communicate the film to the public.

Nature of Copyright in Television Broadcasts
and Sound Broadcasts

87. For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a television broadcast or sound broadcast, is the exclusive right:

(a) in the case of a television broadcast in so far as it consists of visual images-to make a cinematograph film of the broadcast, or a copy of such a film;

(b) in the case of a sound broadcast, or of a television broadcast in so far as it consists of sounds-to make a sound recording of the broadcast, or a copy of such a sound recording; and

(c) in the case of a television broadcast or of a sound broadcast-to re-broadcast it or communicate it to the public otherwise than by broadcasting it.

Nature of Copyright in Published Editions of Works

88. For the purposes of this Act, unless the contrary intention appears, copyright, in relation to a published edition of a literary, dramatic, musical or artistic work or of two or more literary, dramatic, musical or artistic works, is the exclusive right to make a facsimile copy of the edition.

Division 3
Subject-Matter, Other Than Works, in Which Copyright Subsists
Sound Recordings in Which Copyright Subsists

89.-(1) Subject to this Act, copyright subsists in a sound recording of which the maker was a qualified person at the time when the recording was made.

(2) Without prejudice to the last preceding subsection, copyright subsists, subject to this Act, in a sound recording if the recording was made in Australia.

(3) Without prejudice to the last two preceding subsections, copyright subsists, subject to this Act, in a published sound recording if the first publication of the recording took place in Australia.

Cinematograph Films in Which Copyright Subsists

90.-(1) Subject to this Act, copyright subsists in a cinematograph film of which the maker was a qualified person for the whole or a substantial part of the period during which the film was made.

(2) Without prejudice to the last preceding subsection, copyright subsists, subject to this Act, in a cinematograph film if the film was made in Australia.

(3) Without prejudice to the last two preceding subsections, copyright subsists, subject to this Act, in a published cinematograph film if the first publication of the film took place in Australia.

Television Broadcasts and Sound Broadcasts
in Which Copyright Subsists

91. Subject to this Act, copyright subsists in a television broadcast or sound broadcast made from a place in Australia:

(a) under the authority of a licence or a class licence under the Broadcasting Services Act 1992; or

(b) by the Australian Broadcasting Corporation or the Special Broadcasting Service Corporation.

Published Editions of Works in Which Copyright Subsists

92.-(1) Subject to this Act, copyright subsists in a published edition of a literary, dramatic, musical or artistic work, or of 2 or more literary, dramatic, musical or artistic works, where:

(a) the first publication of the edition took place in Australia; or

(b) the publisher of the edition was a qualified person at the date of the first publication of the edition.

(2) The last preceding subsection does not apply to an edition that reproduces a previous edition of the same work or works.

Division 4
Duration of Copyright in Subject-Matter Other Than Works
Duration of Copyright in Sound Recordings

93. Copyright subsisting in a sound recording by virtue of this Part continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the recording is first published.

Duration of Copyright in Cinematograph Films

94.-(1) Copyright subsisting in a cinematograph film by virtue of subsection 90(1) or (2) continues to subsist until the film is published and, after the publication of the film, until the expiration of 50 years after the expiration of the calendar year in which the film was first published.

(2) Copyright subsisting in a cinematograph film by virtue only of subsection 90(3) continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the film was first published.

Duration of Copyright in Television Broadcasts and
Sound Broadcasts

95.-(1) Copyright subsisting in a television broadcast or sound broadcast by virtue of this Part continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the broadcast was made.

(2) In so far as a television broadcast or sound broadcast is a repetition (whether the first or a subsequent repetition) of a previous television broadcast or sound broadcast to which section 91 applies, and is made by broadcasting visual images or sounds embodied in any article or thing:

(a) if it is made before the expiration of the period of 50 years after the expiration of the calendar year in which the previous broadcast was made-any copyright subsisting in it expires at the expiration of that period; and

(b) if it is made after the expiration of that period-copyright does not subsist in it by virtue of this Part.

Duration of Copyright in Published Editions of Works

96. Copyright subsisting in a published edition of a work or works by virtue of this Part continues to subsist until the expiration of 25 years after the expiration of the calendar year in which the edition was first published.

Division 5
Ownership of Copyright in Subject-Matter Other Than Works
Ownership of Copyright in Sound Recordings

97.-(1) This section has effect subject to Parts VII and X.

(2) Subject to the next succeeding subsection, the maker of a sound recording is the owner of any copyright subsisting in the recording by virtue of this Part.

(3) Where:

(a) a person makes, for valuable consideration, an agreement with another person for the making of a sound recording by the other person; and

(b) the recording is made in pursuance of the agreement;

the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the recording by virtue of this Part.

Ownership of Copyright in Cinematograph Films

98.-(1) This section has effect subject to Parts VII and X.

(2) Subject to the next succeeding subsection, the maker of a cinematograph film is the owner of any copyright subsisting in the film by virtue of this Part.

(3) Where:

(a) a person makes, for valuable consideration, an agreement with another person for the making of a cinematograph film by the other person; and

(b) the film is made in pursuance of the agreement;

the first-mentioned person is, in the absence of any agreement to the contrary, the owner of any copyright subsisting in the film by virtue of this Part.

Ownership of Copyright in Television Broadcasts and
Sound Broadcasts

99. Subject to Parts VII and X, the maker of a television broadcast or sound broadcast is the owner of any copyright subsisting in the broadcast.

Ownership of Copyright in Published Editions of Works

100. Subject to Parts VII and X, the publisher of an edition of a work or works is the owner of any copyright subsisting in the edition by virtue of this Part.

Division 6
Infringement of Copyright in Subject-Matter Other Than Works
Interpretation

100A. In this Division, audio-visual item means a sound recording, a cinematograph film, a sound broadcast or a television broadcast.

Infringement by Doing Acts Comprised in Copyright

101.-(1) Subject to this Act, a copyright subsisting by virtue of this Part is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright.

(1A) In determining, for the purposes of subsection (1), whether or not a person has authorised the doing in Australia of any act comprised in a copyright subsisting by virtue of this Part without the licence of the owner of the copyright, the matters that must be taken into account include the following:

(a) the extent (if any) of the person's power to prevent the doing of the act concerned;

(b) the nature of any relationship existing between the person and the person who did the act concerned;

(c) whether the person took any other reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice.

(2) The next two succeeding sections do not affect the generality of the last preceding subsection.

(3) Subsection (1) applies in relation to an act done in relation to a sound recording whether the act is done by directly or indirectly making use of a record embodying the recording.

(4) Subsection (1) applies in relation to an act done in relation to a television broadcast or a sound broadcast whether the act is done by the reception of the broadcast or by making use of any article or thing in which the visual images and sounds comprised in the broadcast have been embodied.

Infringement by Importation for Sale or Hire

102.-(1) Subject to sections 112A, 112C and 112D, a copyright subsisting by virtue of this Part is infringed by a person who, without the licence of the owner of the copyright, imports an article into Australia for the purpose of:

(a) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;

(b) distributing the article:

(i) for the purpose of trade; or

(ii) for any other purpose to an extent that will affect prejudicially the owner of the copyright; or

(c) by way of trade exhibiting the article in public;

if the importer knew, or ought reasonably to have known, that the making of the article would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright.

(2) In relation to an accessory to an article that is or includes a copy of subject-matter in which copyright subsists by virtue of this Part, being a copy that was made without the licence of the owner of the copyright in the country in which the copy was made, subsection (1) has effect as if the words "the importer knew, or ought reasonably to have known, that" were omitted.

Infringement by Sale and Other Dealings

103.-(1) Subject to sections 112A, 112C and 112D, a copyright subsisting by virtue of this Part is infringed by a person who, in Australia, and without the licence of the owner of the copyright:

(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire, an article; or

(b) by way of trade exhibits an article in public;

if the person knew, or ought reasonably to have known, that the making of the article constituted an infringement of the copyright or, in the case of an imported article, would, if the article had been made in Australia by the importer, have constituted an infringement of the copyright.

(2) For the purposes of the last preceding subsection, the distribution of any articles:

(a) for the purpose of trade; or

(b) for any other purpose to an extent that affects prejudicially the owner of the copyright concerned;

shall be taken to be the sale of those articles.

Fair Dealing for Purpose of Criticism or Review

103A. A fair dealing with an audio-visual item does not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if it is for the purpose of criticism or review, whether of the first-mentioned audio-visual item, another audio-visual item or a work, and a sufficient acknowledgement of the first-mentioned audio-visual item is made.

Fair Dealing for Purpose of Reporting News

103B.-(1) A fair dealing with an audio-visual item does not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if:

(a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the first-mentioned audio-visual item is made; or

(b) it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.

Fair Dealing for Purpose of Research or Study

103C.-(1) A fair dealing with an audio-visual item does not constitute an infringement of the copyright in the item or in any work or other audio-visual item included in the item if it is for the purpose of research or study.

(2) For the purposes of this Act, the matters to which regard shall be had in determining whether a dealing with an audio-visual item constitutes a fair dealing for the purpose of research or study include:

(a) the purpose and character of the dealing;

(b) the nature of the audio-visual item;

(c) the possibility of obtaining the audio-visual item within a reasonable time at an ordinary commercial price;

(d) the effect of the dealing upon the potential market for, or value of, the audio-visual item; and

(e) in a case where part only of the audio-visual item is copied-the amount and substantiality of the part copied taken in relation to the whole item.

Acts Done for Purposes of Judicial Proceeding

104. A copyright subsisting by virtue of this Part is not infringed by anything done:

(a) for the purpose of a judicial proceeding or a report of a judicial proceeding; or

(b) for the purpose of seeking professional advice from:

(i) a legal practitioner; or

(ii) a person registered as a patent attorney under the Patents Act 1990; or

(iii) a person registered as a trade marks attorney under the Trade Marks Act 1995; or

(c) for the purpose of, or in the course of, the giving of professional advice by:

(i) a legal practitioner; or

(ii) a person registered as a patent attorney under the Patents Act 1990; or

(iii) a person registered as a trade marks attorney under the Trade Marks Act 1995.

Acts Done by Parliamentary Libraries for
Members of Parliament

104A. A copyright subsisting by virtue of this Part is not infringed by anything done, for the sole purpose of assisting a person who is a member of a Parliament in the performance of the person's duties as such a member, by an authorized officer of a library, being a library the principal purpose of which is to provide library services for members of that Parliament.

Infringing Copies Made on Machines Installed
in Libraries and Archives

104B. If:

(a) a person makes an infringing copy of, or of part of, an audio-visual item or a published edition of a work on a machine (including a computer), being a machine installed by or with the approval of the body administering a library or archives on the premises of the library or archives, or outside those premises for the convenience of persons using the library or archives; and

(b) there is affixed to, or in close proximity to, the machine, in a place readily visible to persons using the machine, a notice of the prescribed dimensions and in accordance with the prescribed form;

neither the body administering the library or archives, nor the officer in charge of the library or archives, is taken to have authorised the making of the infringing copy merely because the copy was made on that machine.

Copyright in Certain Recordings Not Infringed by
Causing Recordings to be Heard in Public or Broadcast

105. Copyright subsisting in a sound recording by virtue only of subsection 89(3) is not infringed by the causing of the recording to be heard in public or by the broadcasting of the recording.

Causing Sound Recording to be Heard at Guest House or Club

106.-(1) Where a sound recording is caused to be heard in public:

(a) at premises where persons reside or sleep, as part of the amenities provided exclusively for residents or inmates of the premises or for those residents or inmates and their guests; or

(b) as part of the activities of, or for the benefit of, a club, society or other organization that is not established or conducted for profit and the principal objects of which are charitable or are otherwise concerned with the advancement of religion, education or social welfare;

the act of causing the recording to be so heard does not constitute an infringement of the copyright in the recording.

(2) The last preceding subsection does not apply:

(a) in relation to premises of a kind referred to in paragraph (a) of that subsection, if a specific charge is made for admission to the part of the premises where the recording is to be heard; or

(b) in relation to an organization of a kind referred to in paragraph (b) of that subsection, if a charge is made for admission to the place where the recording is to be heard and any of the proceeds of the charge are applied otherwise than for the purposes of the organization.

(3) A reference in the last preceding subsection to a specific charge, or a charge, made for admission includes a reference to a specific charge, or a charge, made partly for admission and partly for other purposes.

Making of a Copy of the Sound Recording for
Purpose of Broadcasting

107.-(1) Where the broadcasting by a person of a sound recording would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the recording but the making by the person of a copy of the sound recording would, apart from this subsection, constitute such an infringement, the copyright in the recording is not infringed by the making by the person of a copy of the sound recording in association with other matter solely for the purpose of the broadcasting of the recording in association with the other matter.

(2) The last preceding subsection does not apply in relation to a copy of a sound recording if the copy is used for a purpose other than:

(a) the broadcasting of the recording in circumstances that do not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infringement of the copyright in the recording; or

(b) the making of further copies of the sound recording for the purpose of the broadcasting of the recording in such circumstances.

(3) Subsection (1) does not apply in relation to a copy of a sound recording where the copy is used for the purpose of the broadcasting of the recording by a person who is not the maker of the copy unless the maker has paid to the owner of the copyright in the recording such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to the owner such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the copy.

(4) A person who has given an undertaking referred to in the last preceding subsection is liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the recording and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.

(5) Subsection (1) does not apply in relation to a copy of a sound recording unless, before the expiration of the period of 12 months commencing on the day on which any of the copies made in accordance with that subsection is first used for broadcasting the recording in accordance with that subsection, or before the expiration of such further period, if any, as is agreed between the maker of the copy and the owner of the copyright in the recording, all the copies made in accordance with that subsection are destroyed or are delivered, with the consent of the Director-General of the Australian Archives, to the Australian Archives.

(6) The Director-General of the Australian Archives shall not consent to the delivery to the Australian Archives in accordance with subsection (5) of a copy of a sound recording unless he or she has certified that the recording is of an exceptional documentary character.

(7) In this section:

broadcasting does not include simulcasting.

Copyright in Published Recording Not Infringed by
Public Performance if Equitable Remuneration Paid

108.-(1) The copyright in a sound recording that has been published is not infringed by a person who causes the recording to be heard in public if:

(a) the person has paid to the owner of the copyright in the recording such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to the owner such amount as is determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the causing of the recording to be heard in public; and

(b) in the case of a recording that was first published outside Australia-the recording has been published in Australia or the prescribed period after the date of the first publication of the recording has expired.

(2) A person who has given an undertaking referred to in the last preceding subsection is liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the recording and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.

(3) Regulations prescribing a period for the purposes of paragraph (1) (b) may prescribe different periods in relation to different classes of sound recordings.

Copyright in Published Sound Recording Not Infringed by
Broadcast in Certain Circumstances

109.-(1) Subject to this section, the copyright in a published sound recording is not infringed by the making of a broadcast (other than a broadcast transmitted for a fee payable to the person who made the broadcast) of that recording if:

(a) where there is no order of the Tribunal in force under section 152 applying to the maker of that broadcast in relation to the time when that broadcast was made-the maker of that broadcast has given an undertaking in writing to the person who is the owner of the copyright in that recording to pay to the owner such amounts (if any) as may be specified in, or determined in accordance with, an order of the Tribunal made under that section in respect of the broadcasting by the maker, during a period within which that broadcast was made, of published sound recordings in which the copyrights are owned by that person and which include that recording; or

(b) where there is an order of the Tribunal in force under that section applying to the maker of that broadcast in relation to the time when that broadcast was made:

(i) the copyright in that recording is owned by a person who is specified in the order as one of the persons among whom the amount specified in, or determined in accordance with, the order is to be divided and the maker of the broadcast makes payments to the person in accordance with the order; or

(ii) the copyright in that recording is owned by a person who is not so specified in the order.

(2) The last preceding subsection does not apply in relation to a broadcast of a sound recording if the broadcast was made in accordance with an agreement between the maker of the broadcast and the owner of the copyright in the recording.

(3) Subsection (1) does not apply in relation to a broadcast of a sound recording that has not been published in Australia if the broadcast was made before the expiration of the prescribed period after the date of the first publication of the recording.

(4) Regulations prescribing a period for the purposes of the last preceding subsection may prescribe different periods in relation to different classes of sound recordings.

(5) Subsection (1) does not apply in relation to a broadcast of a sound recording that has not been published in Australia if:

(a) the recording consists of, or includes, a musical work in which copyright subsists;

(b) the musical work was made for the purpose of being performed, or has been performed, in association with a dramatic work or has been included in a cinematograph film; and

(c) records of the musical work have not been supplied (whether by sale or otherwise) to the public in Australia.

(6) For the purposes of paragraph (5) (c), a supplying of records of a musical work shall be disregarded if the supplying was done otherwise than by, or with the licence of, the owner of the copyright in the work.

Provisions Relating to Cinematograph Films

110.-(1) Where the visual images forming part of a cinematograph film consist wholly or principally of images that, at the time when they were first embodied in an article or thing, were means of communicating news, the copyright in the film is not infringed by the causing of the film to be seen or heard, or to be both seen and heard, in public after the expiration of 50 years after the expiration of the calendar year in which the principal events depicted in the film occurred.

(2) Where, by virtue of this Part, copyright has subsisted in a cinematograph film, a person who, after that copyright has expired, causes the film to be seen or heard, or to be seen and heard, in public does not, by so doing, infringe any copyright subsisting by virtue of Part III in a literary, dramatic, musical or artistic work.

(3) Where the sounds that are embodied in a sound-track associated with the visual images forming part of a cinematograph film are also embodied in a record, other than such a sound-track or a record derived directly or indirectly from such a sound-track, the copyright in the cinematograph film is not infringed by any use made of that record.

Copying and Communicating Unpublished Sound Recordings and
Cinematograph Films in Libraries or Archives

110A. Where, at a time more than 50 years after the time at which, or the expiration of the period during which, a sound recording or cinematograph film was made, copyright subsists in the sound recording or cinematograph film but:

(a) the sound recording or cinematograph film has not been published; and

(b) a record embodying the sound recording, or a copy of the cinematograph film, is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, accessible to the public;

the copyright in the sound recording or cinematograph film and in any work or other subject-matter included in the sound recording or cinematograph film is not infringed:

(c) by the making of a copy or the communication of the sound recording or cinematograph film by a person for the purpose of research or study or with a view to publication; or

(d) by the making of a copy or the communication of the sound recording or cinematograph film by, or on behalf of, the officer in charge of the library or archives if the copy is supplied or communicated to a person who satisfies the officer that he or she requires the copy for the purpose of research or study, or with a view to publication and that he or she will not use it for any other purpose.

Copying and Communicating Sound Recordings and
Cinematograph Films for Preservation and Other Purposes

110B.-(1) Subject to subsection (3), where a copy of a sound recording, being a sound recording that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer in charge of the library or archives:

(a) if the sound recording is held in the collection in the form of a first record-for the purpose of preserving the record against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the record is held or at another library or archives;

(b) if the sound recording is held in the collection in a published form but has been damaged or has deteriorated-for the purpose of replacing the sound recording; or

(c) if the sound recording has been held in the collection in a published form but has been lost or stolen-for the purpose of replacing the sound recording;

the making of the copy does not infringe copyright in the sound recording or in any work or other subject-matter included in the sound recording.

(2) Subject to subsection (3), where a copy of a cinematograph film, being a cinematograph film that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer in charge of the library or archives:

(a) if the cinematograph film is held in the collection in the form of a first copy-for the purpose of preserving the copy against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the copy is held or at another library or archives;

(b) if the cinematograph film is held in the collection in a published form but has been damaged or has
deteriorated-for the purpose of replacing the cinematograph film; or

(c) if the cinematograph film has been held in the collection in a published form but has been lost or stolen-for the purpose of replacing the cinematograph film;

the making of the copy does not infringe copyright in the cinematograph film or in any work or other subject-matter included in the cinematograph film.

(2A) The copyright in a sound recording or cinematograph film that forms, or formed, part of the collection of a library or archives, or in any work or other subject-matter included in such a sound recording or film, is not infringed by the communication, by or on behalf of the officer in charge of the library or archives, of a copy of the sound recording or film made under subsection (1) or (2) to officers of the library or archives by making it available online to be accessed through the use of a computer terminal installed within the premises of the library or archives with the approval of the body administering the library or archives.

(2B) If:

(a) a copy of a sound recording or a cinematograph film is made by or on behalf of the officer in charge of a library or archives under this section; and

(b) the copy is made for the purpose of research that is being, or is to be, carried out at another library or archives;

the copyright in the sound recording or film, or in any work or other subject-matter included in it, is not infringed by the communication, by or on behalf of the officer in charge, of the copy to the other library or archives by making it available online to be accessed through the use of a computer terminal installed within the premises of the other library or archives with the approval of the body administering the other library or archives.

(3) Subsection (1) does not apply in relation to a sound recording, and subsection (2) does not apply in relation to a cinematograph film, held in a published form in the collection of a library or archives unless an authorised officer of the library or archives has, after reasonable investigation, made a declaration stating that he or she is satisfied that a copy (not being a second-hand copy) of the sound recording or cinematograph film, as the case may be, cannot be obtained within a reasonable time at an ordinary commercial price.

(4) Where a copy of an unpublished sound recording or an unpublished cinematograph film is made under subsection (1) or (2) by or on behalf of the officer in charge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply or communication of the copy by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute the publication of the sound recording or cinematograph film or of any work or other subject-matter included in the sound recording or cinematograph film.

Making of a Copy of a Sound Recording or Cinematograph Film
for the Purpose of Simulcasting

110C.-(1) If the broadcasting of a sound recording or a cinematograph film would not for any reason constitute an infringement of the copyright in the recording or film, but the making of a copy of the recording or film would, apart from this section, constitute an infringement of the copyright, the copyright is not infringed by the making of a copy of the recording or film if:

(a) the recording or film from which the copy is made is in analog form; and

(b) the copy is made solely for the purpose of simulcasting the recording or film in digital form.

(2) Subsection (1) does not apply in relation to a copy of a recording or film if the copy is used for a purpose other than:

(a) the simulcasting of the recording or film in circumstances that do not for any reason constitute an infringement of the copyright in the recording or film; or

(b) the making of further copies of the recording or film for the purpose of simulcasting the recording or film in such circumstances.

(3) Subsection (1) does not apply in relation to a copy of a recording or film unless all copies of the recording or film made under that subsection are destroyed on or before the relevant date specified in the regulations.

(4) For the purposes of subsection (3), the regulations may specify different dates in relation to different classes of sound recordings or cinematograph films.

Filming or Recording Broadcasts for Private and
Domestic Use

111.-(1) The copyright in a television broadcast in so far as it consists of visual images is not infringed by the making of a cinematograph film of the broadcast, or a copy of such a film, for the private and domestic use of the person by whom it is made.

(2) The copyright in a sound broadcast, or in a television broadcast in so far as it consists of sounds, is not infringed by the making of a sound recording of the broadcast, or a copy of such a sound recording, for the private and domestic use of the person by whom it is made.

(3) For the purposes of this section, a cinematograph film or a copy of such a film, or a sound recording or a copy of such a sound recording, shall be deemed to be made otherwise than for the private and domestic use of the person by whom it is made if it is made for the purpose of:

(a) selling a copy of the film or sound recording, letting it for hire, or by way of trade offering or exposing it for sale or hire;

(b) distributing a copy of the film or sound recording, whether for the purpose of trade or otherwise;

(c) by way of trade exhibiting a copy of the film or sound recording in public;

(d) broadcasting the film or recording; or

(e) causing the film or recording to be seen or heard in public.

Temporary Copy Made in the Course of Communication

111A.-(1) A copyright subsisting under this Part is not infringed by making a temporary copy of an audio-visual item as part of the technical process of making or receiving a communication.

(2) Subsection (1) does not apply in relation to the making of a temporary copy of an audio-visual item as part of the technical process of making a communication if the making of the communication is an infringement of copyright.

Reproductions of Editions of Work

112. The copyright in a published edition of a work or works is not infringed by the making of a reproduction of the whole or a part of that edition if that reproduction is made in the course of:

(a) where the edition contains one work only:

(i) a dealing with that work, being a dealing that does not, by virtue of section 40, 41, 42, 43 or 44, infringe copyright in that work; or

(ii) the making of a copy (including a copy for a person with a print disability or a copy for a person with an intellectual disability) of the whole or a part of that work, being a copy the making of which does not, by virtue of section 49, 50, 51A, 135ZG, 135ZJ, 135ZK, 135ZL, 135ZM, 135ZN, 135ZP, 135ZQ, 135ZR, 135ZS, 135ZT or 182A, infringe copyright in that work; or

(b) where the edition contains more than one work:

(i) a dealing with one of those works or dealings with some or all of those works, being a dealing that does not, or dealings that do not, by virtue of section 40, 41, 42, 43 or 44, infringe copyright in that work or those works; or

(ii) the making of a copy (including a copy for a person with a print disability or a copy for a person with an intellectual disability) of the whole or a part of one of those works or the making of copies (including copies for persons with a print disability or copies for persons with an intellectual disability) of the whole or parts of some or all of those works, being a copy the making of which does not, or copies the making of which do not, by virtue of section 49, 50, 51A, 135ZG, 135ZJ, 135ZK, 135ZL, 135ZM, 135ZN, 135ZP, 135ZQ, 135ZR, 135ZS, 135ZT or 182A, infringe copyright in that work or in those works.

Importation and Sale etc. of Books

112A.-(1) The copyright in an overseas edition first published on or after the commencing day, is not infringed by a person who, without the licence of the owner of the copyright, imports a non-infringing book into Australia for a purpose mentioned in paragraph 102(1) (a), (b) or (c).

(2) Subject to this section, the copyright in:

(a) an overseas edition first published before the commencing day; or

(b) a published edition of a work, being an edition first published in Australia, whether before, on or after the commencing day;

is not infringed by a person who, without the licence of the owner of the copyright, imports a copy (in this subsection called the imported copy) of a hardback or paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 102(1) (a), (b) or (c) if:

(c) the person had ordered in writing from the copyright owner, or the owner's licensee or agent, one or more copies of that version of the book (not being second-hand copies or more copies than were needed to satisfy the person's reasonable requirements); and

(d) when the person ordered the imported copy, the original order mentioned in paragraph (c) had not been withdrawn or cancelled by, or with the consent of, the person and:

(i) at least 7 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not notified the person in writing that the original order would be filled within 90 days after it was placed; or

(ii) at least 90 days had elapsed since the person placed the original order and the copyright owner, licensee or agent had not filled the order.

(3) The copyright in a published edition of a work (whether the edition was first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports a single copy of a non-infringing book into Australia if the importation is for the purpose of filling a written order, or a verifiable telephone order, by a customer of the person and:

(a) in the case of a written order, the order contains a statement, signed by the customer; or

(b) in the case of a telephone order, the customer makes a verifiable statement;

to the effect that the customer does not intend to use the book for a purpose mentioned in paragraph 102(1) (a), (b) or (c).

(4) The copyright in a published edition of a work (whether the edition was first published before, on or after the commencing day) is not infringed by a person who, without the licence of the owner of the copyright, imports 2 or more copies of a non-infringing book into Australia if:

(a) the importation is for the purpose of filling a written order, or a verifiable telephone order, placed with the person by or on behalf of a library, other than a library conducted for the profit (direct or indirect) of a person or organisation; and

(b) in the case of a written order-the order contains a statement, signed by the person placing the order, to the effect that the library does not intend to use any of the books for a purpose mentioned in paragraph 102(1) (a), (b) or (c); and

(c) in the case of a telephone order-the person placing the order makes a verifiable statement to the effect referred to in paragraph (b); and

(d) the number of copies so imported is not more than the number of copies so ordered.

(5) Without limiting the ways in which a telephone order under subsection (3) or (4), or a statement under paragraph (3) (b) or (4) (c) relating to such an order, may be verified, such an order or statement is, for the purposes of this section, taken to be verifiable if the person who takes the order, or to whom the statement is made, makes a written note of the details of the order or statement when, or immediately after, the order is placed, or the statement is made, as the case may be.

(6) Where:

(a) a book is imported into Australia for a purpose mentioned in paragraph 102(1) (a), (b) or (c); and

(b) the importation does not, under this section, constitute an infringement of copyright in a published edition of a work;

the use of the book for any such purpose does not constitute an infringement of the copyright in the edition and subsection 103(1) does not apply to the book.

(7) Subsection (2) does not apply to the importation of a copy of a hardback version of a non-infringing book into Australia if the copyright owner, or his or her licensee or agent, is able to supply in Australia enough copies of a paperback version of the book to fill any reasonable order.

(8) For the purposes of paragraph (2) (d), a copyright owner, licensee or agent is not taken to have filled an order by a person for one or more copies of a version of a book unless and until the copyright owner, licensee or agent sends the copy, or all of the copies, as the case requires, to the person.

(9) In this section:

book does not include:

(a) a book whose main content is one or more musical works, with or without any related literary, dramatic or artistic work; or

(b) a manual sold with computer software for use in connection with that software; or

(c) a periodical publication.

commencing day means the day on which the Copyright Amendment Act 1991 commences.

overseas edition means a published edition of a work, being an edition:

(a) that was first published in a country other than Australia; and

(b) that was not published in Australia within 30 days after its first publication in that other country.

Note: An edition of a work may, for the purposes of this Act, be first published in Australia if it is published in Australia within 30 days of an earlier publication elsewhere. For the meaning of first publication, see section 29 and, in particular, subsection 29(5).

Reproduction of Writing on Approved Label for
Containers for Chemical Product

112B. The reproduction on a label on a container for a chemical product of any writing appearing on an approved label is not an infringement of any copyright subsisting under section 92 in relation to that writing.

Copyright Subsisting in Accessories etc. to Imported Articles

112C.-(1) The copyright in:

(a) a published edition of a work a reproduction of which is on, or embodied in, a non-infringing accessory to an article; or

(b) a cinematograph film a copy of which is a non-infringing accessory to an article; or

(c) a sound recording a record of which is a non-infringing accessory to an article;

is not infringed by importing the accessory with the article.

(2) Section 103 does not apply to:

(a) a reproduction of a published edition of a work, being a reproduction that is on, or embodied in, a non-infringing accessory to an article; or

(b) a copy of a cinematograph film, being a copy that is a non-infringing accessory to an article; or

(c) a record embodying a sound recording, being a record that is a non-infringing accessory to an article;

if the importation of the accessory is not an infringement of copyright in the edition, film or recording, as the case may be.

Import of Non-infringing Copy of a Sound Recording
Does Not Infringe Copyright in the Sound Recording

112D.-(1) The copyright in a sound recording is not infringed by a person who:

(a) imports into Australia a non-infringing copy of the sound recording; or

(b) does an act described in section 103 involving an article that is a non-infringing copy of the sound recording and has been imported into Australia by anyone.

Note: In a civil action for infringement of copyright, a copy of a sound recording is presumed not to be a non-infringing copy of the sound recording unless the defendant proves it is. See section 130A.

(2) This section applies to a copy of a sound recording only if, when the copy is imported into Australia, the sound recording has been published:

(a) in Australia; or

(b) in another country (the publication country) by or with the consent of:

(i) the owner of the copyright or related right in the sound recording in the publication country; or

(ii) the owner of the copyright or related right in the sound recording in the country (the original recording country) in which the sound recording was made, if the law of the publication country did not provide for copyright or a related right in sound recordings when publication occurred; or

(iii) the maker of the sound recording, if neither the law of the publication country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related right in sound recordings when publication occurred.

Note: Subsection 29(6) deals with unauthorised publication.

(3) In subsection (2):

owner of the copyright or related right in the sound recording means the owner at the time publication of the sound recording occurred.

Communication by Use of Certain Facilities

112E. A person (including a carrier or carriage service provider) who provides facilities for making, or facilitating the making of, a communication is not taken to have authorised any infringement of copyright in an audio-visual item merely because another person uses the facilities so provided to do something the right to do which is included in the copyright.

Division 7
Miscellaneous
Copyrights to Subsist Independently

113.-(1) Subject to subsection 110(2), where copyright subsists in any subject-matter by virtue of this Part, nothing in this Part shall be taken to affect the operation of Part III in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived, and any copyright subsisting by virtue of this Part is in addition to, and independent of, any copyright subsisting by virtue of Part III.

(2) The subsistence of copyright under any provision of this Part does not affect the operation of any other provision of this Part under which copyright can subsist.

PART V
REMEDIES AND OFFENCES
Division 1
Preliminary
Interpretation

114.-(1) In this Part, action means a proceeding of a civil nature between parties, and includes a counterclaim.

(2) In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively.

Division 2
Actions by Owner of Copyright
Actions for Infringement

115.-(1) Subject to this Act, the owner of a copyright may bring an action for an infringement of the copyright.

(2) Subject to this Act, the relief that a court may grant in an action for an infringement of copyright includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.

(3) Where, in an action for infringement of copyright, it is established that an infringement was committed but it is also established that, at the time of the infringement, the defendant was not aware, and had no reasonable grounds for suspecting, that the act constituting the infringement was an infringement of the copyright, the plaintiff is not entitled under this section to any damages against the defendant in respect of the infringement, but is entitled to an account of profits in respect of the infringement whether any other relief is granted under this section or not.

(4) Where, in an action under this section:

(a) an infringement of copyright is established; and

(b) the court is satisfied that it is proper to do so, having regard to:

(i) the flagrancy of the infringement; and

(ii) whether the infringement involved the conversion of a work or other subject-matter from hardcopy or analog form into a digital or other electronic machine-readable form; and

(iii) any benefit shown to have accrued to the defendant by reason of the infringement; and

(iv) all other relevant matters;

the court may, in assessing damages for the infringement, award such additional damages as it considers appropriate in the circumstances.

Rights of Owner of Copyright in Respect of Infringing Copies

116.-(1) The owner of the copyright in a work or other subject-matter may bring an action for conversion or detention in relation to:

(a) an infringing copy; or

(b) a device (including a circumvention device) used or intended to be used for making infringing copies.

(1A) In an action for conversion or detention, a court may grant to the owner of the copyright all or any of the remedies that are available in such an action as if:

(a) the owner of the copyright had been the owner of the infringing copy since the time the copy was made; or

(b) the owner of the copyright had been the owner of the device since the time when it was used or intended to be used for making infringing copies.

(1B) Any relief granted by a court in an action for conversion or detention is in addition to any relief that the court may grant under section 115.

(1C) A court is not to grant any relief to the owner of the copyright in an action for conversion or detention if the relief that the court has granted or proposes to grant under section 115 is, in the opinion of the court, a sufficient remedy.

(1D) In deciding whether to grant relief in an action for conversion or detention and in assessing the amount of damages payable, the court may have regard to the following:

(a) the expenses incurred by the defendant, being a person who marketed or otherwise dealt with the infringing copy, in manufacturing or acquiring the infringing copy;

(b) whether the expenses were incurred before or after the infringing copy was sold or otherwise disposed of by the defendant;

(c) any other matter that the court considers relevant.

(1E) If the infringing copy is an article of which only part consists of material that infringes copyright, the court, in deciding whether to grant relief and in assessing the amount of damages payable, may also have regard to the following:

(a) the importance to the market value of the article of the material that infringes the copyright;

(b) the proportion the material that infringes copyright bears to the article;

(c) the extent to which the material that infringes copyright may be separated from the article.

(2) A plaintiff is not entitled by virtue of this section to any damages or to any other pecuniary remedy, other than costs, if it is established that, at the time of the conversion or detention:

(a) the defendant was not aware, and had no reasonable grounds for suspecting, that copyright subsisted in the work or other subject-matter to which the action relates;

(b) where the articles converted or detained were infringing copies-the defendant believed, and had reasonable grounds for believing, that they were not infringing copies; or

(c) where an article converted or detained was a device used or intended to be used for making articles-the defendant believed, and had reasonable grounds for believing, that the articles so made or intended to be made were not or would not be, as the case may be, infringing copies.

Division 2A
Actions in Relation to Circumvention Devices and
Electronic Rights Management Information
Importation, Manufacture etc. of Circumvention Device and
Provision etc. of Circumvention Service

116A.-(1) Subject to subsections (2), (3) and (4), this section applies if:

(a) a work or other subject-matter is protected by a technological protection measure; and

(b) a person does any of the following acts without the permission of the owner or exclusive licensee of the copyright in the work or other subject-matter:

(i) makes a circumvention device capable of circumventing, or facilitating the circumvention of, the technological protection measure;

(ii) sells, lets for hire, or by way of trade offers or exposes for sale or hire or otherwise promotes, advertises or markets, such a circumvention device;

(iii) distributes such a circumvention device for the purpose of trade, or for any other purpose that will affect prejudicially the owner of the copyright;

(iv) exhibits such a circumvention device in public by way of trade;

(v) imports such a circumvention device into Australia for the purpose of:

(a) selling, letting for hire, or by way of trade offering or exposing for sale or hire or otherwise promoting, advertising or marketing, the device; or

(b) distributing the device for the purpose of trade, or for any other purpose that will affect prejudicially the owner of the copyright; or

(c) exhibiting the device in public by way of trade;

(vi) makes such a circumvention device available online to an extent that will affect prejudicially the owner of the copyright;

(vii) provides, or by way of trade promotes, advertises or markets, a circumvention service capable of circumventing, or facilitating the circumvention of, the technological protection measure; and

(c) the person knew, or ought reasonably to have known, that the device or service would be used to circumvent, or facilitate the circumvention of, the technological protection measure.

(2) This section does not apply in relation to anything lawfully done for the purposes of law enforcement or national security by or on behalf of:

(a) the Commonwealth or a State or Territory; or

(b) an authority of the Commonwealth or of a State or Territory.

(3) This section does not apply in relation to the supply of a circumvention device or a circumvention service to a person for use for a permitted purpose if:

(a) the person is a qualified person; and

(b) the person gives the supplier before, or at the time of, the supply a declaration signed by the person:

(i) stating the name and address of the person; and

(ii) stating the basis on which the person is a qualified person; and

(iii) stating the name and address of the supplier of the circumvention device or circumvention service; and

(iv) stating that the device or service is to be used only for a permitted purpose by a qualified person; and

(v) identifying the permitted purpose by reference to one or more of sections 47D, 47E, 47F, 48A, 49, 50, 51A and 183 and Part VB; and

(vi) stating that a work or other subject-matter in relation to which the person proposes to use the device or service for a permitted purpose is not readily available to the person in a form that is not protected by a technological protection measure.

(4) This section does not apply in relation to the making or importing of a circumvention device:

(a) for use only for a permitted purpose relating to a work or other subject-matter that is not readily available in a form that is not protected by a technological protection measure; or

(b) for the purpose of enabling a person to supply the device, or to supply a circumvention service, for use only for a permitted purpose.

(4A) For the purposes of paragraphs (3) (b) and (4) (a), a work or other subject-matter is taken not to be readily available if it is not available in a form that lets a person do an act relating to it that is not an infringement of copyright in it as a result of section 47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part VB.

(5) If this section applies, the owner or exclusive licensee of the copyright may bring an action against the person.

(6) In an action under subsection (5), it must be presumed that the defendant knew, or ought reasonably to have known, that the circumvention device or service to which the action relates would be used for a purpose referred to in paragraph (1) (c) unless the defendant proves otherwise.

(7) For the purposes of this section, a circumvention device or a circumvention service is taken to be used for a permitted purpose only if:

(a) the device or service is used for the purpose of doing an act comprised in the copyright in a work or other subject-matter; and

(b) the doing of the act is not an infringement of the copyright in the work or other subject-matter under section 47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part VB.

(8) In this section:

qualified person means:

(a) a person referred to in paragraph 47D(1) (a), 47E(1) (a) or 47F(1) (a); or

(b) a person who is an authorized officer for the purposes of section 48A, 49, 50 or 51A; or

(c) a person authorised in writing by the Commonwealth or a State for the purposes of section 183; or

(d) a person authorised in writing by a body administering an institution (within the meaning of Part VB) to do on behalf of the body an act that is not an infringement of copyright because of that Part.

supply means:

(a) in relation to a circumvention device-sell the device, let it for hire, distribute it or make it available online; and

(b) in relation to a circumvention service-provide the service.

(9) The defendant bears the burden of establishing the matters referred to in subsections (3), (4) and (4A).

Removal or Alteration of Electronic Rights Management Information

116B.-(1) This section applies if:

(a) a person removes or alters any electronic rights management information attached to a copy of a work or other subject-matter in which copyright subsists; and

(b) the person does so without the permission of the owner or exclusive licensee of the copyright; and

(c) the person knew, or ought reasonably to have known, that the removal or alteration would induce, enable, facilitate or conceal an infringement of the copyright in the work or other subject-matter.

(2) If this section applies, the owner or exclusive licensee of the copyright may bring an action against the person.

(3) In an action under subsection (2), it must be presumed that the defendant knew, or ought reasonably to have known, that the removal or alteration to which the action relates would have the effect referred to in paragraph (1) (c) unless the defendant proves otherwise.

Commercial Dealings etc. with Works whose
Electronic Rights Management Information is Removed or Altered

116C.-(1) This section applies if:

(a) a person does any of the following acts in relation to a work or other subject-matter in which copyright subsists without the permission of the owner or exclusive licensee of the copyright:

(i) distributes for the purpose of trade a copy of the work or other subject-matter;

(ii) imports into Australia a copy of the work or other subject-matter for the purpose of trade;

(iii) communicates a copy of the work or other subject-matter to the public; and

(b) any electronic rights management information attached to the copy has been removed or altered; and

(c) the person knew that the electronic rights management information had been so removed or altered without the permission of the owner or exclusive licensee of the copyright; and

(d) the person knew, or ought reasonably to have known, that the act referred to in paragraph (a) that was done by the person would induce, enable, facilitate or conceal an infringement of the copyright in the work or other subject-matter.

(2) If this section applies, the owner or exclusive licensee of the copyright may bring an action against the person.

(3) In an action under subsection (2), it must be presumed that the defendant:

(a) had the knowledge referred to in paragraph (1) (c); and

(b) knew, or ought reasonably to have known, that the doing of the act to which the action relates would have the effect referred to in paragraph (1) (d);

unless the defendant proves otherwise.

Remedies in Actions Under Sections 116A, 116B and 116C

116D.-(1) The relief that a court may grant in an action under section 116A, 116B or 116C includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.

(2) If, in an action under section 116A, 116B or 116C, the court is satisfied that it is proper to do so, having regard to:

(a) the flagrancy of the defendant's actions that are the subject of the action; and

(b) any benefit shown to have accrued to the defendant as a result of those acts; and

(c) any other relevant matters;

the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.

Division 3
Proceedings Where Copyright is Subject To Exclusive Licence
Interpretation

117. In this Division:

if the licence had been an assignment means if, instead of the licence, there had been granted (subject to conditions corresponding as nearly as practicable with those subject to which the licence was granted) an assignment of the copyright in respect of its application to the doing, at the places and times authorized by the licence, of the acts so authorized.

the other party means:

(a) in relation to the owner of the copyright-the exclusive licensee; and

(b) in relation to the exclusive licensee-the owner of the copyright.

Application

118. This Division applies to proceedings in relation to a copyright in respect of which an exclusive licence has been granted and is in force at the time of the events to which the proceedings relate.

Rights of Exclusive Licensee

119. Subject to the succeeding sections of this Division:

(a) except against the owner of the copyright, the exclusive licensee has the same rights of action as he or she would have, and is entitled to the same remedies as he or she would be entitled to, by virtue of section 115 if the licence had been an assignment, and those rights and remedies are concurrent with the rights and remedies of the owner of the copyright under that section;

(b) except against the owner of the copyright, the exclusive licensee has the same rights of action as he or she would have, and is entitled to the same remedies as he or she would be entitled to, by virtue of section 116 if the licence had been an assignment; and

(c) the owner of the copyright does not have any rights of action that he or she would not have, and is not entitled to any remedies that he or she would not be entitled to, by virtue of section 116 if the licence had been an assignment.

Joinder of Owner or Exclusive Licensee as a Party

120.-(1) Where:

(a) an action is brought by the owner of the copyright or by the exclusive licensee; and

(b) the action, in so far as it is brought under section 115, relates, in whole or in part, to an infringement in respect of which the owner and the licensee have concurrent rights of action under that section;

the owner or licensee, as the case may be, is not entitled, except with the leave of the court, to proceed with the action, in so far as it is brought under that section and relates to that infringement, unless the other party is joined as a plaintiff in the action or added as a defendant.

(2) This section does not affect the granting of an interlocutory injunction on the application of the owner of the copyright or of the exclusive licensee.

Defences Available Against Exclusive Licensee

121. In an action brought by the exclusive licensee by virtue of this Division, a defence under this Act that would have been available to a defendant in the action if the action had been brought by the owner of the copyright is available to that defendant as against the exclusive licensee.

Assessment of Damages Where Exclusive Licence Granted

122. Where an action to which section 120 applies is brought and the owner of the copyright and the exclusive licensee are not both plaintiffs in the action, the court, in assessing damages in respect of an infringement of a kind referred to in that section, shall:

(a) if the plaintiff is the exclusive licensee-take into account any liabilities, in respect of royalties or otherwise, to which the licence is subject; and

(b) whether the plaintiff is the owner of the copyright or the exclusive licensee-take into account any pecuniary remedy already awarded to the other party under section 115 in respect of that infringement, or any right of action exercisable by the other party under that section in respect of that infringement, as the case requires.

Apportionment of Profits Between Owner and Exclusive Licensee

123. Where:

(a) an action, in so far as it is brought under section 115, relates, in whole or in part, to an infringement in respect of which the owner of the copyright and the exclusive licensee have concurrent rights of action under that section; and

(b) in that action, whether the owner of the copyright and the exclusive licensee are both parties or not, an account of profits is directed to be taken in respect of that infringement;

then, subject to any agreement of which the court is aware by which the application of those profits is determined as between the owner of the copyright and the exclusive licensee, the court shall apportion the profits between them in such a manner as the court considers just and shall give such directions as the court considers appropriate for giving effect to that apportionment.

Separate Actions in Relation to the Same Infringement

124. In an action brought by the owner of the copyright or by the exclusive licensee:

(a) a judgment or order for the payment of damages in respect of an infringement of copyright shall not be given or made under section 115 if a final judgment or order has been given or made in favour of the other party directing an account of profits under that section in respect of the same infringement; and

(b) a judgment or order for an account of profits in respect of an infringement of copyright shall not be given or made under that section if a final judgment or order has been given or made in favour of the other party awarding damages or directing an account of profits under that section in respect of the same infringement.

Liability for Costs

125. Where, in an action to which section 120 applies, whether brought by the owner of the copyright or by the exclusive licensee, the other party is not joined as a plaintiff (either at the commencement of the action or at a later time), but is added as a defendant, the other party is not liable for any costs in the action unless he or she enters an appearance and takes part in the proceedings.

Division 4
Proof of Facts in Civil Actions
Presumptions as to Subsistence and Ownership of Copyright

126. In an action brought by virtue of this Part:

(a) copyright shall be presumed to subsist in the work or other subject-matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject-matter; and

(b) where the subsistence of the copyright is established-the plaintiff shall be presumed to be the owner of the copyright if he or she claims to be the owner of the copyright and the defendant does not put in issue the question of his or her ownership.

Presumptions in Relation to Authorship of Work

127.-(1) Where a name purporting to be that of the author of a literary, dramatic, musical or artistic work appeared on copies of the work as published or a name purporting to be that of the author of an artistic work appeared on the work when it was made, the person whose name so appeared, if it was his or her true name or a name by which he or she was commonly known, shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the author of the work and to have made the work in circumstances to which subsections 35(4), (5) and (6) do not apply.

(2) Where a work is alleged to be a work of joint authorship, the last preceding subsection applies in relation to each person alleged to be one of the authors of the work as if references in that subsection to the author were references to one of the authors.

(3) Where, in an action brought by virtue of this Part in relation to a photograph:

(a) it is established that, at the time when the photograph was taken, a person was the owner of the material on which the photograph was taken or, if the ownership of that material as at that time is not established, that a person was the owner of the apparatus by which the photograph was taken; or

(b) neither the ownership as at the time when the photograph was taken of the material on which it was taken nor the ownership as at that time of the apparatus by which it was taken is established but it is established that, at the time of the death of a person, the photograph was owned by the person or, if the ownership of the photograph as at that time is not established, was in the possession or custody of the person;

the person shall be presumed, unless the contrary is established, to have been the person who took the photograph.

Presumptions in Relation to Publisher of Work

128. Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, the last preceding section does not apply, but it is established:

(a) that the work was first published in Australia and was so published during the period of 50 years that ended immediately before the commencement of the calendar year in which the action was brought; and

(b) that a name purporting to be that of the publisher appeared on copies of the work as first published;

then, unless the contrary is established, copyright shall be presumed to subsist in the work and the person whose name so appeared shall be presumed to have been the owner of that copyright at the time of the publication.

Presumptions Where Author Has Died

129.-(1) Where, in an action brought by virtue of this Part in relation to a literary, dramatic, musical or artistic work, it is established that the author is dead:

(a) the work shall be presumed to be an original work unless the contrary is established; and

(b) if it is alleged by the plaintiff that a publication specified in the allegation was the first publication of the work, and that it took place in a country and on a date so specified-that publication shall be presumed, unless the contrary is established, to have been the first publication of the work, and to have taken place in that country and on that date.

(2) Where:

(a) a literary, dramatic, musical or artistic work has been published;

(b) the publication was anonymous or is alleged by the plaintiff to have been pseudonymous; and

(c) it is not established that the work has ever been published under the true name of the author, or under a name by which he or she was commonly known, or that the identity of the author is generally known or can be ascertained by reasonable inquiry;

paragraphs (1) (a) and (b) apply, in an action brought by virtue of this Part in relation to the work, in like manner as those paragraphs apply where it is established that the author is dead.

Evidence in Relation to Recordings

130. In an action brought by virtue of this Part in relation to copyright in a sound recording, if records embodying the recording or a part of the recording have been supplied (whether by sale or otherwise) to the public and, at the time when records embodying the recording or part of the recording were first so supplied, the records or their containers bore a label or other mark containing a statement:

(a) that a person specified on the label or mark was the maker of the recording;

(b) that the recording was first published in a year specified on the label or mark; or

(c) that the recording was first published in a country specified on the label or mark;

that label or mark is sufficient evidence of the facts so stated except in so far as the contrary is established.

Acts Relating to Imported Copies of Sound Recordings

130A. In an action for infringement of copyright described in section 37, 38, 102 or 103 by an act involving an article that is a copy of a sound recording, it must be presumed that the copy is not a non-infringing copy unless the defendant proves that the copy is a non-infringing copy.

Note 1: Sections 37 and 38 deal with infringement of copyright in literary, dramatic and musical works (among other things) by commercial importation and dealings involving articles.

Note 2: Sections 102 and 103 deal with infringement of copyright in sound recordings (among other things) by commercial importation and dealings involving articles.

Presumption in Relation to Maker of Film

131. Where the name of a person appeared on copies of a cinematograph film as made available to the public in such a way as to imply that the person was the maker of the film and, in the case of a person other than a body corporate, that name was his or her true name or a name by which he or she was commonly known, that person shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the maker of the film and to have made the film in circumstances to which subsection 98(3) does not apply.

Division 4A
Jurisdiction and Appeals
Exercise of Jurisdiction

131A. The jurisdiction of the Supreme Court of a State or Territory in an action under this Part shall be exercised by a single Judge of the Court.

Appeals

131B.-(1) Subject to subsection (2), a decision of a court of a State or Territory (however constituted) under this Part is final and conclusive.

(2) An appeal lies from a decision of a court of a State or Territory under this Part:

(a) to the Federal Court of Australia; or

(b) by special leave of the High Court, to the High Court.

Jurisdiction of Federal Court of Australia

131C. Jurisdiction is conferred on the Federal Court of Australia with respect to actions under this Part.

Division 5
Offences and Summary Proceedings
Offences

132.-(1) A person shall not, at a time when copyright subsists in a work:

(a) make an article for sale or hire;

(b) sell or let for hire, or by way of trade offer or expose for sale or hire, an article;

(c) by way of trade exhibit an article in public; or

(d) import an article into Australia for the purpose of:

(i) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;

(ii) distributing the article for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or

(iii) by way of trade exhibiting the article in public;

if the person knows, or ought reasonably to know, the article to be an infringing copy of the work.

(2) A person shall not, at a time when copyright subsists in a work, distribute:

(a) for the purpose of trade; or

(b) for any other purpose to an extent that affects prejudicially the owner of the copyright;

an article that the person knows, or ought reasonably to know, to be an infringing copy of the work.

(2A) A person shall not, at a time when copyright subsists in a work, have in his or her possession an article for the purpose of:

(a) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the article;

(b) distributing the article for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the owner of the copyright in the work; or

(c) by way of trade exhibiting the article in public;

if the person knows, or ought reasonably to know, the article to be an infringing copy of the work.

(3) A person shall not, at a time when copyright subsists in a work, make or have in his or her possession a device that the person knows, or ought reasonably to know, is to be used for making infringing copies of the work.

(4) The preceding provisions of this section apply in relation to copyright subsisting in any subject-matter by virtue of Part IV in like manner as they apply in relation to copyright subsisting in a work by virtue of Part III.

(5) A person shall not cause a literary, dramatic or musical work to be performed in public at a place of public entertainment, if the person knows, or ought reasonably to know, that copyright subsists in the work and that the performance constitutes an infringement of the copyright.

(5AA) A person shall not cause:

(a) a sound recording to be heard in public at a place of public entertainment; or

(b) a cinematograph film, in so far as it consists of visual images, to be seen in public at a place of public entertainment or, in so far as it consists of sounds, to be heard in public at such a place;

if the person knows, or ought reasonably to know, that copyright subsists in the sound recording or the cinematograph film and that the copyright will thereby be infringed.

(5A) A person must not provide, or by way of trade promote, advertise or market, a circumvention service if the person knows, or is reckless as to whether, the service will be used to circumvent, or facilitate the circumvention of, a technological protection measure.

(5B) A person must not:

(a) make a circumvention device; or

(b) sell, let for hire, or by way of trade offer or expose for sale or hire, or otherwise promote, advertise or market, a circumvention device; or

(c) distribute a circumvention device with the intention of trading, or engaging in any other activity that will affect prejudicially an owner of copyright; or

(d) by way of trade exhibit a circumvention device in public; or

(e) import a circumvention device into Australia with the intention of:

(i) selling, letting for hire, or by way of trade offering or exposing for sale or hire, or otherwise promoting, advertising or marketing, the device; or

(ii) distributing the device for trading, or for engaging in any other activity that will affect prejudicially an owner of copyright; or

(iii) exhibiting the device in public by way of trade; or

(f) make a circumvention device available online to an extent that will affect prejudicially an owner of copyright;

if the person knows, or is reckless as to whether, the device will be used to circumvent, or facilitate the circumvention of, a technological protection measure.

(5C) A person must not remove or alter any electronic rights management information attached to a copy of a work or other subject-matter in which copyright subsists, except with the permission of the owner or exclusive licensee of the copyright, if the person knows, or is reckless as to whether, the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright in the work or other subject-matter.

(5D) A person must not:

(a) distribute a copy of a work or other subject-matter in which copyright subsists with the intention of trading; or

(b) import into Australia a copy of such a work or other subject-matter with the intention mentioned in paragraph (a); or

(c) communicate to the public a copy of such a work or other subject-matter;

without the permission of the owner or exclusive licensee of the copyright if any electronic rights management information attached to the copy has been removed or altered and the person:

(d) knows that the electronic rights management information has been so removed or altered without the permission of the owner or exclusive licensee of the copyright; and

(e) knows, or is reckless as to whether, the doing of the act referred to in paragraph (a), (b) or (c) will induce, enable, facilitate or conceal an infringement of the copyright in the work or other subject-matter.

(5E) Subsections (5A) and (5B) do not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:

(a) the Commonwealth or a State or Territory; or

(b) an authority of the Commonwealth or of a State or Territory.

(5F) Subsections (5A) and (5B) do not apply in relation to the supply of a circumvention device or a circumvention service to a person for use for a permitted purpose if:

(a) the person is a qualified person; and

(b) the person gives the supplier before, or at the time of, the supply a declaration signed by the person:

(i) stating the name and address of the person; and

(ii) stating the basis on which the person is a qualified person; and

(iii) stating the name and address of the supplier of the circumvention device or circumvention service; and

(iv) stating that the device or service is to be used only for a permitted purpose by a qualified person; and

(v) identifying the permitted purpose by reference to one or more of sections 47D, 47E, 47F, 48A, 49, 50, 51A and 183 and Part VB; and

(vi) stating that a work or other subject-matter in relation to which the person proposes to use the device or service for a permitted purpose is not readily available to the person in a form that is not protected by a technological protection measure.

(5G) Subsection (5B) does not apply in relation to the making or importing of a circumvention device:

(a) for use only for a permitted purpose relating to a work or other subject-matter that is not readily available in a form that is not protected by a technological protection measure; or

(b) to enable a person to supply the device, or to supply a circumvention service, for use only for a permitted purpose.

(5GA) For the purposes of paragraphs (5F) (b) and (5G) (a), a work or other subject-matter is taken not to be readily available if it is not available in a form that lets a person do an act relating to it that is not an infringement of copyright in it as a result of section 47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part VB.

(5H) For the purposes of this section, a circumvention device or a circumvention service is taken to be used for a permitted purpose only if:

(a) the device or service is used to do an act comprised in the copyright in a work or other subject-matter; and

(b) the act is done with the licence of the owner or exclusive licensee of the copyright, or is not an infringement of the copyright in the work or other subject-matter under section 47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part VB.

(5J) The only burden of proof that the defendant bears in respect of subsection (5E), (5F) or (5G) is the burden of adducing or pointing to evidence that suggests a reasonable possibility that the act or matter in question was done or existed.

(6) This section applies only in respect of acts done in Australia.

(6AA) If:

(a) a person contravenes subsection (1), (2) or (2A); and

(b) the article to which the contravention relates is an infringing copy because it was made by converting a work or other subject-matter from hardcopy or analog form into a digital or other electronic machine-readable form;

the person is guilty of an offence punishable on summary conviction by a fine of not more than 850 penalty units and/or imprisonment for not more than 5 years.

(6AB) If:

(a) a person contravenes subsection (1), (2) or (2A); and

(b) subsection (6AA) does not apply;

the person is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.

(6A) A person who contravenes subsection (3), (5), (5AA), (5A), (5B), (5C) or (5D) is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.

Note: A corporation may be fined up to 5 times the amount of the maximum fine. See subsection 4B(3) of the Crimes Act 1914.

(7) Prosecutions for offences against this section may be brought in the Federal Court of Australia or in any other court of competent jurisdiction.

(8) Jurisdiction is conferred on the Federal Court of Australia to hear and determine prosecutions for offences against this section.

(9) In this section:

article includes a reproduction or copy of a work or other subject-matter, being a reproduction or copy in electronic form.

distribute includes distribute by way of communication.

place of public entertainment includes any premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment.

qualified person means:

(a) a person referred to in paragraph 47D(1) (a), 47E(1) (a) or 47F(1) (a); or

(b) a person who is an authorised officer for the purposes of section 48A, 49, 50 or 51A; or

(c) a person authorised in writing by the Commonwealth or a State for the purposes of section 183; or

(d) a person authorised in writing by a body administering an institution (within the meaning of Part VB) to do on behalf of the body an act that is not an infringement of copyright because of that Part.

supply means:

(a) in relation to a circumvention device-sell the device, let it for hire, distribute it or make it available online; and

(b) in relation to a circumvention service-provide the service.

(10) In the definition of infringing copy in subsection 10(1) as that definition has effect for the purposes of this section, the expression "article" has the meaning given by subsection (9) of this section.

Destruction or Delivery up of Infringing Copies etc.

133.-(4) The court before which a person is charged with an offence by reason of a contravention of section 132 may, whether the person is convicted of the offence or not, order that any article in the possession of the person that appears to the court to be a circumvention device used or intended to be used in contravention of that section, or to be an infringing copy, or to be a device or recording equipment used or intended to be used for making infringing copies, be destroyed or delivered up to the owner of the copyright concerned or otherwise dealt with in such manner as the court thinks fit.

Advertisement for Supply of Infringing Copies of Computer Programs

133A.-(1) Where:

(a) a person, by any means, publishes, or causes to be published, in Australia an advertisement for the supply in Australia (whether from within or outside Australia) of a copy of a computer program; and

(b) the person knows, or ought reasonably to know, that the copy is, or will be, an infringing copy;

the person is guilty of an offence punishable upon conviction by:

(c) a fine not exceeding 15 penalty units and/or imprisonment for not more than 6 months, if the person is an individual; or

(d) a fine not exceeding 150 penalty units, if the person is a body corporate.

(2) For the purposes of this section, a transmission of a computer program that, when received and recorded, will result in the creation of a copy of the computer program shall be deemed to constitute the supply of a copy of the computer program at the place where the copy will be created.

(3) Prosecutions for offences against this section may be brought in the Federal Court of Australia or in any other court of competent jurisdiction.

Division 6
Miscellaneous
Limitation of Actions in Respect of Infringement of Copyright

134.-(1) An action shall not be brought for an infringement of copyright or in respect of the conversion or detention of an infringing copy, or of a device (including a circumvention device) used or intended to be used for making infringing copies, after the expiration of six years from the time when the infringement took place or the infringing copy or device was made, as the case may be.

(2) An action may not be brought under section 116A, 116B or 116C in respect of an act done by a person if more than 6 years have elapsed from the time when the act was done.

Affidavit Evidence

134A.-(1) Subject to subsection (2), at the trial of a proceeding, being:

(a) an action brought by virtue of this Part; or

(b) a prosecution for an offence against this Act;

evidence that:

(c) at a particular time, copyright subsisted in the work or other subject-matter to which the proceeding relates; or

(d) at a particular time, copyright in that work or subject-matter was owned by, or exclusively licensed to, a particular person; or

(e) at a particular time, copyright in that work or subject-matter was not owned by, or exclusively licensed to, a particular person; or

(f) a particular act was done without the licence of the owner of the copyright, or of the exclusive licensee of the copyright, in that work or subject-matter;

may be given by affidavit.

(2) If a party to a proceeding referred to in subsection (1) desires in good faith that the person who made an affidavit referred to in that subsection that is proposed to be used in the proceeding be cross-examined with respect to the matters in the affidavit, the affidavit may not be used in the proceeding unless the person appears as a witness for such cross-examination or the court in which the proceeding is being tried, in its discretion, permits the affidavit to be used without the person so appearing.

Division 7
Seizure of Imported Copies of Copyright Material
Interpretation

134B. In this Division:

CEO means the Chief Executive Officer of Customs.

copy, in relation to copyright material, means:

(a) if the copyright material is a work-an article in which the work is embodied; or

(b) if the copyright material is a sound recording, or a sound broadcast as recorded in a sound recording-a record embodying the sound recording; or

(c) if the copyright material is a cinematograph film or a television broadcast as recorded in a cinematograph film-an article in which the visual images or sounds comprising the film are embodied; or

(d) if the copyright material is a published edition of a work-an article in which the edition is embodied.

copyright material means:

(a) a work; or

(b) a sound recording; or

(c) a cinematograph film; or

(d) a published edition of a work; or

(e) a television or sound broadcast as recorded in a cinematograph film or a sound recording.

importer, in relation to copies of copyright material, includes a person who or which is, or holds himself, herself or itself out to be, the owner or importer of the goods comprising the copies.

objector, in relation to particular seized copies, means the person who gave the notice under subsection 135(2) as a result of the giving of which the copies were seized.

owner, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material.

seized copies means copies seized under subsection 135(7).

Restriction of Importation of Copies of Works etc.

135.-(1) In this section:

(a) a reference to Australia does not include a reference to the external Territories; and

(b) a reference to importation into Australia does not include a reference to importation from such a Territory.

(2) A person may give the CEO a written notice stating:

(a) that the person is the owner of the copyright in copyright material; and

(b) that the person objects to the importation into Australia of copies of the copyright material to which this section applies.

(3) A notice under subsection (2):

(a) is to be given together with any prescribed document; and

(b) is to be accompanied by the prescribed fee (if any).

(4) This section applies to a copy of copyright material if the making of the copy would, if it had been carried out in Australia by the person importing the copy, have constituted an infringement of the copyright in the copyright material.

(5) Unless it is revoked under subsection (6) or declared to be ineffective under subsection (6A), a notice under subsection (2) remains in force until:

(a) the end of the period of 2 years commencing on the day on which the notice was given; or

(b) the end of the period for which the copyright in the copyright material to which the notice relates is to subsist;

whichever is the earlier.

(6) A notice under subsection (2) may be revoked by written notice given to the CEO by the person who gave the first-mentioned notice or by a subsequent owner of the copyright in the copyright material to which the notice relates.

(6A) If the CEO believes, on reasonable grounds, that it is no longer appropriate to give effect to a notice given under subsection (2), the CEO may, by writing, declare the notice to be ineffective.

Note: Subsection 195B(3) requires the CEO to notify the person who gave the notice of the decision declaring the notice to be ineffective.

(7) If:

(a) a notice has been given under subsection (2) in respect of copyright material; and

(b) the notice has not been declared to be ineffective or revoked; and

(c) a person imports copies of the copyright material to which this section applies into Australia for the purpose of:

(i) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the copies; or

(ii) distributing the copies for the purpose of trade; or

(iii) distributing the copies for any other purpose to an extent that will affect prejudicially the owner of the copyright in the copyright material; or

(iv) by way of trade exhibiting the copies in public; and

(d) the copies are subject to the control of the Customs within the meaning of the Customs Act 1901;

the CEO may seize the copies.

(8) The regulations may make provision for or in relation to:

(a) the forms of notices under this section; and

(b) the times at which, and the manner in which, notices are to be given; and

(c) the giving of information and evidence to the CEO.

(9) The regulations may contain provisions similar to the provisions of this Division in relation to the importation into external Territories (other than importation from Australia or from another such Territory) of copies of copyright material.

(10) This Division does not apply to the importation into Australia of copies of copyright material whose importation does not constitute an infringement of copyright because of section 44A, 44D, 112A or 112D.

(10A) This Division does not apply to the importation into Australia of copies of copyright material whose importation does not constitute an infringement of copyright because of section 44C or 112C.

Security for Expenses of Seizure

135AA. The CEO may refuse to seize copies under subsection 135(7) unless:

(a) the objector has deposited with the CEO a sum of money that, in the opinion of the CEO, is sufficient to reimburse the Commonwealth for the reasonable expenses it is likely to incur as a result of the seizure of the copies; or

(b) the objector has given security, to the satisfaction of the CEO, for the reimbursement of the Commonwealth for those expenses.

Secure Storage of Seized Copies

135AB. Seized copies must be taken to such secure place as the CEO directs.

Notice of Seizure

135AC.-(1) As soon as is practicable after copies are seized under subsection 135(7), the CEO must give to the importer and the objector, either personally or by post, a written notice identifying the copies and stating that the identified copies have been seized.

(2) A notice under subsection (1) must also state:

(a) if it is given to the objector-the name, and (if known) the address of the place of business or residence, of the importer; and

(b) if it is given to the importer-the name, and the address of the place of business or residence, of:

(i) the objector; or

(ii) if the objector has nominated a person to be the objector's agent or representative for the purposes of this Division-that person; and

(c) in each case-that the copies will be released to the importer unless:

(i) an action for infringement of copyright in relation to the copies is instituted by the objector within a specified period from the day specified in the notice; and

(ii) a written notice stating that the action has been instituted is given to the CEO within that period.

(3) The period to be specified for the purposes of subparagraph (2) (c) (i) is the period prescribed for the purposes of that paragraph.

(4) The day specified for the purposes of subparagraph (2) (c) (i) must not be earlier than the day on which the notice is given.

(5) The objector may, by written notice given to the CEO before the end of the period specified in a notice for the purposes of subparagraph (2) (c) (i) (the retention period), request that the period be extended.

(6) Subject to subsection (7), if:

(a) a request is made in accordance with subsection (5); and

(b) the CEO is satisfied that it is reasonable that the request be granted;

the CEO may extend the retention period by such period as is prescribed.

(7) A decision on a request made in accordance with subsection (5) must be made within 24 hours after the request is made. However, such a decision cannot be made after the end of the retention period to which the request relates.

(8) The CEO may, at any time after the copies are seized, give to the objector:

(a) the name, and the address of the place of business or residence, of the person or body that made the arrangements, on behalf of the importer, for the copies to be brought to Australia or any information that the CEO has, and believes on reasonable grounds may help in identifying and locating that person or body; and

(b) any other information that the CEO has, and believes on reasonable grounds may be relevant for the purpose of identifying and locating the importer.

Inspection, Release etc. of Seized Copies

135AD.-(1) The CEO may permit the objector or the importer to inspect the seized copies.

(2) If the objector gives the CEO the requisite undertakings, the CEO may permit the objector to remove one sample of the seized copies from the custody of the CEO for inspection by the objector.

(3) If the importer gives the CEO the requisite undertakings, the CEO may permit the importer to remove one sample of the seized copies from the custody of the CEO for inspection by the importer.

(4) The requisite undertakings are undertakings in writing that the person giving the undertaking will:

(a) return the sample copy to the CEO at a specified time that is satisfactory to the CEO; and

(b) take reasonable care to prevent damage to the sample copy.

(5) If the CEO permits inspection of the seized copies, or the removal of a sample copy, by the objector in accordance with this section, the Commonwealth is not liable to the importer for any loss or damage suffered by the importer arising out of:

(a) damage to any of the seized copies incurred during that inspection; or

(b) anything done by the objector or any other person to, or in relation to, a sample copy removed from the custody of the CEO or any use made by the objector of such a sample copy.

Forfeiture of Seized Copies by Consent

135AE.-(1) Subject to subsection (2), the importer may, by written notice to the CEO, consent to the seized copies being forfeited to the Commonwealth.

(2) The notice must be given before any action for infringement of copyright in relation to the copies is instituted.

(3) If the importer gives such a notice, the copies are forfeited to the Commonwealth and must be disposed of:

(a) in the manner prescribed by the regulations; or

(b) if no manner of disposal is so prescribed-as the CEO directs.

Compulsory Release of Seized Copies to the Importer

135AF.-(1) The CEO must release seized copies (not being copies forfeited to the Commonwealth under section 135AE) to the importer on the expiration of the retention period for the copies if the objector has not, before the expiration of that period:

(a) instituted an action for infringement of the relevant copyright in respect of the copies; and

(b) given written notice to the CEO stating that the action has been instituted.

(2) For the purpose of subsection (1), the retention period for seized copies is:

(a) the period specified in a notice given under subsection 135AC(1) in respect of the copies; or

(b) if that period has been extended under subsection 135AC(6), that period as so extended.

(3) If:

(a) an action for infringement of copyright has been instituted in respect of seized copies; and

(b) at the end of a period of 3 weeks commencing on the day on which the action was instituted, there is not in force an order of the court in which the action was instituted preventing the release of the copies;

the CEO must release the copies to the importer.

(4) If the objector gives written notice to the CEO stating that he or she consents to the release of the seized copies, the CEO must release the copies to the importer.

(5) This section has effect subject to section 135AH.

Provision Relating to Actions for Infringement of Copyright

135AG.-(1) In this section, infringement action means an action for an infringement of copyright constituted by the importation of seized copies.

(2) The court in which an infringement action is pending may, on the application of a person having a sufficient interest in the subject-matter of the action, allow the person to be joined as a defendant to the action.

(3) The CEO is entitled to be heard on the hearing of an infringement action.

(4) In addition to any relief that may be granted apart from this section, the court may:

(a) at any time, order that the seized copies be released to the importer subject to such conditions (if any) as the court thinks fit; or

(b) order that the seized copies not be released to the importer before the end of a specified period; or

(c) order that the goods be forfeited to the Commonwealth.

(5) A court may not make an order under paragraph (4) (a) if it is satisfied that the CEO is required or permitted, under any other law of the Commonwealth, to retain control of the seized copies.

(6) The CEO must comply with an order made under subsection (4).

(7) If:

(a) the court decides that the relevant copyright was not infringed by the importation of the seized copies; and

(b) a defendant to the infringement action satisfies the court that he or she has suffered loss or damage as a result of the seizure of the copies;

the court may order the objector to pay to that defendant such amount as the court determines as compensation for any part of that loss or damage that is attributable to a period beginning on or after the day on which the action was commenced.

Retention of Control of Seized Copies

135AH. In spite of section 135AF, in a case in which no order has been made under subsection 135AG(4) in relation to seized copies, the CEO is not obliged to release or dispose of the copies if the CEO is required or permitted, under any other law of the Commonwealth, to retain control of the copies.

Disposal of Seized Copies Ordered to Be Forfeited

135AI. If a court orders that seized copies are to be forfeited to the Commonwealth, the copies must be disposed of:

(a) in the manner prescribed by the regulations; or

(b) if no manner of disposal is so prescribed-as the CEO directs.

Insufficient Security

135AJ.-(1) If the reasonable expenses incurred by the Commonwealth in relation to action taken by the CEO under this Division or taken in accordance with an order of a court under this Division exceed the amount deposited, or the amount of the security given, under section 135AA, the amount of the excess is a debt due to the Commonwealth.

(2) The debt created by subsection (1) is due:

(a) by the objector; or

(b) if there are 2 or more objectors, by the objectors jointly and severally.

Immunity of the Commonwealth

135AK. The Commonwealth is not liable for any loss or damage suffered by a person:

(a) because of the seizure of copies, or the failure of the CEO to seize copies, under this Division; or

(b) because of the release of any seized copies.

PART VAA
BROADCAST DECODING DEVICES
Division 1
Preliminary
Definitions

135AL. In this Part:

action means a proceeding of a civil nature between parties, and includes a counterclaim.

broadcast decoding device means a device (including a computer program) that is designed or adapted to enable a person to gain access to an encoded broadcast without the authorisation of the broadcaster by circumventing, or facilitating the circumvention of, the technical means or arrangements that protect access in an intelligible form to the broadcast.

broadcaster means a person who makes an encoded broadcast.

encoded broadcast means:

(a) a broadcast that is made available only to persons who have the prior authorisation of the broadcaster and only on payment by such persons of subscription fees (whether periodically or otherwise); or

(b) a broadcast (other than a radio broadcast or a broadcast to which paragraph (a) applies) delivered by a broadcasting service that is a commercial or national broadcasting service within the meaning of the Broadcasting Services Act 1992;

being a broadcast, access to which in an intelligible form is protected by a technical measure or arrangement (including a computer program).

Counterclaim

135AM. In the application of this Part in relation to a counterclaim, references to the defendant are to be read as references to the plaintiff.

Division 2
Action in Relation to Broadcast Decoding Devices
Actions in Relation to the Manufacture of and Dealing with
Broadcast Decoding Devices

135AN.-(1) Subject to subsection (2), this section applies if:

(a) a broadcaster makes an encoded broadcast; and

(b) a person does any of the following acts without the permission of the broadcaster:

(i) makes a broadcast decoding device;

(ii) sells, lets for hire, or by way of trade offers or exposes for sale or hire, a broadcast decoding device;

(iii) distributes a broadcast decoding device for the purpose of trade, or for any other purpose that will affect prejudicially the broadcaster;

(iv) exhibits a broadcast decoding device in public by way of trade;

(v) imports a broadcast decoding device into Australia for the purpose of:

(a) selling, letting for hire, or by way of trade offering or exposing for sale or hire, the device; or

(b) distributing the device for the purpose of trade, or for any other purpose that will affect prejudicially the broadcaster; or

(c) exhibiting the device in public by way of trade;

(vi) makes a broadcast decoding device available online to an extent that will affect prejudicially the broadcaster; and

(c) the person knew, or ought reasonably to have known, that the device would be used to enable a person to gain access to an encoded broadcast without the authorisation of the broadcaster.

(2) This section does not apply in relation to anything lawfully done for the purposes of law enforcement or national security by or on behalf of:

(a) the Commonwealth or a State or Territory; or

(b) an authority of the Commonwealth or of a State or Territory.

(3) Subject to subsection (8), if this section applies, the broadcaster may bring an action against the person.

(4) The relief that a court may grant in an action under this section includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.

(5) If, in an action under this section, the court is satisfied that it is proper to do so, having regard to:

(a) the flagrancy with which the defendant did any of the acts described in paragraph (1) (b); and

(b) any benefit shown to have accrued to the defendant as a result of making or dealing with the relevant broadcast decoding device; and

(c) all other relevant matters;

the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.

(6) If, in an action under this section, the court is satisfied that it is proper to do so, having regard to all relevant matters, the court may, by order, direct that the relevant broadcast decoding device be destroyed or otherwise dealt with as specified in the order.

(7) In an action under this section it must be presumed that the defendant knew, or ought reasonably to have known, that the broadcast decoding device would be used for the purpose referred to in paragraph (1) (c) unless the defendant proves otherwise.

(8) An action cannot be brought against a person under this section in respect of any act described in paragraph (1) (b) after the expiration of 6 years from the time when the person did the act.

Actions in Relation to the Use of Broadcast Decoding
Devices for Commercial Purposes

135ANA.-(1) Subject to subsection (2), this section applies if:

(a) a broadcaster makes an encoded broadcast; and

(b) a person uses, or authorises the use of, a broadcast decoding device to gain access to an encoded broadcast without the authorisation of the broadcaster; and

(c) the person so uses, or authorises the use of, the device for the purposes of, or in connection with, a trade or business carried on by, or in association with, the person; and

(d) the person knew, or ought reasonably to have known, that the broadcaster had not authorised the person to gain access to the broadcast by so using, or authorising the use of, the device.

(2) This section does not apply in relation to anything lawfully done for the purposes of law enforcement or national security by or on behalf of:

(a) the Commonwealth or a State or Territory; or

(b) an authority of the Commonwealth or of a State or Territory.

(3) Subject to subsection (7), if this section applies, the broadcaster may bring an action against the person.

(4) The relief that a court may grant in an action under this section includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.

(5) If, in an action under this section, the court is satisfied that it is proper to do so, having regard to:

(a) the flagrancy with which the defendant did an act described in paragraph (1) (b); and

(b) any benefit shown to have accrued to the defendant, or to the trade or business carried on by, or in association with, the defendant, as a result of the use of the broadcast decoding device; and

(c) all other relevant matters;

the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.

(6) If, in an action under this section, the court is satisfied that it is proper to do so, having regard to all relevant matters, the court may, by order, direct that the relevant broadcast decoding device be destroyed or otherwise dealt with as specified in the order.

(7) An action cannot be brought against a person under this section in respect of an act described in paragraph (1) (b) after the expiration of 6 years from the time when the person did the act.

Division 3
Jurisdiction and Appeals
Exercise of Jurisdiction

135AP. The jurisdiction of the Supreme Court of a State or Territory in an action under the Part is to be exercised by a single Judge of the Court.

Appeals

135AQ.-(1) Subject to subsection (2), a decision of a court of a State or Territory (however constituted) under this Part is final and conclusive.

(2) An appeal lies from a decision of a court of a State or Territory under this Part:

(a) to the Federal Court of Australia; or

(b) by special leave of the High Court, to the High Court.

Jurisdiction of Federal Court of Australia

135AR. Jurisdiction is conferred on the Federal Court of Australia with respect to actions under this Part.

Division 4
Offences
Offences

135AS.-(1) A person must not:

(a) make a broadcast decoding device; or

(b) sell, let for hire, or by way of trade offer or expose for sale or hire, a broadcast decoding device; or

(c) distribute a broadcast decoding device with the intention of trading, or engaging in any other activity that will affect prejudicially a broadcaster; or

(d) exhibit a broadcast decoding device in public by way of trade; or

(e) import a broadcast decoding device into Australia with the intention of:

(i) selling, letting for hire, or by way of trade, offering or exposing for sale or hire, the device; or

(ii) distributing the device for trading, or for engaging in any other activity that will affect prejudicially a broadcaster; or

(iii) exhibiting the device in public by way of trade; or

(f) make a broadcast decoding device available on-line to an extent that will affect prejudicially a broadcaster;

if the person knows, or is reckless as to whether, the device will be used to enable a person to gain access to an encoded broadcast without the authorisation of the broadcaster.

(2) Subsection (1) does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:

(a) the Commonwealth or a State or Territory; or

(b) an authority of the Commonwealth or of a State or Territory.

(3) The only burden of proof that a defendant bears in respect of subsection (2) is the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter in question existed.

(4) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.

Prosecutions

135AT.-(1) Prosecutions for offences against section 135AS may be brought in the Federal Court of Australia or in any other court of competent jurisdiction.

(2) Jurisdiction is conferred on the Federal Court of Australia to hear and determine prosecutions for offences against section 135AS.

Destruction etc. of Devices

135AU. The court before which a person is charged with an offence against section 135AS may, whether the person is convicted of the offence or not, order that any article in the possession of the person that appears to the court to be a broadcast decoding device be destroyed or otherwise dealt with in such manner as the court thinks fit.

PART VA
COPYING AND COMMUNICATION OF BROADCASTS
BY EDUCATIONAL AND OTHER INSTITUTIONS
Division 1
Preliminary
Interpretation

135A. In this Part:

administering body means a body administering an institution.

agreed notice means a remuneration notice specifying that the amount of equitable remuneration payable to the collecting society by the administering body giving the notice is to be assessed on the basis of an agreed system.

collecting society means the body that is, for the time being, declared to be the collecting society under section 135P.

institution means:

(a) an educational institution; or

(b) an institution assisting persons with an intellectual disability.

notice holder means the person who is, for the time being, appointed to be the notice holder under section 135T.

preview copy means a copy of a broadcast referred to in section 135F.

records notice means a remuneration notice specifying that the amount of equitable remuneration payable to the collecting society by the administering body giving the notice is to be assessed on the basis of a records system.

relevant copyright owner means the owner of the copyright in a work, a sound recording or a cinematograph film.

remuneration notice means a notice referred to in subsection 135G(1).

rules, in relation to the collecting society, means the provisions of the memorandum and articles of association of the society.

sampling notice means a remuneration notice specifying that the amount of equitable remuneration payable to the collecting society by the administering body giving the notice is to be assessed on the basis of a sampling system.

Copies and Communications of Broadcasts

135B. In this Part:

(a) a reference to a copy of a broadcast is a reference to a record embodying a sound recording of the broadcast or a copy of a cinematograph film of the broadcast; and

(b) a reference to the making of a copy of a broadcast is a reference to the making of a copy of the whole or a part of the broadcast; and

(c) a reference to the communication of a copy of a broadcast is a reference to the communication of a copy of the whole or a part of the broadcast.

Operation of Collecting Society Rules

135D. This Part applies to the collecting society despite anything in the rules of the society but nothing in this Part affects those rules so far as they can operate together with this Part.

Division 2
Copying and Communication of Broadcasts
Copying and Communication of Broadcasts by Educational Institutions etc.

135E.-(1) The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the making or communication, by or on behalf of an administering body, of a copy of the broadcast if:

(a) a remuneration notice, given by or on behalf of the administering body to the collecting society, is in force;

(b) where the copy or communication is made by, or on behalf of, a body administering an educational institution-the copy or communication is made solely for the educational purposes of the institution or of another educational institution;

(c) where the copy or communication is made by, or on behalf of, a body administering an institution assisting persons with an intellectual disability-the copy or communication is made solely for the purposes of use in the provision of assistance to persons with an intellectual disability by the institution or by another similar institution; and

(d) the administering body complies with subsection 135K(1) or (3), or section 135KA, as the case requires, in relation to the copy or communication.

(2) Where a copy, or communication of a copy, of a broadcast referred to in subsection (1):

(a) is used for a purpose other than a purpose referred to in paragraph (1) (b) or (c);

(b) is made, sold or otherwise supplied for a financial profit; or

(c) is given to an administering body when there is not in force a remuneration notice given by that body to the collecting society;

with the consent of the administering body by whom, or on whose behalf, it is made, subsection (1) does not apply, and shall be taken never to have applied, to the making of the copy or communication.

Making and Communication of Preview Copies

135F.-(1) The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the making of a preview copy of the broadcast.

(2) A copy of a broadcast is a preview copy if:

(a) the copy is made by, or on behalf of, an administering body;

(b) a remuneration notice, given by, or on behalf of, the administering body to the collecting society, is in force; and

(c) the copy is made and used solely for the purpose of enabling that body to decide whether or not the copy should be retained for the educational purposes of the institution administered by it, or for use in the provision of assistance to persons with an intellectual disability by the institution administered by it, as the case may be.

(3) Subject to this section, a preview copy shall be destroyed within 14 days after the day on which it was made (in this section called the preview period).

(4) A preview copy may be retained after the end of the preview period if:

(a) where the relevant institution is an educational
institution-the copy is retained solely for the educational purposes of the institution; or

(b) where the relevant institution is an institution assisting persons with an intellectual disability-the copy is retained solely for the purpose of use in the provision of assistance to such persons by the institution.

(5) Where a preview copy is retained under subsection (4), subsection 135E(1) applies in relation to the copy after the end of the preview period as if the copy had been made solely for a purpose referred to in paragraph 135E(1) (b) or (c).

(6) Where a preview copy is neither destroyed within the preview period nor retained under subsection (4), subsection (1) does not apply, and shall be taken never to have applied, to the making of the copy.

(7) The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the communication of a preview copy of the broadcast if:

(a) the communication is made solely to enable an administering body to decide whether or not that copy should be retained:

(i) for the educational purposes of the institution administered by it; or

(ii) for use in the provision of assistance to persons with an intellectual disability by the institution administered by it; and

(b) the communication is made only to the extent necessary for the purpose mentioned in paragraph (a); and

(c) the communication is made within the preview period.

Remuneration Notices

135G.-(1) An administering body may, by notice in writing given to the collecting society by it, or on its behalf, undertake to pay equitable remuneration to the society for:

(a) copies of broadcasts made by it, or on its behalf, while the notice is in force; and

(b) communications of such copies made by it, or on its behalf, while the notice is in force.

(2) A remuneration notice shall specify whether the amount of equitable remuneration is to be assessed on the basis of a records system, a sampling system or an agreed system.

(3) A remuneration notice comes into force on the day on which it is given to the collecting society, or on such later day as is specified in the notice, and remains in force until it is revoked.

Records Notices

135H.-(1) If a records notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:

(a) each copy of a broadcast made by, or on behalf of, the administering body while the notice is in force; and

(b) each communication of such a copy of a broadcast made by or on behalf of the administering body while the notice is in force;

is such amount as is determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(1A) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for the making, by or on behalf of that body, of a copy of a broadcast and for the communication by, or on behalf of that body, of a copy of the broadcast.

(2) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to:

(a) different classes of works, sound recordings or cinematograph films included in broadcasts;

(b) different institutions administered by the administering body; or

(c) different classes of students of an institution administered by the administering body.

(3) If:

(a) a broadcast is copied by, or on behalf of, an administering body, or is taken under this subsection to have been so copied; and

(b) the copy is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

(c) the copy remains so available online for longer than the prescribed period;

then, when that period ends:

(d) the broadcast is taken to have been copied again by, or on behalf of, the body; and

(e) the copy mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

(4) For the purposes of subsection (1), an amount of equitable remuneration must be determined (whether by agreement or by the Copyright Tribunal) having regard to:

(a) copies and communications to which paragraphs (3) (d) and (e) apply; and

(b) such matters (if any) as are prescribed; and

(c) such other matters (if any) as are relevant in the circumstances.

(5) In this section:

prescribed period means the period of 12 months, or if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (3), that other period.

Sampling Notices

135J.-(1) If a sampling notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:

(a) copies of broadcasts made by, or on behalf of, the administering body while the notice is in force; and

(b) communications of such copies made by, or on behalf of, the administering body while the notice is in force;

is such annual amount as is determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(1A) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for copies of broadcasts made by, or on behalf of, that body and for communications by, or on behalf of, that body of such copies.

(1B) If:

(a) a broadcast is copied by, or on behalf of, an administering body, or is taken under this subsection to have been so copied; and

(b) the copy is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

(c) the copy remains so available online for longer than the prescribed period;

then, when that period ends:

(d) the broadcast is taken to have been copied again by, or on behalf of, the body; and

(e) the copy mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

(2) The annual amount referred to in subsection (1) must be determined (whether by agreement or by the Copyright Tribunal) having regard to:

(a) copies and communications to which paragraphs (1B) (d) and (e) apply; and

(b) the extent to which other copies of broadcasts are made and communicated by, or on behalf of, the administering body in a particular period; and

(c) such matters (if any) as are prescribed; and

(d) such other matters (if any) as are relevant in the circumstances.

(3) The extent of copying of broadcasts and the communication of those copies, and any other matters that are necessary or convenient to be assessed by use of a sampling system, shall be assessed by use of a sampling system determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(4) For the purposes of subsection (1), different annual amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.

(5) Where:

(a) a sampling notice is given by, or on behalf of, an administering body to the collecting society; and

(b) during any period, the administering body does not comply with one or more of the requirements of the sampling system determined under this section in relation to the notice;

subsections 135E(1) and 135F(1) do not apply to any copy of a broadcast, or communication of a copy of a broadcast, made by, or on behalf of, the administering body during that period.

(6) In this section:

prescribed period means the period of 12 months, or if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (1B), that other period.

Agreed Notice

135JA.-(1) If an agreed notice is given by, or on behalf of an administering body, the amount of equitable remuneration payable to the collecting society by the administering body for:

(a) copies of broadcasts made by, or on behalf of, the administering body while the notice is in force; and

(b) communications of such copies made by, or on behalf of, the administering body while the notice is in force;

is an amount (whether an annual amount or otherwise) determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(2) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for copies of broadcasts made and communicated by, or on behalf of, that body.

(3) Subject to subsection (5), the matters and processes constituting an agreed system, and any matters that are necessary or convenient to be assessed or taken into account for the purposes of the system, must be determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(4) If:

(a) a broadcast is copied by, or on behalf of, an administering body, or is taken under this subsection to have been so copied; and

(b) the copy is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

(c) the copy remains so available online for longer than the prescribed period;

then, when that period ends:

(d) the broadcast is taken to have been copied again by, or on behalf of, the body; and

(e) the copy mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

(5) An agreed system (whether determined by agreement or by the Copyright Tribunal) must require the assessment of an amount of equitable remuneration by a method or process that takes account of copies and communications to which paragraphs (4) (d) and (e) apply.

(6) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.

(7) If:

(a) an agreed notice is given by, or on behalf of, an administering body to the collecting society; and

(b) during any period, the administering body does not comply with one or more of the requirements of the agreed system determined under this section in relation to the notice;

subsections 135E(1) and 135F(1) do not apply to any copy of a broadcast, or communication of a copy of a broadcast, made by, or on behalf of, the administering body during that period.

(8) In this section:

prescribed period means the period of 12 months or, if another period is agreed between the relevant administering body and collecting society for the purposes of subsection (4), that other period.

Marking and Record Keeping Requirements

135K.-(1) Where a records notice is given by, or on behalf of, an administering body, the body shall:

(a) mark, or cause to be marked, in accordance with the regulations, each copy in analog form of a broadcast made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept;

(b) make, or cause to be made, a record of each copying of a broadcast, and each communication of such a copy, carried out by it, or on its behalf, while the notice is in force, being a record containing such particulars as are prescribed;

(c) retain that record for the prescribed retention period after the making of the copy or communication to which it relates; and

(d) send copies of all such records to the collecting society in accordance with the regulations.

(2) A record of the kind referred to in paragraph (1) (b):

(a) may be kept in writing or in any other manner prescribed in the regulations; and

(b) if it is kept in writing, shall be in accordance with the prescribed form.

(3) Where a sampling notice is given by, or on behalf of, an administering body, the body shall mark, or cause to be marked, in accordance with the regulations, each copy in analog form of a broadcast made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept.

Notice Requirements in Respect of Communications

135KA. If a remuneration notice is given by, or on behalf of, an administering body to a collecting society in respect of communication of copies of broadcasts made by, or on behalf of, the body while the remuneration notice is in force, the body must, except in such circumstances (if any) as are prescribed:

(a) give a notice, in accordance with the regulations, in relation to each such communication made by it, or on its behalf, while the remuneration notice is in force, containing:

(i) statements to the effect that the communication has been made under this Part and that any work or other subject-matter contained in the communication might be subject to copyright protection under this Act; and

(ii) such other information or particulars (if any) as are prescribed; and

(b) in the case of each such communication made by it, or on its behalf, while the remuneration notice is in force-take all reasonable steps to ensure that the communication can only be received or accessed by persons entitled to receive or access it (for example, teachers or persons receiving educational instruction or other assistance provided by the relevant institution); and

(c) comply with such other requirements (if any) as are prescribed in relation to each such communication made by it, or on its behalf, while the remuneration notice is in force.

Inspection of Records etc.

135L.-(1) Where a remuneration notice is or has been in force, the collecting society may, in writing, notify the administering body which gave the notice that the society wishes, on a day specified in the notice, being an ordinary working day of the institution specified in the notice not earlier than 7 days after the day on which the notice is given, to do such of the following things as are specified in the notice:

(a) assess the amount of copying of broadcasts and communication of such copies carried out at the premises of the institution;

(b) inspect all the relevant records held at those premises that relate to the making and communication of copies of broadcasts in reliance on section 135E;

(c) inspect such other records held at those premises as are relevant to the assessment of the amount of equitable remuneration payable by the administering body to the society.

(2) Where the collecting society gives a notice, a person authorised in writing by the society may, during the ordinary working hours of the relevant institution on the day specified in the notice (but not before 10 a.m. or after 3 p.m.), carry out the assessment, or inspect the records, to which the notice relates and, for that purpose, may enter the premises of the institution.

(3) An administering body shall take all reasonable precautions, and exercise reasonable diligence, to ensure that a person referred to in subsection (2) who attends at the premises of an institution administered by the body for the purpose of exercising the powers conferred by that subsection is provided with all reasonable and necessary facilities and assistance for the effective exercise of those powers.

(4) An administering body that contravenes subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding $500.

Revocation of Remuneration Notice

135M. A remuneration notice may be revoked at any time by the relevant administering body by notice in writing given to the collecting society, and the revocation takes effect at the end of 3 months after the date of the notice or on such later day as is specified in the notice.

Request for Payment of Equitable Remuneration

135N.-(1) Subject to this section, where a remuneration notice is or has been in force, the collecting society may, by notice in writing given to the administering body which gave the notice, request the body to pay to the society, within a reasonable time after the date of the notice, the amount of equitable remuneration specified in the notice, being an amount payable under section 135H, 135J or 135JA, as the case may be, for copies of broadcasts and communications of such copies made by, or on behalf of, the body while the remuneration notice is or was in force.

(3) If an amount specified in a request under subsection (1) is not paid in accordance with the request, it may be recovered from the relevant administering body by the collecting society in the Federal Court of Australia or any other court of competent jurisdiction as a debt due to the society.

(4) Jurisdiction is conferred on the Federal Court of Australia with respect to actions under subsection (3).

Division 3
The Collecting Society
The Collecting Society

135P.-(1) Subject to this section, the Attorney-General may, by notice in the Gazette, declare a body named in the notice to be the collecting society.

(2) The Attorney-General shall not name more than one body in a declaration and shall not make a declaration while an earlier declaration is in force.

(3) The Attorney-General shall not declare a body to be the collecting society unless:

(a) it is a company limited by guarantee and incorporated under a law in force in a State or Territory relating to companies;

(b) all relevant copyright owners, or their agents, are entitled to become its members;

(c) its rules prohibit the payment of dividends to its members; and

(d) its rules contain such other provisions as are prescribed, being provisions necessary to ensure that the interests of the collecting society's members who are relevant copyright owners or their agents are protected adequately, including, in particular, provisions about:

(i) the collection of amounts of equitable remuneration payable by administering bodies under section 135H, 135J or 135JA;

(ii) the payment of the administrative costs of the society out of amounts collected by it;

(iii) the distribution of amounts collected by it;

(iv) the holding on trust by the society of amounts for relevant copyright owners who are not its members; and

(v) access to records of the society by its members.

Revocation of Declaration

135Q. The Attorney-General may, by notice in the Gazette, revoke the declaration of a body as the collecting society if satisfied that the body:

(a) is not functioning adequately as the collecting society;

(b) is not acting in accordance with its rules or in the best interests of those of its members who are relevant copyright owners or their agents;

(c) has altered its rules so that they no longer comply with paragraphs 135P(3) (c) and (d); or

(d) has refused or failed, without reasonable excuse, to comply with section 135R or 135S.

Annual Report and Accounts

135R.-(1) The collecting society shall, as soon as practicable after the end of each financial year, prepare a report of its operations during that financial year and send a copy of the report to the Attorney-General.

(2) The Attorney-General shall cause a copy of the report sent to the Attorney-General under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the receipt of the report by the Attorney-General.

(3) The society shall keep accounting records correctly recording and explaining the transactions of the society (including any transactions as trustee) and the financial position of the society.

(4) The accounting records shall be kept in such a manner as will enable true and fair accounts of the society to be prepared from time to time and those accounts to be conveniently and properly audited.

(5) The society shall, as soon as practicable after the end of each financial year, cause its accounts to be audited by an auditor who is not a member of the society, and shall send to the Attorney-General a copy of its accounts as so audited.

(6) The society shall give its members reasonable access to copies of all reports and audited accounts prepared under this section.

(7) This section does not affect any obligations of the society relating to the preparation and lodging of annual returns or accounts under the law under which it is incorporated.

Amendment of Rules

135S. The collecting society shall, within 21 days after it alters its rules, send a copy of the rules as so altered to the Attorney-General, together with a statement setting out the effect of the alteration and the reasons why it was made.

Division 4
Interim Copying
Appointment of Notice Holder

135T. The Attorney-General may, by notice in the Gazette, appoint a person to be the notice holder for the purposes of this Division.

Copying Before Declaration of Collecting Society

135U.-(1) The copyright in a broadcast, or in any work, sound recording or cinematograph film included in a broadcast, is not infringed by the making, by or on behalf of an administering body, of a copy of the broadcast if:

(a) at the time the copy is made, the first collecting society has not been declared;

(b) a notice given by the administering body to the notice holder under subsection 135W(1) is in force;

(c) where the copy is made by, or on behalf of, a body administering an educational institution-the copy is made solely for the educational purposes of the institution or of another educational institution;

(d) where the copy is made by, or on behalf of a body administering an institution assisting persons with an intellectual disability-the copy is made solely for the purposes of use in the provision of assistance to persons with an intellectual disability by the institution or by another similar institution; and

(e) the administering body complies with paragraphs 135K(1) (a), (b) and (c) or subsection 135K(3), in so far as those provisions apply.

(2) Where a copy of a broadcast referred to in subsection (1):

(a) is used for a purpose other than a purpose referred to in paragraph (1) (c) or (d);

(b) is made, sold or otherwise supplied for a financial profit; or

(c) is given to an administering body when there is not in force a notice given by that body to the notice holder under subsection 135W(1);

with the consent of the administering body by whom, or on whose behalf, it is made, subsection (1) does not apply, and shall be taken never to have applied, to the making of the copy.

Preview Copies

135V. Section 135F applies to the making of preview copies of broadcasts before the first collecting society is declared as if:

(a) the reference in paragraph 135F(2) (b) to a remuneration notice given by an administering body to the collecting society were a reference to a notice under subsection 135W(1) given by the administering body to the notice holder; and

(b) the references in subsection 135F(5) to subsection 135E(1), and paragraphs 135E(1) (b) and (c), were references to subsection 135U(1), and paragraphs 135U(1) (c) and (d), respectively.

Notices by Administering Bodies

135W.-(1) An administering body may at any time before the declaration of the first collecting society, by notice in writing given to the notice holder, undertake to pay equitable remuneration to the collecting society, when it is declared, for copies of broadcasts made by, or on behalf of, the administering body while the notice is in force.

(2) A notice shall specify whether the amount of equitable remuneration is to be assessed on the basis of a records system or a sampling system.

(3) A notice comes into force on the day on which it is given to the notice holder, or on such later day as is specified in the notice, and remains in force until it is revoked.

(4) A notice may be revoked at any time by the relevant administering body by notice in writing given to the notice holder, and the revocation takes effect on the date of the notice of revocation or on such later date as is specified in it.

Marking and Record Keeping Requirements

135X.-(1) Where an administering body gives a notice under subsection 135W(1) that specifies that the amount of equitable remuneration is to be assessed on the basis of a records system, paragraphs 135K(1) (a), (b) and (d) and subsection 135K(2) apply as if:

(a) the reference to the collecting society were a reference to the notice holder; and

(b) references to a records notice were references to the notice under subsection 135W(1).

(2) Where an administering body gives a notice under subsection 135W(1) that specifies that the amount of equitable remuneration is to be assessed on the basis of a sampling system, subsection 135K(3) applies as if:

(a) the reference to the collecting society were a reference to the notice holder; and

(b) references to a sampling notice were references to the notice under subsection 135W(1).

Effect of Declaration of Collecting Society

135Y.-(1) Where the first collecting society is declared, a notice given by an administering body to the notice holder under subsection 135W(1) and in force immediately before that declaration shall, on and after that declaration, be taken, for the purposes of this Part, to be a records notice or a sampling notice, as the case may be, given by that body to the collecting society, being a records notice or sampling notice that came into force on the day on which the notice came into force.

(2) Where a notice is to be taken under this section to be a records notice, the relevant administering body shall cause copies of all records made under paragraph 135K(1) (b) on or after the day on which the notice is taken to have come into force to be sent to the collecting society within 21 days after the declaration of the collecting society.

Division 5
Miscellaneous
Relevant Copyright Owner May Authorise Copying etc.

135Z. Nothing in this Part affects the right of the owner of the copyright in a broadcast, or in a work, sound recording or cinematograph film included in a broadcast, to grant a licence authorising an administering body to make, or cause to be made, a copy of the broadcast, sound recording or film, or a reproduction of the work and to communicate, or cause to be communicated, that copy or reproduction, without infringing that copyright.

Copyright Not to Vest in Copier

135ZA. Despite any other provision of this Act, the making or communication of a copy of a broadcast by, or on behalf of, an administering body that is not an infringement of copyright under this Part, does not vest copyright in any work or other subject-matter in any person.

PART VB
REPRODUCING AND COMMUNICATING WORKS ETC.
BY EDUCATIONAL AND OTHER INSTITUTIONS
Division 1
Preliminary
Interpretation

135ZB. In this Part:

administering body means a body administering an institution.

collecting society means a body that is, for the time being, declared to be a collecting society under section 135ZZB.

electronic use notice means a remuneration notice specifying that the amount of remuneration payable in respect of licensed copies in electronic form, or licensed communications, made by, or on behalf of, the administering body giving the notice is to be assessed on the basis of an electronic use system.

eligible item has the meaning given by section 135ZC.

institution means:

(a) an educational institution;

(b) an institution assisting persons with a print disability; or

(c) an institution assisting persons with an intellectual disability.

licensed communication means a communication made by, or on behalf of, a body administering an institution in reliance on section 135ZMC, 135ZMD, 135ZP or 135ZS.

licensed copy means:

(a) a reproduction of the whole or a part of the work, being a reproduction that is made by, or on behalf of, a body administering an educational institution in reliance on section 135ZJ, 135ZK, 135ZL, 135ZMC or 135ZMD;

(b) a record embodying a sound recording of the whole or a part of a literary or dramatic work, or a Braille version, a large-print version, a photographic version or an electronic version of the whole or a part of such a work, being a record or version made by, or on behalf of, a body administering an institution assisting persons with a print disability in reliance on section 135ZP; or

(c) a copy of the whole or a part of an eligible item, being a copy made by, or on behalf of, a body administering an institution assisting persons with an intellectual disability in reliance on section 135ZS.

records notice means a remuneration notice specifying that the amount of equitable remuneration payable in respect of licensed copies made in hardcopy form or analog form by, or on behalf of, the administering body giving the notice is to be assessed on the basis of a records system.

relevant collecting society, in relation to a remuneration notice, means the collecting society for the owners of the copyright in works, or other subject-matter, of the same kind as that to which the remuneration notice relates.

relevant copyright owner means the owner of the copyright in a work or an eligible item other than a work.

remuneration notice means a notice referred to in subsection 135ZU(1).

rules, in relation to a collecting society, means the provisions of the memorandum and articles of association of the society.

sampling notice means a remuneration notice specifying that the amount of equitable remuneration payable in respect of licensed copies made in hardcopy form or analog form by, or on behalf of, the administering body giving the notice is to be assessed on the basis of a sampling system.

Eligible Items and Photographic Versions

135ZC. In this Part:

(a) a reference to an eligible item is a reference to:

(i) a published literary, dramatic, musical or artistic work;

(ii) a published sound recording or cinematograph film; or

(iii) a work referred to in subparagraph (i) that is included in a sound broadcast;

(b) a reference to a copy of an eligible item, being a literary, dramatic or musical work, is a reference to any of the following:

(i) a reproduction of the work in a material form;

(ii) an adaptation of the work;

(iii) a reproduction in a material form of an adaptation of the work;

(c) a reference to a copy of an eligible item, being an artistic work, is a reference to a reproduction in a material form of the work;

(d) a reference to a copy of an eligible item, being a sound recording or a cinematograph film, is a reference to a copy of the sound recording or cinematograph film; and

(e) a reference to a photographic version of a work or a part of a work is a reference to a copy of the work or part of the work produced as a film-strip, or series of separate transparencies, designed to meet the needs of persons with a print disability.

Part Does Not Apply to Computer Programs

135ZE. Nothing in this Part applies in relation to a literary work, being a computer program or a compilation of computer programs.

Operation of Collecting Society Rules

135ZF. This Part applies to a collecting society despite anything in the rules of the society but nothing in this Part affects those rules so far as they can operate together with this Part.

Licensed Communications

135ZFA. For the purposes of this Part, a reference to a licensed communication of a work, or part of a work, or other subject-matter includes a reference to a licensed communication of a licensed copy of the work or other subject-matter.

Division 2
Reproduction by Educational Institutions of Works
that are in Hardcopy Form
Application of Division

135ZGA.-(1) This Division applies in relation to the reproduction of a work (including an article contained in a periodical publication), or part of a work, and to the copying of a published edition of a work, or part of such an edition, only if the reproduction or copy is made from a document that is in hardcopy form.

(2) For the purposes of this Division:

(a) a reference to a reproduction of a work (including an article contained in a periodical publication), or a part of a work, is to be read as a reference to a reproduction of that work or part made from a document that is in hardcopy form; and

(b) a reference to a facsimile copy of a printed published edition of a work, or part of such an edition, is to be read as a reference to a facsimile copy of that edition or part made from a document that is in hardcopy form.

Multiple Reproduction of Insubstantial Parts of
Works that Are in Hardcopy Form

135ZG.-(1) Subject to this section, copyright in a literary or dramatic work is not infringed by the making of one or more reproductions of a page or pages of the work in an edition of the work if the reproduction is carried out on the premises of an educational institution for the purposes of a course of education provided by it.

(2) Subsection (1) does not apply to the making of a reproduction of the whole of a work.

(3) Subsection (1) does not apply to the making of a reproduction of more than 2 of the pages of a work in an edition of the work unless:

(a) there are more than 200 pages in the edition; and

(b) the total number of pages so reproduced does not exceed 1% of the total number of pages in the edition.

(4) Where:

(a) a person makes, or causes to be made, a reproduction of a part of a work contained on a page or pages in an edition; and

(b) subsection (1) applies to the making of that reproduction;

that subsection does not apply to the making, by or on behalf of that person, of a reproduction of any other part of that work within 14 days after the day on which the previous reproduction was made.

(5) In this section, a reference to an edition of a work includes a reference to an edition of works that include that work.

Copying of Printed Published Editions by Educational Institutions

135ZH. The copyright in a printed published edition of a work (being a work in which copyright does not subsist) is not infringed by the making of one or more facsimile copies of the whole or a part of the edition, if the copy, or each of the copies, is made in the course of the making of a reproduction of the whole or a part of the work by, or on behalf of, a body administering an educational institution for the educational purposes of that institution or of another educational institution.

Multiple Reproduction of Printed Periodical
Articles by Educational Institutions

135ZJ.-(1) Subject to this section, the copyright in an article contained in a printed periodical publication is not infringed by the making of one or more reproductions of the whole or a part of that article by, or on behalf of, a body administering an educational institution if:

(a) a remuneration notice, given by or on behalf of the body to the relevant collecting society, is in force;

(b) the reproduction is carried out solely for the educational purposes of the institution or of another educational institution; and

(c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each reproduction.

(2) This section does not apply in relation to reproductions of, or of parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.

Multiple Reproduction of Works Published in Printed Anthologies

135ZK. The copyright in a literary or dramatic work, being a work contained in a printed published anthology of works and comprising not more than 15 pages in that anthology, is not infringed by the making of one or more reproductions of the whole or part of the work by, or on behalf of, a body administering an educational institution if:

(a) a remuneration notice given by, or on behalf of, the body to the relevant collecting society is in force; and

(b) the reproduction is carried out solely for the educational purposes of the institution or of another educational institution; and

(c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each reproduction.

Multiple Reproduction of Works That Are in
Hardcopy Form by Educational Institutions

135ZL.-(1) Subject to this section, the copyright in a literary, dramatic, musical or artistic work (other than an article contained in a periodical publication) is not infringed by the making of one or more reproductions of the whole or a part of the work by, or on behalf of, a body administering an educational institution if:

(a) a remuneration notice, given by or on behalf of the body to the relevant collecting society, is in force;

(b) the reproduction is carried out solely for the educational purposes of the institution or of another educational institution; and

(c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each reproduction.

(2) This section does not apply in relation to reproductions of the whole, or of more than a reasonable portion, of a work that has been separately published unless the person who makes the reproductions, or causes the reproductions to be made, for, or on behalf of, the body is satisfied, after reasonable investigation, that reproductions (other than second-hand reproductions) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

Application of Division to Certain Illustration
That Are in Hardcopy Form

135ZM.-(1) Where an article or other literary, dramatic or musical work is accompanied by an artistic work or artistic works provided for the purpose of explaining or illustrating the article or other work, the preceding sections of this Division apply as if:

(a) where any of those sections provides that the copyright in the article or other work is not infringed-the reference to that copyright included a reference to any copyright in that artistic work or those artistic works;

(b) a reference to a reproduction of an article or other work included a reference to a reproduction of the article or other work together with a reproduction of that artistic work or those artistic works;

(c) a reference to a reproduction of a part of an article or other work included a reference to a reproduction of that part of the article or other work together with a reproduction of the artistic work or artistic works provided for the purpose of explaining or illustrating that part;

(d) a reference to a reproduction of a page of a literary or dramatic work in an edition of the work included a reference to a reproduction of a page in such an edition that contained that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work; and

(e) a reference to a reproduction of pages of a literary or dramatic work in an edition of the work included a reference to a reproduction of pages in such an edition that contained a part of that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work.

(2) If:

(a) any remuneration is paid under this Part in respect of a page of a document that is:

(i) a reproduction of the whole or a part of an article (other than a part that is an artistic work) contained in a periodical publication; or

(ii) a reproduction of the whole or a part of a literary or dramatic work contained in a published anthology of works; or

(iii) a reproduction of the whole or a part of a literary, dramatic or musical work other than an article contained in a periodical publication; and

(b) the making of the page is not an infringement of the copyright in the article or work because of section 135ZJ, 135ZK or 135ZL; and

(c) the page includes an artistic work or artistic works provided for the purpose of explaining or illustrating the article or work;

the following paragraphs apply:

(d) one-half of the remuneration paid in respect of the making of the page is to be paid to the owner, or divided equally among the owners, of the copyright in the literary, dramatic or musical work or works which, or a part of which, appear on the page; and

(e) one-half of that remuneration is to be paid to the owner, or divided equally among the owners, of the copyright in the artistic work or artistic works which, or a part of which, appear on the page.

Division 2A
Reproduction and Communication of Works
That Are in Electronic Form
Application of Division

135ZMA.-(1) This Division applies in relation to the reproduction of a work (including articles contained in periodical publications) or part of a work, only if the reproduction is made from an electronic form of the work.

(2) For the purposes of this Division, a reference to a reproduction of a work (including an article contained in a periodical publication), or a part of a work, is to be read as a reference to a reproduction made from an electronic form of the work or part.

Multiple Reproduction and Communication of Insubstantial Parts
of Works That Are in Electronic Form

135ZMB.-(1) Subject to this section, copyright in a published literary or dramatic work is not infringed by:

(a) the making of one or more reproductions of a part of the work; or

(b) communicating a part of the work;

if the reproduction or communication is carried out on the premises of an educational institution for the purposes of a course of study provided by it.

(2) Subsection (1) does not apply to the reproduction or communication of more than 1% of the total number of words in the work.

(3) If:

(a) a person makes, or causes to be made, a reproduction of a part of a work or communicates a part of a work; and

(b) subsection (1) applies to the making of the reproduction or to the communication;

that subsection does not apply to the making by, or on behalf of, that person of a reproduction or to the communication by that person, of any other part of that work within 14 days after the day on which the previous reproduction or the first communication of the work was made.

(4) If:

(a) a person communicates a part of a work by making the part available online; and

(b) subsection (1) applies to the communication;

that subsection does not apply to the making available online by that person of any other part of that work while the part previously made available online continues to be so available.

Multiple Reproduction and Communication of Periodical
Articles That Are in Electronic Form by Education Institutions

135ZMC.-(1) Subject to this section, the copyright in an article contained in a periodical publication is not infringed by:

(a) the making of one or more reproductions of the whole or a part of the article; or

(b) the communication of the whole or a part of the article;

by, or on behalf of, a body administering an educational institution if:

(c) a remuneration notice given by, or on behalf of, the body to the relevant collecting society is in force; and

(d) the reproduction or communication is carried out solely for the educational purposes of the institution or of another educational institution; and

(e) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each reproduction or communication.

(2) This section does not apply in relation to the reproduction or communication of, or of parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject-matter.

Multiple Reproduction and Communication of Works
That Are in Electronic Form by Educational Institutions

135ZMD.-(1) Subject to this section, the copyright in a literary, dramatic, musical or artistic work (other than an article contained in a periodical publication) is not infringed by:

(a) the making of one or more reproductions of the whole or a part of the work; or

(b) the communication of the whole or a part of the work;

by, or on behalf of, a body administering an educational institution if:

(c) a remuneration notice given by, or on behalf of, the body to the relevant collecting society is in force; and

(d) the reproduction or communication is carried out solely for the educational purposes of the institution or of another educational institution; and

(e) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each reproduction or communication.

(2) This section does not apply in relation to the reproduction or communication of:

(a) the whole, or of more than a reasonable portion of, a literary or dramatic work; or

(b) the whole, or of more than 10% of, a musical work;

that has been separately published unless the person who makes the reproduction or communication, or causes it to be made, for, or on behalf of, the body is satisfied, after reasonable investigation, that the work is not available in electronic form within a reasonable time at an ordinary commercial price.

(3) If:

(a) a person communicates a part of a work by or on behalf of a body administering an educational institution, by making the part available online; and

(b) subsection (1) applies to the communication;

that subsection does not apply to the making available online by, or on behalf of, that body of any other part of that work while the part previously made available online continues to be so available.

Application of Division to Certain Illustrations
in Electronic Form

135ZME.-(1) If an article or other literary, dramatic or musical work that is in electronic form is accompanied by an artistic work or artistic works in electronic form provided for the purpose of explaining or illustrating the article or other work, the preceding sections of this Division apply as if:

(a) where any of those sections provides that the copyright in the article or other work is not infringed-the reference to that copyright included a reference to any copyright in the artistic work or artistic works; and

(b) a reference to a reproduction or communication of an article or other work included a reference to a reproduction or communication of the article or other work together with a reproduction or communication of the artistic work or artistic works; and

(c) a reference to a reproduction or communication of a part of an article or other work included a reference to a reproduction or communication of that part of the article or other work together with a reproduction or communication of the artistic work or artistic works provided for the purpose of explaining or illustrating that part.

(2) If:

(a) remuneration is paid under this Part in respect of:

(i) the reproduction or communication of the whole or part of an article (other than a part that is an artistic work) contained in a periodical publication; or

(ii) the reproduction or communication of the whole or part of a literary, dramatic or musical work, other than an article contained in a periodical publication; and

(b) the reproduction or communication is not an infringement of the copyright in the article or work because of section 135ZMC or 135ZMD; and

(c) the reproduction that is made or communicated includes an artistic work or artistic works provided for the purpose of explaining or illustrating the article or work;

the amount of the remuneration must be divided among the owner or owners of the copyright in the artistic work or artistic works and the owner or owners of the copyright in the article or other literary, dramatic or musical work or works.

(3) The division of an amount of remuneration under subsection (2) is to be carried out as agreed between the relevant copyright owners or, failing such agreement, as determined by the Copyright Tribunal on application made by any of them.

Division 3
Reproduction and Communication of Works by Institutions
Assisting Persons with a Print Disability
Copying Published Editions by Institutions
Assisting Persons with a Print Disability

135ZN. The copyright in a published edition of a work (being a work in which copyright does not subsist) is not infringed by the making of one or more facsimile copies of the whole or a part of the edition if the copy, or each of the copies, is made in the course of the making of a reproduction of the whole or a part of the work by, or on behalf of, a body administering an institution assisting persons with a print disability for use in the provision, whether by the institution or otherwise, of assistance to such persons.

Multiple Reproduction and Communication of Works
by Institutions Assisting Persons with a Print Disability

135ZP.-(1) The copyright in a literary or dramatic work is not infringed by the making or communication by, or on behalf of, a body administering an institution assisting persons with a print disability of one or more records embodying a sound recording of the work or of a part of the work if:

(a) a remuneration notice, given by or on behalf of the body to the relevant collecting society, is in force;

(b) each record is made, or each communication is carried out solely for the purpose of use in the provision, whether by the institution or otherwise, of assistance to persons with a print disability; and

(c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each copy or communication.

(2) The copyright in a published literary or dramatic work is not infringed by the making or communication by, or on behalf of, a body administering an institution assisting persons with a print disability, of one or more Braille versions, large-print versions, photographic versions or electronic versions of the work or of a part of the work if:

(a) a remuneration notice given by, or on behalf of, the body to the relevant collecting society is in force; and

(b) each version is made, or each communication is carried out, solely for the purpose of the provision, whether by the institution or otherwise of assistance to persons with a print disability; and

(c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to each version or communication.

(3) Where a sound recording of a work has been published, subsection (1) does not apply to the making of any record embodying a sound recording of the work (including a record that is a copy of that first-mentioned sound recording) for, or on behalf of, a body administering an institution assisting persons with a print disability unless the person who makes that record, or causes that record to be made, is satisfied, after reasonable investigation, that no new record that embodies only a sound recording of the work can be obtained within a reasonable time at an ordinary commercial price.

(4) Where a Braille version of a work has been separately published, subsection (2) does not apply to the making of a Braille version of the work, or of a part of the work, unless the person who makes that version, or causes that version to be made, for, or on behalf of, a body administering an institution assisting persons with a print disability is satisfied, after reasonable investigation, that no new copy of a Braille version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.

(5) Where a large-print version of a work has been separately published, subsection (2) does not apply to the making of a large-print version of the work, or of a part of the work, unless the person who makes the version, or causes the version to be made, for, or on behalf of, a body administering an institution assisting persons with a print disability is satisfied, after reasonable investigation, that no new copy of a large-print version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.

(6) Where a photographic version of a work has been separately published, subsection (2) does not apply to the making of a photographic version of the work, or of a part of the work, unless the person who makes the version, or causes the version to be made, for, or on behalf of, a body administering an institution assisting persons with a print disability is satisfied, after reasonable investigation, that no new copy of a photographic version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price.

(6A) Subsection (2) does not apply to the making or communication of an electronic version of the work, or of a part of the work, unless the person who makes or communicates the version, or causes the version to be made, or communicated, for, or on behalf of, a body administering an institution assisting persons with a print disability is satisfied, after reasonable investigation, that an electronic version of the work, being a version that has been separately published, is not available within a reasonable time at an ordinary commercial price.

(7) For the purposes of this section, a record or a version shall be taken to be a new record or version if it is not second-hand.

Making of Relevant Reproductions and Relevant
Communications by Institutions Assisting Persons with a Print Disability

135ZQ.-(1) Subject to this section, the copyright in a published literary or dramatic work is not infringed by the making by, or on behalf of, a body administering an institution assisting persons with a print disability, of a relevant reproduction or a relevant communication of the work, or of a part of the work, if the reproduction or communication is made solely for use in the making by, or on behalf of that body, of a reproduction or communication of the work, or of a part of the work, under section 135ZP for a person with a print disability.

(2) If:

(a) a relevant reproduction or a relevant communication of a work, or of a part of a work, is made by, or on behalf of, a body administering an institution assisting persons with a print disability; and

(b) the reproduction or communication is used otherwise than for use in the making by, or on behalf of that body, of a reproduction or communication of the work, or a part of the work, under section 135ZP for a person with a print disability;

subsection (1) does not apply, and is taken to never have applied, to the making of the relevant reproduction or relevant communication.

(3) Subsection (1) does not apply to the making of a relevant reproduction, being a record embodying a sound recording in analog form, of a work, or of a part of a work, unless, at the time the record was made, there was embodied on the record, immediately before the beginning of that sound recording, a sound recording of the prescribed message.

(4) Subsection (1) does not apply to the making of a relevant reproduction in hardcopy form of a work, or of a part of a work, unless the body by whom, or on whose behalf, the relevant reproduction is made marks it, or causes it to be marked, in accordance with the regulations.

(4A) Subsection (1) is to be taken never to have applied to the making of a relevant reproduction or relevant communication of a work, or of a part of a work, if, within 3 months after the relevant reproduction or relevant communication was made, the body by whom, or on whose behalf, the relevant reproduction or relevant communication was made has not given to a collecting society (if any) a notice of the making of the relevant reproduction or relevant communication.

(4B) The notice referred to in subsection (4A) must be in writing and must specify:

(a) the name of the body; and

(b) the work, or the part of the work, reproduced or communicated; and

(c) the date on which the reproduction or communication was made.

(4C) The copyright in a published literary or dramatic work is infringed by a person who does any of the acts specified in section 38 in relation to a relevant reproduction of a work, or of a part of a work, if the person knows, or ought reasonably to have known, that the reproduction was made solely for use in the making by, or on behalf of, a body administering an institution assisting persons with a print disability of a copy of the work, or of a part of the work, as the case may be, for a person with a print disability.

(5) In this section:

relevant communication, in relation to a work or part of a work, means:

(a) the communication of a sound recording of the work, or part of the work; or

(b) the communication of an electronic version of the work.

relevant reproduction, in relation to a work or part of a work, means:

(a) a reproduction of the work, or part of the work; or

(b) a record embodying a sound recording of the work, or part of the work; or

(c) a Braille version, a large-print version, a photographic version or an electronic version of the work, or part of the work.

Division 4
Reproduction and Communication of Works etc.
by Institutions Assisting Persons with an Intellectual Disability
Copying of Published Editions by Institutions Assisting
Persons with an Intellectual Disability

135ZR. The copyright in a published edition of a work (being a work in which copyright does not subsist) is not infringed by the making of one or more facsimile copies of the whole or a part of the edition in the course of making one or more reproductions of the whole or a part of the work by, or on behalf of, a body administering an institution assisting persons with an intellectual disability for use in the provision, whether by the institution or otherwise, of assistance to such persons.

Copying and Communication of Eligible Items
by Institutions Assisting Persons with an Intellectual Disability

135ZS.-(1) The copyright in an eligible item, or in any work or other subject-matter included in an eligible item, is not infringed by the making or communication by, or on behalf of, a body administering an institution assisting persons with an intellectual disability of a copy of the whole or a part of the eligible item if:

(a) a remuneration notice, given by or on behalf of the body to the relevant collecting society, is in force; and

(b) the copying or communication is carried out solely for the purpose of use in the provision, whether by the institution or otherwise, of assistance to persons with an intellectual disability; and

(c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as the case requires, in relation to the copy or communication.

(2) Subsection (1) does not apply to the making or communication of a copy of the whole or a part of:

(a) an eligible item, being a work that has been separately published in a form that would be suitable for use in the provision of the assistance referred to in that subsection; or

(b) an eligible item that is not a work;

unless the person who makes the copy or communication, or causes the copy or communication to be made, is satisfied after reasonable investigation that:

(c) in the case of an eligible item referred to in paragraph (a) -no new copy of the eligible item in a form suitable for use in the provision of that assistance can be obtained or is available electronically within a reasonable time at an ordinary commercial price; or

(d) in the case of an eligible item referred to in paragraph (b) -no new copy of the eligible item alone can be obtained or is available electronically within a reasonable time at an ordinary commercial price.

(3) For the purposes of this section, a copy shall be taken to be new if it is not second-hand.

Making of Copies etc. for Use in Making Copies or
Communications for a Person with an Intellectual Disability

135ZT.-(1) Subject to this section, the copyright in an eligible item or in a television broadcast is not infringed by the making by, or on behalf of, a body administering an institution assisting persons with an intellectual disability of a copy or communication of the whole or a part of the eligible item or broadcast, if the copy or communication is made solely for use in the making by, or on behalf of, that body of a copy or communication of the whole or the part of the eligible item or broadcast, as the case may be, for a person with an intellectual disability.

(2) Where:

(a) a copy or communication of the whole or a part of an eligible item or a television broadcast is made by, or on behalf of, a body administering an institution assisting persons with an intellectual disability; and

(b) the copy or communication is used otherwise than in the making by, or on behalf of, that body of a copy or communication of the whole or the part of the eligible item or broadcast, as the case may be, for a person with an intellectual disability;

subsection (1) does not apply, and shall be taken never to have applied, to the making of the copy or communication.

(3) Subsection (1) does not apply to the making of a record embodying a sound recording in analog form of the whole or part of an eligible item unless, at the time the record was made, there was embodied on the record, immediately before the beginning of that sound recording, a sound recording of the prescribed message.

(4) Subsection (1) does not apply to the making of a copy, in hardcopy form or analog form, of the whole or part of an eligible item or a television broadcast unless the body by whom, or on whose behalf, the copy is made, marks it, or causes it to be marked, in accordance with the regulations.

Division 5
Equitable Remuneration
Remuneration Notices

135ZU.-(1) An administering body may, by notice in writing given to the relevant collecting society, undertake to pay equitable remuneration to the society for licensed copies and licensed communications made by it, or on its behalf, being copies and communications made while the notice is in force.

(2) A remuneration notice shall specify whether the amount of equitable remuneration is to be assessed on the basis of a records system, a sampling system or an electronic use system.

(2A) An administering body may give either a records notice or a sampling notice in respect of licensed copies made in hardcopy form or analog form, but may only give an electronic use notice in respect of licensed copies made in electronic form, or in respect of licensed communications.

(3) A remuneration notice comes into force on the day on which it is given to the collecting society, or on such later day as is specified in the notice, and remains in force until it is revoked.

Records Notices

135ZV.-(1) Where a records notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the relevant collecting society by the administering body for each licensed copy made by it, or on its behalf, while the notice is in force is such amount as is determined by agreement between the administering body and that collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(1A) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for each licensed copy made by or on behalf of that body.

(2) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body and different classes of students of an institution administered by it.

Sampling Notices

135ZW.-(1) Where a sampling notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the relevant collecting society by the administering body for licensed copies made by it, or on its behalf, while the notice is in force is such annual amount as is determined by agreement between the administering body and that collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(1A) If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for licensed copies made by or on behalf of that body.

(2) The annual amount referred to in subsection (1) shall be determined (whether by agreement or by the Copyright Tribunal) having regard to the number of licensed copies made by, or on behalf of, the administering body in a particular period and to such other matters (if any) as are relevant in the circumstances.

(3) The number of copies referred to in subsection (2), and any other matters that are necessary or convenient to be assessed by use of a sampling system, shall be assessed by use of a sampling system determined by agreement between the administering body and the relevant collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(4) For the purposes of subsection (1), different annual amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.

(5) Where:

(a) a sampling notice is given by, or on behalf of, an administering body to a collecting society; and

(b) during any period, the administering body does not comply with one or more of the requirements of the sampling system determined under this section in relation to that notice;

sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZP and 135ZS do not apply to any reproduction or copy of a work or other subject-matter made during that period by, or on behalf of, the administering body, being a reproduction or copy to which the sampling notice applies.

Electronic Use Notices

135ZWA.-(1) If an electronic use notice is given by, or on behalf of, an administering body, the amount of equitable remuneration payable to the relevant collecting society by the administering body for licensed copies and licensed communications made by it, or on its behalf, while the notice is in force is an amount (whether an amount per year or otherwise) determined by agreement between the administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(2) The matters and processes constituting an electronic use system, and any matters that are necessary or convenient to be assessed or taken into account for the purposes of the system, must be determined by agreement between the administering body and the relevant collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(2A) If:

(a) a work is reproduced by, or on behalf of, an administering body, or is taken under this subsection to have been so reproduced; and

(b) the reproduction is communicated by, or on behalf of, the body by being made available online, or is taken under this subsection to have been so communicated; and

(c) the reproduction remains so available online for longer than the prescribed period;

then, when that period ends:

(d) the work is taken to have been reproduced again by, or on behalf of, the body; and

(e) the reproduction mentioned in paragraph (a) is taken to have been communicated again by, or on behalf of, the body by making it available online for a further prescribed period.

(2B) An electronic use system (whether determined by agreement or by the Copyright Tribunal) must require the assessment of an amount of equitable remuneration by a method or process that takes account of reproductions and communications to which paragraphs (2A) (d) and (e) apply.

(2C) Subject to subsection (2B) but without limiting subsection (2), an electronic use system (whether determined by agreement or by the Copyright Tribunal) may be based upon a records system, a sampling system or any other process or system.

(2D) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different institutions administered by the administering body.

(3) If:

(a) an electronic use notice is given by, or on behalf of, an administering body to a collecting society; and

(b) during any period the administering body does not comply with one or more of the requirements of the electronic use system determined under this section in relation to the notice;

sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZP and 135ZS do not apply to any reproduction, copy or communication of a work or other subject-matter made during that period by, or on behalf of, the administering body, being a reproduction, copy or communication to which the electronic use notice applies.

(4) In this section:

prescribed period means the period of 12 months, or if another is agreed between the relevant administering body and collecting society for the purposes of subsection (2A), that other period.

Records Notices and Sampling Notices:
Marking and Record-Keeping Requirements

135ZX.-(1) Where a records notice is given by, or on behalf of, an administering body to a collecting society in respect of licensed copies made in hardcopy form or analog form, the administering body shall:

(a) mark, or cause to be marked, in accordance with the regulations, each such licensed copy made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept;

(b) make, or cause to be made, a record of the making of each such licensed copy that is carried out by it, or on its behalf, while the notice is in force, being a record containing such particulars as are prescribed;

(c) retain that record for the prescribed retention period after the making of the copy to which it relates; and

(d) send copies of all such records to the collecting society in accordance with the regulations.

(2) For the purposes of subsection (1), a record of the making of a licensed copy:

(a) may be kept in writing or in any other manner prescribed; and

(b) if it is kept in writing, shall be in accordance with the prescribed form.

(3) If a sampling notice is given by, or on behalf of, an administering body to a collecting society in respect of licensed copies made in hardcopy form or analog form, the administering body must mark, or cause to be marked, in accordance with the regulations, each such licensed copy made by it, or on its behalf, while the notice is in force, or any container in which such a copy is kept.

(4) Regulations made for the purposes of paragraph (1) (a) or (b) or subsection (3) may prescribe different marks or particulars, and impose different requirements, in relation to different kinds of licensed copies or different kinds of works or eligible items.

Electronic Use Notices:
Notice Requirements etc.

135ZXA. If an electronic use notice is given by, or on behalf of, an administering body to a collecting society, in respect of licensed copies made in electronic form or licensed communications, the administering body must:

(a) give a notice, in accordance with the regulations, in relation to each such copy or communication made by it, or on its behalf, while the electronic use notice is in force, containing:

(i) statements to the effect that the copy or communication has been made under this Part and that any work or other subject-matter contained in the copy or communication might be subject to copyright protection under this Act; and

(ii) such other information or particulars (if any) as are prescribed; and

(b) in the case of each such communication made by it, or on its behalf, while the electronic use notice is in force-take all reasonable steps to ensure that the communication can only be received or accessed by persons entitled to receive or access it (for example, teachers or persons receiving educational instruction or other assistance provided by the relevant institution); and

(c) comply with such other requirements (if any) as are prescribed in relation to each such copy or communication made by it, or on its behalf, while the electronic use notice is in force.

Inspection of Records etc.

135ZY.-(1) Where a remuneration notice is or has been in force, the relevant collecting society to which the notice was given may, in writing, notify the administering body which gave the notice that the society wishes, on a day specified in the notice, being an ordinary working day of the institution specified in the notice not earlier than 7 days after the day on which the notice is given to do such of the following things as are specified in the notice:

(a) assess the amount of licensed copying or licensed communication carried out at the premises of the institution;

(b) inspect all the relevant records held at those premises that relate to the making of licensed copies or licensed communications;

(c) inspect such other records held at those premises as are relevant to the assessment of the amount of equitable remuneration payable by the administering body to the society.

(2) Where a collecting society gives a notice, a person authorised in writing by the society may, during the ordinary working hours of the relevant institution on the day specified in the notice (but not before 10 a.m. or after 3 p.m.), carry out the assessment, or inspect the records, to which the notice relates and, for that purpose, may enter the premises of the institution.

(3) An administering body shall take all reasonable precautions, and exercise reasonable diligence, to ensure that a person referred to in subsection (2) who attends at the premises of an institution administered by the body for the purpose of exercising the powers conferred by that subsection is provided with all reasonable and necessary facilities and assistance for the effective exercise of those powers.

(4) An administering body that contravenes subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding $500.

Revocation of Remuneration Notice

135ZZ. A remuneration notice may be revoked at any time by the relevant administering body by notice in writing given to the relevant collecting society and the revocation takes effect at the end of 3 months after the date of the notice or on such later day as is specified in the notice.

Request for Payment of Equitable Remuneration

135ZZA.-(1) Subject to this section, where a remuneration notice is or has been in force, the relevant collecting society may, by notice in writing given to the administering body which gave the notice, request the body to pay to the society, within a reasonable time after the date of the notice, the amount of equitable remuneration specified in the notice, being an amount payable under section 135ZV, 135ZW or 135ZWA, as the case may be, for licensed copies or licensed communications made by, or on behalf of, the body while the remuneration notice is or was in force.

(3) If an amount specified in a request is not paid in accordance with the request, it may be recovered from the relevant administering body by the relevant collecting society in the Federal Court of Australia or in any other court of competent jurisdiction as a debt due to the society.

(4) Jurisdiction is conferred on the Federal Court of Australia with respect to actions under subsection (3).

Division 6
Collecting Societies
Collecting Societies

135ZZB.-(1) Subject to this section, the Attorney-General may, by notice in the Gazette, declare the body named in the notice to be the collecting society for all relevant copyright owners or for such classes of relevant copyright owners as are specified in the notice.

(2) Where the Attorney-General declares a body to be the collecting society for a specified class of copyright owners and subsequently declares another body to be the collecting society for that class of copyright owners:

(a) the first-mentioned collecting society ceases to be the collecting society for that class of copyright owners on the day on which the subsequent declaration is made; and

(b) any remuneration notice given to that collecting society ceases to be in force to the extent to which it relates to licensed copies of works or other subject-matter the copyright owners of which are included in that class of copyright owners.

(3) The Attorney-General shall not declare the body to be the collecting society unless:

(a) it is a company limited by guarantee and incorporated under a law in force in a State or Territory relating to companies;

(b) all persons who are included in a class of relevant copyright owners to be specified in the declaration, or their agents, are entitled to become its members;

(c) its rules prohibit the payment of dividends to its members; and

(d) its rules contain such other provisions as are prescribed, being provisions necessary to ensure that the interests of members of the collecting society who are relevant copyright owners or their agents are protected adequately, including, in particular, provisions about:

(i) the collection of amounts of equitable remuneration payable by administering bodies under section 135ZV, 135ZW or 135ZWA;

(ii) the payment of the administrative costs of the collecting society out of amounts collected by it;

(iii) the distribution of amounts collected by the collecting society;

(iv) the holding on trust by the collecting society of amounts for relevant copyright owners who are not its members; and

(v) access to records of the collecting society by its members.

(4) Where the Attorney-General has declared a body to be the collecting society for a specified class of copyright owners, the Attorney-General may refuse to declare another body to be the collecting society for that class of copyright owners unless satisfied that to do so would be in the interests of those copyright owners, having regard to the number of members of the first-mentioned society, the scope of its activities and such other considerations as are relevant.

Revocation of Declaration

135ZZC. The Attorney-General may, by notice in the Gazette, revoke the declaration of a body as a collecting society if satisfied that the body:

(a) is not functioning adequately as a collecting society;

(b) is not acting in accordance with its rules or in the best interests of those of its members who are relevant copyright owners, or their agents;

(c) has altered its rules so that they no longer comply with paragraphs 135ZZB(3) (c) and (d); or

(d) has refused or failed, without reasonable excuse, to comply with section 135ZZD or 135ZZE.

Annual Report and Accounts

135ZZD.-(1) A collecting society shall, as soon as practicable after the end of each financial year, prepare a report of its operations during that financial year and send a copy of the report to the Attorney-General.

(2) The Attorney-General shall cause a copy of the report sent to the Attorney-General under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the receipt of the report by the Attorney-General.

(3) A collecting society shall keep accounting records correctly recording and explaining the transactions of the society (including any transactions as trustee) and the financial position of the society.

(4) The accounting records shall be kept in such a manner as will enable true and fair accounts of the society to be prepared from time to time and those accounts to be conveniently and properly audited.

(5) A collecting society shall, as soon as practicable after the end of each financial year, cause its accounts to be audited by an auditor who is not a member of the society, and shall send to the Attorney-General a copy of its accounts as so audited.

(6) A collecting society shall give its members reasonable access to copies of all reports and audited accounts prepared by it under this section.

(7) This section does not affect any obligations of a collecting society relating to the preparation and lodging of annual returns or accounts under the law under which it is incorporated.

Amendment of Rules

135ZZE. A collecting society shall, within 21 days after it alters its rules, send a copy of the rules as so altered to the Attorney-General, together with a statement setting out the effect of the alteration and the reasons why it was made.

Division 7
Miscellaneous
Rights of Copyright Owners

135ZZF.-(1) Nothing in this Part affects the right of the owner of the copyright in a work to grant a licence authorising the body administering an educational institution to make, or cause to be made, a copy or communication of the whole or a part of the work without infringement of that copyright.

(2) Nothing in this Part affects the right of the owner of the copyright in a work to grant a licence authorising the body administering an institution assisting persons with a print disability to do any of the following without infringement of that copyright:

(a) make, or cause to be made, a sound recording of, or a Braille, large-print, photographic or electronic version of, the whole or a part of the work;

(b) communicate, or cause to be communicated, the whole or a part of the work.

(3) Nothing in this Part affects the right of the owner of the copyright in an eligible item to grant a licence authorising the body administering an institution assisting persons with an intellectual disability to make, or cause to be made, a copy or communication of the whole or a part of the eligible item without infringement of that copyright.

Copyright Not to Vest in Copier

135ZZG. Despite any other provision of this Act, copyright does not vest in the maker of a copy or communication of the whole or part of a work for a person with a print disability, or of a copy or communication of the whole or part of an eligible item for a person with an intellectual disability, merely because of the making of the copy or communication.

Unauthorised Use of Copies

135ZZH.-(1) Where a copy, record or version of a work, a sound recording or a cinematograph film, being a copy, record or version referred to in a prescribed provision of this Part:

(a) is sold or otherwise supplied for a financial profit;

(b) is used for a purpose other than the purpose specified in the prescribed provision; or

(c) is given to an administering body when there is not in force a remuneration notice given by that body to the relevant collecting society;

with the consent of the administering body by whom, or on whose behalf, it is made or communicated, the prescribed provision does not apply, and is taken never to have applied, to the making or communication of the copy, record or version.

(2) For the purposes of this section, subsection 135ZG(1), subsection 135ZJ(1), section 135ZK and subsections 135ZL(1), 135ZMB(1), 135ZMC(1), 135ZMD(1), 135ZP(1) and (2) and 135ZS(1) are prescribed provisions.

PART VC
RETRANSMISSION OF FREE-TO-AIR BROADCASTS
Division 1
Preliminary
Definitions

135ZZI. In this Part:

collecting society means a body that is, for the time being, declared to be a collecting society under section 135ZZT.

delayed retransmission, in relation to a free-to-air broadcast, means a retransmission of the broadcast in an area that has, wholly or partly, different local time to the area of the original transmission and that is delayed until no later than the equivalent local time.

free-to-air broadcast means a broadcast delivered by a national broadcasting service, commercial broadcasting service or community broadcasting service within the meaning of the Broadcasting Services Act 1992.

notice holder means the person who is, for the time being, appointed to be the notice holder under section 135ZZX.

relevant collecting society, in relation to a remuneration notice, means a collecting society for owners of copyright in the same kind of work or other subject-matter as that to which the remuneration notice relates.

relevant copyright owner means the owner of the copyright in a work, a sound recording or a cinematograph film.

remuneration notice means a notice referred to in section 135ZZL.

retransmitter means a person who makes a retransmission of a free-to-air broadcast.

rules, in relation to a collecting society, means the provisions of the memorandum and articles of association of the society.

Operation of Collecting Society Rules

135ZZJ. This Part applies to a collecting society despite anything in the rules of the society, but nothing in this Part affects those rules so far as they can operate together with this Part.

Application of Part

135ZZJA. This Part does not apply in relation to a retransmission of a free-to-air broadcast if the retransmission takes place over the Internet.

Division 2
Retransmission of Free-to-Air Broadcasts
Retransmission of Free-to-Air Broadcasts

135ZZK.-(1) The copyright in a work, sound recording or cinematograph film included in a free-to-air broadcast is not infringed by the retransmission of the broadcast if:

(a) a remuneration notice given by, or on behalf of, the retransmitter to the relevant collecting society is in force; and

(b) the free-to-air broadcast was made by a broadcaster specified in the remuneration notice; and

(c) the retransmitter complies with section 135ZZN.

(2) The copyright in a work, sound recording or cinematograph film included in a free-to-air broadcast is not infringed by the making of a copy of the broadcast for the sole purpose of enabling a delayed retransmission of the broadcast to be made.

(3) Subsection (2) does not apply if the retransmission of the broadcast would infringe the copyright in the broadcast.

(4) If a copy of a broadcast made for the purpose referred to in subsection (2) is not destroyed within 7 days after it is made, subsection (2) does not apply, and is taken never to have applied, in relation to the making of the copy.

(5) In this section, a reference to the making of a copy of a free-to-air broadcast is a reference to making a cinematograph film or sound recording of the broadcast, or a copy of such a film or sound recording.

Remuneration Notices

135ZZL.-(1) A retransmitter may, by notice in writing given to the relevant collecting society by, or on behalf of, the retransmitter, undertake to pay equitable remuneration to the society for retransmissions of free-to-air broadcasts by specified broadcasters, being retransmissions made by, or on behalf of, the retransmitter while the notice is in force.

(2) A remuneration notice must specify that the amount of equitable remuneration is to be assessed on the basis of the records to be kept by the retransmitter under section 135ZZN.

(3) A remuneration notice comes into force on the day on which it is given to the collecting society, or on such earlier day as is specified in the notice, and remains in force until it is revoked.

Amount of Equitable Remuneration

135ZZM.-(1) If a retransmitter gives a remuneration notice to a collecting society, the amount of equitable remuneration payable to the collecting society for each retransmission made by, or on behalf of, the retransmitter while the notice is in force is the amount determined by agreement between the retransmitter and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

(2) If a determination has been made by the Copyright Tribunal under subsection (1), either the retransmitter or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination payable to the collecting society by the retransmitter for retransmissions made by, or on behalf of, the retransmitter.

(3) For the purposes of subsection (1), different amounts may be determined (whether by agreement or by the Copyright Tribunal) in relation to different classes of works, sound recordings or cinematograph films included in retransmissions.

Record System

135ZZN.-(1) If a remuneration notice is given to a collecting society by, or on behalf of, a retransmitter, the retransmitter must establish and maintain a record system.

(2) The record system must provide for a record to be kept of the title of each program included in each retransmission made by, or on behalf of, the retransmitter of each broadcast made by each broadcaster specified in the remuneration notice.

(3) Subject to subsection (2), the record system must be determined by agreement between the retransmitter and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them.

Inspection of Records etc.

135ZZP.-(1) If a remuneration notice is or has been in force, the collecting society to which it was given may, in writing, notify the relevant retransmitter that the society wishes, on a day specified in the notice, being an ordinary working day of the retransmitter specified in the notice, not earlier than 7 days after the day on which the notice is given, to do such of the following things as are specified in the notice:

(a) assess the number of retransmissions carried out at the premises of the retransmitter;

(b) inspect all the relevant records held at those premises that relate to the making of retransmissions in reliance on section 135ZZK;

(c) inspect such other records held at those premises as are relevant to the assessment of the amount of equitable remuneration payable by the retransmitter to the society.

(2) Subject to section 135ZZQ, if a collecting society gives a notice, a person authorised in writing by the society may, during the ordinary working hours of the retransmitter on the day specified in the notice (but not before 10 am or after 3 pm), carry out the assessment, or inspect the records, to which the notice relates and, for that purpose, may enter the premises of the retransmitter.

(3) A retransmitter must take all reasonable precautions, and exercise reasonable diligence, to ensure that a person referred to in subsection (2) who attends the premises of the retransmitter for the purpose of exercising the powers conferred by that subsection is provided with all reasonable and necessary facilities and assistance for the effective exercise of those powers.

(4) A retransmitter who contravenes subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding 10 penalty units.

Note: A corporation may be fined up to 5 times the amount of the maximum fine. See subsection 4B(3) of the Crimes Act 1914.

Identity Cards

135ZZQ.-(1) The chief executive officer (however described) of a collecting society must issue an identity card in the prescribed form to each person authorised by the society for the purposes of subsection 135ZZP(2). The identity card must contain a recent photograph of the authorised person.

(2) If an authorised person who attends or enters premises for the purpose of exercising powers conferred by subsection 135ZZP(2) fails to produce his or her identity card when asked to do so by a person apparently in charge of the premises, the authorised person must not enter or remain on the premises or exercise any other powers under subsection 135ZZP(2) at the premises.

(3) A person is guilty of an offence punishable on conviction by a fine not exceeding 1 penalty unit if:

(a) the person has been issued with an identity card; and

(b) the person stops being an authorised person; and

(c) the person does not, immediately after he or she stops being an authorised person, return the identity card to the relevant collecting society.

(4) An authorised person must carry his or her identity card at all times when exercising powers under subsection 135ZZP(2).

Revocation of Remuneration Notice

135ZZR. A remuneration notice may be revoked at any time by the relevant retransmitter by notice in writing given to the collecting society to which the remuneration notice was given, and the revocation takes effect at the end of 3 months after the date of the notice, or on such later day as is specified in it.

Request for Payment of Equitable Remuneration

135ZZS.-(1) Subject to this section, where a remuneration notice is or has been in force, the collecting society to which the notice was given may, by notice in writing given to the relevant retransmitter, request the retransmitter to pay to the society, within a reasonable time after the date of the notice, the amount of equitable remuneration specified in the notice, being an amount payable under section 135ZZM for retransmissions made by, or on behalf of, the retransmitter while the remuneration notice is or was in force.

(2) If an amount specified in a request under subsection (1) is not paid in accordance with the request, it may be recovered from the retransmitter by the collecting society in the Federal Court of Australia or any other court of competent jurisdiction as a debt due to the society.

Division 3
Collecting Societies
Collecting Societies

135ZZT.-(1) Subject to this section, the Attorney-General may, by notice in the Gazette, declare the body named in the notice to be the collecting society for all relevant copyright owners, or for such classes of relevant copyright owners as are specified in the notice.

(2) Where the Attorney-General declares a body to be the collecting society for a specified class of copyright owners and subsequently declares another body to be the collecting society for that class of copyright owners:

(a) the first-mentioned collecting society ceases to be the collecting society for that class of copyright owners on the day on which the subsequent declaration is made; and

(b) any remuneration notice given to that collecting society ceases to be in force to the extent to which it relates to relevant copyright owners included in that class of copyright owners.

(3) The Attorney-General must not declare a body to be a collecting society unless:

(a) it is a company limited by guarantee and incorporated under a law in force in a State or Territory relating to companies; and

(b) all persons who are included in a class of relevant copyright owners to be specified in the declaration, or their agents, are entitled to become its members; and

(c) its rules prohibit the payment of dividends to its members; and

(d) its rules contain such other provisions as are prescribed, being provisions necessary to ensure that the interests of members of the collecting society who are relevant copyright owners, or their agents, are protected adequately, including, in particular, provisions about:

(i) the collection of amounts of equitable remuneration payable under section 135ZZM; and

(ii) the payment of the administrative costs of the collecting society out of amounts collected by it; and

(iii) the distribution of amounts collected by the collecting society; and

(iv) the holding on trust by the collecting society of amounts for relevant copyright owners who are not its members; and

(v) access to records of the collecting society by its members.

(4) If the Attorney-General has declared a body to be the collecting society for a specified class of copyright owners, the Attorney-General may refuse to declare another body to be the collecting society for that class of copyright owners unless satisfied that to do so would be in the interests of those copyright owners, having regard to the number of members of the first-mentioned society, the scope of its activities and such other considerations as are relevant.

Revocation of Declaration

135ZZU. The Attorney-General may, by notice in the Gazette, revoke the declaration of a body as a collecting society if satisfied that the body:

(a) is not functioning adequately as a collecting society; or

(b) is not acting in accordance with its rules or in the best interests of those of its members who are relevant copyright owners, or their agents; or

(c) has altered its rules so that they no longer comply with paragraphs 135ZZT(3) (c) and (d); or

(d) has refused or failed, without reasonable excuse, to comply with section 135ZZV or 135ZZW.

Annual Report and Accounts

135ZZV.-(1) A collecting society must, as soon as practicable after the end of each financial year, prepare a report of its operations during that financial year and send a copy of the report to the Attorney-General.

(2) The Attorney-General must cause a copy of the report sent to the Attorney-General under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the receipt of the report by the Attorney-General.

(3) A collecting society must keep accounting records correctly recording and explaining the transactions of the society (including any transactions as trustee) and the financial position of the society.

(4) The accounting records must be kept in such a manner as will enable true and fair accounts of the society to be prepared from time to time and those accounts to be conveniently and properly audited.

(5) A collecting society must, as soon as practicable after the end of each financial year, cause its accounts to be audited by an auditor who is not a member of the society, and must send to the Attorney-General a copy of its accounts as so audited.

(6) A collecting society must give its members reasonable access to copies of all reports and audited accounts prepared by it under this section.

(7) This section does not affect any obligations of a collecting society relating to the preparation and lodging of annual returns or accounts under the law under which it is incorporated.

Amendment of Rules

135ZZW. A collecting society must, within 21 days after it alters its rules, send a copy of the rules as so altered to the Attorney-General, together with a statement setting out the effect of the alteration and the reasons why it was made.

Division 4
Interim Retransmissions
Appointment of Notice Holder

135ZZX. The Attorney-General may, by notice in the Gazette, appoint a person to be the notice holder for the purposes of this Division.

Retransmitting before Declaration of Collecting Society

135ZZY. The copyright in any work, sound recording or cinematograph film included in a retransmission of a free-to-air broadcast is not infringed by the making of the retransmission if:

(a) at the time the retransmission is made, a collecting society has not been declared; and

(b) a notice given by the retransmitter by whom, or on whose behalf, the retransmission was made to the notice holder under subsection 135ZZZ(1) is in force; and

(c) the retransmitter complies with section 135ZZN.

Notices by Retransmitters

135ZZZ.-(1) A retransmitter may at any time before the declaration of the first collecting society, by notice in writing given to the notice holder by, or on behalf of, the retransmitter, undertake to pay equitable remuneration to a collecting society, when it is declared, for retransmissions made by, or on behalf of, the retransmitter while the notice is in force.

(2) A notice must specify that the amount of equitable remuneration is to be assessed on the basis of the records to be kept by the retransmitter under section 135ZZN.

(3) A notice comes into force on the day on which it is given to the notice holder, or on such later day as is specified in the notice, and remains in force until it is revoked.

(4) A notice may be revoked at any time by the retransmitter by notice in writing given to the notice holder, and the revocation takes effect on the date of the notice of revocation or on such later date as is specified in it.

Record Keeping Requirements

135ZZZA. If a retransmitter gives a notice to the notice holder under section 135ZZZ, sections 135ZZM and 135ZZN apply as if:

(a) references to a collecting society were references to the notice holder; and

(b) references to a remuneration notice were references to a notice under section 135ZZZ.

Effect of Declaration of Collecting Society

135ZZZB.-(1) If:

(a) as a result of the declaration of one or more collecting societies, there is a society for all relevant copyright owners; and

(b) a notice under section 135ZZZ was in force immediately before the day on which the declaration came into force;

then, on and after that day, the notice ceases to have effect as such a notice, but is taken, for the purposes of this Part, to be a remuneration notice that:

(c) was given by the relevant retransmitter to the collecting society, or to each of the collecting societies, as the case may be; and

(d) came into force on the same day as the notice came into force.

(2) If:

(a) one or more collecting societies are declared for one or more, but not for all, classes of relevant copyright owners; and

(b) a notice was in force immediately before the day on which the declaration came into force;

then, on and after that day:

(c) the notice ceases to have effect as such a notice in relation to the relevant copyright owners in the class or classes of copyright owners for whom a collecting society is declared, but is taken, for the purposes of this Part, to be a remuneration notice that:

(i) was given by the relevant retransmitter to the collecting society or to each of the collecting societies, as the case may be; and

(ii) came into force on the same day as the notice came into force; and

(d) the notice continues to have effect as such a notice in relation to all other relevant copyright owners.

(3) When a notice is, under this section, taken to be a remuneration notice, the relevant retransmitter must cause copies of all records made under section 135ZZN on or after the day on which the notice is taken to have come into force to be sent to the relevant collecting society within 21 days after the declaration of the collecting society.

Division 5
Miscellaneous
Relevant Copyright Owner May Authorise Retransmitting

135ZZZC. Nothing in this Part affects the right of the owner of the copyright in a work, sound recording or cinematograph film included in a free-to-air broadcast to grant a licence authorising a retransmitter to make, or cause to be made, a retransmission of the free-to-air broadcast without infringing that copyright.

Copyright Not to Vest Under This Part

135ZZZD. Despite any other provision of this Act, the retransmission of a free-to-air broadcast by, or on behalf of, a retransmitter that is not an infringement of copyright under this Part, does not vest copyright in any work or other subject-matter in any person.

Licence to Retransmit Does Not Authorise Copyright Infringements

135ZZZE. The owner of the copyright in a free-to-air broadcast is not taken, for the purpose of this Act, to have authorised the infringement of copyright in any work, sound recording or cinematograph film included in the broadcast merely because the owner licences the retransmission of the broadcast.

PART VI
THE COPYRIGHT TRIBUNAL
Division 1
Preliminary
Interpretation

136.-(1) In this Part, unless the contrary intention appears:

Deputy President means a Deputy President of the Tribunal.

Judge means:

(a) a Judge of a federal court or of the Supreme Court of a State or Territory; or

(b) a person who has the same designation and status as a Judge of a federal court.

licence means a licence granted by or on behalf of the owner or prospective owner of the copyright in a literary, dramatic or musical work, or of the copyright in a sound recording, being:

(a) in the case of a literary, dramatic or musical work-a licence to perform the work or an adaptation of the work in public, to broadcast the work or an adaptation of the work, to make a sound recording or cinematograph film of the work or an adaptation of the work for the purposes of broadcasting the work or adaptation, or to electronically transmit the work or an adaptation of the work (other than in a broadcast) for a fee payable to the person who made the transmission; or

(b) in the case of a sound recording-a licence to cause the recording to be heard in public, to make a copy of the sound recording for the purposes of broadcasting the recording, or to broadcast the recording in a broadcast transmitted for a fee payable to the person who made the broadcast.

licence scheme means a scheme (including anything in the nature of a scheme, whether called a scheme or tariff or called by any other name) formulated by a licensor or licensors and setting out the classes of cases in which the licensor or each of the licensors is willing, or the persons on whose behalf the licensor or each of the licensors acts are willing, to grant licences and the charges (if any) subject to payment of which, and the conditions subject to which, licences would be granted in those classes of cases.

licensor means:

(a) in relation to licences in respect of a literary, dramatic or musical work-the owner or prospective owner of the copyright in the work or any body of persons (whether corporate or unincorporate) acting as agent for the owner or prospective owner in relation to the negotiation or granting of such licences; and

(b) in relation to licences in respect of a sound recording-the owner or prospective owner of the copyright in the recording or any body of persons (whether corporate or unincorporate) acting as agent for the owner or prospective owner in relation to the negotiation or granting of such licences.

member means a member of the Tribunal, and includes the President and a Deputy President.

order includes an interim order.

organization means an organization or association of persons whether corporate or unincorporate.

the President means the President of the Tribunal.

(2) In this Part:

(a) a reference to conditions is a reference to any conditions other than conditions relating to the payment of a charge;

(b) a reference to giving an opportunity to a person or organization of presenting a case is a reference to giving the person or organization an opportunity, at the option of the person or organization, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard;

(c) a reference to a person who requires a licence of a particular kind includes a reference to a person who holds a licence of that kind if the person will, at the expiration of the period for which the licence was granted, require a renewal of that licence or a grant of a further licence of the same kind; and

(d) a reference to proceedings for infringement of copyright includes a reference to proceedings brought in respect of an alleged contravention of subsection 132(5) or (5AA).

(3) For the purposes of this Part, a person shall not be taken not to require a licence to cause a sound recording to be heard in public by reason only of the operation of section 108.

Cases to Which Licence Schemes Apply

137.-(1) For the purposes of this Part, a case shall, subject to the next succeeding subsection, be deemed to be a case to which a licence scheme applies if, in accordance with a licence scheme for the time being in operation, a licence would be granted in that case.

(2) For the purposes of this Part, where, in accordance with a licence scheme:

(a) the licences that would be granted would be subject to conditions by virtue of which particular matters would be excepted from the licences; and

(b) a case relates to one or more matters falling within such an exception;

that case shall be deemed not to be a case to which the scheme applies.

Division 2
Constitution of the Tribunal
Constitution of Tribunal

138. The Copyright Tribunal established by the section for which this section was substituted by section 138 of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 continues in existence but shall consist of a President, and such number of Deputy Presidents and other members as are appointed in accordance with this Division.

Appointment of Members of Tribunal

139. A member of the Tribunal shall be appointed by the Governor-General.

Qualifications of Members

140.-(1) A person shall not be appointed as the President unless he or she is a Judge of the Federal Court of Australia.

(1A) A person is not to be appointed as a Deputy President unless he or she is, or has been, a Judge of a federal court or of the Supreme Court of a State or Territory.

(2) A person shall not be appointed as a member (other than the President or a Deputy President) unless:

(a) he or she is or has been a Judge;

(b) he or she is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years;

(c) he or she has had experience, for not less than 5 years, at a high level in industry, commerce, business, public administration, education or the practice of a profession;

(d) he or she has obtained a degree of a university, or an educational qualification of a similar standing, after studies in the field of law, economics or public administration; or

(e) he or she has, in the opinion of the Governor-General, special knowledge or skill relevant to the duties of a member.

Tenure of Office

141.-(1) Subject to this section, a member holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment, but is eligible for re-appointment.

(2) Where a member who is a Judge ceases to be a Judge, he or she ceases to hold office as a member, but he or she is eligible for appointment as a member (other than the President).

(3) The Governor-General may terminate the appointment of a member (other than a member who is a Judge) for physical or mental incapacity.

(4) The Governor-General shall terminate the appointment of a member (other than a member who is a Judge) if:

(a) the member is guilty of misbehaviour; or

(b) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit.

Seniority of Deputy Presidents

141A.-(1) The Deputy Presidents have seniority as Deputy Presidents according to the dates of their first appointment to the Tribunal, or, if 2 or more Deputy Presidents were appointed on the same day, according to the precedence assigned to them in their instruments of appointment.

(2) At any time when only one person is holding office as a Deputy President, any reference in this Part to 'the senior Deputy President' is to be taken to be a reference to the Deputy President.

Acting President

142. The Governor-General may appoint the senior Deputy President available to act in the office of President:

(a) during a vacancy in that office; or

(b) during any period when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office.

Remuneration and Allowances

143.- (1) Subject to this section, a member shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.

(2) A member shall be paid such allowances as are prescribed.

(3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

(4) A member who is a Judge is not, while he or she receives salary or annual allowance as a Judge, entitled to remuneration under this Act.

Oath or Affirmation of Office

144.-(1) A member shall, before proceeding to discharge the duties of his or her office, take an oath or make an affirmation in accordance with the form of oath or affirmation in the Schedule to this Act.

(2) An oath or affirmation shall be taken or made before a justice or judge of a federal court or of the Supreme Court of a State.

Disclosure of Interests by Members

144A.-(1) Where a member is, or is to be, the Tribunal, or a member of the Tribunal, as constituted for the purposes of a proceeding and the member has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions in relation to that proceeding:

(a) he or she shall disclose the interest to the parties to the proceeding; and

(b) except with the consent of all the parties to the proceeding, he or she shall not take part in the proceeding.

(2) Where the President becomes aware that a member is, or is to be, the Tribunal, or a member of the Tribunal, as constituted for the purposes of a proceeding and that the member has, in relation to that proceeding, such an interest as is mentioned under subsection (1):

(a) if the President considers that the member should not take part, or should not continue to take part, in the
proceeding-he or she shall give a direction to the member accordingly; or

(b) in any other case-he or she shall cause the interest of the member to be disclosed to the parties to the proceeding.

(3) In this section:

(a) a reference to a proceeding shall be read as a reference to a proceeding by way of an inquiry by, or an application or reference to, the Tribunal under this Act; and

(b) a reference to a party to a proceeding, being an inquiry conducted by the Tribunal in pursuance of section 148, shall be read as a reference to a person or organization recognized by the Tribunal as a party to the inquiry.

Removal from Office for Failure to Disclose Interest

144B. Where the Governor-General is satisfied that a member (other than a member who is a Judge) has failed, without reasonable excuse, to make a disclosure that he or she is, under subsection 144A(1), required to make, the Governor-General shall remove that member from office.

Resignation

145. A member may resign the office of member by giving a signed notice of resignation to the Governor-General.

Sittings of the Tribunal

146.-(1) Sittings of the Tribunal shall be held at such places and times as the President determines.

(2) Subject to the next succeeding subsection, the Tribunal shall be constituted by a single member.

(3) If a party to an application or reference requests that the Tribunal be constituted by more than one member for the purposes of the application or reference, the Tribunal must, for the purposes of the application or reference, be constituted by not less than 2 members of whom one must be the President or a Deputy President.

(3A) Nothing in subsection (3) prevents a single member from exercising the powers of the Tribunal in relation to matters of procedure.

(4) At a proceeding before the Tribunal constituted by more than one member:

(a) if the President is one of the members constituting the Tribunal-he or she shall preside; and

(b) in any other case-the senior Deputy President who is present is to preside.

(5) Where the Tribunal constituted by more than one member is divided in opinion on a question, the question shall be decided according to the decision of the majority, if there is a majority, but if the Tribunal as so constituted is equally divided in opinion, the question shall be decided according to the opinion of the President or, if he or she is not one of the members constituting the Tribunal, according to the opinion of the senior Deputy President who is present.

(6) The Tribunal constituted by a member or members may sit and exercise the powers of the Tribunal notwithstanding that the Tribunal constituted by another member or other members is at the same time sitting and exercising those powers.

(7) The exercise of the powers of the Tribunal is not affected by a vacancy or vacancies in the membership of the Tribunal.

(8) Where the hearing of any proceeding has been commenced before the Tribunal constituted by 2 or more members and one or more of those members has ceased to be a member or has ceased to be available for the purposes of the proceeding, the remaining member or members may continue the hearing of the proceeding if the remaining member, or one of the remaining members, is the President or a Deputy President.

President to Arrange Business of Tribunal

147. The President may give directions as to the arrangement of the business of the Tribunal and, subject to subsection 146(2) or (3), as to the constitution of the Tribunal for the purposes of particular proceedings.

Division 3
Applications and References to the Tribunal
Interpretation

148. In this Division:

copyright material,government and government copy have the same meanings as in Division 2 of Part VII.

Applications to Tribunal for Determination of Remuneration
Payable for Making Recording or Film of a Work

149.-(1) This section applies where an application is made to the Tribunal in pursuance of subsection 47(3) or 70(3) for the determination of an equitable remuneration to be paid to the owner of the copyright in a work for the making of a sound recording or cinematograph film of the work or of an adaptation of the work.

(2) The parties to an application in relation to which this section applies are:

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

(b) the maker of the recording or film.

(3) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making of the recording or film.

Applications to Tribunal Under Section 47A

149A.-(1) This section applies to any application made to the Tribunal under subsection 47A(8) for the determining of an amount payable by a person or body by way of equitable remuneration to an owner of copyright.

(2) The parties to an application to which this section applies are the person or body, and the owner of the copyright, referred to in subsection (1).

(3) Where an application to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving the parties to the application opportunities of presenting their cases, shall make an order determining the amount that it considers to be payable by the person or body by way of equitable remuneration to the owner of the copyright.

Applications to Tribunal for Determination of Remuneration
Payable to Owner of Copyright in Recording for Making
of a Copy of the Sound Recording

150.-(1) This section applies where an application is made to the Tribunal in pursuance of subsection 107(3) for the determination of an equitable remuneration to be paid to the owner of the copyright in a sound recording for the making of a copy of the sound recording.

(2) The parties to an application in relation to which this section applies are:

(a) the owner of the copyright in the sound recording; and

(b) the maker of the copy of the sound recording.

(3) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making of the copy of the sound recording.

Applications to Tribunal for Determination of Remuneration
Payable to Owner of Copyright in Recording in Respect
of Public Playing of the Recording

151.-(1) This section applies where an application is made to the Tribunal in pursuance of subsection 108(1) for the determination of an equitable remuneration to be paid to the owner of the copyright in a sound recording for the causing of the recording to be heard in public.

(2) The parties to an application in relation to which this section applies are:

(a) the owner of the copyright in the recording; and

(b) the person who caused the recording to be heard in public.

(3) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the causing of the recording to be heard in public.

Applications to Tribunal for Determination of Amounts Payable
for Broadcasting Published Sound Recordings

152.-(1) In this section, unless the contrary intention appears:

Australia does not include the external Territories.

broadcaster means:

(a) the Australian Broadcasting Corporation; or

(aa) the Special Broadcasting Service Corporation; or

(b) the holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992; or

(c) a person making a broadcast under the authority of a class licence determined by the Australian Broadcasting Authority under the Broadcasting Services Act 1992.

broadcasting does not include broadcasting by a transmission for a fee payable to the person who made the broadcast.

(1A) For the purposes of the application of this section in relation to a period before the commencement of this subsection, this section has effect as if any act or thing done during that period by the Australian Broadcasting Commission had been done by the Australian Broadcasting Corporation and any earnings of the Australian Broadcasting Commission during that period were earnings of the Australian Broadcasting Corporation.

(1B) In its application in relation to a period before the commencement of this subsection, this section has effect as if any act or thing done during that period by the Special Broadcasting Service had been done by the Special Broadcasting Service Corporation and any earnings of the Special Broadcasting Service during that period were earnings of the Special Broadcasting Service Corporation.

(2) Subject to this section, an application may be made to the Tribunal for an order determining, or making provision for determining, the amount payable by a broadcaster to the owners of copyrights in published sound recordings in respect of the broadcasting, during a period specified in the application, of those recordings by that broadcaster.

(3) An application under the last preceding subsection may be made by the broadcaster or by the owner of a copyright in a published sound recording.

(4) The parties to an application under subsection (2) are:

(a) the person making the application; and

(b) such organizations or persons as apply to the Tribunal to be made parties to the application and, in accordance with the next succeeding subsection, are made parties to the application.

(5) Where an organization (whether claiming to be representative of broadcasters or of the owners of copyrights in published sound recordings or not) or a person (whether a broadcaster or the owner of a copyright in a published sound recording or not) applies to the Tribunal to be made a party to an application under this section, and the Tribunal is satisfied that the organization or person has a substantial interest in the matter that is the subject of the application, the Tribunal may, if it thinks fit, make that organization or person a party to the application.

(6) The Tribunal shall consider an application under subsection (2) and, after giving the parties to the application an opportunity of presenting their cases, shall make an order:

(a) 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 the period to which the order applies, by the broadcaster of those recordings;

(b) specifying as the persons among whom that amount is to be divided such of the persons who were, or were represented by, parties to the application as the Tribunal is satisfied are the owners of copyrights in published sound recordings; and

(c) specifying as the respective shares in that amount of the persons among whom that amount is to be divided and as the times at which those shares are to be paid such shares and times as those persons agree or, in default of agreement, as the Tribunal thinks equitable.

(7) In so making an order in relation to a broadcaster, the Tribunal shall take into account all relevant matters, including the extent to which the broadcaster uses, for the purposes of broadcasting, records embodying sound recordings (other than recordings in relation to which section 105 applies) in which copyrights subsist, being copyrights owned by persons who are, or are represented by, parties to the application.

(8) The Tribunal must not make an order that would require a broadcaster who is:

(a) the holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 that authorises the holder to broadcast radio programs; or

(b) a person authorised by a class licence determined by that Authority under that Act to broadcast radio programs;

to pay, in respect of the broadcasting of published sound recordings during the period covered by the order, an amount exceeding 1% of the amount determined by the Tribunal to be the gross earnings of the broadcaster during the period equal to the period covered by the order that ended on the last 30 June that occurred before the period covered by the order.

(9) If a broadcaster that is:

(a) the holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 that authorises the holder to broadcast radio programs; or

(b) a person authorised by a class licence determined by that Authority under that Act to broadcast radio programs;

has, with the permission of that Authority, adopted an accounting period ending on a day other than 30 June, the reference in subsection (8) to 30 June is, in relation to that broadcaster, a reference to that other day.

(10) Subsection (8) does not apply to an order in relation to a broadcaster unless:

(a) the broadcaster establishes to the satisfaction of the Tribunal the amount of the gross earnings of the broadcaster during the period in respect of which those earnings are to be determined; and

(b) the broadcaster carried on the transmission of programmes by way of sound broadcasting throughout the whole of that period.

(11) Where an application is made to the Tribunal under subsection (2) in relation to the Australian Broadcasting Corporation, the Tribunal:

(a) shall make separate orders in respect of sound broadcasts by the Corporation of published sound recordings and in respect of television broadcasts by the Corporation of such recordings; and

(b) shall not make an order that would require the Corporation to pay, in respect of sound broadcasts of published sound recordings during the period in relation to which the order applies, an amount exceeding the sum of:

(i) in respect of each complete year included in that period the amount ascertained by multiplying one-half of One cent by the number equal to the number of persons comprised in the estimated population of Australia as last set out in statistics published by the Commonwealth Statistician before the making of the order; and

(ii) in respect of each part of a year included in that period-the amount that bears to the amount ascertained in accordance with the last preceding subparagraph in relation to a complete year the same proportion as that part of a year bears to a complete year.

(12) A person who is not specified in an order in force under subsection (6) as one of the persons among whom the amount specified in, or determined in accordance with, the order is to be divided may, before the expiration of the period to which the order applies, apply to the Tribunal for an amendment of the order so as to specify him or her as one of those persons.

(13) The parties to an application under the last preceding subsection for an amendment of an order are:

(a) the person making the application;

(b) the broadcaster in relation to whom the order applies;

(c) the persons specified in the order as the persons among whom the amount specified in, or determined in accordance with, the order is to be divided; and

(d) such organizations or persons as apply to the Tribunal to be made parties to the application and, in accordance with subsection (5), are made parties to the application.

(14) The Tribunal shall consider an application under subsection (12) for an amendment of an order in force under subsection (6) (in this subsection referred to as the principal order) and, after giving the parties to the application an opportunity of presenting their cases, shall, if it is satisfied that the applicant is the owner of the copyright or copyrights in one or more published sound recordings, make an order amending the principal order so as to:

(a) specify the applicant as one of the persons among whom the amount specified in, or determined in accordance with, the principal order is to be divided; and

(b) specify as the share of the applicant in that amount and as the times at which that share is to be paid such share and times as the applicant and the other persons among whom that amount is to be divided agree or, in default of agreement, as the Tribunal thinks equitable and make any consequential alterations in respect of the shares of those other persons.

(15) An order of the Tribunal made under subsection (6) in relation to a broadcaster applies in relation to the period commencing on the date specified in the order and ending on 30 June next succeeding the date of making of the order.

(16) The date that may be so specified in an order of the Tribunal made under subsection (6) in relation to a broadcaster may be a date before the date of making of the order or before the date of making of the application but shall not be a date before the date of expiration of the period in relation to which the last preceding order (if any) of the Tribunal made under that subsection in relation to that broadcaster applied or before the date of commencement of this Act.

(17) An order of the Tribunal made under subsection (14) amending an order of the Tribunal made under subsection (6) applies in relation to the period commencing on the date of making of the amending order and ending on the date of expiration of the period in relation to which the order that is being amended applies.

(18) Where an order of the Tribunal is in force under this section, the broadcaster in relation to whom the order applies is liable to pay to each of the persons specified in the order as the persons among whom the amount specified in, or determined in accordance with, the order is to be divided the share so specified in relation to that person and is so liable to pay that share at the times so specified and that person may recover any amount that is not paid in accordance with the order in a court of competent jurisdiction from the broadcaster as a debt due to the person.

(19) For the purposes of this section, the gross earnings of a broadcaster in respect of a period are the gross earnings of the broadcaster during that period in respect of the broadcasting by the broadcaster of advertisements or other matter, including the gross earnings of the broadcaster during that period in respect of the provision by the broadcaster of, or otherwise in respect of, matter broadcast by the broadcaster.

(20) Where, in connexion with a transaction, any consideration is paid or given otherwise than in cash, the money value of that consideration shall, for the purposes of the last preceding subsection, be deemed to have been paid or given.

(21) Where the Tribunal is of the opinion that:

(a) an amount, or part of an amount, earned during any period by a person other than a broadcaster would, if the broadcaster and that person were the same person, form part of the gross earnings of the broadcaster in respect of that period for the purposes of this section; and

(b) a relationship exists between the broadcaster and the other person (whether by reason of any shareholding or of any agreement or arrangement, or for any other reason) of such a kind that the amount or the part of the amount, as the case may be, should, for the purposes of this section, be treated as part of the gross earnings of the broadcaster in respect of that period;

the Tribunal may so treat the amount or the part of the amount, as the case may be.

Applications to Tribunal for Determination of Amount
of Royalty Payable for Recording Musical Works

152A.-(1) In this section:

manufacturer has the same meaning as in section 55.

(2) Subject to this section, an application may be made to the Tribunal for an order determining, or making provision for determining, the amount of royalty payable by the manufacturer of a record of a musical work to the owner of the copyright in the work during a period specified in the application.

(3) An application may be made by the manufacturer or the owner of the copyright in the musical work recorded by the manufacturer.

(4) The parties to an application are:

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

(b) any organisations or persons who are made parties to the application.

(5) Where an application is made under subsection (2), the Tribunal shall consider the application and, after giving the parties an opportunity of presenting their cases, make an order determining, or making provision for determining, an equitable amount of royalty payable by the manufacturer of the record of the musical work to the owner of the copyright in the work during the period specified in the order.

(6) Where an organisation (whether claiming to represent manufacturers or the owners of copyrights in musical works or not) or a person (whether a manufacturer or the owner of the copyright in a musical work or not) applies to the Tribunal to be made a party to an application under this section, the Tribunal may, if it thinks fit, make that organisation or person a party to the application if the Tribunal is satisfied that the organisation or person has a substantial interest in the application.

(7) The period that may be specified in an order under subsection (5) in relation to a manufacturer may be a period beginning before the date of making of the order or before the date of making of the application but shall not be a period beginning before:

(a) the end of the period specified in the last preceding order (if any) made under that subsection in relation to that manufacturer; or

(b) the commencement of this section.

(8) Where an order is in force under this section, the manufacturer in relation to whom the order applies is liable to pay to the person specified in the order the amount of royalty so specified at the times so specified and that person may recover the amount, if it is not paid in accordance with the order, in a court of competent jurisdiction from the manufacturer as a debt due to the person.

Applications to Tribunal for Determination
of Manner of Paying Royalty

152B.-(1) In this section:

manufacturer has the same meaning as in section 55.

(2) An application may be made to the Tribunal for an order determining the manner in which amounts of royalty payable by the manufacturer of a record of a musical work to the owner of the copyright in the work are to be paid.

(3) An application may be made by the manufacturer or the owner of the copyright in the musical work recorded by the manufacturer.

(4) The parties to an application are:

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

(b) any organisations or persons who are made parties to the application.

(5) Where an organisation (whether claiming to represent manufacturers or the owners of copyrights in musical works or not) or a person (whether a manufacturer or the owner of the copyright in a musical work or not) applies to the Tribunal to be made a party to an application under this section, the Tribunal may, if it thinks fit, make that organisation or person a party to the application if the Tribunal is satisfied that the organisation or person has a substantial interest in the application.

(6) Where an application is made under subsection (2), the Tribunal shall consider the application and, after giving the parties an opportunity of presenting their cases, make an order determining the manner in which amounts of royalty payable by the manufacturer of the record of the musical work to the owner of the copyright in the work are to be paid.

Applications to Tribunal for Apportionment
of Royalty in Respect of a Record

153.-(1) This section applies where an application is made to the Tribunal in pursuance of paragraph 59(3) (b) for an apportionment of an amount payable in respect of a record between the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work.

(2) The parties to an application in relation to which this section applies are:

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

(b) the owner of the copyright in the literary or dramatic work.

(3) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order apportioning the amount to which the application relates between the parties in such manner as it thinks equitable.

Applications to Tribunal Under Section 135H,
Subsection 135J(1) or Subsection 135JA(1)

153A.-(1) The parties to an application to the Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1) for the determination of the amount of equitable remuneration payable to the collecting society by an administering body for the making or communication, by or on behalf of that body, of a copy of a broadcast are the society and the body.

(2) Where an application is made to the Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1), the Tribunal shall consider the application and, after giving the parties to the application the opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration for the making and communicating of copies of broadcasts.

(3) In making an order, the Tribunal:

(a) shall have regard to the extent to which copies of broadcasts are made and communicated by, or on behalf of, the administering body solely for the purpose of enabling the material included in the broadcasts to be heard, or seen and heard, as the case may be, at times more convenient than the times when the broadcasts were made; and

(b) may have regard to such other matters (if any) as are prescribed.

(4) An order may be expressed to have effect in relation to copies of broadcasts, and to communications of such copies, made in reliance on section 135E before the day on which the order is made.

(5) In this section, administering body and collecting society have the same meanings as in Part VA.

Applications to Tribunal Under Subsection 135J(3)

153B.-(1) The parties to an application to the Tribunal under subsection 135J(3) for the determination of a sampling system are the collecting society and the administering body concerned.

(2) Where an application is made to the Tribunal under subsection 135J(3), the Tribunal shall consider the application and, after giving the parties to the application an opportunity of presenting their cases, shall make an order determining the sampling system.

(3) In this section, administering body and collecting society have the same meanings as in Part VA.

Application to the Tribunal Under Subsection 135JA(3)

153BA.-(1) The parties to an application to the Tribunal under subsection 135JA(3) for the determination of an agreed system are the collecting society and the administering body concerned.

(2) If an application is made to the Tribunal under subsection 135JA(3), the Tribunal must consider the application and, after giving the parties to the application an opportunity of presenting their cases, must make an order determining the agreed system.

(3) In determining an agreed system, the Tribunal must have regard to such matters (if any) as are prescribed.

(4) In this section:

administering body and collecting society have the same meanings as in Part VA.

Application to the Tribunal Under Subsection 135ZME(3)

153BB.-(1) The parties to an application to the Tribunal under subsection 135ZME(3) for the determination of the division of an amount of remuneration are the relevant copyright owners.

(2) If an application is made to the Tribunal for a determination under subsection 135ZME(3), the Tribunal must consider the application and, after giving the parties to the application an opportunity to present their cases, must make an order determining the division of the amount to which the application relates between the parties in such manner as it thinks equitable.

(3) In making an order, the Tribunal may have regard to such matters (if any) as are prescribed.

Applications to the Tribunal Under Section 135ZZV or
Subsection 135ZW(1) or 135ZWA(1)

153C.-(1) The parties to an application to the Tribunal under section 135ZV or subsection 135ZW(1) or 135ZWA(1) for the determination of the amount of equitable remuneration payable to a collecting society by an administering body for the making, by or on behalf of that body, of licensed copies or licensed communications are the society and the body.

(2) Where an application is made to the Tribunal under section 135ZV or subsection 135ZW(1) or 135ZWA(1), the Tribunal shall consider the application and, after giving the parties to the application the opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration for the making of a licensed copy or licensed communication.

(3) In making an order, the Tribunal may have regard to such matters (if any) as are prescribed.

(4) An order may be expressed to have effect in relation to licensed copies made before the day on which the order is made.

(5) In this section:

administering body, collecting society, licensed communication and licensed copy have the same meanings as in Part VB.

Applications to Tribunal Under Subsection 135ZW(3)

153D.-(1) The parties to an application to the Tribunal under subsection 135ZW(3) for the determination of a sampling system to be used for the purpose of assessing the number of licensed copies made by, or on behalf of, an administering body, or any other relevant matters, are the relevant collecting society and the body.

(2) Where an application is made to the Tribunal under subsection 135ZW(3), the Tribunal shall consider the application and, after giving the parties to the application an opportunity of presenting their cases, shall make an order determining the sampling process.

(3) In this section, administering body, collecting society and licensed copy have the same meanings as in Part VB.

Applications to the Tribunal Under Subsection 135ZWA(2)

153DA.-(1) The parties to an application to the Tribunal under subsection 135ZWA(2) for the determination of an electronic use system to be used in relation to licensed copies or licensed communications made by, or on behalf of, an administering body, or any other relevant matters, are the relevant collecting society and the body.

(2) If an application is made to the Tribunal for a determination under subsection 135ZWA(2), the Tribunal must consider the application and, after giving the parties to the application an opportunity to present their cases, must make an order determining the matter that is the subject of the application.

(3) In making an order, the Tribunal may have regard to such matters (if any) as are prescribed.

(4) In this section:

administering body, collecting society, licensed communication and licensed copy have the same meanings as in Part VB.

Applications to Tribunal Under Subsection 183(5)

153E.-(1) The parties to an application to the Tribunal under subsection 183(5) for the fixing of the terms for the doing of an act comprised in a copyright where the act is done for the services of the Commonwealth or a State are:

(a) the Commonwealth or the State, as the case may be; and

(b) the owner of the copyright.

(2) If an application is made to the Tribunal under subsection 183(5), the Tribunal is to consider the application and, after giving the parties to the application an opportunity of presenting their cases, is to make an order fixing the terms for the doing of the act.

Applications to Tribunal to Declare Collecting
Society for Government Copies

153F.-(1) A company limited by guarantee may apply to the Tribunal for a declaration that the company be a collecting society for the purposes of Division 2 of Part VII.

(2) The parties to the application are the applicant and any person made a party by the Tribunal.

(3) The Tribunal may make a person a party if:

(a) the person asks to be made a party; and

(b) the Tribunal thinks that the person has a sufficient interest in either or both of the following questions:

(i) whether the applicant should be declared to be a collecting society;

(ii) whether any current declaration of a company as a collecting society should be revoked.

(4) After giving each party an opportunity of presenting its case, the Tribunal must:

(a) declare the applicant to be a collecting society for the purposes of Division 2 of Part VII; or

(b) reject the application.

(5) A declaration of a company as a collecting society for the purposes of Division 2 of Part VII may be a declaration in relation to:

(a) all government copies; or

(b) a specified class of government copies.

(6) The Tribunal may only declare the applicant to be a collecting society if the Tribunal is satisfied:

(a) that the applicant is a company limited by guarantee incorporated under a law in force in a State or Territory relating to companies; and

(b) in the case of an application for a declaration in relation to all government copies, that the applicant's rules permit the owner, or the agent of the owner, of the copyright in any copyright material to become a member; and

(c) in the case of an application for a declaration in relation to a class of government copies, that the applicant's rules permit the owner, or the agent of the owner, of the copyright in any copyright material a reproduction of which in accordance with section 183 would be within that class to become a member; and

(d) that the applicant's rules prohibit the payment of dividends to its members; and

(e) that the applicant's rules contain such provisions about all of the following matters as are adequate for the protection of its members:

(i) the collection of remuneration payable under section 183A;

(ii) the payment of administrative costs of the collecting society out of remuneration it collects;

(iii) the distribution of remuneration the collecting society collects;

(iv) the collecting society holding on trust remuneration for owners of copyright in copyright material who are not members of the society;

(v) access to the collecting society's records by its members; and

(f) that the applicant's rules contain such other provisions as are required by the regulations to be included for the protection of members of the society.

(7) A declaration must specify the day on which it takes effect.

(8) If the Tribunal makes a declaration under this section, the Secretary to the Tribunal must publish the declaration in the Gazette.

Applications to Tribunal to Revoke a Declaration
of a Collecting Society

153G.-(1) Any of the following persons may apply to the Tribunal for the revocation of a declaration under section 153F:

(a) the collecting society;

(b) a member of the collecting society;

(c) a government.

(2) The parties to an application are:

(a) the applicant for revocation of the declaration; and

(b) if the collecting society is not the applicant for revocation of the declaration-the collecting society; and

(c) any person made a party by the Tribunal.

(3) The Tribunal may make a person a party if:

(a) the person asks to be made a party; and

(b) the Tribunal thinks that the person has a sufficient interest in the question whether the declaration of the collecting society should be revoked.

(4) After giving each party an opportunity of presenting its case, the Tribunal must:

(a) revoke the declaration of the collecting society; or

(b) reject the application.

(5) The Tribunal may only revoke the declaration of a company as the collecting society if the Tribunal is satisfied that the company:

(a) is not functioning adequately as the collecting society; or

(b) is not acting in accordance with its rules or in the best interests of its members who own copyright in copyright material or who are agents of copyright owners; or

(c) has altered its rules so that they no longer comply with any one or more of paragraphs 153F(6) (b) to (f); or

(d) has contravened section 183D or 183E (dealing with reporting and accounting, and alteration of rules).

(6) A revocation must specify the day on which it takes effect.

(7) If the Tribunal revokes the declaration of the collecting society, the Secretary to the Tribunal must publish notice of the revocation in the Gazette.

Time Limit for Deciding Applications Under
Section 153F or 153G

153H.-(1) The Tribunal must make its decision on an application under section 153F or 153G within 6 months after the conclusion of the hearing of the application.

(2) The 6 months time limit in subsection (1) does not apply if the Tribunal thinks that the matter cannot be dealt with properly within that period of 6 months, whether because of its complexity or because of other special circumstances.

(3) If subsection (2) applies, the Tribunal must tell the applicant before the end of the 6 months period that the matter cannot be dealt with properly within that period.

Amendment and Revocation of a Declaration on
the Declaration of Another Collecting Society

153J.-(1) If:

(a) a declaration (the previous declaration) is in force under section 153F; and

(b) the Tribunal, under that section, declares another company to be the collecting society for the purposes of Division 2 of Part VII in relation to a class of government copies that includes some of the government copies to which the previous declaration relates;

the Tribunal must amend the previous declaration so as to exclude from the government copies to which it relates all government copies to which the declaration of the company referred to in paragraph (b) relates.

(2) An amendment of a declaration under subsection (1) takes effect when the declaration of the company referred to in paragraph (1) (b) takes effect.

(3) If:

(a) a declaration (the previous declaration) is in force under section 153F; and

(b) the Tribunal makes another declaration under that section in relation to:

(i) all government copies; or

(ii) a class of government copies that includes all government copies to which the previous declaration relates;

the Tribunal must revoke the previous declaration.

(4) The revocation of a declaration under subsection (3) takes effect when the declaration referred to in paragraph (3) (b) takes effect.

(5) The Secretary to the Tribunal must publish in the Gazette notice of an amendment or revocation made under this section.

Applications to Tribunal for Method of Working Out
Payment for Government Copies

153K.-(1) A collecting society or a government may apply to the Tribunal for an order determining the method for working out remuneration payable under subsection 183A(2) for government copies made for the services of the government in a particular period.

(2) The parties to an application are the collecting society and the government.

(3) After giving each party an opportunity of presenting its case, the Tribunal must make an order determining the method.

Note: Subsection 183A(3) sets out matters that the method must provide for. Subsection 183A(4) sets out matters that the method may provide for.

(4) An order may also specify how and when payments of the amount worked out using the method determined are to be made.

Applications to Tribunal for Review of Declarations
of Certain Educational Institutions

153L.-(1) This section applies where an application is made to the Tribunal under subsection 10A(5A) for review of a declaration included in a notice published under subsection 10A(4) for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).

(2) The parties to the application are:

(a) the collecting society that made the application; and

(b) the body administering the institution that caused the notice to be published.

(3) After giving each party an opportunity to present its case, the Tribunal must:

(a) confirm the declaration; or

(b) set aside the notice.

(4) If the Tribunal sets aside the notice, the Tribunal must cause to be published in the Gazette a notice that:

(a) sets out full particulars of the name and address of the institution; and

(b) contains a statement to the effect that the notice previously published by the body administering the institution under subsection 10A(4) has been set aside.

Upon publication of the Tribunal's notice, the notice published under subsection 10A(4) ceases to have effect for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).

(5) The Tribunal may only set aside a notice if it determines that the principal function, or the principal functions, as the case may be, of the institution concerned are not as described in the declaration included in the notice.

Applications to the Tribunal Under Subsection 135ZZM(1)

153M.-(1) The parties to an application to the Tribunal under subsection 135ZZM(1) for the determination of the amount of equitable remuneration payable to a collecting society by a retransmitter for the making, by or on behalf of the retransmitter, of a retransmission of a free-to-air broadcast are the society and the retransmitter.

(2) On an application to the Tribunal under subsection 135ZZM(1), the Tribunal must consider the application and, after giving the parties an opportunity to present their cases, make an order determining the amount that it considers to be equitable remuneration for the making of retransmissions of free-to-air broadcasts.

(3) In making an order, the Tribunal may have regard to such matters (if any) as are prescribed.

(4) An order may be expressed to have effect in relation to retransmissions of free-to-air broadcasts made in reliance on section 135ZZK before the day on which the order is made.

(5) In this section, collecting society, free-to-air broadcast and retransmitter have the same meanings as in Part VC.

Applications to Tribunal Under Subsection 135ZZN(3)

153N.-(1) The parties to an application to the Tribunal under subsection 135ZZN(3) for the determination of a record system are the collecting society and the retransmitter concerned.

(2) On an application to the Tribunal under subsection 135ZZN(3), the Tribunal must consider the application and, after giving the parties an opportunity to present their cases, make an order determining the record system.

(3) In this section, collecting society and retransmitter have the same meanings as in Part VC.

Reference of Proposed Licence Schemes to Tribunal

154.-(1) Where a licensor proposes to bring a licence scheme into operation, he or she may refer the scheme to the Tribunal.

(2) The parties to a reference under this section are:

(a) the licensor referring the scheme; and

(b) such organizations or persons (if any) as apply to the Tribunal to be made parties to the reference and, in accordance with the next succeeding subsection, are made parties to the reference.

(3) Where an organization (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to a reference, and the Tribunal is satisfied that the organization or person has a substantial interest in the operation of the scheme to which the reference relates, the Tribunal may, if it thinks fit, make that organization or person a party to the reference.

(4) The Tribunal shall consider a scheme referred under this section and, after giving to the parties to the reference an opportunity of presenting their cases, shall make such order, either confirming or varying the scheme, as the Tribunal considers reasonable in the circumstances.

(5) An order (other than an interim order) of the Tribunal under this section may, notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or for such period as the Tribunal thinks fit.

(6) Where a licence scheme has been referred to the Tribunal under this section, the licensor may do either or both of the following things:

(a) bring the scheme into operation before the Tribunal makes an order in pursuance of the reference;

(b) withdraw the reference at any time before the Tribunal makes an order in pursuance of the reference, whether the scheme has been brought into operation or not.

(7) If the scheme is not brought into operation before an order is made in pursuance of the reference, the scheme as confirmed or varied by the order comes into operation, notwithstanding anything contained in the scheme, forthwith upon the making of the order.

(8) After the making of an order in pursuance of the reference, the scheme as confirmed or varied by the order remains in operation, notwithstanding anything contained in the scheme, so long as the order remains in force.

Reference of Existing Licence Schemes to Tribunal

155.-(1) Where, at any time while a licence scheme is in operation, a dispute arises with respect to the terms of the scheme between the licensor operating the scheme and:

(a) an organization claiming to be representative of persons requiring licences in cases included in a class of cases to which the scheme applies; or

(b) any person claiming that he or she requires a licence in a case included in a class of cases to which the scheme applies;

the licensor, organization or person concerned may refer the scheme to the Tribunal in so far as the scheme relates to cases included in that class.

(2) The parties to a reference under this section are:

(a) the licensor, organization or person referring the scheme;

(b) if the reference is not made by the licensor operating the scheme-that licensor; and

(c) such other organizations or persons (if any) as apply to the Tribunal to be made parties to the reference and, in accordance with the next succeeding subsection, are made parties to the reference.

(3) Where an organization (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to a reference, and the Tribunal is satisfied that the organization or person has a substantial interest in the matter in dispute, the Tribunal may, if it thinks fit, make that organization or person a party to the reference.

(4) The Tribunal shall not begin to consider a reference under this section by an organization unless the Tribunal is satisfied that the organization is reasonably representative of the class of persons that it claims to represent.

(5) Subject to the last preceding subsection, where a licence scheme is referred to the Tribunal under this section, the Tribunal shall consider the matter in dispute and, after giving to the parties to the reference an opportunity of presenting their cases, shall make such order, either confirming or varying the scheme, in so far as it relates to cases included in the class of cases to which the reference relates, as the Tribunal considers reasonable in the circumstances.

(6) An order (other than an interim order) of the Tribunal under this section may, notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or for such period as the Tribunal thinks fit.

(7) A reference of a licence scheme to the Tribunal under this section may be withdrawn at any time before an order is made in pursuance of the reference.

(8) Where a licence scheme has been referred to the Tribunal under this section, the scheme remains in operation, notwithstanding anything contained in the scheme, until the Tribunal makes an order in pursuance of the reference.

(9) The last preceding subsection does not apply in relation to a reference with respect to any period after the reference has been withdrawn or after the Tribunal has refused to begin to consider the reference in pursuance of subsection (4).

(10) After the making of an order in pursuance of the reference, the scheme as confirmed or varied by the order remains in operation, notwithstanding anything contained in the scheme, so long as the order remains in force.

Further Reference of Licence Schemes to Tribunal

156.-(1) Where the Tribunal has made an order (other than an interim order) under either of the last two preceding sections with respect to a licence scheme, then, subject to the next succeeding subsection, at any time while the order remains in force:

(a) the licensor operating the scheme;

(b) any organization claiming to be representative of persons requiring licences in cases included in the class of cases to which the order applies; or

(c) any person claiming that he or she requires a licence in a case included in that class;

may refer the scheme again to the Tribunal in so far as it relates to cases included in that class.

(2) A licence scheme shall not, except with the leave of the Tribunal, be referred again to the Tribunal under the last preceding subsection at a time earlier than:

(a) where the order concerned was made so as to be in force indefinitely or for a period exceeding 15 months-the expiration of the period of 12 months commencing on the date on which the order was made; or

(b) where the order concerned was made so as to be in force for a period not exceeding 15 months-the commencement of the period of 3 months ending on the date of expiration of the order.

(3) The parties to a reference under this section are:

(a) the licensor, organization or person referring the scheme;

(b) if the reference is not made by the licensor operating the scheme-that licensor; and

(c) such other organizations or persons (if any) as apply to the Tribunal to be made parties to the reference and, in accordance with the provisions applicable in that behalf by virtue of subsection (5), are made parties to the reference.

(4) Subject to the next succeeding subsection, where a licence scheme is referred to the Tribunal under this section, the Tribunal shall consider the matter in dispute and, after giving to the parties to the reference an opportunity of presenting their cases, shall make such order in relation to the scheme as previously confirmed or varied, in so far as it relates to cases included in the class of cases to which the reference relates, whether by way of confirming, varying or further varying the scheme, as the Tribunal considers reasonable in the circumstances.

(5) Subsections 155(3), (4), and (6) to (10) inclusive apply for the purposes of this section.

(6) The preceding subsections of this section have effect in relation to orders made under this section in like manner as they have effect in relation to orders made under either of the last two preceding sections.

(7) Nothing in this section prevents a licence scheme in respect of which an order has been made under either of the last two preceding sections from being again referred to the Tribunal under that section:

(a) in so far as the scheme relates to cases included in a class of cases to which the order does not apply-at any time; and

(b) in so far as the scheme relates to cases included in the class of cases to which the order applied while it was in
force-after the expiration of the order.

Application to Tribunal in Relation to Licences

157.-(1) A person who claims, in a case to which a licence scheme applies, that the licensor operating the scheme has refused or failed to grant him or her a licence in accordance with the scheme, or to procure the grant to him or her of such a licence, may apply to the Tribunal under this section.

(2) A person who claims, in a case to which a licence scheme applies, that he or she requires a licence but that the grant of a licence in accordance with the scheme would, in that case, be subject to the payment of charges, or to conditions, that are not reasonable in the circumstances of the case may apply to the Tribunal under this section.

(3) A person who claims that he or she requires a licence in a case to which a licence scheme does not apply (including a case where a licence scheme has not been formulated or is not in operation) and:

(a) that a licensor has refused or failed to grant the licence, or to procure the grant of the licence, and that in the circumstances it is unreasonable that the licence should not be granted; or

(b) that a licensor proposes that the licence should be granted subject to the payment of charges, or to conditions, that are unreasonable;

may apply to the Tribunal under this section.

(4) An organization that claims that it is representative of persons requiring licences in cases to which a licence scheme does not apply (including cases where a licence scheme has not been formulated or is not in operation) and:

(a) that a licensor has refused or failed to grant the licences, or to procure the grant of the licences, and that in the circumstances it is unreasonable that the licences should not be granted; or

(b) that a licensor proposes that the licences should be granted subject to the payment of charges, or to conditions, that are unreasonable;

may apply to the Tribunal under this section.

(5) Where an organization (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to an application under any of the preceding subsections of this section, and the Tribunal is satisfied that the organization or person has a substantial interest in the matter in dispute, the Tribunal may, if it thinks fit, make that organization or person a party to the application.

(6) Where an application is made to the Tribunal under subsection (1), (2), (3) or (4), the Tribunal shall give to the applicant, to the licensor concerned and to every other party (if any) to the application an opportunity of presenting their cases and, if the Tribunal is satisfied that the claim of the applicant is well-founded, the Tribunal shall make an order specifying, in respect of the matters specified in the order:

(a) in the case of an application under subsection (1) -the charges, if any, and the conditions, that the Tribunal considers to be applicable in accordance with the licence scheme in relation to the applicant;

(b) in the case of an application under subsection (2) or subsection (3) -the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to the applicant; or

(c) in the case of an application under subsection (4)-the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to persons, or to persons included in classes of persons, specified in the order, being persons who were represented by the applicant or were parties to the application.

(7) A reference in this section to a failure to grant a licence, or to procure the grant of a licence, shall be read as a reference to a failure to grant the licence, or to procure the grant of the licence, as the case may be, within a reasonable time after a request to do so.

Effect of Licence Scheme Being Continued in
Operation Pending Order of the Tribunal

158.-(1) Where a licence scheme is in operation by virtue of this Part pending the making of an order on a reference under this Part and a person, in a case to which the scheme applies, does anything that, apart from this subsection, would be an infringement of a copyright but would not be such an infringement if the person were the holder of a licence granted in accordance with the scheme in so far as the scheme relates to cases to which the reference relates, that person shall, if he or she has complied with the relevant requirements, be in the like position, in any proceedings for infringement of that copyright, as if he or she had at the material time been the holder of such a licence.

(2) For the purposes of the last preceding subsection, the relevant requirements are:

(a) that, at all material times, the person concerned has complied with the conditions that, in accordance with the licence scheme, would be applicable to a licence in respect of the case concerned; and

(b) where, in accordance with the scheme, any charges are payable in respect of such a licence-that, at the material time, the person concerned had paid those charges to the licensor operating the scheme, or, if at that time the amount payable could not be ascertained, he or she had given an undertaking in writing to the licensor to pay the charges when ascertained.

(3) A person who does anything in relation to which subsection (1) applies is liable to pay to the licensor operating the licence scheme concerned the amount of any charges that would be payable if he or she were the holder of a licence granted in accordance with the scheme in so far as the scheme relates to the doing of that thing and the licensor may recover that amount in a court of competent jurisdiction from the person as a debt due to the licensor.

Effect of Order of Tribunal in Relation to Licences

159.-(1) Where an order made on a reference under this Part with respect to a licence scheme is for the time being in force and a person, in a case to which the scheme as confirmed or varied by the order applies, does anything that, apart from this subsection, would be an infringement of copyright but would not be such an infringement if he or she were the holder of a licence granted in accordance with the scheme, as confirmed or varied by the order, in so far as the scheme relates to cases to which the order applies, that person shall, if he or she has complied with the relevant requirements, be in the like position, in any proceedings for infringement of that copyright, as if he or she had at the material time been the holder of such a licence.

(2) For the purposes of the last preceding subsection, the relevant requirements are:

(a) that, at all material times, the person concerned has complied with the conditions that, in accordance with the licence scheme as confirmed or varied by the order, would be applicable to a licence in respect of the case concerned; and

(b) where, in accordance with the scheme as so confirmed or varied, any charges are payable in respect of such a licence-that, at the material time, the person concerned had paid those charges to the licensor operating the scheme, or, if at that time the amount payable could not be ascertained, he or she had given an undertaking in writing to the licensor to pay the charges when ascertained.

(3) A person who does anything in relation to which subsection (1) applies is liable to pay to the licensor operating the licence scheme concerned the amount of any charges that would be payable if he or she were the holder of a licence granted in accordance with the scheme, as confirmed or varied by the order, in so far as the scheme relates to the doing of that thing and the licensor may recover that amount in a court of competent jurisdiction from the person as a debt due to the licensor.

(4) Where the Tribunal has made an order on an application under subsection 157(1), (2) or (3) specifying charges, if any, and conditions, in relation to the applicant, in respect of the matters specified in the order, then if:

(a) the applicant has complied with the conditions specified in the order; and

(b) in a case where the order specifies any charges-he or she has paid those charges to the licensor or, if the amount payable could not be ascertained, has given to the licensor an undertaking in writing to pay the charges when ascertained;

the applicant shall be in the like position, in any proceedings for infringement of copyright relating to any of those matters, as if he or she had at all material times been the holder of a licence granted by the owner of the copyright concerned on the conditions, and subject to payment of the charges (if any), specified in the order.

(5) Where the Tribunal has made an order on an application under subsection 157(4) specifying charges (if any) and conditions, in relation to the persons, or to persons included in the classes of persons, specified in the order, in respect of matters specified in the order, then, if:

(a) any such person has complied with the conditions specified in the order; and

(b) in the case where the order specifies any charges-the person has paid those charges to the licensor or, if the amount payable could not be ascertained, has given to the licensor an undertaking in writing to pay the charges when ascertained;

that person shall be in the like position, in any proceedings for infringement of copyright relating to any of those matters, as if he or she had at all material times been the holder of a licence granted by the owner of the copyright concerned on the conditions, and subject to payment of the charges (if any), specified in the order.

(6) Where a person in relation to whom an order referred to in subsection (4) or subsection (5) applies does, in relation to any of the matters specified in that order, anything that, apart from that subsection, would be an infringement of copyright but would not be such an infringement if he or she were the holder of a licence in respect of the doing of that thing granted by the owner of the copyright concerned on the conditions and subject to payment of the charges (if any) specified in the order, that person is liable to pay to the owner of the copyright the amount of any charges that would be payable if he or she were the holder of such a licence and the owner of the copyright may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner of the copyright.

Interim Orders

160. Where an application or reference is made to the Tribunal under this Act, the Tribunal may make an interim order having effect until the final decision of the Tribunal on the application or reference.

Reference of Questions of Law to Federal Court of Australia

161.-(1) The Tribunal may, of its own motion or at the request of a party, refer a question of law arising in proceedings before it for determination by the Federal Court of Australia.

(2) A question shall not be referred to the Federal Court of Australia by virtue of the last preceding subsection in pursuance of a request made after the date on which the Tribunal gave its decision in the proceedings unless the request is made before the expiration of such period as is prescribed.

(3) If the Tribunal, after giving its decision in any proceedings, refuses a request to refer a question to the Federal Court of Australia, the party by whom the request was made may, within such period as is prescribed, apply to the Federal Court of Australia for an order directing the Tribunal to refer the question to the Federal Court of Australia.

(4) Where a reference is made to the Federal Court of Australia under this section with respect to any proceedings before the Tribunal, and where an application is made under the last preceding subsection with respect to any such proceedings, every party to the proceedings before the Tribunal is entitled to appear and to be heard.

(5) Where, after the Tribunal has given its decision in any proceedings, the Tribunal refers to the Federal Court of Australia under this section a question of law that arose in the course of the proceedings, and the Federal Court of Australia decides that the question was erroneously determined by the Tribunal:

(a) the Tribunal shall reconsider the matter in dispute and, if it considers it necessary to do so for the purpose of giving effect to the decision of the Federal Court of Australia, shall give to the parties to the proceedings a further opportunity of presenting their cases; and

(b) if it appears to the Tribunal to be appropriate, and in conformity with the decision of the Federal Court of Australia, to do so, the Tribunal shall make such order revoking or modifying any order previously made by it in the proceedings, or, in the case of proceedings under section 157 where the Tribunal refused to make an order, shall make such order under that section, as the Tribunal considers to be appropriate.

(6) A reference of a question by the Tribunal to the Federal Court of Australia under this section shall be by way of stating a case for the opinion of the Federal Court of Australia.

(7) Jurisdiction is conferred on the Federal Court of Australia to hear and determine a question of law referred to it under this section.

(8) For the purposes of this section, a question of law does not include a question whether there is sufficient evidence to justify a finding of fact by the Tribunal.

Agreements or Awards Not Affected

162. Nothing in this Part affects the operation of any agreement or of any award made by an arbitrator, whether the agreement or award was made before, or is made after, the commencement of this Act.

Division 4
Procedure and Evidence
Proceedings to Be in Public Except in Special Circumstances

163.-(1) Subject to this section, the hearing of proceedings before the Tribunal shall be in public.

(2) Where the Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Tribunal may:

(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; or

(b) give directions prohibiting or restricting the publication of evidence given before the Tribunal (whether in public or in private) or of matters contained in documents produced to the Tribunal.

Application May be Made to Tribunal
by the Agent of the Copyright Owner

163A.-(1) An owner of copyright may make an application to the Tribunal under this Act by his or her agent.

(2) Two or more owners of copyright may jointly make a single application to the Tribunal by the same agent against the same person or body.

Procedure

164. In proceedings before the Tribunal:

(a) the procedure of the Tribunal is, subject to this Act and the regulations, within the discretion of the Tribunal;

(b) the Tribunal is not bound by the rules of evidence; and

(c) the proceedings shall be conducted with as little formality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Tribunal permit.

Mistakes or Errors in Orders of the Tribunal

165. The Tribunal may correct, in any order of the Tribunal, a clerical mistake or an error arising from an accidental slip or omission.

Regulations as to Procedure

166.-(1) The regulations may make provision for or in relation to the procedure in connexion with the making of references and applications to the Tribunal and the regulation of proceedings before the Tribunal and may prescribe the fees payable in respect of those references and applications and the fees and expenses of witnesses in those proceedings.

(2) The regulations may include provision:

(a) for requiring notice of an intended reference to the Tribunal under section 154, section 155 or section 156 to be advertised in accordance with the regulations;

(b) for requiring notice of an intended application to the Federal Court of Australia under subsection 161(3) to be given to the Tribunal and to the other parties to the proceedings, and for limiting the time within which any such notice is to be given;

(c) for suspending, or authorizing or requiring the Tribunal to suspend, the operation of orders of the Tribunal in cases where, after giving its decision, the Tribunal refers a question of law to the Federal Court of Australia;

(d) for modifying, in relation to orders of the Tribunal the operation of which is suspended, the operation of any provisions of this Part as to the effect of orders made under this Part;

(e) for the publication of notices, or the doing of any other things, to ensure that persons affected by the suspension of an order of the Tribunal will be informed of its suspension; and

(f) for regulating or prescribing any other matters incidental to or consequential upon any request, application, order or decision under section 161.

Power to Take Evidence on Oath

167.-(1) The Tribunal may take evidence on oath or affirmation, and for that purpose a member may administer an oath or affirmation.

(2) A member or the Secretary to the Tribunal may summon a person to appear before the Tribunal to give evidence and to produce such documents and articles (if any) as are referred to in the summons.

Evidence in Form of Written Statement

168. The Tribunal may, if it thinks fit, permit a person appearing as a witness before the Tribunal to give evidence by tendering, and verifying by oath or affirmation, a written statement, which shall be filed with the Secretary to the Tribunal.

Representation

169. In proceedings before the Tribunal:

(a) a party other than a body corporate or an unincorporated body of persons may appear in person or be represented by an employee of the party approved by the Tribunal;

(b) a party being a body corporate may be represented by a director or other officer, or by an employee, of the party approved by the Tribunal;

(c) a party being an unincorporated body of persons or a member of such a body may be represented by a member, or by an officer or employee, of the body approved by the Tribunal; and

(d) any party may be represented by a barrister or solicitor of the High Court or of the Supreme Court of a State or of a Territory.

Division 5
Miscellaneous
Secretary and Other Staff

170.-(1) There shall be a Secretary to the Tribunal, who shall be appointed by the Attorney-General.

(2) The Secretary, and any other staff necessary to assist the Tribunal, shall be persons employed under, or whose services are made available in accordance with arrangements made under, the Public Service Act 1999.

Protection of Members, Barristers and Witnesses

171.-(1) A member has, in the performance of his or her duty as a member, the same protection and immunity as a Justice of the High Court.

(2) A barrister, solicitor or other person appearing before the Tribunal on behalf of a party has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(3) A person summoned to appear before the Tribunal as a witness has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, in any civil or criminal proceedings as a witness in proceedings in the High Court.

Disobedience to Summons etc.

172.-(1) A person who has been summoned to appear as a witness before the Tribunal shall not, after tender of reasonable expenses, fail to appear in obedience to the summons.

Penalty: 10 penalty units or imprisonment for 3 months.

(2) A person who has been summoned to produce a document or article to the Tribunal shall not, after tender of reasonable expenses, fail to produce the document or article.

Penalty: 10 penalty units or imprisonment for 3 months.

(3) A person who appears before the Tribunal shall not refuse to be sworn or to make an affirmation, or to produce documents or articles, or to answer questions, that he or she is required by the Tribunal to produce or answer.

Penalty: 10 penalty units or imprisonment for 3 months.

(4) Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Contempt of Tribunal etc.

173. A person shall not:

(a) insult or disturb a member in the exercise of his or her powers or functions as a member;

(b) interrupt the proceedings of the Tribunal;

(c) use insulting language towards a member;

(d) create a disturbance or take part in creating or continuing a disturbance in or near a place where the Tribunal is sitting;

(e) contravene or fail to comply with a direction of the Tribunal given under paragraph 163(2) (b); or

(f) do any other act or thing that would, if the Tribunal were a court of record, constitute a contempt of that court.

Penalty: $1,000 or imprisonment for 3 months.

Costs of Proceedings

174.-(1) The Tribunal may order that the costs of any proceedings before it incurred by any party, or a part of those costs, shall be paid by any other party and may tax or settle the amount of the costs to be so paid, or specify the manner in which they are to be taxed.

(1A) In taxing or settling under subsection (1) the amount of the costs, or of a part of the costs, of any proceedings before the Tribunal incurred by a party, the Tribunal or the person or persons taxing or settling those costs, as the case may be, shall allow so much only of the amount as in the opinion of the Tribunal or the person or persons, as the case may be, would be allowed if the proceedings were proceedings before the Federal Court of Australia and the costs were taxed under the Federal Court Rules.

(2) Costs directed by the Tribunal to be paid to a party may be recovered by that party in any court of competent jurisdiction.

(2A) In any proceedings before a court under subsection (2) for the recovery of costs directed by the Tribunal to be paid to a party, a certificate signed by the Secretary to the Tribunal that states that the costs have been taxed or the amount of the costs has been settled and sets out the amount of the costs as so taxed or settled is prima facie evidence of the matters stated in the certificate.

Proof of Orders of Tribunal

175. Without prejudice to any other method available by law for the proof of orders of the Tribunal, a document purporting to be a copy of such an order, and to be certified by the Secretary to the Tribunal to be a true copy of the order, is, in any proceeding, evidence of the order.

PART VII
THE CROWN
Division 1
Crown Copyright
Crown Copyright in Original Works
Made Under Direction of Crown

176.-(1) Where, apart from this section, copyright would not subsist in an original literary, dramatic, musical or artistic work made by, or under the direction or control of, the Commonwealth or a State, copyright subsists in the work by virtue of this subsection.

(2) The Commonwealth or a State is, subject to this Part and to Part X, the owner of the copyright in an original literary, dramatic, musical or artistic work made by, or under the direction or control of, the Commonwealth or the State, as the case may be.

Crown Copyright in Original Works First Published
in Australia Under Direction of Crown

177. Subject to this Part and to Part X, the Commonwealth or a State is the owner of the copyright in an original literary, dramatic, musical or artistic work first published in Australia if first published by, or under the direction or control of, the Commonwealth or the State, as the case may be.

Crown Copyright in Recordings and Films
Made Under Direction of Crown

178.-(1) Where, apart from this section, copyright would not subsist in a sound recording or cinematograph film made by, or under the direction or control of, the Commonwealth or a State, copyright subsists in the recording or film by virtue of this subsection.

(2) The Commonwealth or a State is, subject to this Part and to Part X, the owner of the copyright in a sound recording or cinematograph film made by, or under the direction or control of, the Commonwealth or the State, as the case may be.

Provisions Relating to Ownership of Copyright
May be Modified by Agreement

179. The last three preceding sections have effect subject to any agreement made by, or on behalf of, the Commonwealth or a State with the author of the work or with the maker of the sound recording or cinematograph film, as the case may be, by which it is agreed that the copyright in the work, recording or film is to vest in the author or maker, or in another person specified in the agreement.

Duration of Crown Copyright in Original Works

180.-(1) Copyright in a literary, dramatic or musical work of which the Commonwealth or a State is the owner, or would, but for an agreement to which the last preceding section applies, be the owner:

(a) where the work is unpublished-continues to subsist so long as the work remains unpublished; and

(b) where the work is published-subsists, or, if copyright in the work subsisted immediately before its first publication, continues to subsist, until the expiration of 50 years after the expiration of the calendar year in which the work was first published.

(2) Subject to the next succeeding subsection, copyright in an artistic work of which the Commonwealth or a State is the owner, or would, but for an agreement to which the last preceding section applies, be the owner, continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the work was made.

(3) Copyright in an engraving or photograph of which the Commonwealth or a State is the owner, or would, but for an agreement to which the last preceding section applies, be the owner, continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the engraving or photograph is first published.

Duration of Crown Copyright in Recordings and Films

181. Copyright in a sound recording or cinematograph film of which the Commonwealth or a State is the owner, or would, but for the operation of an agreement to which section 179 applies, be the owner, subsists until the expiration of 50 years after the expiration of the calendar year in which the recording or film is first published.

Application of Parts III and IV to Copyright
Subsisting by Virtue of This Part

182.-(1) Part III (other than the provisions of that Part relating to the subsistence, duration or ownership of copyright) applies in relation to copyright subsisting by virtue of this Part in a literary, dramatic, musical or artistic work in like manner as it applies in relation to copyright subsisting in such a work by virtue of that Part.

(2) Part IV (other than the provisions of that Part relating to the subsistence, duration or ownership of copyright) applies in relation to copyright subsisting by virtue of this Part in a sound recording or cinematograph film in like manner as it applies in relation to copyright subsisting in such a recording or film by virtue of that Part.

Copyright in Statutory Instruments and Judgments etc.

182A.-(1) The copyright, including any prerogative right or privilege of the Crown in the nature of copyright, in a prescribed work is not infringed by the making, by reprographic reproduction, of one copy of the whole or of a part of that work by or on behalf of a person and for a particular purpose.

(2) Subsection (1) does not apply to the making, by reprographic reproduction, of a copy of the whole or a part of the work, where a charge is made for making and supplying that copy, unless the amount of the charge does not exceed the cost of making and supplying that copy.

(3) In subsection (1), a prescribed work means:

(a) an Act or State Act, an enactment of the legislature of a Territory or an instrument (including an Ordinance or a rule, regulation or by-law) made under an Act, a State Act or such an enactment;

(b) a judgment, order or award of a Federal court or of a court of a State or Territory;

(c) a judgment, order or award of a Tribunal (not being a court) established by or under an Act or other enactment of the Commonwealth, a State or a Territory;

(d) reasons for a decision of a court referred to in paragraph (b), or of a Tribunal referred to in paragraph (c), given by the court or by the Tribunal; or

(e) reasons given by a Justice, Judge or other member of a court referred to in paragraph (b), or of a member of a Tribunal referred to in paragraph (c), for a decision given by him or her either as the sole member, or as one of the members, of the court or Tribunal.

Division 2
Use of Copyright Material for the Crown
Definitions

182B.-(1) Subject to subsection (2), in this Division:

collecting society means a company in respect of which a declaration is in force under section 153F.

copyright material means:

(a) a work; or

(b) a published edition of a work; or

(c) a sound recording; or

(d) a cinematograph film; or

(e) a television or sound broadcast; or

(f) a work that is included in a sound recording, a cinematograph film or a television or sound broadcast.

government means the Commonwealth or a State.

Note: State includes the Australian Capital Territory, the Northern Territory and Norfolk Island: see paragraph 10(3) (n), as modified by the A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment) (Statutory Rules 1989 No. 392).

government copy means a reproduction in a material form of copyright material made under subsection 183(1).

(2) A reference in subsection (1) to a work does not include a reference to a literary work that consists of a computer program or a compilation of computer programs.

Relevant Collecting Society

182C. A company is the relevant collecting society in relation to a government copy if there is in force, under Division 3 of Part VI, a declaration of the company as the collecting society for the purposes of this Division in relation to:

(a) all government copies; or

(b) a class of government copies that includes the first-mentioned government copy.

Use of Copyright Material for the Services of the Crown

183.-(1) The copyright in a literary, dramatic, musical or artistic work or a published edition of such a work, or in a sound recording, cinematograph film, television broadcast or sound broadcast, is not infringed by the Commonwealth or a State, or by a person authorized in writing by the Commonwealth or a State, doing any acts comprised in the copyright if the acts are done for the services of the Commonwealth or State.

(2) Where the Government of the Commonwealth has made an agreement or arrangement with the Government of some other country for the supply to that country of goods required for the defence of that country:

(a) the doing of any act in connexion with the supply of those goods in pursuance of the agreement or arrangement; and

(b) the sale to any person of such of those goods as are not required for the purposes of the agreement or arrangement;

shall, for the purposes of the last preceding subsection, be each deemed to be for the services of the Commonwealth.

(3) Authority may be given under subsection (1) before or after the acts in respect of which the authority is given have been done, and may be given to a person notwithstanding that he or she has a licence granted by, or binding on, the owner of the copyright to do the acts.

(4) Where an act comprised in a copyright has been done under subsection (1), the Commonwealth or State shall, as soon as possible, unless it appears to the Commonwealth or State that it would be contrary to the public interest to do so, inform the owner of the copyright, as prescribed, of the doing of the act and shall furnish him or her with such information as to the doing of the act as he or she from time to time reasonably requires.

(5) Where an act comprised in a copyright has been done under subsection (1), the terms for the doing of the act are such terms as are, whether before or after the act is done, agreed between the Commonwealth or the State and the owner of the copyright or, in default of agreement, as are fixed by the Copyright Tribunal.

(6) An agreement or licence (whether made or granted before or after the commencement of this Act) fixing the terms upon which a person other than the Commonwealth or a State may do acts comprised in a copyright is inoperative with respect to the doing of those acts, after the commencement of this Act, under subsection (1), unless the agreement or licence has been approved by the Attorney-General of the Commonwealth or the Attorney-General of the State.

(7) Where an article is sold and the sale is not, by virtue of subsection (1), an infringement of a copyright, the purchaser of the article, and a person claiming through him or her, is entitled to deal with the article as if the Commonwealth or State were the owner of that copyright.

(8) An act done under subsection (1) does not constitute publication of a work or other subject-matter and shall not be taken into account in the application of any provision of this Act relating to the duration of any copyright.

(9) Where an exclusive licence is in force in relation to any copyright, the preceding subsections of this section have effect as if any reference in those subsections to the owner of the copyright were a reference to the exclusive licensee.

(11) The reproduction, copying or communication of the whole or a part of a work or other subject-matter for the educational purposes of an educational institution of, or under the control of, the Commonwealth, a State or the Northern Territory shall, for the purposes of this section, be deemed not to be an act done for the services of the Commonwealth, that State or the Northern Territory.

Special Arrangements for Copying for
Services of Government

183A.-(1) Subsections 183(4) and (5) do not apply in relation to a government copy (whenever it was made) if a company is the relevant collecting society for the purposes of this Division in relation to the copy and the company has not ceased operating as that collecting society.

(2) If subsection 183(5) does not apply to government copies made in a particular period for the services of a government, the government must pay the relevant collecting society in relation to those copies (other than excluded copies) equitable remuneration worked out for that period using a method:

(a) agreed on by the collecting society and the government; or

(b) if there is no agreement-determined by the Tribunal under section 153K.

(3) The method of working out equitable remuneration payable to a collecting society in respect of government copies (other than excluded copies) for a period must:

(a) take into account the estimated number of those copies made for the services of the government during the period, being copies in relation to which the society is the relevant collecting society; and

(b) specify the sampling system to be used for estimating the number of copies for the purposes of paragraph (a).

(4) The method of working out the equitable remuneration payable may provide for different treatment of different kinds or classes of government copies.

(5) Subsections (3) and (4) apply whether the method is agreed on by the collecting society and the government or is determined by the Tribunal.

(6) In this section:

excluded copies means government copies in respect of which it appears to the government concerned that it would be contrary to the public interest to disclose information about the making of the copies.

Payment and Recovery of Equitable Remuneration
Payable for Government Copies

183B.-(1) Equitable remuneration payable to a collecting society under subsection 183A(2) must be paid:

(a) in the manner, and at the times, agreed on by the collecting society and the government; or

(b) if the Tribunal has made an order under subsection 153K(3) specifying how and when payments are to be made-in the manner, and at the times, specified in the order.

(2) If equitable remuneration is not paid in accordance with the agreement or the Tribunal's order, the collecting society may recover the remuneration as a debt due to the society in a court of competent jurisdiction.

Powers of Collecting Society to Carry Out Sampling

183C.-(1) This section applies if the method of working out equitable remuneration payable under subsection 183A(2) for government copies made for the services of a government has been agreed on by the government and the relevant collecting society or has been determined by the Tribunal.

(2) The collecting society may give written notice to the government that the society wishes to carry out sampling in accordance with the method during a specified period at specified premises occupied by the government. The period specified must not start earlier than 7 days after the day on which the notice is given.

(3) The government may give the collecting society a written objection, based on reasonable grounds, to the proposal to carry out sampling during the period, or at the premises, specified in the notice. However, if it does so, the notice of objection must propose an alternative period during which, or alternative premises at which, as the case may be, sampling may be carried out.

(4) If the government gives the collecting society an objection, sampling may not be carried out during the period, or at the premises, to which the objection relates unless the objection is withdrawn.

(5) If the government has not objected, or has withdrawn any objection it made, before or during the specified period, a person authorised in writing by the society may, during that period, enter the premises specified in the notice and carry out sampling in accordance with the method on any ordinary working day for government staff who work in the premises.

(6) The government must take reasonable steps to ensure that the person who attends at the premises is given all reasonable and necessary facilities and assistance for carrying out the sampling.

Annual Report and Accounts of Collecting Society

183D.-(1) As soon as practicable after the end of each financial year, a company that was a collecting society during any part of the year must prepare a report of its operations as a collecting society during the year and send a copy of the report to the Attorney-General.

(2) A collecting society must keep accounting records correctly recording and explaining the transactions of the society (including any transactions as trustee) and the financial position of the society.

(3) Accounting records must be kept in a manner that will enable true and fair accounts of the society to be prepared from time to time and to be conveniently and properly audited.

(4) As soon as practicable after the end of each financial year, a company that was a collecting society during any part of the year must:

(a) have its accounts audited by an auditor who is not a member of the society; and

(b) give a copy of the audited accounts and the auditor's report on the audit to the Attorney-General.

(5) The Attorney-General must cause a copy of a document given to the Attorney-General under subsection (1) or paragraph (4) (b) to be laid before each House of the Parliament within 15 sitting days of that House after the Attorney-General received the document.

(6) A collecting society must give its members reasonable access to copies of:

(a) all reports and audited accounts prepared by it under this section; and

(b) all auditors' reports on the audit of the accounts.

(7) This section does not affect any obligations of a collecting society relating to the preparation and lodging of annual returns or accounts under the law under which it is incorporated.

Alteration of Rules of Collecting Society

183E. If a collecting society alters its rules, it must give a copy of the altered rules, together with a statement of the effects of, and reasons for, the alteration, to the Attorney-General and the Tribunal within 21 days after the day on which the alteration was made.

PART VIII
EXTENSION OR RESTRICTION OF OPERATION OF ACT
Application of Act to Countries Other Than Australia

184.-(1) Subject to this section, the regulations may make provision applying any of the provisions of this Act (other than those of Part XIA) specified in the regulations, in relation to a country (other than Australia) so specified, in any one or more of the following ways:

(a) so that the provisions apply in relation to literary, dramatic, musical or artistic works or editions first published, or sound recordings or cinematograph films made or first published, in that country in like manner as those provisions apply in relation to literary, dramatic, musical or artistic works or editions first published, or sound recordings or cinematograph films made or first published, in Australia;

(b) so that the provisions apply in relation to artistic works that are buildings situated in that country or are attached to, or form part of, buildings situated in that country in like manner as those provisions apply in relation to artistic works that are buildings situated in Australia or are attached to, or form part of, buildings situated in Australia;

(c) so that the provisions apply in relation to persons who, at a material time, are citizens or nationals of that country in like manner as those provisions apply in relation to persons who, at such a time, are Australian citizens;

(d) so that the provisions apply in relation to persons who, at a material time, are resident in that country in like manner as those provisions apply in relation to persons who, at such a time, are resident in Australia;

(e) so that the provisions apply in relation to bodies incorporated under the law of that country in like manner as those provisions apply in relation to bodies incorporated under a law of the Commonwealth or of a State;

(f) so that the provisions apply in relation to television broadcasts and sound broadcasts made from places in that country by persons entitled under the law of that country to make such broadcasts in like manner as those provisions apply in relation to television broadcasts and sound broadcasts made from places in Australia by the Australian Broadcasting Corporation, by the Special Broadcasting Service Corporation, by a holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 or by a person authorised to make the broadcast by a class licence determined by that Authority under that Act.

(2) Regulations applying a provision of this Act in relation to a country other than Australia in accordance with the last preceding subsection:

(a) may apply the provision without exception or modification or subject to such exceptions or modifications as are specified in the regulations; and

(b) may apply the provision either generally or in relation to such classes of works or other subject-matter, or other classes of cases, as are specified in the regulations.

(3) Regulations applying any of the provisions of this Act in relation to a country, not being a country that is a party to a Convention relating to copyright to which Australia is also a party, shall not be made unless the Governor-General is satisfied that, in respect of the class of works or other subject-matter to which those provisions relate, provision has been or will be made under the law of that country by virtue of which adequate protection is or will be given to owners of copyright under this Act.

(4) Where:

(a) the identity of the author of an unpublished work is unknown but there are reasonable grounds for believing that the author of the work was, at the time when, or for a substantial part of the period during which, the work was made, a citizen or national of a country other than Australia;

(b) under the law of that country, a person is authorized to represent the author, or to protect and enforce the rights of the author, in relation to that work; and

(c) provision is made by the regulations applying any of the provisions of this Act in relation to works made by citizens or nationals of that country;

that person shall, for the purposes of those provisions as so applying, be treated as if he were the author of the work.

Denial of Copyright to Citizens of Countries
Not Giving Adequate Protection to Australian Works

185.-(1) If it appears to the Governor-General that the law of a country does not give adequate protection to Australian works, or does not give adequate protection in relation to a class or classes of such works (whether the lack of protection relates to the nature of the work or the nationality, citizenship or country of residence of its author, or all of those matters), the regulations may make provision in relation to that country in accordance with the next succeeding subsection.

(2) Regulations made for the purposes of this section may provide, either generally or in such classes of cases as are specified in the regulations, that copyright under this Act does not subsist in works first published after a date specified in the regulations (which may be a date before the commencement of the regulations or before the commencement of this Act) if, at the time of the first publication of those works, the authors of the works were or are:

(a) citizens or nationals of a country specified in the regulations, not being at that time persons resident in Australia; or

(b) in the case of works being sound recordings or cinematograph films-bodies incorporated under the law of a country specified in the regulations.

(3) In making regulations for the purposes of this section, the Governor-General shall have regard to the nature and extent of the lack of protection for Australian works by reason of which the regulations are made.

(4) In this section:

Australian work means a work the author of which was, at the time when the work was made, a qualified person for the purposes of the relevant provision of this Act.

author, in relation to a sound recording or a cinematograph film, means the maker of the recording or film.

the relevant provision of this Act means:

(a) in relation to a literary, dramatic, musical or artistic work-section 32; and

(b) in relation to a sound recording or a cinematograph film-Part IV.

work means a literary, dramatic, musical or artistic work, a sound recording or a cinematograph film.

Application of Act to International Organizations

186.-(1) Where it appears to the Governor-General that it is desirable that this Act should apply in relation to an organization:

(a) of which 2 or more countries, or the Governments of 2 or more countries, are members; or

(b) that is constituted by persons representing 2 or more countries, or representing the Governments of 2 or more countries;

the regulations may declare that organization to be an international organization to which this Act applies.

(2) An international organization to which this Act applies that otherwise does not have, or at some material time otherwise did not have, the legal capacities of a body corporate has, and shall be deemed at all material times to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and for the purposes of all legal proceedings relating to copyright.

Original Works Made or First Published by
International Organizations

187.-(1) Where an original literary, dramatic, musical or artistic work is made by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this subsection, subsist in the work:

(a) copyright subsists in the work;

(b) that copyright subsists so long as the work remains unpublished; and

(c) the organization is, subject to Part X, the owner of that copyright.

(2) Where an original literary, dramatic, musical or artistic work is first published by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this subsection, subsist in the work immediately after the first publication of the work:

(a) copyright subsists in the work, or, if copyright in the work subsisted immediately before its first publication, continues to subsist in the work;

(b) that copyright subsists until the expiration of 50 years after the expiration of the calendar year in which the work was first published; and

(c) the organization is, subject to Part X, the owner of that copyright.

(3) Part III, other than the provisions of that Part relating to the subsistence, duration or ownership of copyright, applies in relation to copyright subsisting by virtue of this section in like manner as it applies in relation to copyright subsisting by virtue of that Part.

Subject-Matter, Other Than Original Works, Made or
First Published by International Organizations

188.-(1) Where a sound recording or a cinematograph film is made by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this subsection, subsist in the recording or film:

(a) copyright subsists in the recording or film;

(b) that copyright subsists so long as the recording or film remains unpublished; and

(c) the organization is, subject to Part X, the owner of that copyright.

(2) Where a sound recording or a cinematograph film is first published by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this subsection, subsist in the recording or film immediately after the first publication of the recording or film:

(a) copyright subsists in the recording or film, or, if copyright in the recording or film subsisted immediately before its first publication, continues to subsist in the recording or film;

(b) that copyright subsists until the expiration of 50 years after the expiration of the calendar year in which the recording or film was first published; and

(c) the organization is, subject to Part X, the owner of that copyright.

(3) Where an edition of a literary, dramatic, musical or artistic work or of 2 or more literary, dramatic, musical or artistic works, other than an edition that reproduces a previous edition of the same work or works, is published by, or under the direction or control of, an international organization to which this Act applies in such circumstances that copyright would not, apart from this subsection, subsist in the edition immediately after the first publication of the edition:

(a) copyright subsists in the edition;

(b) that copyright subsists until the expiration of 25 years after the expiration of the calendar year in which the edition was first published; and

(c) the organization is, subject to Part X, the owner of that copyright.

(4) Part IV, other than the provisions of that Part relating to the subsistence, duration or ownership of copyright, applies in relation to copyright subsisting by virtue of this section in like manner as it applies in relation to copyright subsisting by virtue of that Part.

PART IX
MORAL RIGHTS OF AUTHORS OF LITERARY, DRAMATIC, MUSICAL
OR ARTISITIC WORKS AND CINEMATOGRAPH FILMS
Division 1
Preliminary
Definitions

189. In this Part, unless the contrary intention appears:

act of false attribution has the meaning given by subsection 195AC(2).

artistic work means an artistic work in which copyright subsists.

attributable act has the meaning given by subsection 193(2).

attributor has the meaning given by subsection 195AC(2).

author, in relation to a cinematograph film, means the maker of the film.

cinematograph film means the complete and final version of a cinematograph film in which copyright subsists.

deal means sell, let for hire, by way of trade offer or expose for sale or hire, exhibit in public, or distribute and, in Division 3, includes publish.

derogatory treatment has the relevant meaning given by Division 4.

director, in relation to a cinematograph film, has a meaning affected by section 191.

dramatic work means a dramatic work in which copyright subsists.

infringing article means:

(a) an article that embodies a literary, dramatic, musical or artistic work, or a cinematograph film, whether or not the article bears or contains other material; or

(b) a reproduction of, or of an adaptation of, a literary, dramatic or musical work; or

(c) a reproduction of an artistic work; or

(d) a copy of a cinematograph film;

being a work or film in respect of which a moral right of the author has been infringed, other than by derogatory treatment not involving the material distortion or alteration of, or the mutilation of, the work or film.

literary work means a literary work in which copyright subsists.

maker, in relation to a cinematograph film, means the director of the film, the producer of the film and the screenwriter of the film.

moral right means:

(a) a right of attribution of authorship; or

(b) a right not to have authorship falsely attributed; or

(c) a right of integrity of authorship.

musical work means a musical work in which copyright subsists.

name, in Division 3, includes a pseudonym, initials or a monogram.

person representing the author, in relation to a possible infringement of any of an author's moral rights in respect of a work, means a person who, under subsection 195AN(1) or (2), is entitled to exercise and enforce the moral right concerned.

producer, in relation to a cinematograph film, has the meaning given by section 191.

right of attribution of authorship has the meaning given by Division 2.

right of integrity of authorship has the meaning given by Division 4.

right not to have authorship falsely attributed has the meaning given by Division 3.

screenwriter, in relation to a cinematograph film, means the person who wrote the script or screenplay of the film, as that meaning is affected by section 191.

work means a literary work, a dramatic work, a musical work, an artistic work or a cinematograph film.

Moral Rights Conferred on Individuals

190. Only individuals have moral rights.

Director, Producer and Screenwriter of Cinematograph Film

191.-(1) A reference in this Part to the director of a cinematograph film in the direction of which 2 or more individuals were involved is a reference to the principal director of the film and does not include a reference to any subsidiary director, whether described as an associate director, line director, assistant director or in any other way.

(2) A reference in this Part to the producer of a cinematograph film is a reference to:

(a) the individual who was the producer of the film; or

(b) if there were 2 or more individuals involved in the production of the film-the individual who was the principal producer of the film;

and does not include a reference to any subsidiary producer, whether described as an executive producer, associate producer, line producer, assistant producer or in any other way.

(3) As only individuals have moral rights (see section 190), if the producer of a cinematograph film was a body corporate, the only moral rights in respect of the film are those of the director and screenwriter.

(4) A reference in this Part to the screenwriter of a cinematograph film for which 2 or more individuals were involved in the writing of the script or screenplay is a reference to the principal screenwriter.

Note: If there were 2 or more principal directors, 2 or more individuals who were the principal producers, or 2 or more principal screenwriters, of a cinematograph film, section 195AZJ, 195AZK or 195AZL applies.

Rights to be Additional to Other Rights

192. The moral rights of the author of a work are in addition to any other rights in relation to the work that the author or anyone else has under this Act.

Division 2
Right of Attribution of Authorship
Author's Right of Attribution of Authorship

193.-(1) The author of a work has a right of attribution of authorship in respect of the work.

(2) The author's right is the right to be identified in accordance with this Division as the author of the work if any of the acts (the attributable acts) mentioned in section 194 are done in respect of the work.

Acts Giving Rise to Right of Attribution of Authorship

194.-(1) If the work is a literary, dramatic or musical work, the attributable acts are the following:

(a) to reproduce the work in a material form;

(b) to publish the work;

(c) to perform the work in public;

(d) to communicate the work to the public;

(e) to make an adaptation of the work.

(2) If the work is an artistic work, the attributable acts are the following:

(a) to reproduce the work in a material form;

(b) to publish the work;

(c) to exhibit the work to the public;

(d) to communicate the work to the public.

(3) If the work is a cinematograph film, the attributable acts are the following:

(a) to make a copy of the film;

(b) to exhibit the film in public;

(c) to communicate the film to the public.

Nature of the Identification of Author

195.-(1) Subject to subsection (2), the author of a work may be identified by any reasonable form of identification.

(2) If:

(a) the author of a work has made known, either generally or to a person who is required under this Part to identify the author, that the author wishes to be identified in a particular way; and

(b) the identification of the author in that way is reasonable in the circumstances;

the identification is to be made in that way.

Identification of Author to Be Clear and
Reasonably Prominent

195AA. An identification of the author of a work must be clear and reasonably prominent.

What is a Reasonably Prominent Identification

195AB. When a literary, dramatic, musical or artistic work is reproduced in a material form, an adaptation is made of a literary, dramatic or musical work, or a copy of a cinematograph film is made, an identification of the author is taken to be reasonably prominent if it is included on each reproduction of the work or of the adaptation or on each copy of the film, as the case may be, in such a way that a person acquiring the reproduction or copy will have notice of the author's identity.

Division 3
Right Not to Have Authorship of a Work Falsely Attributed
Author's Right Not to Have Authorship Falsely Attributed

195AC.-(1) The author of a work has a right not to have authorship of the work falsely attributed.

(2) The author's right is the right not to have a person (the attributor) do, in respect of the work, any of the acts (the acts of false attribution) mentioned in the following provisions of this Division.

Acts of False Attribution of Authorship of a Literary,
Dramatic or Musical Work

195AD. If the work is a literary, dramatic or musical work, it is an act of false attribution in relation to the author of the work:

(a) to insert or affix, or to authorise the inserting or affixing of, a person's name in or on the work, or in or on a reproduction of the work, in such a way as:

(i) to imply falsely that the person is the author or an author of the work; or

(ii) to imply falsely that the work is an adaptation of a work of the person; or

(b) to deal with the work with a person's name so inserted or affixed, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of a work of the person, as the case may be; or

(c) to deal with a reproduction of the work, being a reproduction in or on which a person's name has been so inserted or affixed, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of a work of the person, as the case may be; or

(d) to perform the work in public, or communicate it to the public, as being a work of which a person is the author or as being an adaptation of a work of a person, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of the work of the person, as the case may be.

Acts of False Attribution of Authorship of Artistic Work

195AE.-(1) This section applies if the work is an artistic work.

(2) It is an act of false attribution in relation to the author of the work:

(a) to insert or affix, or to authorise the inserting or affixing of, a person's name in or on the work, or in or on a reproduction of the work, or to use, or to authorise the use of, a person's name in connection with the work, or in connection with a reproduction of the work, in such a way as to imply falsely that the person is an author of the work; or

(b) to deal with the work with a person's name so inserted or affixed, if the attributor knows that the person is not an author of the work; or

(c) to deal with a reproduction of the work, being a reproduction in or on which a person's name has been so inserted or affixed, if the attributor knows that the person is not an author of the work; or

(d) to communicate the work to the public as being a work of which a person is the author, if the attributor knows that the person is not an author of the work.

Acts of False Attribution of Authorship of Cinematograph Film

195AF.-(1) This section applies if the work is a cinematograph film.

(2) It is an act of false attribution in relation to the director, producer or screenwriter of the film:

(a) to insert or affix, or to authorise the inserting or affixing of, a person's name on the film or on a copy of the film in such a way as to imply falsely that the person is the director, producer or screenwriter, as the case may be, of the film; or

(b) to deal with the film or a copy of the film if a person's name has been so inserted or affixed on the film or a copy, as the case may be, and the attributor knows that the person is not the director, producer or screenwriter, as the case may be, of the film; or

(c) to communicate the film to the public as being a film of which a person is the director, producer or screenwriter, as the case may be, if the attributor knows that the person is not the director, producer or screenwriter of the film.

Acts of False Attribution of Authorship of Altered Literary, Dramatic,
Musical or Artistic Work

195AG.-(1) If the work is a literary, dramatic, musical or artistic work that has been altered by a person other than the author of the work, it is an act of false attribution in relation to the author of the work:

(a) to deal with the work as so altered, as being the unaltered work of the author; or

(b) to deal with a reproduction of the work as so altered, as being a reproduction of the unaltered work of the author;

if, to the knowledge of the attributor, it is not the unaltered work or a reproduction of the unaltered work, as the case may be, of the author.

(2) Subsection (1) does not apply if:

(a) the effect of the alteration is insubstantial; or

(b) the alteration was required by law to be made, or was otherwise necessary to avoid a breach of any law.

Act of False Attribution of Authorship of Altered Cinematograph Film

195AH.-(1) If the work is a cinematograph film that has been altered by a person other than the maker of the film, it is an act of false attribution in relation to the director, the producer and the screenwriter of the film to deal with a copy of the film as so altered, as being a copy of the unaltered film, if, to the knowledge of the attributor, the copy of the film is not a copy of the unaltered film.

(2) Subsection (1) does not apply if:

(a) the effect of the alteration is insubstantial; or

(b) the alteration was required by law to be made, or was otherwise necessary to avoid a breach of any law.

Division 4
Right of Integrity of Authorship of a Work
Author's Right of Integrity of Authorship

195AI.-(1) The author of a work has a right of integrity of authorship in respect of the work.

(2) The author's right is the right not to have the work subjected to derogatory treatment.

Derogatory Treatment of Literary, Dramatic or Musical Work

195AJ. In this Part:

derogatory treatment, in relation to a literary, dramatic or musical work, means:

(a) the doing, in relation to the work, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the work that is prejudicial to the author's honour or reputation; or

(b) the doing of anything else in relation to the work that is prejudicial to the author's honour or reputation.

Derogatory Treatment of Artistic Work

195AK. In this Part:

derogatory treatment, in relation to an artistic work, means:

(a) the doing, in relation to the work, of anything that results in a material distortion of, the destruction or mutilation of, or a material alteration to, the work that is prejudicial to the author's honour or reputation; or

(b) an exhibition in public of the work that is prejudicial to the author's honour or reputation because of the manner or place in which the exhibition occurs; or

(c) the doing of anything else in relation to the work that is prejudicial to the author's honour or reputation.

Derogatory Treatment of Cinematograph Film

195AL. In this Part:

derogatory treatment, in relation to a cinematograph film, means:

(a) the doing, in relation to the film, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the film that is prejudicial to the maker's honour or reputation; or

(b) the doing of anything else in relation to the film that is prejudicial to the honour or reputation of the maker of the film.

Division 5
Duration and Exercise of Moral Rights
Duration of Moral Rights

195AM.-(1) An author's right of integrity of authorship in respect of a cinematograph film continues in force until the author dies.

(2) An author's right of integrity of authorship in respect of a work other than a cinematograph film continues in force until copyright ceases to subsist in the work.

(3) An author's moral rights (other than the right of integrity of authorship) in respect of a work continue in force until copyright ceases to subsist in the work.

Exercise of Moral Rights

195AN.-(1) If the author of a work dies, the author's moral rights (other than the right of integrity of authorship in respect of a cinematograph film) in respect of the work may be exercised and enforced by his or her legal personal representative.

(2) If the affairs of the author of a work are lawfully administered by another person (except under a law for the relief of bankrupt or insolvent debtors), the author's moral rights may be exercised and enforced by the person administering his or her affairs.

(3) Subject to this section, a moral right in respect of a work is not transmissible by assignment, by will, or by devolution by operation of law.

(4) If:

(a) a cinematograph film; or

(b) a literary, dramatic, musical or artistic work as included in a cinematograph film;

has 2 or more authors, the authors may enter into a written co-authorship agreement by which each of them agrees not to exercise his or her right of integrity of authorship in respect of the film or work, as the case may be, except jointly with the other author or authors.

(5) A co-authorship agreement has effect according to its terms.

Division 6
Infringement of Moral Rights
Infringement of Right of Attribution of Authorship

195AO. Subject to this Division, a person infringes an author's right of attribution of authorship in respect of a work if the person does, or authorises the doing of, an attributable act in respect of the work without the identification of the author in accordance with Division 2 as the author of the work.

Infringement of Right Not to Have Authorship Falsely Attributed

195AP. Subject to this Division, a person infringes an author's right not to have authorship of a work falsely attributed if the person does an act of false attribution in respect of the work.

Infringement of Right of Integrity of Authorship

195AQ.-(1) This section has effect subject to this Division.

(2) A person infringes an author's right of integrity of authorship in respect of a work if the person subjects the work, or authorises the work to be subjected, to derogatory treatment.

(3) If a literary, dramatic or musical work has been subjected to derogatory treatment of a kind mentioned in paragraph (a) of the definition of derogatory treatment in section 195AJ that infringes the author's right of integrity of authorship in respect of the work, a person infringes the author's right of integrity of authorship in respect of the work if the person does any of the following in respect of the work as so derogatorily treated:

(a) reproduces it in a material form;

(b) publishes it;

(c) performs it in public;

(d) communicates it to the public;

(e) makes an adaptation of it.

(4) If an artistic work has been subjected to derogatory treatment of a kind mentioned in paragraph (a) of the definition of derogatory treatment in section 195AK that infringes the author's right of integrity of authorship in respect of the work, a person infringes the author's right of integrity of authorship in respect of the work if the person does any of the following in respect of the work as so derogatorily treated:

(a) reproduces it in a material form;

(b) publishes it;

(c) communicates it to the public.

(5) If a cinematograph film has been subjected to derogatory treatment of a kind mentioned in paragraph (a) of the definition of derogatory treatment in section 195AL that infringes the author's right of integrity of authorship in respect of the film, a person infringes the author's right of integrity of authorship in respect of the film if the person does any of the following in respect of the film as so derogatorily treated:

(a) makes a copy of it;

(b) exhibits it;

(c) communicates it to the public.

No Infringement of Right of Attribution of Authorship if
it was Reasonable Not to Identify the Author

195AR.-(1) A person who does, or authorises the doing of, an attributable act in respect of a work does not, because the author of the work is not identified, infringe the author's right of attribution of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances not to identify the author.

(2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify the author of a literary, dramatic, musical or artistic work include the following:

(a) the nature of the work;

(b) the purpose for which the work is used;

(c) the manner in which the work is used;

(d) the context in which the work is used;

(e) any practice, in the industry in which the work is used, that is relevant to the work or the use of the work;

(f) any practice contained in a voluntary code of practice, in the industry in which the work is used, that is relevant to the work or the use of the work;

(g) any difficulty or expense that would have been incurred as a result of identifying the author;

(h) whether the work was made:

(i) in the course of the author's employment; or

(ii) under a contract for the performance by the author of services for another person;

(i) if the work has 2 or more authors-their views about the failure to identify them.

(3) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify the maker of a cinematograph film include the following:

(a) the nature of the film;

(b) whether the primary purpose for which the film was made was for exhibition at cinemas, for broadcasting by television or for some other purpose;

(c) the purpose for which the film is used;

(d) the manner in which the film is used;

(e) the context in which the film is used;

(f) any practice, in the industry in which the film is used, that is relevant to the film or the use of the film;

(g) any practice contained in a voluntary code of practice, in the industry in which the film is used, that is relevant to the film or the use of the film;

(h) any difficulty or expense that would have been incurred as a result of identifying the maker;

(i) whether the film was made in the course of the employment of the director, producer or screenwriter.

No Infringement of Right of Integrity of Authorship if
Derogatory Treatment or Other Action Was Reasonable

195AS.-(1) A person does not, by subjecting a work, or authorising a work to be subjected, to derogatory treatment, infringe the author's right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to subject the work to the treatment.

(2) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a literary, dramatic, musical or artistic work to derogatory treatment include the following:

(a) the nature of the work;

(b) the purpose for which the work is used;

(c) the manner in which the work is used;

(d) the context in which the work is used;

(e) any practice, in the industry in which the work is used, that is relevant to the work or the use of the work;

(f) any practice contained in a voluntary code of practice, in the industry in which the work is used, that is relevant to the work or the use of the work;

(g) whether the work was made:

(i) in the course of the author's employment; or

(ii) under a contract for the performance by the author of services for another person;

(h) whether the treatment was required by law or was otherwise necessary to avoid a breach of any law;

(i) if the work has 2 or more authors-their views about the treatment.

(3) The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a cinematograph film to derogatory treatment include the following:

(a) the nature of the film;

(b) whether the primary purpose for which the film was made was for exhibition at cinemas, for broadcasting by television or for some other use;

(c) the purpose for which the film is used;

(d) the manner in which the film is used;

(e) the context in which the film is used;

(f) any practice, in the industry in which the film is used, that is relevant to the film or the use of the film;

(g) any practice contained in a voluntary code of practice, in the industry in which the film is used, that is relevant to the film or the use of the film;

(h) whether the film was made in the course of the employment of the director, producer or screenwriter who alleges that the treatment was derogatory;

(i) whether the treatment was required by law or was otherwise necessary to avoid a breach of any law.

(4) A person who does any act referred to in subsection 195AQ(3), (4) or (5) in respect of a work that has been subjected to derogatory treatment of a kind mentioned in that subsection does not, by doing that act, infringe the author's right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to do that act.

Certain Treatment of Works Not to Constitute an Infringement of
the Author's Right of Integrity of Authorship

195AT.-(1) The destruction of a moveable artistic work is not an infringement of the author's right of integrity of authorship in respect of the work if the person who destroyed the work gave the author, or a person representing the author, a reasonable opportunity to remove the work from the place where it was situated.

(2) A change in, or the relocation, demolition or destruction of, a building is not an infringement of the author's right of integrity of authorship in respect of an artistic work that is affixed to or forms part of the building if:

(a) the owner of the building, after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author; or

(b) if paragraph (a) does not apply-the owner complies with subsection (2A) in relation to the change, relocation, demolition or destruction.

(2A) This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition or destruction of, the building if:

(a) the owner has, in accordance with the regulations and before the change, relocation, demolition or destruction is carried out, given the author or a person representing the author a written notice stating the owner's intention to carry out the change, relocation, demolition or destruction; and

(b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the work for either or both of the following purposes:

(i) making a record of the work;

(ii) consulting in good faith with the owner about the change, relocation, demolition or destruction; and

(c) the notice contained such other information and particulars as are prescribed; and

(d) where the person to whom the notice was given notifies the owner within the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that paragraph-the owner has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and

(e) where, in the case of a change or relocation, the person to whom the notice was given notifies the owner that the person requires the removal from the work of the author's identification as the author of the work-the owner has complied with the requirement.

(3) A change in, or the relocation, demolition or destruction of, a building is not an infringement of the author's right of integrity of authorship in respect of the building, or in respect of any plans or instructions used in the construction of the building or a part of the building if:

(a) the owner of the building, after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author, or of any of the authors or persons representing the authors, as the case may be; or

(b) if paragraph (a) does not apply-the owner complies with subsection (3A) in relation to the change, relocation, demolition or destruction.

(3A) This subsection is complied with by the owner of a building in relation to a change in, or the relocation, demolition or destruction of, the building if:

(a) the owner has, in accordance with the regulations and before the change, relocation, demolition or destruction is carried out, given the author or a person representing the author, or the authors or the persons representing the authors, whose identity and location the owner knows, a written notice stating the owner's intention to carry out the change, relocation, demolition or destruction; and

(b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the building for either or both of the following purposes:

(i) making a record of the artistic work;

(ii) consulting in good faith with the owner about the change, relocation, demolition or destruction; and

(c) the notice contained such other information and particulars as are prescribed; and

(d) where the person to whom the notice was given notifies the owner within the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the building for either or both of the purposes mentioned in that paragraph-the owner has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and

(e) where, in the case of a change or relocation, the person to whom the notice was given notifies the owner that the person requires the removal from the building of the author's identification as the author of the artistic work-the owner has complied with the requirement.

(4) Subsections (2), (2A), (3) and (3A) do not limit the operation of section 195AG.

(4A) The removal or relocation by a person (the remover) of a moveable artistic work that is situated at a place that is accessible to the public, and was made for installation in that place, is not an infringement of the author's right of integrity of authorship in respect of the work if the remover:

(a) after making reasonable inquiries, cannot discover the identity and location of the author or a person representing the author; or

(b) if paragraph (a) does not apply-complies with subsection (4B) in relation to the removal or relocation.

(4B) This subsection is complied with by the remover in relation to the removal or relocation of a moveable artistic work if:

(a) the remover has, in accordance with the regulations and before the removal or relocation is carried out, given the author or a person representing the author a written notice stating the remover's intention to carry out the removal or relocation; and

(b) the notice stated that the person to whom the notice was given may, within 3 weeks from the date of the notice, seek to have access to the work for either or both of the following purposes:

(i) making a record of the work;

(ii) consulting in good faith with the remover about the removal or relocation; and

(c) the notice contained such other information and particulars as are prescribed; and

(d) where the person to whom the notice was given notifies the remover within the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the work for either or both of the purposes mentioned in that paragraph-the remover has given the person a reasonable opportunity within a further period of 3 weeks to have such access; and

(e) where the person to whom the notice was given notifies the remover that the person requires the removal from the work of the author's identification as the author of the work-the remover has complied with the requirement.

(5) Anything done in good faith to restore or preserve a work is not, by that act alone, an infringement of the author's right of integrity of authorship in respect of the work.

Infringement by Importation for Sale or Other Dealing

195AU.-(1) An author's moral right in respect of a work is infringed by a person who imports an article into Australia for the purpose of dealing with the article if the importer knew, or ought reasonably to have known, that, if the article had been made in Australia, it would have been an infringing article.

(2) In subsection (1):

dealing with does not include distributing except where the proposed distribution is for the purposes of sale.

Infringement by Sale and Other Dealings

195AV.-(1) An author's moral right in respect of a work is infringed by a person who, in Australia, deals with an article if the person knew, or ought reasonably to have known, that the article was an infringing article or, in respect of an imported article, would, if it had been made in Australia, have been an infringing article.

(2) In subsection (1):

deals with does not include:

(a) distributes, except where the distribution is for the purposes of sale; or

(b) deals with by means of a dealing covered by paragraph 195AD(b), 195AD(c), 195AE(2) (b), 195AE(2) (c) or 195AF(2) (b) or subsection 195AG(1) or 195AH(1); or

(c) deals with by means of an exhibition that is an attributable act to which section 195AO applies or an exhibition to which subsection 195AQ(5) applies.

Matters to be Taken into Account

195AVA. In determining whether a person has authorised the doing of an act that is an infringement of moral rights, the matters that must be taken into account include the following:

(a) the extent (if any) of the person's power to prevent the doing of the act concerned;

(b) the nature of any relationship existing between the person and the person who did the act concerned;

(c) whether the person took any reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice.

Communication by Use of Certain Facilities

195AVB. A person (including a carrier or carriage service provider) who provides facilities for making, or facilitating the making of, a communication is not taken to have authorised the doing of an act that is an infringement of moral rights merely because another person uses the facilities so provided to do such an act.

Author's Consent to Act or Omission-Films or Works in Films

195AW.-(1A) This section applies to a work that is:

(a) a cinematograph film; or

(b) a literary, dramatic, musical or artistic work as included in a cinematograph film.

(1) It is not an infringement of a moral right of an author in respect of a work to do, or omit to do, something if the act or omission is within the scope of a written consent given by the author or a person representing the author.

(2) A consent may be given in relation to all or any acts or omissions occurring before or after the consent is given.

(3) A consent may be given in relation to:

(a) a specified work or specified works existing when the consent is given; or

(b) a work or works of a particular description:

(i) the making of which has not begun; or

(ii) that is or are in the course of being made.

(4) A consent may be given by an employee for the benefit of his or her employer in relation to all works made or to be made by the employee in the course of his or her employment.

(5) A consent given for the benefit of the owner or prospective owner of copyright in the work or works to which it relates is presumed, unless the contrary intention appears in the consent instrument, to extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright.

(6) Subsections (2) to (5), inclusive, do not limit the operation of subsection (1).

Author's Consent to Act or Omission-Work That is Not a Film
or Included in a Film

195AWA.-(1) This section applies to a literary, dramatic, musical or artistic work other than such a work as included in a cinematograph film.

(2) It is not an infringement of a moral right of an author in respect of a work to do, or omit to do, something if the act or omission is within the scope of a written consent genuinely given by the author or a person representing the author.

(3) Subject to subsection (4), a consent does not have any effect unless it is given:

(a) in relation to specified acts or omissions, or specified classes or types of acts or omissions, whether occurring before or after the consent is given; and

(b) in relation to either of the following:

(i) a specified work or specified works existing when the consent is given; or

(ii) a specified work, or works of a particular description, the making of which has not begun or that is or are in the course of being made.

(4) A consent may be given by an employee for the benefit of his or her employer in relation to all or any acts or omissions (whether occurring before or after the consent is given) and in relation to all works made or to be made by the employee in the course of his or her employment.

(5) A consent given for the benefit of the owner or prospective owner of copyright in the work or works to which it relates is presumed, unless the contrary intention appears in the consent instrument, to extend to his or her licensees and successors in title, and to any persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright.

Consent Invalidated by Duress or False or Misleading Statements

195AWB.-(1) If a person applies duress to an author, or to a person representing an author, in connection with the giving of a consent for the purposes of section 195AW or 195AWA, the consent does not have any effect.

(2) If:

(a) a person makes a statement to another person; and

(b) the person makes the statement knowing:

(i) that the statement is false or misleading in a material particular; or

(ii) that a matter or thing has been omitted from the statement without which the statement is false or misleading in a material particular; and

(c) the person makes the statement with the intention of persuading the other person to give, or not to give, a consent for the purposes of section 195AW or 195AWA;

the consent does not have any effect.

Acts or Omissions Outside Australia

195AX. It is not an infringement of an author's moral right in respect of a work to do, or omit to do, something outside Australia.

Division 7
Remedies for Infringements of Moral Rights
Definition etc.

195AY.-(1) In this Division:

action means a proceeding of a civil nature between parties, and includes a counterclaim.

(2) In the application of this Division in relation to a counterclaim, references to the defendant are taken to be references to the plaintiff.

Actions for Infringement of Moral Rights

195AZ. If a person infringes any of the moral rights of an author in respect of a work, the infringement is not an offence but the author or a person representing the author may bring an action in respect of the infringement, subject to any co-authorship agreement in force under section 195AN to which the author is a party.

195AZA. Remedies for infringements of moral rights

(1) Subject to section 203, the relief that a court may grant in an action for an infringement of any of an author's moral rights in respect of a work includes any one or more of the following:

(a) an injunction (subject to any terms that the court thinks fit);

(b) damages for loss resulting from the infringement;

(c) a declaration that a moral right of the author has been infringed;

(d) an order that the defendant make a public apology for the infringement;

(e) an order that any false attribution of authorship, or derogatory treatment, of the work be removed or reversed.

(2) In exercising its discretion as to the appropriate relief to be granted, the court may take into account any of the following:

(a) whether the defendant was aware, or ought reasonably to have been aware, of the author's moral rights;

(b) the effect on the author's honour or reputation resulting from any damage to the work;

(c) the number, and categories, of people who have seen or heard the work;

(d) anything done by the defendant to mitigate the effects of the infringement;

(e) if the moral right that was infringed was a right of attribution of authorship-any cost or difficulty that would have been associated with identifying the author;

(f) any cost or difficulty in removing or reversing any false attribution of authorship, or derogatory treatment, of the work.

(3) In deciding whether or not to grant an injunction under subsection (1), the court must consider whether the parties have made any attempt to negotiate a settlement of the action and whether it should adjourn the hearing or further hearing of the action for the purpose of giving the parties an appropriate opportunity to negotiate a settlement, whether through a process of mediation or otherwise.

(4) If:

(a) the work is a cinematograph film; and

(b) the action is brought by a person who is a screenwriter of the film; and

(c) the relief granted in the action consists of or includes damages; and

(d) the person has already been granted relief by way of damages in an action for an infringement of his or her moral rights as an author of the dramatic work constituted by the script or screenplay for the film;

the amount of any damages that, apart from this subsection, would be awarded to the person in the action referred to in paragraph (b) is to be reduced by the amount of the damages awarded to the person in the action referred to in paragraph (d).

(5) If:

(a) the work is a dramatic work constituted by the screenplay or script for a cinematograph film; and

(b) the action is brought by a person who is an author of the screenplay or script; and

(c) the relief granted in the action consists of or includes damages; and

(d) the person has already been granted relief by way of damages in an action for an infringement of his or her moral rights as a screenwriter of the film;

the amount of any damages that, apart from this subsection, would be awarded to the person in the action referred to in paragraph (b) is to be reduced by the amount of the damages awarded to the person in the action referred to in paragraph (d).

(6) If, in respect of an act done after the death of an author of a work, damages are recovered under this section by the legal personal representative of the author, those damages devolve as if they formed part of the author's estate and as if the right of action in respect of the doing of the act had subsisted, and had been vested in the author, immediately before his or her death.

Note: Subsection (6) does not apply in relation to the right of integrity of authorship in respect of a cinematograph film, which ends on the author's death. See subsection 195AM(1).

Saving of Other Rights and Remedies

195AZB.-(1) Subject to this section, this Part does not affect any right of action or other remedy, whether civil or criminal, in proceedings brought otherwise than under this Part.

(2) Any damages recovered in proceedings brought under this Part are to be taken into account in assessing damages in proceedings brought otherwise than under this Part and arising out of the same operation or transaction.

(3) Any damages recovered in proceedings brought otherwise than under this Part are to be taken into account in proceedings brought under this Part and arising out of the same operation or transaction.

Jurisdiction of Courts

195AZC.-(1) The jurisdiction of the Supreme Court of a State or Territory in a matter arising under this Part is to be exercised by a single Judge of the Court.

(2) Subject to subsection (3), a decision of a court of a State or Territory (however constituted) under this Part is final.

(3) An appeal lies from a decision of a court of a State or Territory under this Part:

(a) to the Federal Court of Australia; or

(b) by special leave of the High Court, to the High Court.

(4) The Federal Court of Australia has jurisdiction with respect to matters arising under this Part.

Presumption as to Subsistence of Copyright

195AZD. In an action brought under this Part for an infringement of a moral right in respect of a work, copyright is presumed to subsist in the work if the defendant does not put in issue the question whether copyright subsists in the work.

Presumption as to Subsistence of Moral Rights

195AZE. In an action brought under this Part for an infringement of a moral right in respect of a work, if copyright is presumed or proved to have subsisted in the work when the infringement is alleged to have occurred, the moral right is presumed to have subsisted in the work at that time.

Presumptions in Relation to Authorship of Work

195AZF.-(1) Section 127 applies in respect of an action brought under this Part.

(2) If a name purporting to be the name of the director, producer or screenwriter of a cinematograph film appeared on copies of the film that were issued when the film was made, then, in an action brought under this Part, the person whose name so appeared is, if it was his or her true name or a name by which he or she was commonly known, presumed, unless the contrary is established, to be the director, producer or screenwriter, as the case may be, of the film.

Other Presumptions in Relation to Literary, Dramatic,
Musical or Artistic Work

195AZG. Sections 128 and 129 apply in respect of an action brought under this Part.

Division 8
Miscellaneous
Parts of Works

195AZH. Moral rights in respect of a work apply in relation to a whole or a substantial part of the work.

Works of Joint Authorship

195AZI.-(1) This section applies to a literary, dramatic, musical or artistic work that is a work of joint authorship.

(2) The right of attribution of authorship in respect of the work is a right of each joint author to be identified as a joint author.

(3) An act of false attribution in respect of the work infringes the right of each joint author not to have authorship of the work falsely attributed.

(4) The right of integrity of authorship in respect of the work is a right of each joint author.

(5) The consent of one joint author to any act or omission affecting his or her moral rights in respect of the work does not affect the moral rights of the other joint author or other joint authors in respect of the work.

Cinematograph Films That Have More Than One Principal Director

195AZJ.-(1) This section applies to a cinematograph film that has more than one principal director.

(2) The director's right of attribution of authorship in respect of the film is a right of each director to be identified as a director.

(3) An act of false attribution in respect of the direction of the film infringes the right of each director not to have the direction of the film falsely attributed.

(4) The director's right of integrity of authorship in respect of the film is a right of each director.

(5) The consent of one director to any act or omission affecting his or her moral rights in respect of the film does not affect the moral rights of the other director or other directors in respect of the film.

Cinematograph Films That Have More Than
One Principal Producer

195AZK.-(1) This section applies to a cinematograph film of which more than one individual is the principal producer.

(2) The producer's right of attribution of authorship in respect of the film is a right of each producer to be identified as a producer.

(3) An act of false attribution in respect of the production of the film infringes the right of each producer not to have the production of the film falsely attributed.

(4) The producer's right of integrity of authorship in respect of the film is a right of each producer.

(5) The consent of one producer to any act or omission affecting his or her moral rights in respect of the film does not affect the moral rights of the other producer or other producers in respect of the film.

Cinematograph Films That Have More Than
One Principal Screenwriter

195AZL.-(1) This section applies to a cinematograph film of which there is more than one principal screenwriter.

(2) The screenwriter's right of attribution of authorship in respect of the film is a right of each screenwriter to be identified as a screenwriter.

(3) An act of false attribution of authorship in respect of the script or screenplay of the film infringes the right of each screenwriter not to have the authorship of the script or screenplay of the film falsely attributed.

(4) The screenwriter's right of integrity of authorship in respect of the film is a right of each screenwriter.

(5) The consent of one screenwriter to any act or omission affecting his or her moral rights in respect of the film does not affect the moral rights of the other screenwriter or other screenwriters in respect of the film.

Application-Right of Attribution of Authorship

195AZM.-(1) The right of attribution of authorship in respect of:

(a) a cinematograph film; or

(b) a literary, dramatic, musical or artistic work as included in a cinematograph film;

subsists only if the cinematograph film is made after the commencement of this Part.

(2) The right of attribution of authorship in respect of a literary, dramatic, musical or artistic work other than such a work as included in a cinematograph film subsists in respect of a work made before or after the commencement of this Part but this Part only applies in relation to attributable acts done after that commencement.

Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4) (a) explains when a cinematograph film is taken to be made.

Application-Right Not to Have Authorship Falsely Attributed

195AZN.-(1) The right not to have authorship falsely attributed subsists in respect of a work made before or after the commencement of this Part but this Part only applies in relation to acts of false attribution done after that commencement.

(2) Paragraph 195AD(b) or (c), 195AE(2) (b) or (c) or 195AF(2) (b) applies to an act of false attribution done after the commencement of this Part even if the name concerned was inserted or affixed before that commencement.

Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4) (a) explains when a cinematograph film is taken to be made.

Application-Right of Integrity of Authorship

195AZO.-(1) The right of integrity of authorship in respect of:

(a) a cinematograph film; or

(b) a literary, dramatic, musical or artistic work as included in a cinematograph film;

subsists only if the cinematograph film is made after the commencement of this Part.

(2) Subject to subsection (3), the right of integrity of authorship in respect of a literary, dramatic, musical or artistic work, other than such a work as included in a cinematograph film, subsists in respect of a work made before or after the commencement of this Part.

(3) This Part applies in relation to an infringement of a right of integrity of authorship that subsists in respect of a work referred to in subsection (2) that was made before the commencement of this Part only if the infringement occurs after the commencement of this Part. However, an act referred to in paragraph 195AQ(3) (a), (b), (c), (d) or (e) or (4) (a), (b) or (c) is not an infringement if the relevant derogatory treatment occurred before that commencement.

Note: Subsection 22(1) explains when a literary, dramatic, musical or artistic work is taken to be made and paragraph 22(4) (a) explains when a cinematograph film is taken to be made.

PART X
MISCELLANEOUS
Interpretation

195A.-(1) In this Part (other than subsection 203H(5)), officer in charge means:

(a) in relation to archives-the person holding, or performing the duties of, the office or position in the service of the body administering the archives the duties of which involve that person having direct responsibility for the maintenance of, and the provision of services in relation to, the collection comprising the archives;

(b) in relation to a central records authority-the person holding, or performing the duties of, the office in the service of the body administering the authority the duties of which involve that person having direct responsibility for the maintenance of, and the provision of services in relation to, the records deposited with the authority; and

(c) in relation to a library-the officer holding, or performing the duties of, the office or position in the service of the body administering the library the duties of which involve that person having direct responsibility for the maintenance of, and the provision of services in relation to, the collection comprising the library.

(2) In this Part, a reference to the prescribed retention period after the making of a copy of the whole or a part of a work, an eligible item or another subject-matter that was made in reliance on section 49, 50, 51A, or 110B shall be read as a reference to such period as is declared by the regulations to be the prescribed retention period for the purposes of this Part.

(3) A reference in this Part to an educational institution, to an institution assisting persons with a print disability or to an institution assisting persons with an intellectual disability includes a reference to an institution that has at any time been an educational institution, an institution assisting persons with a print disability or an institution assisting persons with an intellectual disability, as the case may be.

(4) A reference in this Part to an institution includes a reference to a school of nursing, an undertaking within a hospital, a teacher education centre and an undertaking within a body administering an educational institution.

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);

(ba) a decision of the CEO under subsection 135(6A) to declare a notice given under subsection 135(2) to be ineffective;

(c) a decision of the CEO under section 135AA refusing to seize copies under subsection 135(7);

(d) a decision of the CEO not to give permission under subsection 135AD(1).

(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) If the CEO makes a reviewable decision referred to in paragraph (1) (ba), (c) or (d), the CEO must cause to be sent to the objector or importer whose interests are affected by the decision a notice containing:

(a) the terms of the decision; and

(b) except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies-a statement to the effect that the objector or importer, as the case may be, 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), as the case requires, does not affect the validity of the decision to which the notice relates.

(5) Application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.

(8) In this section:

CEO means the Chief Executive Officer of Customs.

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Assignments and Licences in Respect of Copyright

196.-(1) Copyright is personal property and, subject to this section, is transmissible by assignment, by will and by devolution by operation of law.

(2) An assignment of copyright may be limited in any way, including any one or more of the following ways:

(a) so as to apply to one or more of the classes of acts that, by virtue of this Act, the owner of the copyright has the exclusive right to do (including a class of acts that is not separately specified in this Act as being comprised in the copyright but falls within a class of acts that is so specified);

(b) so as to apply to a place in or part of Australia;

(c) so as to apply to part of the period for which the copyright is to subsist.

(3) An assignment of copyright (whether total or partial) does not have effect unless it is in writing signed by or on behalf of the assignor.

(4) A licence granted in respect of a copyright by the owner of the copyright binds every successor in title to the interest in the copyright of the grantor of the licence to the same extent as the licence was binding on the grantor.

Prospective Ownership of Copyright

197.-(1) Where, by an agreement made in relation to a future copyright and signed by or on behalf of the person who would, apart from this section, be the owner of the copyright on its coming into existence, that person purports to assign the future copyright (wholly or partially) to another person (in this subsection referred to as the assignee), then if, on the coming into existence of the copyright, the assignee or a person claiming under him or her would, apart from this subsection, be entitled as against all other persons to have the copyright vested in him or her (wholly or partially, as the case may be), the copyright, on its coming into existence, vests in the assignee or his or her successor in title by force of this subsection.

(2) Where, at the time when a copyright comes into existence, the person who, if he or she were then living, would be entitled to the copyright is dead, the copyright devolves as if it had subsisted immediately before his or her death and he or she had then been the owner of the copyright.

(3) A licence granted in respect of a future copyright by the prospective owner of the copyright binds every successor in title to the prospective interest in the copyright of the grantor of the licence to the same extent as the licence was binding on the grantor.

Copyright to Pass Under Will with Unpublished Work

198. Where under a bequest, whether specific or general, a person is entitled, beneficially or otherwise, to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless a contrary intention appears in the testator's will, be read as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his or her death.

Reception of Broadcasts

199.-(1) Where the inclusion in a television broadcast or sound broadcast of a reading or recitation of an extract from a published literary or dramatic work, or from an adaptation of such a work, does not constitute an infringement of the copyright in the work, a person who, by the reception of the broadcast, causes the work or adaptation to be performed in public does not, by doing so, infringe the copyright in the work.

(2) A person who, by the reception of a television broadcast or sound broadcast, causes a sound recording to be heard in public does not, by doing so, infringe the copyright, if any, in that recording under Part IV.

(3) A person who, by the reception of an authorized television broadcast, causes a cinematograph film to be seen or heard in public shall be treated, in any proceedings for infringement of the copyright, if any, in the film under Part IV, as if the person had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or heard in public by the reception of the broadcast.

(5) If, in the circumstances mentioned in subsection (3), the person causing the cinematograph film to be seen or heard infringed the copyright in the film by reason that the broadcast was not an authorized broadcast, proceedings shall not be brought against that person under this Act in respect of his or her infringement of that copyright but the infringement shall be taken into account in assessing damages in any proceedings against the maker of the broadcast in respect of that copyright, in so far as that copyright was infringed by the making of the broadcast.

(6) For the purposes of this section, a broadcast, in relation to a cinematograph film, is an authorised broadcast only if it is made by, or with the licence of, the owner of the copyright in the film.

(7) A reference in this section to a broadcast must be read as a reference to a broadcast made by the Australian Broadcasting Corporation, by the Special Broadcasting Service Corporation, by the holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992, or by a person authorised to make the broadcast by a class licence determined by that Authority under that Act.

Use of Works and Broadcasts for Educational Purposes

200.-(1) The copyright in a literary, dramatic, musical or artistic work is not infringed by reason only that the work is reproduced or, in the case of a literary, dramatic or musical work, an adaptation of the work is made or reproduced:

(a) in the course of educational instruction, where the work is reproduced or the adaptation is made or reproduced by a teacher or student otherwise than by the use of an appliance adapted for the production of multiple copies or an appliance capable of producing a copy or copies by a process of reprographic reproduction; or

(b) as part of the questions to be answered in an examination, or in an answer to such a question.

(2) The making of a record of a sound broadcast, being a broadcast that was intended to be used for educational purposes, does not constitute an infringement of copyright in a work or sound recording included in the broadcast if:

(a) the record is made by, or on behalf of, the person or authority in charge of a place of education that is not conducted for profit; and

(b) the record is not used except in the course of instruction at that place.

(2A) The making of a record of a sound broadcast is not an infringement of copyright in the broadcast if the record is made by, or on behalf of, the body administering an educational institution and is not used except for the educational purposes of that institution or another educational institution.

(3) For the purposes of sections 38 and 103, in determining whether the making of an article constituted an infringement of copyright, subsections (1), (2) and (2A) shall be disregarded.

(4) For the purposes of any provision of this Act relating to imported articles, in determining whether the making of an article made outside Australia would, if the article had been made in Australia by the importer of the article, have constituted an infringement of copyright, subsections (1), (2) and (2A) shall be disregarded.

Use of Broadcasts by Institutions Assisting Persons
with an Intellectual Disability

200AA. The making of a record of a sound broadcast is not an infringement of copyright in the broadcast if the record is made by, or on behalf of, the body administering an institution assisting persons with an intellectual disability and is used only for the purpose of the provision of that assistance by that institution.

Delivery of Library Material to the National Library

201.-(1) The publisher of any library material that is published in Australia and in which copyright subsists under this Act shall, within one month after the publication, cause a copy of the material to be delivered at his or her own expense to the National Library.

Penalty: $100.

(2) The copy of any library material delivered to the National Library in accordance with this section shall be a copy of the whole material (including any illustrations), be finished and coloured, and bound, sewed, stitched or otherwise fastened together, in the same manner as the best copies of that material are published and be on the best paper on which that material is printed.

(3) When any library material is delivered to the National Library in accordance with this section, the National Librarian shall cause a written receipt for the material to be given to the publisher of the material.

(4) This section is not intended to exclude or limit the operation of any law of a State or Territory (whether made before or after the commencement of this Act) that makes provision for or in relation to the delivery to a specified public or other library in or of the State or Territory of copies of library material published in the State or Territory.

(5) In this section:

illustrations includes drawings, engravings and photographs.

library material means a book, periodical, newspaper, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table, being a literary, dramatic, musical or artistic work or an edition of such a work, but does not include a second or later edition of any material unless that edition contains additions or alterations in the letter-press or in the illustrations.

Groundless Threats of Legal Proceedings

202.-(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding in respect of an infringement of copyright, then, whether the person making the threats is or is not the owner of the copyright or an exclusive licensee, a person aggrieved may bring an action against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats, and may recover such damages (if any) as he or she has sustained, unless the first-mentioned person satisfies the court that the acts in respect of which the action or proceeding was threatened constituted, or, if done, would constitute, an infringement of copyright.

(2) The mere notification of the existence of a copyright does not constitute a threat of an action or proceeding within the meaning of this section.

(3) Nothing in this section renders a barrister or solicitor of the High Court, or of the Supreme Court of a State or Territory, liable to an action under this section in respect of an act done by him or her in his or her professional capacity on behalf of a client.

(4) The defendant in an action under this section may apply, by way of counterclaim, for relief to which he or she would be entitled in a separate action in respect of an infringement by the plaintiff of the copyright to which the threats relate and, in any such case, the provisions of this Act with respect to an action for infringement of a copyright are, mutatis mutandis, applicable in relation to the action.

(5) A reference in this section to an action in respect of an infringement of copyright shall be read as including a reference to an action in respect of the conversion or detention of an infringing copy or of a device used or intended to be used for making infringing copies.

Limitation on Power of Courts to Grant Relief
in Proceedings Under This Act

203. Nothing in this Act authorizes a State court or a court of a Territory to grant relief by way of injunction or account of profits if that court would not, apart from this Act, have power to grant such relief.

A Retention of Declarations in Relation to Copies
Made by Libraries, Archives or Institutions

203.-(1) Where, at any time before the expiration of the prescribed retention period after the making of a copy of the whole or a part of a work or other subject-matter in reliance on section 49, 50, 51A or 110B by an authorized officer of a library or archives, a relevant declaration in relation to the making of the copy is not retained in the records of the library or archives:

(a) the body administering the library or archives concerned; and

(b) the officer in charge of the library or archives concerned;

are each guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

(4) A body or person is not liable to be convicted twice of an offence against subsection (1) with respect to the retention of the same declaration.

(5) It is a defence to a prosecution of the body administering, or of the officer in charge of, a library or archives for an offence against subsection (1) in relation to the retention of a declaration if the body or person prosecuted (in this subsection referred to as the defendant) satisfies the court that:

(a) in the case of a prosecution of the officer in charge of a library or archives-the declaration relates to the making of a copy of the whole or a part of a work, a sound recording or a cinematograph film before the day on which the defendant became the officer in charge of the library or archives and was not in the possession of the body administering the library or archives at that day; or

(b) in any case-the defendant took all reasonable precautions, and exercised due diligence, to ensure the retention of the declaration in the records of the library or archives, as the case requires.

Arrangement of Declarations and Records

203D.-(1) Where the declarations that relate to the making of copies of the whole or parts of works or other subject-matter by an authorized officer of a library or archives in reliance on any of the following sections, namely, sections 49, 50, 51A and 110B, and that are retained in the records of the body administering the library or archives are not arranged in chronological order according to the dates on which the declarations were made:

(a) the body administering the library or archives, as the case may be; and

(b) the officer in charge of the library or archives, as the case may be;

are each guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

(5) It is a defence to a prosecution of a body or person for an offence against subsection (1) if the body or person satisfies the court that the body or person took all reasonable precautions, and exercised due diligence, to ensure that the declarations were arranged as mentioned in that subsection.

Inspection of Records and Declarations Retained by
Libraries, Archives or Institutions

203E.-(1) The owner of the copyright in a work, sound recording or cinematograph film, or the agent of such an owner:

(a) may notify the officer in charge of a library or archives, in writing, that he or she wishes to inspect:

(i) all the relevant declarations retained in the records of the library or archives that relate to the making, in reliance on section 49, 50, 51A or 110B, of copies of works or parts of works or of copies of other subject-matter; or

(ii) such of those declarations as relate to the making, in reliance on section 49, 50, 51A or 110B, of copies of works or parts of works or of copies of other subject-matter and were made during a period specified in the notice;

on a day specified in the notice, being an ordinary working day of the library, archives or institution not less than 7 days after the date of the giving of the notice; and

(b) may, if the notice related to the making of copies of works or parts of works or of copies of other subject-matter in reliance on section 51A or 110B, state in the notice that he or she also wishes to inspect, on the day so specified, the collection of the library or archives.

(4) Where a person gives notice, under subsection (1), to the officer in charge of a library or archives that he or she wishes to inspect certain declarations on a particular day, that person may, during the ordinary working hours of the library or archives, on that day, but not earlier than 10 a.m. or later than 3 p.m., inspect the declarations to which the notice relates and, where the notice relates also to the inspection of the collection of the library or archives, may also during those hours on that day inspect that collection, and, for that purpose, may enter the premises of the library or archives.

(6) Where a person who attends at the premises of a library or archives for the purpose of exercising the powers conferred on him or her by subsection (4) is not provided with all reasonable facilities and assistance for the effective exercise of those powers:

(a) the body administering the library or archives, as the case may be; and

(b) the officer in charge of the library or archives, as the case may be;

are each guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

(6A) Subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(8) The officer in charge of a library or archives shall not be convicted of an offence against subsection (6) if the officer adduces evidence that he or she believed, on reasonable grounds, that the person who attended the premises of the library or archives, as the case may be, as mentioned in that subsection, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred by subsection (4) and that evidence is not rebutted by the prosecution.

(9) The body administering a library or archives shall not be convicted of an offence against subsection (6) if the body adduces evidence that it took all reasonable precautions, and exercised due diligence, to ensure that the person who attended the premises of the library or archives, as the case may be, as mentioned in that subsection, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred by subsection (4) and that evidence is not rebutted by the prosecution.

(10) A person who, either directly or indirectly, except with the intention of:

(a) informing the owner of the copyright in a work or other subject-matter that a copy (including a microform copy) has been made of the work or other subject-matter;

(b) enforcing a right that a person has under this Act in connection with a work or other subject-matter in which copyright subsists; or

(c) ensuring compliance with a provision of Division 5 of Part III or with a provision of this Part;

makes a record of, or divulges or communicates to a person, information in relation to which subsection (11) applies in relation to the first-mentioned person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

(10A) Subsection (10) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(11) This subsection applies in relation to information in relation to a person if, and only if:

(a) the information was acquired by the person in the course of an inspection conducted by the person under subsection (4); or

(b) the information was divulged or communicated to the person by another person and this subsection applies in relation to the information in relation to the other person.

Additional Offences in Relation to the Making and
Retention of Records and Declarations

203F.-(1) A person shall not, under section 49, 50, 51A or 110B, make a declaration that the person knows, or ought reasonably to know, is false or misleading in a material particular.

Penalty:

(a) in a case where the person knows that the declaration is false or misleading in a material particular-$500; or

(b) in any other case-$250.

(2) A person shall not intentionally dispose of or destroy, or cause to be disposed of or destroyed, any relevant declaration in relation to the making of a copy of the whole or a part of a work or other subject-matter in reliance on section 49, 50, 51A or 110B, being a declaration in respect of which the prescribed retention period has not expired, if the person knows, or ought reasonably to know, that the prescribed retention period in respect of the declaration has not expired.

Penalty:

(a) in a case where the person knows that the prescribed retention period in respect of the declaration has not expired-$500; or

(b) in any other case-$250.

Additional Offences Relating to Declarations Under
Subsections 116A(3) and 132(5F)

203G.-(1) A person must not, under subsection 116A(3) or 132(5F), make a declaration, knowing the declaration to be false or misleading in a material particular.

Penalty: Imprisonment for 12 months.

(2) A person must not, under subsection 116A(3) or 132(5F), make a declaration, being reckless as to whether the declaration is false or misleading in a material particular.

Penalty: Imprisonment for 6 months.

(3) A person must not dispose of or destroy, or cause to be disposed of or destroyed, a declaration under subsection 116A(3) or 132(5F), being a declaration whose prescribed retention period has not expired, if the person knows, or is reckless as to whether, that period has not expired.

Penalty: Imprisonment for 6 months.

Notation of Certain Copies etc.

203H.-(1) In proceedings against a person or body for infringement of copyright in a work in connection with the making, by or on behalf of an institution, of a reproduction of the work, or of a part of the work, the person or body is not entitled to rely on section 49, 50 or 51A as justification for the making of the reproduction unless, at or about the time the reproduction was made, there was made on the reproduction a notation stating that the reproduction was made on behalf of that institution and specifying the date on which the reproduction was made.

(2) In proceedings against a person or body for infringement of copyright in a sound recording or a cinematograph film in connection with the making, by or on behalf of an institution, of a copy of the sound recording or cinematograph film, the person or body is not entitled to rely on section 110B as justification for the making of the copy unless, at or about the time the copy was made, there was made on, or attached to, the copy a notation stating that the copy was made on behalf of that institution and specifying the date on which the copy was made.

(4) A person who:

(a) makes on a reproduction of a work, or of a part of a work, a notation of the kind referred to in subsection (1); or

(aa) makes on, or attaches to, a copy of a sound recording or a cinematograph film a notation of the kind referred to in subsection (2);

being a notation that contains a statement that the person knows, or ought reasonably to know, is false or misleading in a material particular, is guilty of an offence, punishable, upon conviction, by a fine not exceeding:

(c) in a case where the person knows that the statement is false or misleading in a material particular-$500; or

(d) in any other case-$250.

(5) For the purposes of subsections (1) and (2):

(a) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:

(i) is made, or caused to be made, by an authorized officer of a library; or

(ii) is made by, or on behalf of, the officer in charge of a library;

being a library of an institution, the reproduction or copy is taken to have been made on behalf of the institution; and

(b) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:

(i) is made, or caused to be made, by an authorized officer of a library; or

(ii) is made by, or on behalf of, the officer in charge of a library;

being a library that is not a library of an institution:

(iii) the reproduction or copy is taken to have been made on behalf of the person or body administering the library; and

(iv) those subsections apply as if references to an institution were references to that person or body; and

(c) if a reproduction of the whole or part of a work, or a copy of a sound recording or a cinematograph film:

(i) is made, or caused to be made, by an authorized officer of archives; or

(ii) is made by, or on behalf of, the officer in charge of archives;

then:

(iii) the reproduction or copy is taken to have been made by or on behalf of the person or body administering the archives; and

(iv) those subsections apply as if references to an institution were references to that person or body; and

(d) if a reproduction, or a record embodying a sound recording, of the whole or part of a work is made by or on behalf of the body administering an institution, the reproduction or record is taken to have been made on behalf of the institution; and

(e) if a copy of a sound recording or a cinematograph film is made by or on behalf of the body administering an institution, the copy is taken to have been made on behalf of the institution.

(6) The production, in any proceedings:

(a) for infringement of copyright in a work; or

(c) for a contravention of a provision of this Act;

of a reproduction of a work, or of a part of a work, bearing a notation or mark of the kind referred to in subsection (1), 135K(1), 135ZY(1), 135ZQ(4) or 135ZT(4) is prima facie evidence of the matters stated in the notation or mark.

(7) For the purposes of subsection (6), where a reproduction of a work or a part of a work, bears a notation or mark of a kind referred to in subsection (1), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4) the notation or mark shall, unless the contrary is proved, be deemed to have been made on the reproduction at or about the time the reproduction was made.

(9A) The production, in any proceedings:

(a) for infringement of copyright in a sound recording, a cinematograph film or an eligible item; or

(c) for a contravention of this Act;

of a copy of a sound recording or a cinematograph film bearing, or to which there is attached, a notation or mark of the kind referred to in subsection (2), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4), is prima facie evidence of the matters stated in the notation or mark.

(9B) For the purposes of subsection (9A), where a copy of a sound recording or a cinematograph film bears, or where there is attached to such a copy, a notation or mark of the kind referred to in subsection (2), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4), the notation or mark shall, unless the contrary is proved, be deemed to have been made on or attached to the copy at or about the time the copy was made.

(10) In this section:

reproduction, in relation to a work, or part of a work, includes a microform copy, a Braille version, a large print version, or a photographic version of the work, or of the part of the work.

PART XI
TRANSITIONAL
Division 1
Preliminary
Interpretation

204.-(1) In this Part, the expressionphotograph has, in lieu of the meaning given to that expression by section 10, the meaning given by the next succeeding subsection.

(2) For the purposes of any provision of this Part that provides that an expression is to have the meaning given to that expression by this section or that refers to an expression as defined by this section:

collective work means:

(a) an encyclopaedia, dictionary, year book or similar work;

(b) a newspaper, review, magazine or similar periodical; or

(c) a work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated.

deliver, in relation to a lecture, includes deliver by means of a mechanical instrument.

dramatic work includes a piece for recitation, a choreographic work or entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise, and a cinematograph production where the arrangement, the acting form or the combination of incidents represented gives the work an original character.

lecture includes an address, speech and sermon.

literary work includes a map, chart, plan, table and compilation.

perform, in relation to a dramatic work as defined by this section or a musical work, means make an acoustic representation of the work or a visual representation of a dramatic action in the work, and includes make such a representation by means of a mechanical instrument.

photograph includes photo-lithograph and a work produced by a process similar to photography.

References to Making of Works, Recordings and Films

205. For the purposes of any reference in this Part to works, sound recordings or cinematograph films made before the commencement of this Act, a work, sound recording or cinematograph film the making of which extended over a period shall be deemed not to have been made before the commencement of this Act unless the making of it was completed before the commencement of this Act.

References in Other Laws or Instruments to Copyright

206.-(1) Without prejudice to the operation of the succeeding sections of this Part:

(a) a reference in any other law of the Commonwealth or in any contract, agreement or other instrument to a provision of the Copyright Act, 1911 shall be read as a reference, or as including a reference, to the corresponding provision of this Act;

(b) a reference in any other law of the Commonwealth or in any contract, agreement or other instrument to copyright or to works in which copyright subsists shall, if apart from this Act it would be read as a reference to copyright under the Copyright Act, 1911 or to works in which copyright subsisted under that Act, be read as a reference, or as including a reference, to copyright under this Act or to works or any other subject-matter in which copyright subsists under this Act, as the case may be; and

(c) a reference in any other law of the Commonwealth or in any contract, agreement or other instrument to the grant of an interest in copyright by licence shall be read, in relation to copyright under this Act, as a reference to the grant of a licence in respect of that copyright.

(2) This section has effect unless the contrary intention appears in the other law of the Commonwealth or in the contract, agreement or other instrument, as the case may be.

(3) In this section, law of the Commonwealth means:

(a) an Act;

(b) an instrument (including regulations or rules) having effect by virtue of an Act;

(c) an Ordinance of a Territory and any other law in force in a Territory;

(d) an instrument (including regulations or rules) having effect by virtue of such an Ordinance or law; and

(e) an instrument having effect by virtue of any such regulations or rules as are mentioned in paragraph (b) or paragraph (d).

Application

207. Except in so far as this Part otherwise expressly provides, this Act applies in relation to things existing at the commencement of this Act in like manner as it applies in relation to things coming into existence after the commencement of this Act.

Authorship of Photographs

208. A reference in this Act to the author of a photograph shall, in relation to a photograph taken before the commencement of this Act, be read as a reference to the person who, at the time when the photograph was taken, was the owner of the material on which the photograph was taken.

Publication

209.-(1) For the purposes of the application of subsection 29(5) in determining whether a publication that took place before the commencement of this Act was the first publication, the reference in that subsection to a period of not more than 30 days shall be read as a reference to a period of not more than 14 days.

(2) For the purposes of the application of subsection 29(7) in relation to an act done before the commencement of this Act:

(a) a reference in that subsection to copyright includes a reference to copyright under the Copyright Act 1905 and to copyright under the Copyright Act, 1911; and

(b) a reference in that subsection to the licence of the owner of copyright shall:

(i) in relation to copyright under the Copyright Act 1905-be read as a reference to the privity of the owner; and

(ii) in relation to copyright under the Copyright Act, 1911-be read as a reference to the consent or acquiescence of the owner.

Division 2
Original Works
Expired Copyright Not to Revive

210.-(1) Notwithstanding anything in Part III, copyright does not subsist by virtue of that Part in a work first published before the commencement of this Act unless copyright subsisted in the work under the Copyright Act, 1911 immediately before the commencement of this Act.

(2) The last preceding subsection does not apply in relation to a work to which Division 5 applies.

Original Works in Which Copyright Subsists

211.-(1) Subsection 32(1) applies to works made before the commencement of this Act as if each reference in that subsection to a qualified person included a reference to a British subject and to a person domiciled in any part of the Queen's dominions to which the Copyright Act, 1911 extended.

(2) Subsection 32(2) applies to works first published before the commencement of this Act as if paragraphs (d) and (e) of that subsection were omitted.

(3) Subsection 32(2) applies to works that are first published after the commencement of this Act and the author of which died before the commencement of the Nationality and Citizenship Act 1948 as if the reference in paragraph 32(2) (e) to a qualified person included a reference to a person who would have been an Australian citizen if that Act had been in force immediately before his or her death.

(4) Subsection 32(3) does not apply to or in relation to a building that was constructed before the commencement of this Act.

(5) This section has effect subject to the last preceding section.

Duration of Copyright in Photographs

212. Subsection 33(6) does not apply in relation to a photograph taken before the commencement of this Act but, subject to subsection 32(2) as affected by the last preceding section, copyright subsisting in such a photograph by virtue of Part III continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the photograph was taken.

Ownership of Copyright

213.-(1) Subsections 35(4) and (6) do not apply in relation to works made before the commencement of this Act.

(2) Subsection 35(5) does not apply in relation to a work that was or is made in pursuance of an agreement made before the commencement of this Act.

(3) Where a work is excluded from the application of subsection 35(4), (5) or (6) by reason of either of the last two preceding subsections, subsection 35(2) has effect in relation to the work subject to the succeeding subsections of this section.

(4) The operation of any of the next three succeeding subsections in relation to a particular work may be excluded or modified by agreement.

(5) Where, in the case of a work being a photograph, portrait or engraving:

(a) a person made, for valuable consideration, an agreement with another person for the taking of the photograph, the painting or drawing of the portrait or the making of the engraving by the other person; and

(b) the work was made in pursuance of the agreement;

the first-mentioned person is the owner of any copyright subsisting in the work by virtue of Part III.

(6) Where the work was made by the author in pursuance of the terms of his or her employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of Part III.

(7) Where the work is a literary, dramatic or artistic work that was made by the author in pursuance of the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and was so made for the purpose of publication in a newspaper, magazine or similar periodical, the author is entitled to restrain the publication of the work otherwise than in a newspaper, magazine or similar periodical.

(8) In the last three preceding subsections, expressions that are defined by section 204 have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

Infringement by Importation, Sale and Other Dealings

214. For the purposes of sections 37 and 38, the fact that, to the knowledge of a person, the making of an article constituted, or, in the case of an imported article, would, if the article had been made in Australia by the importer of the article, have constituted, an infringement of copyright under the Copyright Act, 1911 has the like effect as if, to the knowledge of that person, the making of the article had constituted, or would, if the article had been made in Australia by the importer, have constituted, as the case may be, an infringement of copyright under this Act.

Recording of Musical Works

215.-(1) Where a record of a work has, before the commencement of this Act, been made by, or with the consent or acquiescence of, the owner of the copyright in the work under the Copyright Act, 1911, Division 6 of Part III has the like effect as if the record had been made in Australia for the purpose of retail sale and had been so made by, or with the licence of, the person who is entitled, by virtue of this Act, to authorize the making in Australia of records of the work.

(2) Notwithstanding subsection 5(1) of this Act, subsections 19(2) to (7), inclusive, of the Copyright Act, 1911 as in force immediately before the commencement of this Act continue to apply in relation to records made before the commencement of this Act and, subject to those subsections, any regulations made for the purposes of those subsections and in force immediately before the commencement of this Act continue to apply in relation to those records.

Publication of Artistic Works

216. Section 68 does not apply in relation to a painting, drawing, engraving, photograph or cinematograph film made before the date of commencement of this Act, but the copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film made before that date if, by virtue of section 65 or section 66, the making of the painting, drawing, engraving, photograph or film would not have constituted an infringement of the copyright under this Act if this Act had been in operation at the time when it was made.

Reconstruction of Buildings

217. The reference in subsection 73(2) to construction of a building by, or with the licence of, the owner of the copyright in architectural drawings or plans shall be read as including a reference to construction by, or with the licence of, the person who, at the time of the construction, was the owner of the copyright in the drawings or plans under the law relating to copyright that was in force at that time in the State or Territory in which the building was constructed.

Industrial Designs

218.-(1) Division 8 of Part III does not apply to artistic works made before the commencement of this Act.

(2) Copyright does not subsist by virtue of this Act in an artistic work made before the commencement of this Act which, at the time when the work was made, constituted a design capable of being registered under the Designs Act 1906, or under that Act as amended and in force at that time, and was used, or intended to be used, as a model or pattern to be multiplied by an industrial process.

Reproduction of Work Upon Payment of Royalties

219.-(1) The copyright in a literary, dramatic, musical or artistic work that has been published before the commencement of this Act is not infringed by the reproduction of the work for sale if:

(a) the reproduction takes place at a time after the expiration of twenty-five years, or, in the case of a work in which copyright subsisted at the commencement of the Copyright Act, 1911, after the expiration of thirty years, after the date of the death of the author; and

(b) the person reproducing the work establishes:

(i) that, before the commencement of this Act, he or she gave the notice in writing of his or her intention to reproduce the work that was prescribed for the purposes of the proviso to section 3 of the Copyright Act, 1911; and

(ii) that he or she has paid, in the manner that was prescribed for the purposes of that proviso, or is prescribed for the purposes of this section, as the case may be, to, or for the benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him or her calculated at the rate of ten per centum of the price at which he or she published the reproduction.

(2) The regulations may make provision for or in relation to the manner in which, and the times at which, payment of royalties is to be made for the purposes of subparagraph (ii) of paragraph (b) of the last preceding subsection and may include provision requiring payment in advance, or otherwise securing the payment of the royalties.

(3) Regulations 38 to 42, inclusive, of the Copyright Regulations as in force under the Copyright Act 1912-1966 immediately before the commencement of this Act continue in force for the purposes of this section as if they had been made under this Act, but may be amended or repealed by regulations made under this Act.

(4) A reference in paragraph (1) (a) to a time after the expiration of a specified number of years from the date of the death of the author of a work shall, in the case of a work of joint authorship, be read as a reference to a time after:

(a) the expiration of the same number of years from the date of the death of the author who died first; or

(b) the date of the death of the author who died last;

whichever is the later.

(5) Where a literary, dramatic or musical work, or an engraving, in which copyright subsisted at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who died last:

(a) had not been published;

(b) in the case of a dramatic or musical work-had not been performed in public; and

(c) in the case of a lecture-had not been delivered in public;

before that date, subsection (1) applies as if the author had died on the date on which:

(d) in the case of a literary work (other than a lecture) or an engraving-the work was first published;

(e) in the case of a dramatic or musical work-the work was first published or first performed in public, whichever first happened; or

(f) in the case of a lecture-the lecture was first published or first delivered in public, whichever first happened.

(6) In this section, expressions that are defined by section 204 have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

Division 3
Subject-Matter Other Than Works
Sound Recordings

220.-(1) Subsection 89(1) applies in relation to sound recordings made before the commencement of this Act as if the reference in that subsection to a qualified person included a reference to a British subject and to a person domiciled in any part of the Queen's dominions to which the Copyright Act, 1911 extended.

(2) Subsection 89(2) does not apply in relation to a sound recording made before the commencement of this Act.

(3) Section 93 does not apply in relation to a sound recording made before the commencement of this Act but copyright subsisting in such a recording by virtue of subsection (1) or subsection (3) of section 89 continues to subsist until the expiration of 50 years after the expiration of the calendar year in which the recording was made.

Cinematograph Films

221. Copyright does not subsist by virtue of section 90 in a cinematograph film made before the commencement of this Act.

Application of Act to Dramatic Works and Photographs
Comprised in Cinematograph Films

222.-(1) Where a cinematograph film made before the commencement of this Act was an original dramatic work as defined by section 204, this Act (other than this subsection) has effect in relation to the film as if the film had been an original dramatic work as defined by section 10 and the person who was the author of the work for the purposes of the Copyright Act, 1911 shall be deemed to be the author of the work for the purposes of this Act as having effect by virtue of this subsection.

(2) This Act has effect in relation to photographs forming part of a cinematograph film made before the commencement of this Act in like manner as it has effect in relation to photographs not forming part of a cinematograph film.

Television Broadcasts and Sound Broadcasts

223. Copyright does not subsist by virtue of section 91 in:

(a) a television broadcast or a sound broadcast made before the commencement of this Act; or

(b) a television broadcast or a sound broadcast made after the commencement of this Act that is a repetition of a television broadcast or a sound broadcast made before the commencement of this Act.

Published Editions of Works

224. Copyright does not subsist by virtue of section 92 in a published edition of a work or works where the first publication of the edition took place before the commencement of this Act.

Infringement by Importation, Sale and Other Dealings

225. For the purposes of sections 102 and 103, the fact that, to the knowledge of a person, the making of an article constituted, or, in the case of an imported article, would, if the article had been made in Australia by the importer of the article, have constituted, an infringement of copyright under the Copyright Act, 1911 has the like effect as if, to the knowledge of that person, the making of the article had constituted, or would, if the article had been made in Australia by the importer, have constituted, as the case may be, an infringement of copyright under this Act.

Division 4
Miscellaneous
Actions for Infringement

226. Section 115 does not apply to an infringement of copyright under the Copyright Act, 1911 and does not affect any proceedings under that Act, whether instituted before or after the commencement of this Act.

Infringing Copies

227. Section 116 of this Act does not apply in relation to an article made, or imported into Australia, before the commencement of this Act, but, notwithstanding subsection 5(1) of this Act, proceedings may, subject to the Copyright Act, 1911, be brought or continued by virtue of section 7 of that Act in relation to such an article and may be so brought or continued although the proceedings relate to the conversion or detention of the article after the commencement of this Act.

Actions where Copyright Subject to Exclusive Licence

228. Division 3 of Part V does not apply in relation to a licence granted before the commencement of this Act and does not affect any proceedings under the Copyright Act, 1911, whether instituted before or after the commencement of this Act.

Offences and Summary Proceedings

229. For the purposes of Division 5 of Part V, the definition of infringing copy in section 10 applies as if any reference in that definition to copyright included a reference to copyright under the Copyright Act, 1911.

Limitation of Actions

230. Section 134 of this Act does not apply in relation to an infringement of copyright under the Copyright Act, 1911 or to an article made, or imported into Australia, before the commencement of this Act.

Restriction of Importation of Printed Copies of Works

231. Where:

(a) before the date of commencement of this Act, a notice had been given in respect of a work under section 10 of the Copyright Act 1912 or of that Act as amended; and

(b) that notice had not been withdrawn, and had not otherwise ceased to have effect, before that date;

the notice has, during the period of six months commencing on that date, such effect (if any) as it would have if it had been duly given in accordance with section 135 of this Act.

References and Applications to Tribunal in
Relation to Licence Schemes

232.-(1) Part VI applies in relation to licence schemes formulated before the date of commencement of this Act in like manner as it applies in relation to licence schemes formulated on or after that date, but, for the purposes of the application of that Part in relation to licence schemes formulated before that date, any reference in that Part to copyright includes a reference to copyright under the Copyright Act, 1911.

(2) Any reference in section 157 to a refusal or failure to grant or procure the grant of a licence, or to a proposal that a licence should be granted, does not include a reference to a refusal or failure that occurred, or a proposal that was made, before the commencement of this Act.

Duration of Crown Copyright in Photographs

233. Subsection 180(2) applies in relation to photographs taken before the commencement of this Act as if subsection 180(3) were omitted.

Duration of Crown Copyright in Recordings

234. Section 181 applies in relation to sound recordings made before the commencement of this Act as if the reference in that section to the expiration of the calendar year in which the recording is first published were a reference to the expiration of the calendar year in which the recording was made.

Crown Copyright in Films

235.-(1) Sections 178 and 181 do not apply in relation to cinematograph films made before the commencement of this Act.

(2) Where sections 178 and 181 do not apply in relation to a cinematograph film by reason of the last preceding subsection:

(a) if the film was an original dramatic work as defined by section 204-sections 176 and 177, and subsection 180(1), apply in relation to that work in accordance with subsection 222(1); and

(b) sections 176 and 177, and subsection 180(2) as modified by section 233, apply in relation to photographs forming part of the film in like manner as they apply in relation to photographs not forming part of a cinematograph film.

Works Made or Published by International Organizations

236.-(1) Subsection 187(1) does not apply in relation to works made before the commencement of this Act.

(2) Subsection 187(2) does not apply in relation to works first published before the commencement of this Act.

Subject-Matter, Other Than Original Works, Made or
Published by International Organizations

237.-(1) Subsection 188(1) does not apply in relation to sound recordings or cinematograph films made before the commencement of this Act.

(2) Subsection 188(2) does not apply in relation to sound recordings or cinematograph films first published before the commencement of this Act.

(3) Subsection 188(3) does not apply in relation to an edition published before the commencement of this Act.

Assignments and Licences

239.-(1) Subject to this section, where copyright subsists in a work by virtue of this Act, any document that was made, or event that occurred, before the commencement of this Act, being a document or event that had any operation affecting the ownership of, or creating, transferring or terminating an interest, right or licence in respect of, copyright in the work under the Copyright Act, 1911 or would have had such an operation if that Act had continued in force, has the like operation in relation to the copyright in the work under this Act.

(2) If the operation of a document to which the last preceding subsection applies was or would have been limited to a period specified in the document, the document does not have any operation in relation to the copyright under this Act, except in so far as that period extends after the commencement of this Act.

(3) For the purposes of the operation of a document in accordance with this section:

(a) expressions used in the document have the same respective meanings as they had immediately before the commencement of this Act, whether or not those expressions have different meanings for the purposes of this Act; and

(b) subsection 197(1) does not apply.

(4) Without prejudice to the generality of subsection (1), where the author of a work that was made before the commencement of this Act was the first owner of the copyright in the work:

(a) any assignment of the copyright, or any grant of an interest in the copyright, made by the author (otherwise than by will) after the commencement of the Copyright Act, 1911 and before the commencement of this Act, being an assignment or grant that has effect in relation to copyright in the work under this Act by virtue of subsection (1), does not operate to vest in the assignee or grantee any rights with respect to the copyright in the work after the expiration of 25 years after the date of the death of the author;

(b) on the death of the author, the reversionary interest in the copyright expectant on the termination of that period devolves, notwithstanding any agreement to the contrary, on his or her legal personal representative as part of his or her estate; and

(c) any agreement entered into by the author as to the disposition of that reversionary interest is of no force or effect;

but nothing in this subsection shall be taken to apply to the assignment of the copyright in a collective work or a licence to publish a work or a part of a work as part of a collective work.

(5) In the last preceding subsection, expressions that are defined by section 204 have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

(6) The preceding subsections of this section apply in relation to copyright under this Act in a sound recording or in a cinematograph film in like manner as they apply in relation to copyright in a work but a reference in those subsections to the copyright under the Copyright Act, 1911 shall:

(a) in the application of those subsections in relation to a sound recording-be read as a reference to the copyright under that Act in records embodying the recording; and

(b) in the application of those subsections in relation to a cinematograph film-be read as a reference to any copyright under that Act in the film (in so far as it constituted a dramatic work for the purposes of that Act) or in photographs forming part of the film.

Bequests

240.-(1) Section 198 does not apply in relation to a bequest contained in the will of a testator who died before the commencement of this Act.

(2) Where:

(a) an author has died before the commencement of this Act;

(b) a person has acquired, under the will of the author, the ownership of a manuscript of a work by the author; and

(c) the work:

(i) has not been published;

(ii) in the case of a dramatic or musical work-has not been performed in public; and

(iii) in the case of a lecture-has not been delivered in public;

the ownership by that person of the manuscript is evidence that that person is the owner of the copyright in the work.

(3) In the last preceding subsection, expressions that are defined by section 204 have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

Delivery of Library Material to National Library

241. Section 201 does not apply in relation to library material published before the commencement of this Act.

Groundless Threats of Legal Proceedings

242. Section 202 of this Act does not apply in relation to threats made after the commencement of this Act in respect of acts that took place before the commencement of this Act and, notwithstanding section 6 of this Act, section 41A of the Copyright Act 1912-1966 continues to apply in relation to any such threats in like manner as it continues to apply in relation to threats made before the commencement of this Act.

Division 5
Works Made Before 1 July, 1912
Interpretation

243. In this Division, right conferred by the Copyright Act, 1911, in relation to a work, means a right that, by virtue of section 24 of the Copyright Act, 1911, was conferred in place of a right that subsisted immediately before the commencement of that Act.

Application

244. This Division applies to works made before 1 July 1912.

Rights Conferred by Copyright Act, 1911

245. Notwithstanding anything in Division 2, section 32 of this Act does not apply to a work to which this Division applies unless a right conferred by the Copyright Act, 1911 subsisted in the work immediately before the commencement of this Act.

Performing Rights

246.-(1) Where the right conferred by the Copyright Act, 1911 in relation to a dramatic or musical work to which this Division applies did not include the sole right to perform the work in public, then, copyright, in so far as it subsists in the work by virtue of this Act, does not include the performing rights in relation to the work.

(2) Where the right conferred by the Copyright Act, 1911 in relation to a dramatic or musical work to which this Division applies consisted only of the sole right to perform the work in public, then, copyright, in so far as it subsists in the work by virtue of this Act, consists only of the performing rights in relation to the work.

(3) For the purposes of this section, the performing rights, in relation to a work, are:

(a) the exclusive right to perform the work, or an adaptation of the work, in public;

(b) the exclusive right to communicate the work or an adaptation of the work to the public.

Contributions to Periodicals

247. Where:

(a) a work to which this Division applies (in this section referred to as the relevant work) consists of an essay, article or item forming part of, and first published in, a review, magazine or other periodical or work of a like nature; and

(b) immediately before the commencement of this Act, a right of publishing the relevant work in a separate form subsisted by virtue of the note to the First Schedule to the Copyright Act, 1911;

copyright subsisting in the relevant work by virtue of this Act is subject to that right of publishing the relevant work in a separate form.

Assignments and Licences

248.-(1) Without prejudice to the generality of subsection 239(1) of this Act, where:

(a) the author of a work to which this Division applies had, before the commencement of the Copyright Act, 1911, made an assignment or grant of a kind referred to in paragraph (a) of the proviso to subsection 24(1) of that Act (in this section referred to as the proviso); and

(b) copyright subsists in the work by virtue of this Act;

the succeeding subsections of this section have effect.

(2) If, before the commencement of this Act, an event occurred or a notice was given, being an event or notice that, in accordance with paragraph (a) of the proviso, had any operation affecting the ownership of the right conferred by the Copyright Act, 1911 in relation to the work or creating, transferring or terminating an interest, right or licence in respect of that right, that event or notice has the like operation in relation to the copyright in the work under this Act.

(3) Any right that, at a time after the commencement of this Act, would, by virtue of paragraph (a) of the proviso, have been exercisable in relation to the work or in relation to the right conferred by the Copyright Act, 1911, if this Act had not been enacted, is exercisable in relation to the work or in relation to the copyright subsisting in the work under this Act, as the case may be.

(4) If, in accordance with paragraph (a) of the proviso, the right conferred by the Copyright Act, 1911 would have reverted to the author or his or her personal representatives on the date referred to in that paragraph, and that date occurs after the commencement of this Act, then on that date:

(a) the copyright in the work under this Act reverts to the author or his or her personal representatives, as the case may be; and

(b) any interest of any other person in that copyright that subsists on that date by virtue of any document made before the commencement of the Copyright Act, 1911 ceases.

PART XIA
PERFORMERS' PROTECTION
Division 1
Preliminary
Interpretation

248A.-(1) In this Part:

action means a proceeding of a civil nature between parties and includes a counterclaim.

authorised, in relation to a recording of a performance, means made with the authority of the performer.

cinematograph film includes an article in which visual images are embodied and which is capable of being used to show those images as a moving picture, and a sound-track associated with those images.

direct, in relation to a sound recording or cinematograph film of a performance, means made directly from the live performance.

exempt recording means:

(a) an indirect sound recording or an indirect cinematograph film of a performance, being a sound recording or film made solely for the purpose of the private and domestic use of the person who made it;

(b) an indirect sound recording or an indirect cinematograph film of a performance, being a sound recording or film made solely for the purpose of use in scientific research;

(c) an indirect sound recording or an indirect cinematograph film of a performance, being a sound recording or film made by, or on behalf of, the body administering an educational institution solely for the educational purposes of that institution or of another educational institution;

(d) an indirect sound recording or an indirect cinematograph film of a performance, being a sound recording or film made by, or on behalf of, the body administering an institution assisting persons with a print disability solely for the purpose of the provision, whether by the institution or otherwise, of assistance to persons with a print disability;

(e) an indirect sound recording or an indirect cinematograph film of a performance, being a sound recording or film made by, or on behalf of, the body administering an institution assisting persons with an intellectual disability solely for the purpose of the provision, whether by the institution or otherwise, of assistance to persons with an intellectual disability;

(f) a direct or indirect sound recording or cinematograph film of a performance made:

(i) for the purpose of, or associated with, the reporting of news or current affairs; or

(ii) for the purpose of criticism or review;

(g) a direct or indirect sound recording or cinematograph film of a performance made solely for the purpose of a judicial proceeding or the giving of professional advice by a legal practitioner;

(h) a direct sound recording or cinematograph film of a performance made by a broadcaster who has the authority of the performer to broadcast the performance, being a recording or film made solely for the purpose of making that broadcast;

(j) a direct or indirect sound recording or cinematograph film of a performance made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the recording or film by the person;

(k) a copy of a sound recording or cinematograph film referred to in paragraph (a), (b), (c), (d), (e), (f) or (g), being a copy made solely for a purpose referred to in any of those paragraphs;

(m) a copy of a sound recording or cinematograph film referred to in paragraph (h), being a copy made solely for the purpose referred to in that paragraph;

(n) a copy of a sound recording or cinematograph film referred to in paragraph (j), being a copy made:

(i) by a person who believes, due to a fraudulent or innocent representation made to the person, that the performer has authorised the making of the copy; or

(ii) solely for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f) or (g); or

(p) a copy of an authorised recording of a performance, other than a copy of an authorised sound recording where the copy was made for use in a sound-track but the making of the sound recording was not authorised for the purpose of use in a sound-track.

indirect, in relation to a sound recording or cinematograph film of a performance, means made from a broadcast, or a re-broadcast, of the performance.

performance means:

(a) a performance (including an improvisation) of a dramatic work, or part of such a work, including such a performance given with the use of puppets;

(b) a performance (including an improvisation) of a musical work or part of such a work;

(c) the reading, recitation or delivery of a literary work, or part of such a work, or the recitation or delivery of an improvised literary work;

(d) a performance of a dance; or

(e) a performance of a circus act or a variety act or any similar presentation or show;

being a live performance given in Australia or given by one or more qualified persons, whether in the presence of an audience or otherwise.

protection period, in relation to a performance, has the meaning given by section 248CA.

qualified person means an Australian citizen, an Australian protected person or a person resident in Australia.

recording means a sound recording or cinematograph film, other than an exempt recording.

sound recording includes an article in which sounds are embodied.

unauthorised, in relation to a recording of a performance, means made without the authority of the performer.

unauthorised use has the meaning given by section 248G.

(2) The following shall be taken not to be performances for the purposes of this Part:

(a) a performance referred to in subsection 28(1);

(b) a reading, recital or delivery of any item of news and information;

(c) a performance of a sporting activity; or

(d) a participation in a performance as a member of an audience.

(3) In this Part:

(a) a reference to the doing of an act in relation to a performance includes a reference to the doing of that act in relation to a substantial part of the performance;

(b) a reference to the doing of an act in relation to a performance, or a recording of a performance, with the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act;

(c) a reference to the doing of an act in relation to a performance, or a recording of a performance, without the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where at least one of the performers has not authorised the doing of the act; and

(d) a reference to a sound-track is a reference to a sound-track associated with visual images forming part of a cinematograph film.

Educational Purposes

248B. Without limiting the meaning of the expression educational purposes in paragraph (c) of the definition of exempt recording in subsection 248A(1), a sound recording or cinematograph film of a performance shall be taken to have been made for the educational purposes of an educational institution if it is made:

(a) for use in connection with a particular course of instruction provided by the institution; or

(b) for inclusion in the collection of a library of the institution.

Exempt Recordings Cease to Be Exempt Recordings in
Certain Circumstances

248C.-(1) If any copies of a sound recording or a cinematograph film of a performance, being a sound recording or film that is an exempt recording under paragraph (h) of the definition of exempt recording in subsection 248A(1), are not destroyed before the end of the period of 12 months beginning on the day on which any of those copies is first used for broadcasting the performance, the sound recording or film shall, at the end of that period, cease to be an exempt recording.

(2) A sound recording or cinematograph film, or a copy of such a recording or film, that is an exempt recording because it was made for a purpose referred to in paragraph (a), (b), (c), (d), (e) or (f) of the definition of exempt recording in subsection 248A(1) ceases to be an exempt recording if it is used for any other purpose without the authority of the performer.

Protection Period

248CA.-(1) Subject to subsections (2) and (3), the protection period of a performance is the period beginning on the day when the performance was given and ending at the end of the period of 20 calendar years after the calendar year in which the performance was given.

(2) For the purposes of section 248QA, the protection period of a performance is the period beginning on the day when the performance was given and ending at the end of the period of 50 calendar years after the calendar year in which the performance was given.

(3) For the purposes of the operation, in relation to a sound recording of a performance, of a provision of this Part listed in subsection (4), the protection period of a performance is the period beginning on the day when the performance was given and ending at the end of the period of 50 calendar years after the calendar year in which the performance was given.

(4) Subsection (3) applies to the following provisions of this Part:

(a) paragraphs 248G(1) (a), (2) (a), (2) (b) and (2) (d) to (g);

(b) subsection 248P(1);

(c) subsection 248P(2);

(d) subsection 248P(6);

(e) subsection 248Q(1);

(f) subsection 248Q(2);

(g) subsection 248Q(4);

(h) subsection 248Q(6).

Private and Domestic Use

248D. For the purposes of this Part, a sound recording or cinematograph film shall be taken not to have been made for the private and domestic use of the person who made it if it is made for the purpose of:

(a) selling it, letting it for hire, or by way of trade offering or exposing it for sale or hire;

(b) distributing it, whether for the purpose of trade or otherwise;

(c) by way of trade exhibiting it in public;

(d) broadcasting the film or recording; or

(e) causing the film or recording to be seen or heard in public.

Application

248F.-(1) Except for section 248QA, this Part applies to an act done on or after the commencement of this Part in relation to a performance given on or after that commencement.

(2) Nothing in this Part affects any copyright subsisting in a work that is performed or in any sound recording, cinematograph film or broadcast of a performance, or any other right or obligation arising otherwise than under this Part.

(3) In the application of this Part to a counterclaim, the reference in section 248J to the defendant shall be read as a reference to the plaintiff.

Division 2
Actions by Performers
What Constitutes Unauthorised Use

248G.-(1) A person makes an unauthorised use of a performance if the person, at any time during the protection period of the performance and without the authority of the performer:

(a) makes a direct or indirect recording of the performance; or

(b) broadcasts or re-broadcasts the performance, either directly from the live performance or from an unauthorised recording of it.

(2) A person makes an unauthorised use of a performance if the person, at any time during the protection period of the performance and without the authority of the performer:

(a) makes a copy of a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording;

(b) makes a copy of an exempt recording of the performance, being a copy that the person knows, or ought reasonably to know, is not itself an exempt recording;

(c) makes, for use in a sound-track, a copy of an authorised sound recording of the performance and the person knows, or ought reasonably to know, that the making of the sound recording was not authorised for the purpose of use in that or any other sound-track;

(d) has in his or her possession a recording of the performance, for the purpose of:

(i) selling it, letting it for hire, or by way of trade offering or exposing it for sale or hire; or

(ii) distributing it for the purpose of trade, or for any other purpose that will affect prejudicially the financial interests of the performer or performers in the performance;

being a recording that the person knows, or ought reasonably to know, is an unauthorised recording;

(e) sells, lets on hire, or by way of trade exhibits in public or offers or exposes for sale or hire, a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording;

(f) distributes a recording of the performance for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance, being a recording that the person knows, or ought reasonably to know, is an unauthorised recording;

(g) imports a recording of the performance into Australia for the purpose of:

(i) selling it, letting it for hire, or by way of trade exhibiting it in public or offering or exposing it for sale or hire; or

(ii) distributing it for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance;

being a recording that the person knows, or ought reasonably to know, is an unauthorised recording; or

(h) causes a recording of the performance to be heard or seen in public, being a recording that the person knows, or ought reasonably to know, is an unauthorised recording.

(3) A person who broadcasts or re-broadcasts an authorised recording of a performance without the authority of the performer does not, by so doing, make an unauthorised use of the performance.

(4) This section applies only to acts done in Australia.

Copying Sound Recordings for Broadcasting

248H.-(1) Despite paragraph 248G(2) (c), where the making of a copy of a sound recording of a performance for use in a sound-track would, but for this subsection, be an unauthorised use of the performance under that paragraph, the making by a person of such a copy solely for the purpose of use in a broadcast by that person is not an unauthorised use of the performance.

(2) Subsection (1) does not apply to a copy if it is used for a purpose other than:

(a) a broadcast by the person who made the copy; or

(b) the making of further copies by that person for the purpose of broadcasting by that person.

(3) Subsection (1) does not apply to a copy unless all the copies made in accordance with that subsection are:

(a) destroyed; or

(b) delivered, with the consent of the Director-General of the Australian Archives, to the Australian Archives;

before the end of the period of 12 months beginning on the day on which any of those copies is first used for the purpose of a broadcast in accordance with that subsection, or before the end of such further period (if any) as is agreed between the maker of the copy and the performer, or all of the performers.

(4) The Director-General of the Australian Archives shall not consent to the delivery of a copy of a sound recording to the Australian Archives unless the Director-General has certified that the sound recording is of an exceptional documentary character.

Actions for Unauthorised Use

248J.-(1) A performer may bring an action for an unauthorised use of his or her performance.

(2) The relief that a court may grant in an action for an unauthorised use of a performance includes an injunction (subject to such terms, if any, as the court thinks fit) and damages.

(3) Where, in an action for an unauthorised use of a performance:

(a) the unauthorised use is established; and

(b) the court is satisfied that it is proper to do so, having regard to:

(i) the flagrancy of the use;

(ii) any benefit shown to have accrued to the defendant by reason of the use; and

(iii) all other relevant matters;

the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.

Exercise of Jurisdiction

248K. The jurisdiction of the Supreme Court of a State or Territory in an action under section 248J shall be exercised by a single Judge of the Court.

Appeals

248L.-(1) Subject to subsection (2), a decision of a court of a State or Territory (however constituted) in an action under section 248J is final and conclusive.

(2) An appeal lies from a decision of a court of a State or Territory in an action under section 248J:

(a) to the Federal Court of Australia; or

(b) by special leave of the High Court, to the High Court.

Jurisdiction of Federal Court

248M. Jurisdiction is conferred on the Federal Court of Australia with respect to actions under section 248J.

Right to Bring an Action Not Assignable

248N. The right of a performer to bring an action under section 248J is not assignable.

Division 3
Offences
Offences Involving Unauthorised Recording,
Broadcasting etc. of Performances

248P.-(1) A person shall not, at any time during the protection period of a performance, make a direct recording of the performance without the authority of the performer.

(2) A person shall not, at any time during the protection period of a performance, make an indirect recording of the performance without the authority of the performer.

(3) A person shall not, at any time during the protection period of a performance, broadcast or re-broadcast the performance, either directly from the live performance or from an unauthorised recording of it, without the authority of the performer.

(5) A person shall not, at any time during the protection period of a performance, cause a recording of the performance to be heard or seen in public if the person knows, or ought reasonably to know, that the recording is an unauthorised recording.

(6) A person shall not, at any time during the protection period of a performance, have in his or her possession any plate or recording equipment that the person knows, or ought reasonably to know, is to be used for making an unauthorised recording of the performance or a copy of such a recording.

(7) This section applies only to acts done in Australia.

(7A) A person who contravenes subsection (1), (2), (3), (5) or (6) is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.

Note: A corporation may be fined up to 5 times the amount of the maximum fine. See subsection 4B(3) of the Crimes Act 1914.

(8) A person who broadcasts or re-broadcasts an authorised recording of a performance without the authority of the performer does not, by doing so, contravene subsection (3).

Other Offences in Relation to Performances

248Q.-(1) A person shall not, at any time during the protection period of a performance, make a copy of a recording of the performance if the person knows, or ought reasonably to know, that the recording is an unauthorised recording.

(2) A person shall not, at any time during the protection period of a performance, make a copy of an exempt recording of the performance without the authority of the performer if the person knows, or ought reasonably to know, that the copy is not itself an exempt recording.

(3) A person shall not, at any time during the protection period of a performance, make a copy of an authorised sound recording of the performance without the authority of the performer if:

(a) the copy is made for use in a sound-track and the person knows, or ought reasonably to know, that the making of the sound recording was not authorised for the purpose of use in that or any other sound-track; and

(b) the making of the copy is an unauthorised use of the performance under subsection 248G(2).

(4) A person must not, at any time during the protection period of a performance:

(a) sell, let for hire, or by way of trade offer or expose for sale or hire a recording of the performance; or

(b) distribute a recording of the performance for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance; or

(c) have in his or her possession a recording of the performance for the purpose of:

(i) selling it, letting it for hire, or by way of trade offering or exposing it for sale or hire; or

(ii) distributing it for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance; or

(d) import a recording of the performance into Australia for the purpose of:

(i) selling it, letting it for hire, or by way of trade offering or exposing it for sale or hire; or

(ii) distributing it for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance;

if the person knows, or ought reasonably to know, that the recording is an unauthorised recording.

(6) A person shall not, at any time during the protection period of a performance:

(a) by way of trade exhibit in public a recording of the performance; or

(b) import a recording of the performance into Australia for the purpose of exhibiting the recording in public by way of trade;

if the person knows, or ought reasonably to know, that the recording is an unauthorised recording.

(7) This section applies only to acts done in Australia.

(8) A person who contravenes subsection (1), (2), (3), (4) or (6) is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.

Note: A corporation may be fined up to 5 times the amount of the maximum fine. See subsection 4B(3) of the Crimes Act 1914.

Further Offences Relating to Sound
Recordings of Certain Performances

248QA.-(1) This section applies to an act done in Australia on or after the date of commencement of Part 4 of the Copyright (World Trade Organization Amendments) Act 1994 in relation to a performance given at any time before that date.

(2) A person must not, at any time during the protection period of a performance, have in his or her possession any plate or recording equipment that the person knows, or ought reasonably to know, is to be used for making a copy of an unauthorised sound recording of the performance.

(3) A person must not, at any time during the protection period of a performance, make a copy of a sound recording of the performance if the person knows, or ought reasonably to know, that the recording is an unauthorised recording.

(4) A person must not, at any time during the protection period of a performance:

(a) sell, let for hire, or by way of trade offer or expose for sale or hire, a sound recording of the performance; or

(b) distribute a sound recording of the performance for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance; or

(c) have in his or her possession a sound recording of the performance for the purpose of:

(i) selling it, letting it for hire, or by way of trade offering or exposing it for sale or hire; or

(ii) distributing it for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance; or

(d) import a sound recording of the performance into Australia for the purpose of:

(i) selling it, letting it for hire, or by way of trade offering or exposing it for sale or hire; or

(ii) distributing it for the purpose of trade, or for any other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance;

if the person knows, or ought reasonably to know, that the recording is an unauthorised recording.

(5) A person must not, at any time during the protection period of a performance:

(a) by way of trade exhibit in public a sound recording of the performance; or

(b) import a sound recording of the performance into Australia for the purpose of exhibiting the recording in public by way of trade;

if the person knows, or ought reasonably to know, that the recording is an unauthorised recording.

(6) A person who contravenes subsection (2), (3), (4) or (5) is guilty of an offence punishable on summary conviction by a fine of not more than 550 penalty units and/or imprisonment for not more than 5 years.

Note: A corporation may be fined up to 5 times the amount of the maximum fine. See subsection 4B(3) of the Crimes Act 1914.

Protection Against Multiple Prosecutions for Same Act

248QB. If a single act done in relation to a performance is an offence against either section 248P or 248Q and an offence against section 248QA, only one of the offences may be prosecuted.

Prosecutions for Offences

248S.-(1) Prosecutions for offences against this Part may be brought in the Federal Court of Australia or in any other court of competent jurisdiction.

(2) Jurisdiction is conferred on the Federal Court of Australia to hear and determine prosecutions for offences against this Part.

Destruction or Delivery up of Unauthorised Recordings

248T. The court before which a person is charged with an offence against this Part may, whether the person is convicted of the offence or not, order that any article in the possession of the person that appears to the court to be:

(a) an unauthorised recording of a performance, or a copy of such a recording; or

(b) a plate or recording equipment used, or intended to be used, for making an unauthorised recording of a performance, or copies of such a recording;

be destroyed or delivered up to the performer or performers concerned or otherwise dealt with in such manner as the court thinks fit.

Division 4
Extension of Protection to Foreign Countries
Application to Foreign Countries

248U.-(1) Subject to this section, the regulations may apply any of the provisions of this Part specified in the regulations, in relation to a foreign country so specified, in any one or more of the following ways:

(a) so that the provisions apply in relation to performances given in that country in like manner as those provisions apply in relation to performances given in Australia;

(b) so that the provisions apply in relation to persons who are citizens or nationals of that country in like manner as those provisions apply in relation to persons who are Australian citizens;

(c) so that the provisions apply in relation to persons who are resident in that country in like manner as those provisions apply in relation to persons who are resident in Australia.

(2) Regulations applying a provision of this Part in relation to a foreign country:

(a) may apply the provision without exception or modification or subject to such exceptions or modifications as are specified in the regulations; and

(b) may apply the provision either generally or in relation to such classes of performances, or other classes of cases, as are specified in the regulations.

(3) Regulations shall not be made applying any of the provisions of this Part in relation to a foreign country that is not a party to a Convention relating to the protection of performers to which Australia is also a party unless the Governor-General is satisfied that, in respect of the performances to which those provisions relate, provision has been or will be made under the law of that country under which adequate protection is or will be given to performers whose performances are protected under this Act.

Denial of Protection to Citizens of Countries Not Giving
Adequate Protection to Australian Performances

248V.-(1) If it appears to the Governor-General that the law of a foreign country does not give adequate protection to Australian performances (whether the lack of protection relates to the nature of the performance or the nationality, citizenship or country of residence of its performer, or all of those matters), the Governor-General may, having regard to the nature and extent of the lack of protection involved, make regulations in relation to that country in accordance with this section.

(2) Regulations made for the purposes of this section may provide, either generally or in such cases as are specified in the regulations, that this Part does not apply to performances given after a day specified in the regulations (which may be a day before the commencement of the regulations or of this Part) if, at the time the performances were or are given, the performers were or are citizens or nationals of a foreign country specified in the regulations, other than persons resident in Australia.

PART XII
REGULATIONS
Regulations

249. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing penalties not exceeding a fine of $100 for offences against the regulations.

THE SCHEDULE

Section 144

OATH

I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office
of and that I will faithfully and impartially perform the duties of that office.

SO HELP ME GOD!

AFFIRMATION

I, , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of and that I will faithfully and impartially perform the duties of that office.

TABLES OF ACTS

Notes to the Copyright Act 1968

Note 1

The Copyright Act 1968 as shown in this compilation comprises Act No. 63, 1968 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 30 July 1998 is not incorporated in this compilation. For subsequent information see Table A.

The Copyright Act 1968 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations (1989 No. 3 as amended) see Table B.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Copyright Act 1968

63, 1968

27 June 1968

1 May 1969 (see Gazette 1969, p. 2543)

Statute Law Revision Act 1973

216, 1973

19 Dec 1973

31 Dec 1973

Ss. 9(1) and 10

Administrative Changes (Consequential Provisions) Act 1976

91, 1976

20 Sept 1976

S. 3: (a)

S. 4

Broadcasting and Television Amendment Act 1977

160, 1977

10 Nov 1977

1 Jan 1978 (see Gazette 1977, No. S259)

-

Jurisdiction of Courts (Miscellaneous Amendments) Act 1979

19, 1979

28 Mar 1979

Parts II-XVII (ss. 3-123): 15 May 1979 (see Gazette 1979, No. S86)
Remainder: 19 Mar 1979

Ss. 9 and 124

Copyright Amendment Act 1980

154, 1980

19 Sept 1980

Ss. 17-19: 29 Sept 1980

Remainder: 1 Aug 1981 (see Gazette 1981, No. S124)

-

Designs Amendment Act 1981

42, 1981

13 May 1981

Ss. 1 and 2: 13 Mar 1981
S. 31, Part IV (ss. 34, 35) and s. 36(2): 1 Apr 1982 (see Gazette 1982, No. G12)
Remainder: 1 Apr 1982 (see Gazette 1982, No. G12)

S. 36

Statute Law Revision Act 1981

61, 1981

12 June 1981

S. 115: Royal Assent (b)

-

Broadcasting and Television Amendment Act 1981

113, 1981

24 June 1981

S. 30: 10 Aug 1981 (see Gazette 1981, No. S158)
Remainder: 24 June 1981

-

Statute Law (Miscellaneous Amendments) Act (No. 1) 1982

26, 1982

7 May 1982

Part XVIII (ss. 136-145): 4 June 1982 (c)

S. 138(2)

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

Part LXXVII (s. 280): Royal Assent (d)

S. 280(2) and (3)

Broadcasting and Television Amendment Act 1982

154, 1982

31 Dec 1982

31 Dec 1982

-

Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983

7, 1983

1 June 1983

Ss. 1, 2, 15(1) and 24: 1 June 1983
Remainder: 1 July 1983 (see s. 2(2) and Gazette 1983, No. S124)

S. 60(2)

Copyright Amendment Act 1983

80, 1983

3 Nov 1983

6 June 1984 (see Gazette 1984, No. S203)

-

Statute Law (Miscellaneous Provisions) Act (No. 2) 1983

91, 1983

22 Nov 1983

S. 3: 20 Dec 1983 (e)

S. 6

Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1983

136, 1983

22 Dec 1983

27 Aug 1985 (see s. 2 and Gazette 1985, No. S322)

-

Copyright Amendment Act 1984

43, 1984

15 June 1984

15 June 1984

S. 7

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

S. 3: 22 Nov 1984 (f)

Ss. 6(1) and 7

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

S. 3: 3 July 1985 (g)

-

Broadcasting and Television (Consequential Amendments) Act 1985

67, 1985

5 June 1985

1 Jan 1986

S. 4

Copyright Amendment Act 1986

78, 1986

24 June 1986

Ss. 14-19: 22 July 1986
Remainder: 30 Apr 1987 (see Gazette 1987, No. S68)

Ss. 20(2) and 28(2)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1986

168, 1986

18 Dec 1986

S. 3: (h)

S. 5(1)

Jurisdiction of Courts (Miscellaneous Amendments) Act 1987

23, 1987

26 May 1987

S. 3: (i)

S. 5

Broadcasting Legislation Amendment Act 1988

146, 1988

26 Dec 1988

S. 49: 1 Mar 1989 (j)

-

Circuit Layouts Act 1989

28, 1989

22 May 1989

Ss. 1 and 2: Royal Assent
Remainder: 1 Oct 1990 (see Gazette 1990, No. S261)

-

Copyright Amendment Act 1989

32, 1989

24 May 1989

Ss. 3, 5, 7, 12, 13, 21, 22, 28 and Schedule (items 1, 4, 10, 12, 14, 19, 25, 26): 1 Oct 1989 (see Gazette 1989, No. S316)
Ss. 4, 14, 16, 18, 20, 23, 25, 27, 29 and Schedule (items 48, 49, 53): 29 Jan 1990 (see Gazette 1990, No. S15)
Ss. 6, 15, 19, 24, 26(a) and Schedule (items 2, 3, 6-9, 11, 13, 15, 18,
21-24, 27-47,
50-52): 1 July 1990 (see Gazette 1990, No. S164)
Ss. 8-11, 17 and Schedule (items 5, 16, 17, 20): 1 Oct 1990 (see Gazette 1990, No. S261)
S. 26 (b)-(f): 2 July 1990 (see Gazette 1990, No. S164)
Remainder: Royal Assent

S. 2 (rep. by 107, 1993, s.13)
Ss. 25 and 29 (am. by 107, 1993, ss. 8 and 10)

as repealed by

Copyright Amendment (Re-enactment) Act 1993

107, 1993

22 Dec 1993

S. 13: Royal Assent

S. 2(2)

as re-enacted by

Copyright Amendment (Re-enactment) Act 1993

107, 1993

22 Dec 1993

(k)

Ss. 8 and 10-12

Copyright Amendment Act 1991

174, 1991

25 Nov 1991

23 Dec 1991

-

Special Broadcasting Service Act 1991

180, 1991

25 Nov 1991

S. 116: 23 Dec 1991 (n( �/em>

S. 116(2)

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992

105, 1992

9 July 1992

5 Oct 1992 (see s. 2 and Gazette 1992, No. GN38)

S. 3

Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992

167, 1992

11 Dec 1992

1 July 1993

S. 14(3)

Copyright Amendment (Re-enactment) Act 1993

107, 1993

22 Dec 1993

22 Dec 1993

Ss. 8 and 10-12

Agricultural and Veterinary Chemicals (Consequential Amendments) Act 1994

37, 1994

15 Mar 1994

15 Mar 1995 (see s. 2)

-

Law and Justice Legislation Amendment Act (No. 2) 1994

141, 1994

28 Nov 1994

S. 4 (items 1-13, 15-30, 32-112): Royal Assent (m)
S. 4 (items 14, 31): 23 Dec 1991 (m)

S. 7

Copyright (World Trade Organization Amendments) Act 1994

149, 1994

13 Dec 1994

Ss. 1 and 2: Royal Assent
Parts 3 and 4 (ss. 6-17): 1 July 1995
Remainder: 1 Jan 1996

-

Intellectual Property Laws Amendment Act 1998

100, 1998

27 July 1998

Schedule 2 (items 1-3): 27 Jan 1999 (n)

-

Copyright Amendment Act (No. 1) 1998

104, 1998

30 July 1998

Schedule 2 (items 6, 8, 10, 12) and Schedule 8 (item 12): 30 Jan 2000
Remainder: Royal Assent

Sch. 1 (item 4),
Sch. 3 (item 4),
Sch. 4 (item 6),
Sch. 9 (item 8) and Sch. 10 (item 51) [see Table A]

Copyright Amendment Act (No. 2) 1998

105, 1998

30 July 1998

(o)

Sch. 1 (item 9)
[see Table A]

Copyright Amendment (Computer Programs) Act 1999

105, 1999

24 Aug 1999

30 Sept 1999 (see Gazette 1999, No. S462)

-

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (item 338): 5 Dec 1999 (see Gazette 1999, No. S584) (p)

-

Copyright Amendment (Digital Agenda) Act 2000

110, 2000

4 Sept 2000

4 Mar 2001

Sch. 2 [see Table A]

as amended by

Statute Law Revision Act 2002

63, 2002

3 July 2002

Schedule 2 (items 4, 5): (q)

-

Copyright Amendment (Moral Rights) Act 2000

159, 2000

21 Dec 2000

Schedule 2: 4 Mar 2001 (see s. 2(3))
Remainder: Royal Assent

Sch. 1 (item 3) [see Table A]

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

S. 4(1), (2) and Schedule 9: (r)

S. 4(1), (2) [see Table A]

Act Notes

(a) The Copyright Act 1968 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:

(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.

(b) The Copyright Act 1968 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c) The Copyright Act 1968 was amended by Part XVIII (sections 136-145) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(12) of which provides as follows:

(12) The remaining provisions of this Act shall come into operation on the twenty(s)eighth day after the day on which this Act receives the Royal Assent.

(d) The Copyright Act 1968 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which provides as follows:

(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.

(e) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty(s)eighth day after the day on which it receives the Royal Assent.

(f) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty(s)eighth day after the day on which it receives the Royal Assent.

(g) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty(s)eighth day after the day on which it receives the Royal Assent.

(h) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2(3) provides as follows:

(3) The amendments of the Copyright Act 1968 made by this Act shall come into operation immediately after the commencement of section 3 of the Copyright Amendment Act 1986.

Section 3 commenced on 30 April 1987 (see Gazette 1987, No. S68, p. 6).

(i) The Copyright Act 1968 was amended by section 3 only of the Jurisdiction of Courts (Miscellaneous Amendments) Act 1987, subsection 2(2) of which provides as follows:

(2) The amendments made by this Act to an Act specified in the Schedule shall come into operation on such day as is fixed by Proclamation in relation to those amendments.

The date fixed in pursuance of subsection 2(2) was 1 September 1987 (see Gazette 1987, No. S217).

(j) The Copyright Act 1968 was amended by section 49 only of the Broadcasting Legislation Amendment Act 1988, subsection 2(3) of which provides as follows:

(3) Sections 15, 16 and 36, subsection 48(2), section 49 and Schedules 2, 4 and 5 commence on 1 March 1989.

(k) Certain provisions of the Copyright Amendment Act 1989 were re-enacted by sections 4-10 of the Copyright Amendment (Re-enactment) Act 1993. Subsection 2(2) of the Copyright Amendment (Re-enactment) Act 1993 provides as follows:

(2) The amendments made by this Act are taken to have commenced on the dates set out in the Schedule.

The commencement of the re-enacted provisions provide as follows:

Section 4 re-enacted sections 3, 5, 7, 12, 13, 21, 28 and the Schedule (items 1, 4, 10, 12, 14, 19, 25 and 26) which commenced on 1 October 1989.

Section 4 re-enacted sections 4, 14, 18, 23 and the Schedule (items 48, 49 and 53) which commenced on 29 January 1990.

Section 4 re-enacted sections 6, 24, 26(a) and the Schedule (items 2, 3, 6-9, 11, 13, 15, 18, 21-24, 27-47 and 50-52) which commenced on 1 July 1990.

Section 4 re-enacted sections 8-11, 17 and the Schedule (items 5, 16, 17 and 20) which commenced on 1 October 1990.

Section 4 re-enacted paragraphs 26(b) -(f) which commenced on 2 July 1990.

Section 5 re-enacted section 15 which commenced on 1 July 1990.

Section 6 re-enacted section 19 which commenced on 1 July 1990.

Section 7 re-enacted section 22 which commenced on 1 October 1989.

Section 8 re-enacted section 25 which commenced on 29 January 1990.

Section 9 re-enacted section 27 which commenced on 29 January 1990.

Section 10 re-enacted section 29 which commenced on 29 January 1990.

(l) The Copyright Act 1968 was amended by section 116 only of the Special Broadcasting Service Act 1991, subsection 2(1) of which provides as follows:

(1) Subject to subsection (2), this Act commences 28 days after the day on which it receives the Royal Assent.

(m) The Copyright Act 1968 was amended by section 4 (items 1-112) only of the Law and Justice Legislation Amendment Act (No. 2) 1994, subsections 2(1) and (4) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(4) Items 14 and 31 of Schedule 2 are taken to have commenced on 23 December 1991, immediately after the commencement of the Copyright Amendment Act 1991.

(n) The Copyright Act 1968 was amended by Schedule 2 (items 1-3) only of the Intellectual Property Laws Amendment Act 1998, subsections 2(4) and (5) of which provide as follows:

(4) Subject to subsection (5), Schedule 2 commences on a day to be fixed by Proclamation.

(5) If Schedule 2 does not commence under subsection (4) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, Schedule 2 commences on the first day after the end of that period.

(o) The Copyright Act 1968 was amended by Schedules 1 and 2 of the Copyright Amendment Act (No. 2) 1998, section 2 of which provide as follows:

(1) This Act commences on the day on which it receives the Royal Assent.

(2) However, this Act commences immediately after the commencement of item 1 of Schedule 3 to the Copyright Amendment Act (No. 1) 1998 if that Act receives the Royal Assent on a day that is the same as, or later than, the day on which this Act receives the Royal Assent.

The Copyright Amendment Act (No. 1) 1998 received the Royal Assent on 30 July 1998.

(p) The Copyright Act 1968 was amended by Schedule 1 (item 338) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(q) The Copyright Amendment (Digital Agenda) Act 2000 was amended by Schedule 2 (items 4 and 5) only of the Statute Law Revision Act 2002, subsection 2(1) (items 33 and 34) of which provides as follows:

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

33. Schedule 2, item 4

Immediately after the time specified in the Copyright Amendment (Digital Agenda) Act 2000 for the commencement of item 41 of Schedule 1 to that Act

4 March 2001

34. Schedule 2, item 5

Immediately after the time specified in the Copyright Amendment (Digital Agenda) Act 2000 for the commencement of item 224 of Schedule 1 to that Act

4 March 2001

(r) The Copyright Act 1968 was amended by Schedule 9 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1) (a) of which provides as follows:

(1) Subject to this section, this Act commences at the later of the following times:

(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

Item 15 commenced on 24 May 2001.

TABLE OF AMENDMENTS

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

Title

am. No. 32, 1989 (as am. by No. 107, 1993)

S. 3

rep. No. 216, 1973

S. 4

rs. No. 216, 1973

S. 8

am. No. 154, 1980; No. 42, 1981

rs. No. 165, 1984

S. 8A

ad. No. 154, 1980

am. No. 141, 1994

S. 9

am. No. 67, 1985

S. 9A

ad. No. 24, 2001

S. 10

am. No. 216, 1973; No. 160, 1977; No. 154, 1980; No. 113, 1981; No. 154, 1982; Nos. 7 and 136, 1983; Nos. 43 and 165, 1984; No. 67, 1985; Nos. 78 and 168, 1986; No. 146, 1988; No. 28, 1989; No. 32, 1989 (as am. by No. 107, 1993); Nos. 174 and 180, 1991; No. 105, 1992; Nos. 37 and 141, 1994; Nos. 104 and 105, 1998; No. 110, 2000

S. 10AA

ad. No. 105, 1998

S. 10A

ad. No. 165, 1984

am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998

S. 11

am. No. 141, 1994

S. 12

am. No. 216, 1973

S. 14

am. No. 154, 1980

S. 19

am. No. 216, 1973

Heading to s. 21

rs. No. 110, 2000

S. 21

am. No. 110, 2000

S. 22

am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 110, 2000

S. 25

am. No. 110, 2000

S. 26

am. No. 141, 1994

rep. No. 110, 2000

S. 27

am. No. 32, 1989 (as am. by No. 107, 1993); No. 141, 1994; No. 110, 2000

S. 28

am. No. 154, 1980; No. 141, 1994

S. 29

am. No. 154, 1980

S. 30A

ad. No. 149, 1994

S. 31

am. No. 154, 1980; No. 149, 1994; No. 110, 2000

S. 32

am. No. 141, 1994

S. 33

am. No. 154, 1980; No. 110, 2000

S. 34

am. No. 154, 1980

S. 35

am. No. 141, 1994; No. 104, 1998

S. 36

am. No. 110, 2000

S. 37

am. No. 174, 1991; No. 104, 1998

S. 38

am. No. 174, 1991; No. 141, 1994; No. 104, 1998

S. 39

am. No. 141, 1994

S. 39A

ad. No. 154, 1980

am. No. 110, 2000 (as am. by No. 63, 2002)

S. 39B

ad. No. 110, 2000

S. 40

am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993); No. 110, 2000

S. 42

am. No. 110, 2000

S. 43

am. No. 154, 1980; No. 100, 1998

S. 43A

ad. No. 43, 1984

rep. No. 105, 1999

ad. No. 110, 2000

S. 44

am. No. 154, 1980

S. 44A

ad. No. 174, 1991

am. No. 104, 1998

S. 44B

ad. No. 37, 1994

S. 44C

ad. No. 104, 1998

S. 44D

ad. No. 105, 1998

S. 46

am. No. 110, 2000

S. 47

am. No. 154, 1980; No. 80, 1983; No. 141, 1994; No. 110, 2000

S. 47AA

ad. No. 110, 2000

Heading to s. 47A

am. No. 104, 1998

S. 47A

ad. No. 78, 1986

am. Nos. 105 and 167, 1992; No. 104, 1998; No. 24, 2001

Div. 4A of Part III
(ss. 47B-47H)

ad. No. 105, 1999

S. 47AB

ad. No. 110, 2000

Ss. 47B-47D

ad. No. 105, 1999

am. No. 110, 2000

Ss. 47E-47H

ad. No. 105, 1999

Heading to Div. 5 of Part III

rs. No. 104, 1998

S. 48

rs. No. 154, 1980

S. 48A

ad. No. 165, 1984

Heading to s. 49

am. No. 110, 2000

S. 49

rs. No. 154, 1980

am. No. 165, 1984; No. 141, 1994; No. 110, 2000

Heading to s. 50

am. No. 110, 2000

S. 50

rs. No. 154, 1980

am. No. 165, 1984; No. 110, 2000

Heading to s. 51

am. No. 110, 2000

S. 51

am. No. 154, 1980; No. 141, 1994; No. 110, 2000

Heading to s. 51AA

am. No. 110, 2000

S. 51AA

ad. No. 32, 1989 (as am. by No. 107, 1993); No. 110, 2000

Heading to s. 51A

am. No. 110, 2000

S. 51A

ad. No. 154, 1980

am. No. 78, 1986; No. 141, 1994; No. 110, 2000

Heading to s. 52

am. No. 104, 1998

S. 52

am. No. 91, 1983; No. 110, 2000

S. 53

am. No. 154, 1980

Div. 5A of Part III
(ss. 53A-53C)

ad. No. 154, 1980
rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 53A

ad. No. 154, 1980

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 53B

ad. No. 154, 1980

am. No. 165, 1984

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 53C

ad. No. 154, 1980

am. No. 91, 1983

rep. No. 32, 1989 (as am. by No. 107, 1993)

Div. 5B of Part III (s. 53D)

ad. No. 154, 1980

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 53D

ad. No. 154, 1980

am. No. 165, 1984

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 54

am. No. 32, 1989 (as am. by No. 107, 1993)

S. 55

am. No. 154, 1980; No. 61, 1981; No. 32, 1989 (as am. by No. 107, 1993); No. 159, 2000

S. 56

am. No. 154, 1980

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 57

am. No. 154, 1980

S. 58

am. No. 154, 1980

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 59

am. No. 154, 1980; No. 141, 1994

Ss. 62, 63

am. No. 154, 1980

rep. No. 32, 1989 (as am. by No. 107, 1993)

Ss. 64, 65

am. No. 154, 1980

S. 68

am. No. 154, 1980

S. 69

am. No. 154, 1980

rep. No. 110, 2000

S. 70

am. No. 154, 1980; No. 80, 1983; No. 141, 1994

S. 71

rep. No. 32, 1989 (as am. by No. 107, 1993)

Heading to Div. 8 of Part III

am. No. 42, 1981

S. 74

am. No. 216, 1973; No. 42, 1981

rs. No. 32, 1989 (as am. by No. 107, 1993)

S. 75

am. No. 42, 1981

rs. No. 32, 1989 (as am. by No. 107, 1993)

S. 76

am. No. 42, 1981

S. 77

am. No. 154, 1980; No. 42, 1981

rs. No. 32, 1989 (as am. by No. 107, 1993)

Ss. 79-81

am. No. 154, 1980

S. 82

am. No. 154, 1980; No. 141, 1994

S. 83

am. No. 154, 1980

S. 85

am. No. 154, 1980; No. 149, 1994; No. 110, 2000

S. 86

am. No. 110, 2000

S. 87

am. No. 154, 1980; No. 110, 2000

S. 88

am. No. 110, 2000

S. 91

am. No. 160, 1977; Nos. 7 and 136, 1983; No. 78, 1986

rs. No. 146, 1988

am. No. 180, 1991; No. 167, 1992; No. 104, 1998

rs. No. 110, 2000

S. 91A

ad. No. 104, 1998

rep. No. 110, 2000

Ss. 92-96

am. No. 154, 1980

S. 99

am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 146, 1988; No. 180, 1991; No. 104, 1998

rs. No. 110, 2000

S. 100A

ad. No. 78, 1986

S. 101

am. No. 154, 1980; No. 110, 2000

S. 102

am. No. 174, 1991; Nos. 104 and 105, 1998

S. 103

am. No. 174, 1991; No. 141, 1994; No. 104 and 105, 1998

S. 103A

ad. No. 78, 1986

S. 103B

ad. No. 78, 1986

am. No. 110, 2000

S. 103C

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 104

rs. No. 154, 1980

am. No. 100, 1998

S. 104A

ad. No. 165, 1984

S. 104B

ad. No. 110, 2000

S. 105

am. No. 154, 1980

S. 107

am. No. 154, 1980; No. 80, 1983; No. 141, 1994; No. 110, 2000

S. 108

am. No. 154, 1980; No. 141, 1994

S. 109

am. No. 154, 1980; No. 141, 1994; No. 104, 1998

S. 110

am. No. 154, 1980

Heading to s. 110A

am. No. 110, 2000

S. 110A

ad. No. 78, 1986

am. No. 110, 2000

Heading to s. 110B

am. No. 110, 2000

S. 110B

ad. No. 78, 1986

am. No. 110, 2000

S. 110C

ad. No. 110, 2000

S. 111

am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993)

S. 111A

ad. No. 110, 2000

S. 112

rs. No. 154, 1980

am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998

S. 112A

ad. No. 174, 1991

am. No. 104, 1998

S. 112B

ad. No. 37, 1994

S. 112C

ad. No. 104, 1998

S. 112D

ad. No. 105, 1998

S. 112E

ad. No. 110, 2000

S. 113

am. No. 154, 1980

Heading to Part V

rs. No. 110, 2000

S. 115

am. No. 110, 2000

S. 116

am. No. 141, 1994; No. 104, 1998; No. 110, 2000

Div. 2A of Part V
(ss. 116A-116D)

ad. No. 110, 2000

Ss. 116A-116D

ad. No. 110, 2000

S. 119

am. No. 154, 1980; No. 141, 1994

S. 120

am. No. 154, 1980

Ss. 122-124

am. No. 154, 1980

S. 125

am. No. 154, 1980; No. 141, 1994

Heading to Div. 4 of Part V

rs. No. 78, 1986

S. 126

am. No. 141, 1994

S. 127

am. No. 154, 1980; No. 141, 1994

S. 128

am. No. 154, 1980

S. 129

am. No. 154, 1980; No. 141, 1994

S. 130A

ad. No. 105, 1998

S. 131

am. No. 154, 1980; No. 141, 1994

Heading to Div. 4A of Part V

rs. No. 23, 1987

Div. 4A of Part V
(ss. 131A, 131B)

ad. No. 19, 1979

S. 131A

ad. No. 19, 1979

S. 131B

ad. No. 19, 1979

am. No. 23, 1987

S. 131C

ad. No. 23, 1987

S. 132

am. No. 154, 1980; No. 43, 1984; No. 78, 1986; Nos. 104 and 105, 1998; No. 110, 2000

Heading to s. 133

rs. No. 105, 1998

S. 133

am. No. 154, 1980; No. 91, 1983; No. 78, 1986; Nos. 104 and 105, 1998; No. 110, 2000

S. 133A

ad. No. 43, 1984

am. No. 78, 1986; No. 105, 1998

S. 134

am. No. 104, 1998; No. 110, 2000

S. 134A

ad. No. 78, 1986

am. No. 149, 1994

Heading to Div. 7 of Part V

ad. No. 149, 1994

S. 134B

ad. No. 149, 1994

am. No. 104, 1998

S. 135

am. No. 216, 1973; No. 91, 1976; No. 19, 1979; No. 154, 1980; No. 80, 1982; No. 65, 1985; No. 32, 1989 (as am. by No.107, 1993); Nos. 141 and 149, 1994; Nos. 104 and 105, 1998

Ss. 135AA-135AK

ad. No. 149, 1994

am. No. 104, 1998

Part VAA
(ss. 135AL-135AN, 135ANA, 135AP-135AU)

ad. No. 110, 2000

Ss. 135AL-135AN

ad. No. 110, 2000

S. 135ANA

ad. No. 110, 2000

Ss. 135AP-135AU

ad. No. 110, 2000

Heading to Part VA

rs. No. 104, 1998; No. 110, 2000

Part VA
(ss. 135A-135Z, 135ZA)

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 135A

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Heading to s. 135B

am. No. 104, 1998

rs. No. 110, 2000

S. 135B

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135C

ad. No. 32, 1989 (as am. by No. 107, 1993)

rep. No. 104, 1998

S. 135D

ad. No. 32, 1989 (as am. by No. 107, 1993)

Heading to Div. 2 of Part VA

rs. No. 104, 1998; No. 110, 2000

Heading to s. 135E

am. No. 104, 1998

rs. No. 110, 2000

S. 135E

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Heading to s. 135F

rs. No. 110, 2000

S. 135F

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Ss. 135G, 135H

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135J

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135JA

ad. No. 110, 2000

S. 135K

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135KA

ad. No. 110, 2000

S. 135L

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135M

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 135N

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135O

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 135P

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Ss. 135Q-135T

ad. No. 32, 1989 (as am. by No. 107, 1993)

Ss. 135U-135W

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Ss. 135X, 135Y

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 135Z

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998

rs. No. 110, 2000

S. 135ZA

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Heading to Part VB

rs. No. 110, 2000

Part VB
(ss. 135ZB-135ZZ,
135ZZA-135ZZH)

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 135ZB

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135ZC

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998

S. 135ZD

ad. No. 32, 1989 (as am. by No. 107, 1993)

rep. No. 104, 1998

Ss. 135ZE, 135ZF

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 135ZFA

ad. No. 110, 2000

Heading to Div. 2 of Part VB

rs. No. 110, 2000

S. 135ZGA

ad. No. 110, 2000

Heading to s. 135ZG

rs. No. 110, 2000

S. 135ZG

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 110, 2000

S. 135ZH

ad. No. 32, 1989 (as am. by No. 107, 1993)

rs. No. 110, 2000

Heading to s. 135ZJ

rs. No. 110, 2000

S. 135ZJ

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 110, 2000

S. 135ZK

ad. No. 32, 1989 (as am. by No. 107, 1993)

rs. No. 110, 2000

Heading to s. 135ZL

rs. No. 110, 2000

S. 135ZL

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 110, 2000

Heading to s. 135ZM

rs. No. 110, 2000

S. 135ZM

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Div. 2A of Part VB
(ss. 135ZMA-135ZME)

ad. No. 110, 2000

Ss. 135ZMA-135ZME

ad. No. 110, 2000

Heading to Div. 3 of Part VB

rs. No. 104, 1998; No. 110, 2000

Heading to s. 135ZN

am. No. 104, 1998

S. 135ZN

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998

rs. No. 110, 2000

S. 135ZO

ad. No. 32, 1989 (as am. by No. 107, 1993)

Heading to s. 135ZP

am. No. 104, 1998; No. 110, 2000

S. 135ZP

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Heading to s. 135ZQ

am. No. 104, 1998; No. 110, 2000

S. 135ZQ

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Heading to Div. 4 of Part VB

rs. No. 104, 1998; No. 110, 2000

Heading to s. 135ZR

am. No. 104, 1998

S. 135ZR

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998

rs. No. 110, 2000

Heading to s. 135ZS

am. No. 104, 1998; No. 110, 2000

S. 135ZS

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Heading to s. 135ZT

am. No. 104, 1998

rs. No. 110, 2000

S. 135ZT

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135ZU

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 110, 2000

S. 135ZV

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998

S. 135ZW

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135ZWA

ad. No. 110, 2000

Heading to s. 135ZX

rs. No. 110, 2000

S. 135ZX

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 110, 2000

S. 135ZXA

ad. No. 110, 2000

S. 135ZY

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 110, 2000

S. 135ZZ

ad. No. 32, 1989 (as am. by No. 107, 1993)

Ss. 135ZZA, 135ZZB

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

Ss. 135ZZC-135ZZE

ad. No. 32, 1989 (as am. by No. 107, 1993)

Ss. 135ZZF, 135ZZG

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 135ZZH

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 110, 2000

Part VC
(ss. 135ZZJ-135ZZZ, 135ZZZA, 135ZZZB)

ad. No. 32, 1989 (as rep. by No. 107, 1993)

Part VC
(ss. 135ZZI, 135ZZJ, 135ZZJA, 135ZZK-135ZZZ, 135ZZZA-135ZZZE)

ad. No. 110, 2000

S. 135ZZI

ad. No. 110, 2000

S. 135ZZJ

ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000

S. 135ZZJA

ad. No. 110, 2000

Ss. 135ZZK-135ZZZ

ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000

Ss. 135ZZZA, 135ZZZB

ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000

Ss. 135ZZZC-135ZZZE

ad. No. 110, 2000

S. 136

am. No. 154, 1980; No. 26, 1982; No. 78, 1986; No. 104, 1998; No. 110, 2000

S. 138

am. No. 154, 1980

rs. No. 26, 1982

am. No. 104, 1998

S. 140

am. No. 216, 1973; No. 154, 1980

rs. No. 26, 1982

am. No. 141, 1994; No. 104, 1998

S. 141

am. No. 154, 1980; No. 26, 1982; No. 141, 1994; No. 104, 1998

S. 141A

ad. No. 104, 1998

S. 142

am. No. 26, 1982; No. 141, 1994

rs. No. 104, 1998

S. 143

rs. No. 26, 1982

am. No. 141, 1994

S. 144

am. No. 141, 1994

S. 144A

ad. No. 154, 1980

am. No. 141, 1994

S. 144B

ad. No. 154, 1980

am. No. 26, 1982; No. 141, 1994

S. 145

rs. No. 141, 1994

S. 146

am. No. 154, 1980; No. 26, 1982; No. 141, 1994; No. 104, 1998

S. 147

am. No. 154, 1980; No. 26, 1982

S. 148

am. No. 154, 1980

rep. No. 32, 1989 (as am. by No. 107, 1993)

Heading to Div. 3 of Part VI

rs. No. 104, 1998

S. 148

ad. No. 104, 1998

S. 149

am. No. 154, 1980

S. 149A

ad. No. 154, 1980

rs. No. 78, 1986

am. No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998

Ss. 150, 151

am. No. 154, 1980

S. 152

am. No. 216, 1973; No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 67, 1985; No. 78, 1986; No. 146, 1988; No. 180, 1991; No. 141, 1994; No. 104, 1998; No. 110, 2000

Ss. 152A, 152B

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 153

am. No. 154, 1980

Heading to s. 153A

am. No. 110, 2000

S. 153A

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 153B

ad. No. 32, 1989 (as am. by No. 107, 1993)

Ss. 153BA, 153BB

ad. No. 110, 2000

Heading to s. 153C

rs. No. 110, 2000

S. 153C

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998; No. 110, 2000

S. 153D

ad. No. 32, 1989 (as am. by No. 107, 1993)

S. 153DA

ad. No. 110, 2000

S. 153E

ad. No. 32, 1989 (as rep. by No. 107, 1993)

ad. No. 104, 1998

Ss. 153F-153H

ad. No. 104, 1998

Ss. 153J-153L

ad. No. 104, 1998

Ss. 153M, 153N

ad. No. 110, 2000

S. 154

am. No. 141, 1994

Ss. 155-159

am. No. 141, 1994; No. 154, 1980

Ss. 159A, 159B

ad. No. 154, 1980

am. No. 91, 1983

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 161

am. No. 19, 1979; No. 154, 1980; No. 104, 1998

S. 163A

ad. No. 154, 1980

am. No. 141, 1994

S. 166

am. No. 19, 1979; No. 154, 1980; No. 104, 1998

S. 167

am. No. 104, 1998

S. 169

am. No. 216, 1973

S. 170

am. No. 146, 1999

S. 171

am. No. 141, 1994

S. 172

am. No. 154, 1980; No. 141, 1994; No. 24, 2001

S. 173

am. No. 154, 1980; No. 141, 1994

S. 174

am. No. 154, 1980; No. 78, 1986; No. 104, 1998

Part VII

Heading to Div. 1
of Part VII

ad. No. 104, 1998

Ss. 180, 181

am. No. 154, 1980

S. 182A

ad. No. 154, 1980

am. No. 141, 1994

Div. 2 of Part VII
(ss. 182B, 182C)

ad. No. 104, 1998

Ss. 182B, 182C

ad. No. 104, 1998

S. 183

am. No. 19, 1979; No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993); No. 141, 1994; No. 110, 2000

Ss. 183A-183E

ad. No. 104, 1998

S. 184

am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 146, 1988; No. 32, 1989 (as am. by No. 107, 1993); No. 180, 1991; No. 104, 1998; No. 110, 2000

Ss. 185-188

am. No. 154, 1980

Part IX (ss. 189-195, 195AA)

rep. No. 159, 2000

Part IX
(ss. 189-195,
195AA-195AW, 195AWA, 195AWB, 195AX-195AZ, 195AZA-195AZO)

ad. No. 159, 2000

S. 189

rs. No. 159, 2000

am. No. 159, 2000

S. 190

rs. No. 159, 2000

Ss. 191, 192

am. No. 141, 1994

rs. No. 159, 2000

S. 193

rs. No. 159, 2000

S. 194

am. No. 154, 1980; No. 141, 1994

rs. No. 159, 2000

am. No. 159, 2000

S. 195

rs. No. 159, 2000

S. 195AA

ad. No. 32, 1989 (as am. by No. 107, 1993)

rs. No. 159, 2000

Ss. 195AB-195AC

ad. No. 159, 2000

S. 195AD-195AF

ad. No. 159, 2000

am. No. 159, 2000

Ss. 195AG-195AP

ad. No. 159, 2000

S. 195AQ

ad. No. 159, 2000

am. No. 159, 2000

Ss. 195AR-195AV

ad. No. 159, 2000

Ss. 195AVA, 195AVB

ad. No. 159, 2000

S. 195AW

ad. No. 159, 2000

Ss. 195AWA, 195AWB

ad. No. 159, 2000

Ss. 195AX-195AZ

ad. No. 159, 2000

Ss. 195AZA-195AZO

ad. No. 159, 2000

S. 195A

ad. No. 154, 1980

am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998

S. 195B

ad. No. 32, 1989 (as rep. by No. 107, 1993)

ad. No. 107, 1993

am. No. 149, 1994; No. 104, 1998

Ss. 197, 198

am. No. 141, 1994

S. 199

am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 146, 1988; No. 180, 1991; No. 141, 1994; No. 104, 1998; No. 110, 2000

S. 200

am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993)

Heading to s. 200AA

am. No. 104, 1998

S. 200AA

ad. No. 32, 1989 (as am. by No. 107, 1993)

am. No. 104, 1998

S. 200A

ad. No. 78, 1986

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 201

am. No. 216, 1973; No. 154, 1980; No. 141, 1994

S. 202

am. No. 216, 1973; No. 141, 1994; No. 104, 1998

S. 203A

ad. No. 154, 1980

am. No. 91, 1983; No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993)

Ss. 203B, 203C

ad. No. 154, 1980

am. No. 165, 1984; No. 78, 1986

rep. No. 32, 1989 (as am. by No. 107, 1993)

S. 203D

ad. No. 154, 1980

am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993)

S. 203E

ad. No. 154, 1980