made under the
Copyright Act 1968
This compilation was prepared on 1 January 2007 taking into account amendments up to SLI 2006 No. 328
Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
Page | ||
---|---|---|
Contents | ||
Part 1 | Preliminary | |
1 2 3 | Name of regulations [see Note 1] Commencement [see Note 1] Interpretation | 999 |
Part 2 | Copyright in original works | |
4B 4BA 4C | Notices to be displayed Destruction of records or copies — subsection 47AA (3) of the Act Sound broadcasts by holders of print disability radio licences | 111111 |
4D | Notice of communication — paragraph 49 (7A) (c) of the Act | 12 |
5 6 7 | Notice of intended publication of unpublished work kept in public library Countries in relation to which Division 6 of Part III of the Act applies Notice of intended making of record of musical work | 1213 14 |
8 | Payment of royalty by manufacturer of records of musical works | 16 |
9 10 11 12 | Payment of royalty by affixing adhesive labels Payment of royalty where owner of copyright fails to supply adhesive labels Deposit of moneys by manufacturer of records with owner of copyright in musical work Payment of royalty where owner of copyright cannot be found | 17181925 |
13 | Payment of royalties to certain overseas copyright owners | 27 |
14 | Certification of statements | 28 |
15 | Prescribed period in relation to making of records of musical works | 29 |
16 | Inquiries in relation to previous records of musical works | 29 |
17 | Circumstances in which design is taken to be applied industrially | 31 |
2 | Copyright Regulations 1969 |
Page
17A Notice requirements — paragraph 104B (b) of the Act 32 18 Prescribed period in relation to public performance of recordings first published outside Australia 32 19 Prescribed period in relation to broadcasts of recordings not published in Australia 32 20 Destruction of copies — subsection 110C (3) of the Act 32
20A Definitions for Part 3A 33 20B Industry code (Act s 116AB) 34 20C Designated representative 34 20D Requirements for notifications and notices issued
under this Part 35
20E Notification in relation to Category B activity 35
Division 3A.3 Conditions — copyright material found to be infringing by an Australian court
20F Notice in relation to Category C and D activities 36
Division 3A.4 Conditions — takedown of copyright material following notice from copyright owner
20G Application of Division 3A.4 36 20H Definitions for Division 3A.4 37 20I Notice of claimed infringement 37 20J Takedown procedure 37
20K Counter-notice 38 20L Copy of counter-notice to be sent to copyright owner 39 20M Restoring copyright material 39
Page
Division 3A.5 Conditions — procedure following takedown of copyright material other than following notice by copyright owner
20N Application of Division 3A.5 40 20P Notice to user 41 20Q Counter-notice 42 20R Restoring copyright material 42
Division 3A.6 Conditions — takedown of reference to copyright material following notice from copyright owner
20S Application of Division 3A.6 43 20T Notice of claimed infringement 43 20U Takedown procedure 43
20V Action taken to comply with a condition 44 20W Failure to restore or enable access to copyright material 44 20X Misrepresentations in notifications and notices 45
20Y Meaning of copyright material 46 20Z Prescribed acts 46
21 Restriction of importation into Australia of copyright material 47 22 Notice of seizure — specified period for beginning action for infringement of copyright 47 22A Notice of seizure — prescribed period for extension of retention period 47 23 Restriction of importation into Norfolk Island of printed copies of works 47
23A Definitions 51
Page
23B Marking of copies etc — paragraph 135K (1) (a) of the Act 51 23C Contents of record — paragraph 135K (1) (b) of the Act 52 23D Prescribed retention period — paragraph 135K (1)
23J Prescribed provisions — paragraph 135P (3) (d) of the Act 55
23JA Interpretation 58 23JB Prescribed message (Act s 135ZQ (3)) 58 23JC Marking of relevant reproductions — subsection
135ZQ (4) of the Act 58 23JD Prescribed message (Act s 135ZT (3)) 59 23JE Marking of copies — subsection 135ZT (4) of the
Act 59 23JF Marking of licensed copies etc — paragraph 135ZX (1) (a) of the Act 60 23JG Prescribed particulars — paragraph 135ZX (1) (b) of the Act 61 23JH Prescribed retention period — paragraph 135ZX
(1) (c) of the Act 63 23JJ Sending of copies of records — paragraph 135ZX
(1) (d) of the Act 63
23JK Prescribed manner of keeping records — paragraph 135ZX (2) (a) of the Act 63
Page
23JL Prescribed form — paragraph 135ZX (2) (b) of the Act 63 23JLA Notice requirements — paragraph 135ZXA (a) of the Act 63 23JM Prescribed provisions — paragraph 135ZZB (3) (d) of the Act 64
23K Identity cards — subsection 135ZZQ (1) of the Act 67 23L Rules of a collecting society — paragraph 135ZZT (3) (d) of the Act 67
Part 6A Infringement notices and forfeiture of infringing copies and devices
23M Purpose of Part 71 23N Definitions 72
23O Forfeiture of infringing articles and devices 73
23P When an infringement notice can be given 74 23Q Contents of infringement notice 75
Subdivision 6A.3.2 Penalties
23R Amount of penalty if infringement notice given 75 23S Extension of time to pay penalty 75 23T Payment of penalty by instalments 76 23U Time for payment of penalty 76 23V Effect of payment of penalty and forfeiture of
infringing articles and devices 77
Subdivision 6A.3.3 Withdrawal of infringement notices
23W Withdrawal of infringement notice by nominated person 78 23X Withdrawal of infringement notice by authorised officer 79 23Y Notice of withdrawal of infringement notices 79 23Z Refund of penalty 80
Page
Part 7 Miscellaneous
24 Effect of suspension of orders of Copyright Tribunal 81 25 Notification of use of copyright material for services of the Crown 81 25AA Other information and particulars for notices under section 195AT 83 25A Prescribed retention period for the purposes of Part X of the Act 85 25B Retention of declarations — subsection 203G (3) of the Act 85 26 International organizations to which the Act applies 85 27 Service of documents in Australia 86
Schedule 3 87
a holder of a print disability radio licence of the
whole or part of an article contained in a
periodical publication 89
a holder of a print disability radio licence of the
whole or part of a work not being an article
contained in a periodical publication 90
Schedule 4 91
Schedule 8 92
Schedule 9 94
Schedule 10 Forms for Part 3A 95 Part 1 Form of notification in relation to cached copyright
material 95 Part 2 Form of notice in relation to copyright material
found to be infringing by an Australian court 97 Part 3 Form of notice of claimed infringement by owner or
agent — copyright material 99 Part 4 Form of counter-notice in response to notice of
claimed infringement by owner or agent 101 Part 5 Form of counter-notice in response to takedown of
copyright material other than following notice by
owner or agent 104 Part 6 Form of notice of claimed infringement by owner or
agent — reference to copyright material 106
Page Schedule 10A Prescribed acts 108 Schedule 11 111 Schedule 11AA Record of the copying of a broadcast in reliance on Part VA of the Copyright Act 1968 112 Schedule 11AB 113 Schedule 11AC 114 Schedule 11A 115 Schedule 11B 117 Schedule 11C Form of infringement notice 118 Schedule 12 121
Notes 122
Regulation 3
1 Name of regulations [see Note 1]
These regulations are the Copyright Regulations 1969.
These regulations shall come into operation on the date fixed by Proclamation under section 2 of the Act.
(a) is also used in a section of the Act for the purposes of which, or of a provision of which, that regulation is made; and
Regulation 3
(b) has, in that section, a defined or other specified meaning; has the same meaning in that regulation.
Regulation 4C
4B Notices to be displayed
For the purposes of paragraph 39A (b) of the Act:
4BA Destruction of records or copies — subsection 47AA
(1) For the purposes of subparagraph 47A (1) (b) (iii) of the Act, the following particulars are prescribed:
Regulation 4D
such description of the page as will enable it to be identified.
For paragraph 49 (7A) (c) of the Act, a notice in the form set out in Schedule 4 must be communicated to the person.
For the purposes of paragraph (b) of subsection (1), and paragraph (b) of subsection (2), of section 52 of the Act, the prescribed notice of the intended publication of the new work is a notice given by advertisement published in the Gazette not earlier than three months, and not later than two months, before the date of the publication or subsequent publication, as the case may be, of the new work and:
(a) stating the name, and the address of the place of residence or business, of the person intending to publish the new
Regulation 6
work and the intention of that person to publish the new work;
(1) For the purposes of subparagraphs (iii) and (iv) of paragraph
Regulation 7
(2) For the purposes of the last preceding subregulation:
(a) the overseas Departments and Territories of France shall be deemed to form part of the territory of France;
(ba) the Netherlands Antilles shall be deemed to form part of the territory of the Netherlands;
Regulation 7
Regulation 8
Where sub-subparagraph 55 (1) (d) (ii) (B) of the Act applies, the prescribed royalty, within the meaning of section 55 of the Act, is to be paid in accordance with regulations 9 to 14, inclusive, of these regulations.
Regulation 9
Regulation 10
the royalty payable by the manufacturer to the owner of the copyright in respect of records of the work or works sold or supplied by the manufacturer during the period ascertained in accordance with subregulation (4) of this regulation may be paid as provided by this regulation.
(3) Before the expiration of twenty-eight days after the period ascertained in accordance with the next succeeding subregulation, the manufacturer shall:
(a) serve on the owner of the copyright a statement in writing specifying the number of records sold or supplied by the manufacturer during that period that include a musical work or musical works the copyright in which is owned by the owner (other than any records in respect of which royalties have already been paid to the owner otherwise than in pursuance of this regulation) and specifying, in relation to each such record:
(i) the title (if any) of the musical work or of each of the musical works and a description of the work or
Regulation 11
of each of the works that is sufficient to enable the work to be identified;
(ii) whether, in the performance of the musical work or musical works, words consisting or forming part of a literary or dramatic work in which copyright subsists are sung, or are spoken incidentally to or in association with the music;
(iii) whether the record also includes any musical works in which copyright does not subsist and, if so, the number of those works;
(b) pay to the owner of the copyright the amount of the royalties payable in respect of records sold or supplied by the manufacturer during that period.
(4) The period referred to in the last two preceding subregulations is the period commencing immediately after the date of service of the notice referred to in paragraph (a) of subregulation (2) of this regulation and ending at the expiration of three months after that date or at the time when the next succeeding regulation commences to apply as between the manufacturer and the owner of the copyright, whichever first happens.
Regulation 11
(iii) the last day of the period of six months immediately following such an anniversary.
(3) The manufacturer shall make a deposit with the owner of the copyright, with effect on and from the date of the deposit, or, if the manufacturer by notice in writing served on the owner at the time when the deposit is made specifies a later date, with effect on and from the date so specified, of such amount as is agreed between them or, in the absence of agreement, as is equal to the amount ascertained in accordance with the formula:
Regulation 11
A × B C
where: A is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year immediately
preceding the date on and from which the deposit has effect; and B is the number of whole months included in the first period
that is an accounting period in relation to the owner and the
manufacturer; and C is the number of whole months of the year that are included in the period of one year immediately preceding the date on and from which the deposit has effect and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.
(3A) The manufacturer must, subject to this regulation, maintain the amount, ascertained in accordance with the formula in subregulation (3), on deposit with the owner of the copyright.
(a) shall lodge amounts deposited with him by the manufacturer under this regulation in an account (in this regulation referred to as the account) in their joint names in a bank in Australia, being an account in which no other
Regulation 11
moneys are lodged and in which the amounts deposited bear interest;
Penalty: One hundred dollars.
(6) Before the expiration of the period of grace in relation to an accounting period, the manufacturer shall:
(a) serve on the owner of the copyright a statement in writing specifying the number of records sold or supplied by the manufacturer during that accounting period that include a musical work or musical works the copyright in which is owned by the owner (other than any records in respect of which royalties have already been paid to the owner otherwise than in pursuance of this regulation) and specifying, in relation to each such record:
(iii) whether the record also includes any musical works in which copyright does not subsist and, if so, the number of those works;
Regulation 11
(b) pay to the owner of the copyright the amount of the royalties payable in respect of records sold or supplied by the manufacturer during that accounting period.
A × B C
where: A is the total amount of the royalties paid or payable under the Act or the previous Act by the manufacturer to the owner in respect of records of musical works sold or supplied by the manufacturer during the period of one year (in this subregulation referred to as the relevant period) immediately preceding that day; and
Regulation 11
B is the number of whole months included in the last period that was an accounting period in relation to the owner and the manufacturer and ended on or before that day; and
C is the number of whole months of the year that are included in the relevant period and during which the manufacturer sold or supplied records of musical works in respect of which royalties were paid or payable under the Act or the previous Act by him or her to the owner.
Regulation 12
(1) If the owner of the copyright in a musical work or musical works cannot be found by reasonable inquiry by the manufacturer of records of that work or those works, payment in respect of those records of that work or those works of the prescribed royalty referred to in sub-subparagraph 55 (1) (d)
(i) royalties payable in respect of other records of the same work or works or of other works the copyright in which is owned by the owner;
Regulation 12
(ii) royalties payable in respect of other works the owner of the copyright in which cannot be found by reasonable inquiry; or
(iii) royalties in relation to which the next succeeding regulation applies;
(2) For the purposes of this regulation, an accounting period, in relation to the owner of the copyright in a musical work or musical works and the manufacturer, is:
Regulation 13
Regulation 14
(4) For the purposes of this regulation, an accounting period, in relation to the owner of the copyright in a musical work or musical works and the manufacturer, is:
(1) The correctness of a statement that is required to be served on the owner of the copyright in a musical work in pursuance of paragraph (a) of subregulation (3) of regulation 10, paragraph
Regulation 16
(2) A statement referred to in the last preceding subregulation that is served on the owner of the copyright shall be accompanied by the certificate given in relation to the statement in accordance with paragraph (a) of that subregulation and, if a certificate is required to be given in relation to the statement in accordance with paragraph (b) of that subregulation, shall also be accompanied by that last-mentioned certificate.
For the purpose of subsection (3) of section 55 of the Act, the prescribed period is one month.
Regulation 16
Regulation 17
instrument would be delivered in the ordinary course of post; and
(c) in the case of inquiries made by publication of such an instrument in the Gazette — ten days after the date of the Gazette in which the instrument is published.
design, is applied; are taken to constitute a single article.
(3) For the purposes of this regulation, a design is taken to be applied to an article if:
Regulation 17A
17A Notice requirements — paragraph 104B (b) of the Act
For paragraph 104B (b) of the Act:
18 Prescribed period in relation to public performance of recordings first published outside Australia
For the purposes of paragraph (b) of subsection (1) of section 108 of the Act, the prescribed period is seven weeks.
19 Prescribed period in relation to broadcasts of recordings not published in Australia
For the purposes of subsection (3) of section 109 of the Act, the prescribed period is seven weeks.
20 Destruction of copies — subsection 110C (3) of the Act
Regulation 20A
Part 3A Limitation on remedies available against carriage service providers Note Subsection 116AG (1) of the Act provides that a carriage service provider must satisfy the relevant conditions set out in Subdivision D ofDivision 2AA of Part V of the Act before the limitations on remedies in section 116AG of the Act apply.
20A Definitions for Part 3A
(1) In this Part: action has the same meaning as in Part V of the Act. agent, of an owner of the copyright in copyright material,
means a person authorised to act for the owner for the purpose
of Division 2AA of Part V of the Act and this Part. designated representative, for a carriage service provider, means the person designated under regulation 20C to receive notifications and notices under this Part for the carriage service provider.
owner, in relation to the copyright in copyright material,
includes an exclusive licensee of the copyright in the material. system or network, in relation to a carriage service provider, means a system or network controlled or operated by or for the carriage service provider.
user, in relation to copyright material stored on a carriage service provider’s system or network, means the person who directed the carriage service provider to store the copyright material on its system or network.
(2) A word or expression used in this Part and in Division 2AA of Part V of the Act has the same meaning in this Part as it has in that Division.
Regulation 20B
Note The following words and expressions are defined in Division 2AA of Part V of the Act — see section 116AB:
20B Industry code (Act s 116AB)
For subparagraph (a) (i) of the definition of industry code in section 116AB of the Act, the following requirements are prescribed in relation to an industry code to which condition 2 of item 1 of the table in subsection 116AH (1) of the Act applies:
(iii) are available on non-discriminatory terms; and
(iv) do not impose substantial costs on carriage service providers or substantial burdens on their systems or networks.
20C Designated representative
(a) the title of the position of the designated representative;
Regulation 20E
(b) sufficient information to allow a person to contact the designated representative, including:
(iii) if available, a telephone number or fax number, or both.
20D Requirements for notifications and notices issued under this Part
20E Notification in relation to Category B activity
(1) For condition 3 of item 3 of the table in subsection 116AH (1) of the Act, the form of notification set out in Part 1 of Schedule 10 is prescribed.
Regulation 20F
(2) The notification must be made by the owner, or an agent of the owner, of the copyright in cached copyright material on a carriage service provider’s system or network that has been removed, or to which access has been disabled, at the originating site.
20F Notice in relation to Category C and D activities
20G Application of Division 3A.4
For condition 3 of item 4 (Category C activities) of the table in subsection 116AH (1) of the Act, this Division prescribes the procedure to be followed in relation to copyright material residing on a carriage service provider’s system or network if:
Regulation 20J
20H Definitions for Division 3A.4
In this Division: counter-notice means a notice issued under regulation 20K. notice of claimed infringement means a notice issued under
regulation 20I. working day, in a place, means a day that is not:
20I Notice of claimed infringement
20J Takedown procedure
Regulation 20K
Note The carriage service provider need not take any further action in relation to the copyright material unless the carriage service provider receives a counter-notice from the user under regulation 20K.
(3) A carriage service provider is taken to have complied with subregulation (2) if:
20K Counter-notice
(1) If a user receives a copy of a notice of claimed infringement from a carriage service provider under regulation 20J, the user may issue a counter-notice to the carriage service provider’s designated representative disputing the claims set out in the notice.
Note If the user does not issue a counter-notice to the carriage service provider’s designated representative, the carriage service provider is not required to take any further action in relation to the notice of claimedinfringement.
(2) A counter-notice must:
Regulation 20M
20L Copy of counter-notice to be sent to copyright owner
20M Restoring copyright material
(1) A carriage service provider must comply with this regulation if:
Regulation 20N
copyright material has been discontinued or was unsuccessful.
(2) The carriage service provider must restore, or enable access to, the copyright material on its system or network:
Note The carriage service provider is not required to have regard to a notification from the copyright owner or agent of a kind mentioned insubparagraph (1) (b) (i) if it is received more than 10 working days after the documents were sent to the owner or agent under regulation 20L.
20N Application of Division 3A.5
(1) For condition 3 of item 4 (Category C activities) of the table in subsection 116AH (1) of the Act and subject to subregulation (2), this Division prescribes the procedure to be followed in relation to copyright material residing on a carriage service provider’s system or network if the carriage service provider:
Note The carriage service provider must act expeditiously to remove or disable access to copyright material residing on its system or network if the carriage service provider becomes aware of a matter mentioned in paragraph (1) (a) or (b) in relation to the material — see condition 2A of item 4 of the table in subsection 116AH (1) of the Act.
Regulation 20P
(2) This Division does not apply if the carriage service provider becomes aware of a matter mentioned in paragraph (1) (a) or
(b) in relation to copyright material residing on the carriage service provider’s system or network as a result of receiving a notice of claimed infringement under Division 3A.4, or any other notification, from the owner, or an agent of the owner, of the copyright in the material.
Note The procedure prescribed in Division 3A.4 applies if the carriage service provider receives a notice of claimed infringement in relation to the copyright material from the owner, or an agent of the owner, of the copyright in the material.
20P Notice to user
Regulation 20Q
20Q Counter-notice
(1) If a user receives a notice from a carriage service provider under regulation 20P, the user may issue a counter-notice to the carriage service provider’s designated representative disputing the grounds for removing, or disabling access to, the copyright material and requesting the carriage service provider to restore, or enable access to, the copyright material on the carriage service provider’s system or network.
Note If the user does not issue a counter-notice to the carriage service provider’s designated representative, the carriage service provider is not required to take any further action in relation to the copyright material.
(2) A counter-notice must:
20R Restoring copyright material
If:
Regulation 20U
20S Application of Division 3A.6
For condition 3 of item 5 (Category D activities) of the table in subsection 116AH (1) of the Act, this Division prescribes the procedure to be followed in relation to a reference to copyright material that is provided by a carriage service provider on its system or network if:
20T Notice of claimed infringement
20U Takedown procedure
If a carriage service provider receives a notice of claimed infringement under regulation 20T, the carriage service provider must expeditiously remove, or disable access to, the reference to the copyright material specified in the notice and provided by the carriage service provider on its system or network.
Regulation 20V
20V Action taken to comply with a condition
A carriage service provider is not liable for damages or any other civil remedy as a result of action taken in good faith by the carriage service provider to comply with any of the following conditions:
Note See also Divisions 3A.2, 3A.3, 3A.4, 3A.5 and 3A.6 of this Part in relation to these conditions.
20W Failure to restore or enable access to copyright material
Regulation 20X
20X Misrepresentations in notifications and notices
Regulation 20Y
Part 3B Technological protection measures
20Y Meaning of copyright material
In this Part: copyright material means a work or other subject-matter in which copyright subsists.
20Z Prescribed acts
For paragraphs 116AN (9) (c) and 132APC (9) (c) of the Act, the doing of the acts mentioned in Schedule 10A is prescribed.
Regulation 23
Part 4 Remedies for infringements of copyright
21 Restriction of importation into Australia of copyright material
22 Notice of seizure — specified period for beginning action for infringement of copyright
For subparagraph 135AC (2) (c) (i) of the Act, the specified period is 10 working days.
22A Notice of seizure — prescribed period for extension of retention period
For the purposes of subsection 135AC (6) of the Act, the prescribed period is 10 working days after the end of the retention period mentioned in the subsection.
23 Restriction of importation into Norfolk Island of printed copies of works
(1) In this regulation:
Regulation 23
Regulation 23
(c) by way of trade exhibiting the copies in public; is prohibited and any such copies, if imported into the Territory
for any such purpose, may, subject to this regulation, be seized as forfeited to the Administration of the Territory.
Regulation 23
(12) Where a person who gave a notice under subregulation (2) of this regulation has failed to comply with any requirement by the Collector under this regulation or has failed to indemnify the Collector against a liability or expense as provided by the last preceding subregulation, the Collector may direct that copies imported into the Territory of a work to which the notice relates are not to be seized as forfeited.
Regulation 23B
Part 5 Copying and communication of broadcasts by educational and other institutions
23A Definitions
For this Part, administering body, collecting society, institution, relevant right holder and rules have the same meaning as in Part VA of the Act.
23B Marking of copies etc — paragraph 135K (1) (a) of the Act
(1) For the purposes of paragraph 135K (1) (a) of the Act, the administering body must mark, or cause to be marked, each copy, or any container in which such copy is kept, in the following way, namely, by specifying, in relation to the copy, or, where a container is marked, in relation to each copy contained in the container:
Regulation 23C
(2) In this regulation, relevant identifying number, in relation to each copy made by, or on behalf of, an administering body for an institution, means the number or other reference code used by the body that will enable the collecting society conveniently to:
23C Contents of record — paragraph 135K (1) (b) of the Act
For paragraph 135K (1) (b) of the Act, a record must contain the following particulars:
Regulation 23F
23D Prescribed retention period — paragraph 135K (1) (c) of the Act
For the purposes of paragraph 135K (1) (c) of the Act, a retention period of 2 years is prescribed.
23E Sending of copies of records — paragraph 135K (1)
(d) of the Act
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.
23F Prescribed manner of keeping records — paragraph 135K (2) (a) of the Act
For the purposes of paragraph 135K (2) (a) of the Act, a record of the copying of a broadcast may be kept in any manner that permits the information in the record to be elicited by the use of a computer.
Regulation 23G
23G Form of record — paragraph 135K (2) (b) of the Act
For paragraph 135K (2) (b) of the Act, the prescribed form:
23H Marking of copies etc — subsection 135K (3) of the Act
For the purposes of subsection 135K (3) of the Act, the administering body must mark, or cause to be marked, each copy, or any container in which such copy is kept, in the following way, namely, by specifying, in relation to the copy, or, where a container is marked, in relation to each copy contained in the container:
23HA Prescribed circumstances — section 135KA of the Act
An administering body is not required to comply with the requirements of section 135KA of the Act in respect of the communication of copies of broadcasts in either of the following circumstances:
(a) if the communication is made within the premises of an educational institution administered by the body in such a manner that persons receiving or accessing the communication cannot, by any means provided by the educational institution:
Regulation 23J
(b) in other circumstances agreed between the body and the collecting society.
23HB Notice requirements — paragraph 135KA (a) of the Act
A notice under paragraph 135KA (a) of the Act must be in the form set out in Schedule 11AC.
23J Prescribed provisions — paragraph 135P (3) (d) of the Act
(1) For the purposes of paragraph 135P (3) (d) of the Act, in relation to the rules of the collecting society, the following provisions are prescribed, namely:
(i) is determined in accordance with the rules; and
Regulation 23J Regulation 23J
(ii) | includes criteria for allocation that are specified in the rules; and | |||
---|---|---|---|---|
(iii) | provides for the allocation of potential shares in the distributable amount to qualified persons; | |||
(g) | that, in relation to each potential share in the distributable amount allocated in accordance with the scheme of the | |||
collecting society, an amount representing that potential share: | ||||
(i) | where the qualified person to whom that share was allocated is, at the time of the allocation, a member | |||
of the society — be distributed, as soon as is reasonably possible after the allocation, to that qualified person; or | ||||
(ii) | where the qualified person to whom that share was allocated is not, at the time of the allocation, a | |||
member of the society: | ||||
(A) | be paid, as soon as is reasonably possible after the allocation, into a trust fund operated by the society for purposes referred to in paragraph (h); and | |||
(B) | subject to sub-subparagraph (C), be held in that fund in accordance with the rules of the | |||
society; and | ||||
(C) | if the qualified person, or that person’s agent, becomes a member while the amount | |||
representing that person’s potential share is held in the trust fund — be distributed to that | ||||
person or that person’s agent, whichever first becomes the member, as soon as is | ||||
reasonably possible after that person, or that person’s agent, as the case may be, becomes a member; | ||||
(h) | that a trust fund be operated by the collecting society for purposes that include the holding on trust for any relevant right holder who is not a member of the society, and whose agent is not a member, of any potential share allocated to that holder in accordance with the scheme; | |||
(i) | that any part of a distributable amount, being a part that, in relation to an accounting period, cannot for any reason be | |||
56 | Copyright Regulations 1969 |
allocated or distributed, be held on trust in the trust fund referred to in paragraph (h) until distribution becomes possible or until the end of a specified period of not less than 4 years, whichever happens first;
(j) that a member of the collecting society, including a member who is a relevant right holder or the agent of a relevant right holder, be entitled to reasonable access to the records of the society.
(2) In this regulation: distributable amount, in relation to an accounting period of the
collecting society, means the amount of equitable remuneration received by the society that is:
rules of the society, to the next accounting period.
equitable remuneration means the equitable remuneration
payable by administering bodies under section 135H or 135J of
the Act.
potential share, in relation to a distributable amount, means a share in that amount in relation to which share the distribution of an amount representing that share will take place in the circumstances referred to in subparagraph (1) (g) (i) or (ii).
qualified person, in relation to a collecting society, means:
Regulation 23JA
Part 5A Reproduction and communication of works etc by educational and other institutions
23JA Interpretation
For this Part, administering body, collecting society, eligibleitem, institution, licensed copy, relevant collecting society, relevant copyright owner, remuneration notice and rules have the same meaning respectively as in Part VB of the Act.
23JB Prescribed message (Act s 135ZQ (3))
For subsection 135ZQ (3) of the Act, the prescribed message is:
23JC Marking of relevant reproductions — subsection 135ZQ (4) of the Act
For subsection 135ZQ (4) of the Act, the administering body must mark, or cause to be marked, each relevant reproduction in hardcopy form in the following way, namely, by specifying on the reproduction:
(a) where particulars have been agreed upon between the administering body and the collecting society — those particulars; and
Regulation 23JE
(b) in any other case:
(iii) the day on which the reproduction was made.
23JD Prescribed message (Act s 135ZT (3))
For subsection 135ZT (3) of the Act, the prescribed message is:
23JE Marking of copies — subsection 135ZT (4) of the Act
For subsection 135ZT (4) of the Act, the administering body must mark, or cause to be marked, each copy, in hardcopy or analog form, in the following way, namely, by specifying on the copy:
(iii) the day on which the copy was made.
Regulation 23JF
23JF Marking of licensed copies etc — paragraph 135ZX
(1) (a) of the Act
Regulation 23JG
23JG Prescribed particulars — paragraph 135ZX (1) (b) of the Act
(1) For paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy, in hardcopy form or analog form, of the whole or a part of an article contained in a periodical publication:
a reference to that form.
(2) For paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy, in hardcopy form or analog form, of the whole or a part of a work, not being an article contained in a periodical publication:
Regulation 23JG
a reference to that form.
(3) For paragraph 135ZX (1) (b) of the Act, the following particulars are prescribed in relation to the making of a licensed copy, in hardcopy form or analog form, of an eligible item, being a published sound recording or cinematograph film:
Regulation 23JLA
(f) the form in which the copies were made, being a record embodying a sound recording or a copy of a cinematograph film.
23JH Prescribed retention period — paragraph 135ZX (1)
(c) of the Act
For paragraph 135ZX (1) (c) of the Act, a retention period of 2 years is prescribed.
23JJ Sending of copies of records — paragraph 135ZX
(1) (d) of the Act
Copies of all records that relate to the making of licensed copies, in hardcopy form or analog form, carried out by, or on behalf of, the administering body during a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year (being copies that are to be sent to the collecting society under paragraph 135ZX (1) (d) of the Act) must be sent by registered or certified mail, or otherwise as agreed between the administering body and the collecting society, not later than 21 days after the end of that 3 month period.
23JK Prescribed manner of keeping records — paragraph 135ZX (2) (a) of the Act
For paragraph 135ZX (2) (a) of the Act, a record of the making of a licensed copy, in hardcopy form or analog form, may be kept in any manner that permits the information in the record to be elicited by the use of a computer.
23JL Prescribed form — paragraph 135ZX (2) (b) of the Act
For paragraph 135ZX (2) (b) of the Act, the form in Schedule 11A is prescribed.
23JLA Notice requirements — paragraph 135ZXA (a) of the Act
A notice under paragraph 135ZXA (a) of the Act must be in the form set out in Schedule 11B.
Regulation 23JM
23JM Prescribed provisions — paragraph 135ZZB (3) (d) of the Act
(1) For paragraph 135ZZB (3) (d) of the Act, in relation to the rules of a collecting society that is declared, under subsection 135ZZB (1) of the Act, to be the collecting society for all relevant copyright owners, or for such classes of relevant copyright owners as are specified in the notice referred to in subsection 135ZZB (1), the following provisions are prescribed, namely:
(iii) provides for the allocation of potential shares in the distributable amount to qualified persons;
Regulation 23JM
Regulation 23JM
(j) that a member of the collecting society, including a member who is a relevant copyright owner or the agent of a relevant copyright owner, be entitled to reasonable access to the records of the society.
(2) In this regulation: distributable amount, in relation to an accounting period of the
collecting society, means the amount of equitable remuneration received by the society that is:
rules of the society, to the next accounting period.
equitable remuneration means the equitable remuneration
payable by administrative bodies under section 135ZV or
135ZW of the Act.
potential share in relation to a distributable amount, means a share in that amount in relation to which share the distribution of an amount representing that share will take place in the circumstances referred to in subparagraph (1) (g) (i) or (ii).
qualified person, in relation to a collecting society, means:
Regulation 23L
Part 6 Retransmission of free-to-air broadcasts
23K Identity cards — subsection 135ZZQ (1) of the Act
(1) (a) (v) must be no later than 3 years after the day on which the identity card is issued.
23L Rules of a collecting society — paragraph 135ZZT (3)
(d) of the Act
(1) For paragraph 135ZZT (3) (d) of the Act, the rules of a collecting society must contain the following provisions:
Regulation 23L
(c) | that the collecting society must exercise reasonable diligence in the collection of amounts of equitable remuneration, having regard to the expenses likely to be incurred in the collection of such amounts; | |||
---|---|---|---|---|
(d) | that the total amount of any gifts for cultural or benevolent purposes made by the collecting society in respect of any accounting period must not exceed such percentage of the total amount of equitable remuneration received by the society for that accounting period as is specified in the rules; | |||
(e) | that the administrative costs and other outgoings of the collecting society paid by the society out of the amounts of equitable remuneration collected by it must be reasonable; | |||
(f) | that the distributable amount, in respect of each accounting period of the collecting society, must be allocated in accordance with a scheme of allocation (the scheme) that: | |||
(i) | is determined in accordance with the rules; and | |||
(ii) | includes criteria for allocation that are specified in the rules; and | |||
(iii) | provides for the allocation of potential shares in the distributable amount to qualified persons; | |||
(g) | that, in relation to each potential share in the distributable amount allocated to a qualified person in accordance with the scheme of the collecting society, an amount representing the share: | |||
(i) | if the qualified person is, at the time of allocation, a member of the society — must be paid, as soon as is reasonably possible after the allocation, to the qualified person; or | |||
(ii) | if the qualified person is not, at the time of allocation, a member of the society: | |||
(A) | must be paid, as soon as is reasonably possible after the allocation, into a trust fund operated by the society for purposes referred to in paragraph (h); and | |||
(B) | subject to sub-subparagraph (C), must be held in that fund in accordance with the rules | |||
of the society; and | ||||
68 | Copyright Regulations 1969 |
Regulation 23L
(C) if the qualified person becomes a member while the amount is held in the trust fund — must be distributed to the person as soon as is reasonably possible after he or she becomes a member;
(2) In this regulation: distributable amount, in relation to an accounting period of the
collecting society, means the amount of equitable remuneration received by the society that is:
after the payment or reservation, out of that amount, of the non-distributable amount. equitable remuneration means the equitable remuneration
payable by retransmitters under section 135ZZM of the Act. non-distributable amount, in relation to an accounting period, means:
(a) amounts attributable to that period that are paid or held, in accordance with the rules of the society, for:
Regulation 23L
Regulation 23M
Part 6A Infringement notices and forfeiture of infringing copies and devices
Division 6A.1 Preliminary
23M Purpose of Part
(a) require an infringement notice to be given to a person for the alleged commission of an offence; or
Regulation 23N
23N Definitions
In this Part: authorised officer means:
State or Territory. infringement notice means an infringement notice under regulation 23P.
infringement notice offence means an offence of strict liability under:
other subject-matter and that is alleged to have been involved in the commission of the offence. infringing device, in relation to an offence of strict liability
against a provision of Division 5 of Part V of the Act (except subsections 132AQ (5), 132AR (5) and 132AS (5)), means a device that is alleged to have been made to be used for making an infringing copy of a work or other subject-matter and that is alleged to have been involved in the commission of the offence.
Regulation 23O
nominated person, in relation to an infringement notice, means
the person specified in the notice as the nominated person. recipient, in relation to an infringement notice, means the person to whom the notice is given under subregulation 23P (1).
Division 6A.2 Forfeiture of infringing articles and devices
23O Forfeiture of infringing articles and devices
Regulation 23P
(4) If the person pays the penalty specified in an infringement notice for the alleged offence, the nominated person must cause all infringing articles and devices in relation to the alleged offence that the person agreed to forfeit, and did forfeit, to the Commonwealth to be destroyed.
Note An infringement notice relating to an offence against a provision of Division 5 of Part V of the Act (except subsections 132AQ (5), 132AR (5) and 132AS (5)) may not be given if the recipient does not agree to forfeit to the Commonwealth all infringing articles and devices in the person’s possession at that time and place in relation to the alleged offence — see regulation 23P.
Division 6A.3 Infringement notices
Subdivision 6A.3.1 Contents of infringement notices
23P When an infringement notice can be given
(1) If:
the authorised officer may give to the person an infringement notice relating to the alleged offence.
(2) An infringement notice relating to an alleged offence must be given within 12 months after the day on which the offence is alleged to have been committed.
Regulation 23S
(3) If an infringement notice given to a person in relation to the alleged commission of a particular offence is withdrawn, an authorised officer may give the person a new infringement notice in relation to that alleged commission.
Example for subregulation (3)
An infringement notice given to a person in relation to the alleged commission of a particular offence may be withdrawn and a new infringement notice given to the person in relation to that alleged commission if the original infringement notice contained an error.
23Q Contents of infringement notice
An infringement notice:
Subdivision 6A.3.2 Penalties
23R Amount of penalty if infringement notice given
The penalty payable under an infringement notice for the alleged commission of an infringement notice offence is:
23S Extension of time to pay penalty
Regulation 23T
(3) Within 14 days after receiving the application, the nominated person must:
23T Payment of penalty by instalments
23U Time for payment of penalty
The penalty stated in an infringement notice must be paid:
Regulation 23V
23V Effect of payment of penalty and forfeiture of infringing articles and devices
Regulation 23W
(d) the recipient agrees to forfeit, and has forfeited, to the Commonwealth all infringing articles and devices that the recipient possessed in relation to the alleged offence at the time and place at which the infringement notice was given.
(3) The effects are:
Subdivision 6A.3.3 Withdrawal of infringement notices
23W Withdrawal of infringement notice by nominated person
(a) whether the recipient has been previously convicted of an offence against the Act; or
Regulation 23Y
Note Under section 27A of the Administrative Appeals Tribunal Act 1975, the decision-maker must give to any person whose interests are affected by the decision notice, in writing or otherwise, of the making of the decisionand the person’s right to have the decision reviewed.
23X Withdrawal of infringement notice by authorised officer
23Y Notice of withdrawal of infringement notices
A notice withdrawing an infringement notice:
(a) must include the following information:
(iii) the infringement notice’s unique identification code; and
Regulation 23Z
(b) must state that the notice is withdrawn.
23Z Refund of penalty
If an infringement notice is withdrawn after the penalty stated in it has been paid, the Commonwealth must refund the amount of the penalty to the person who paid it.
Regulation 25
Part 7 Miscellaneous
24 Effect of suspension of orders of Copyright Tribunal
Where an order of the Copyright Tribunal is suspended:
25 Notification of use of copyright material for services of the Crown
(a) knows the name of the owner of the copyright or, where a copyright owner has authorized an agent to deal on behalf of the copyright owner with the copyright in the work, or other subject-matter, that is the subject of the notice, of that owner or agent; and
Regulation 25
(b) knows an address outside Australia of a place of residence or business, but no address for service in Australia, of that owner, or that owner or agent as the case requires;
the notice shall be given by service of the notice by post on that owner, or on that owner or agent, as the case requires, at that address outside Australia.
Regulation 25AA
25AA Other information and particulars for notices under section 195AT
(1) For paragraph 195AT (2A) (c) of the Act, the following information and particulars are prescribed for inclusion in a notice to an author in relation to an artistic work that is affixed to or forms part of a building:
Regulation 25AA
Regulation 26
(4) In this regulation, author includes a person representing the author.
25A Prescribed retention period for the purposes of Part X of the Act
The prescribed retention period for the purposes of Part X of the Act in relation to a copy of the whole or a part of a work is a period of 4 years after the making of that copy in reliance on section 49, 50, 51A or 110B, as the case requires, of the Act.
25B Retention of declarations — subsection 203G (3) of the Act
For subsection 203G (3) of the Act, the retention period for a declaration under subsection 116A (3) or 132 (5F) of the Act is 6 years from the day on which the declaration is made.
International organizations to which the Act applies
The organizations specified in Schedule 12 to these Regulations are declared to be international organizations to which the Act applies.
Regulation 27
Service of documents in Australia
Schedule 3
(regulations 4B and 17A)
PRESCRIBED FORM OF NOTICE FOR SECTIONS 39A AND
104B OF THE COPYRIGHT ACT 1968,
IN RELATION TO THE REPRODUCTION OF WORKS
AND THE COPYING OF PUBLISHED EDITIONS
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Certain dealings with copyright will not constitute an infringement, including:
It is a fair dealing to make a reproduction for the purposes of research or study, of one or more articles on the same subject in a periodical publication, or, in the case of any other work, of a reasonable portion of a work.
In the case of a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion.
In the case of a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work.
More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40 (2) of the Act.
A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.
Record of making of broadcast by or on behalf of a holder of a print Schedule 3A disability radio licence of the whole or part of an article contained in
a periodical publication
Schedule 3A Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of an article contained in a periodical publication
(paragraph 4C (3) (a))
Item Matter Particulars
1 The time and date of the making of the broadcast
2 If the International Standard Serial Number in respect of the periodical publication is recorded in the periodical publication — that number
3 If the International Standard Serial Number in respect of the publication is not so recorded — the name of the periodical publication
4 The title or description of the article
5 The name of the author of the article (if that name is known)
6 The volume, or volume and number, as the case requires, of the periodical publication containing the article
7 The page numbers of the pages in that volume, or in that number of that volume, that have been broadcast, or, in a case where a page so broadcast does not bear a page number, such description of the page as will enable it to be identified
�
Schedule 3B Record of making of broadcast by or on behalf of a holder of a print disability radio licence of the whole or part of a work not being an article contained in a periodical publication
(paragraph 4C (3) (b))
Item Matter Particulars
1 The time and date of the making of the broadcast
2 If the International Standard Book Number in respect of the work is recorded in the edition of the work copied — that number
3 If the International Standard Book Number in respect of the work is not so recorded —
4 The page numbers of the pages in the edition of the work that have been broadcast or, in a case where a page so broadcast does not bear a page number, such description of the page as will enable it to be identified
Schedule 4
(regulation 4D)
FORM OF NOTICE FOR PARAGRAPH 49 (7A) (c) OF THE COPYRIGHT ACT 1968
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been provided to you pursuant to section 49 of the Copyright Act 1968 (the Act) for the purposes of research or study. The contents of the material may be subject to copyright protection under the Act.
Further dealings by you with this material may be a copyright infringement. To determine whether such a communication would be an infringement, it is necessary to have regard to the criteria set out in Part 3, Division 3 of the Act.
Schedule 8
(regulation 6)
COUNTRIES IN RELATION TO WHICH DIVISION 6 OF PART III
OF THE ACT APPLIES | |||||||
---|---|---|---|---|---|---|---|
Algeria | Ghana | Nigeria | |||||
Andorra | Greece | Norway | |||||
Argentina | Guatemala | Pakistan | |||||
Austria | Guinea | Panama | |||||
Bahamas | Guinea-Bissau | Paraguay | |||||
Bangladesh | Haiti | Peru | |||||
Barbados | Holy See | Philippines | |||||
Belgium | Honduras | Poland | |||||
Belize | Hungary | Portugal | |||||
Benin | Iceland | Romania | |||||
Bolivia | India | Rwanda | |||||
Brazil | Ireland | Saint Vincent and the | |||||
Bulgaria | Israel | Grenadines | |||||
Burkina Faso | Italy | Senegal | |||||
Cambodia | Japan | Singapore | |||||
Cameroon, Republic of | Kenya | South Africa | |||||
Canada | Korea, Republic of | Spain | |||||
Central African | Lao People’s | Sri Lanka | |||||
Republic | Democratic | Suriname | |||||
Chad | Republic | Sweden | |||||
Chile | Lebanon | Switzerland | |||||
Colombia | Lesotho, Kingdom of | Thailand | |||||
Congo | Liberia | The Russian Federation | |||||
Costa Rica | Libyan Arab | The United Kingdom | |||||
Côte d’Ivoire | Jamahiriya | Togo | |||||
Cuba | Liechtenstein | Trinidad and Tobago | |||||
Cyprus | Luxembourg | Tunisia | |||||
Czech and Slovak | Madagascar | Turkey | |||||
Federal Republic | Malawi | United States of | |||||
Denmark | Malaysia | America | |||||
Dominican Republic | Mali | Uruguay |
Ecuador | Malta | Venezuela |
Egypt, Arab Republic | Mauritania | Yugoslavia |
of | Mauritius | Zaire |
El Salvador | Mexico | Zambia |
Fiji | Monaco | Zimbabwe |
Finland | Morocco | |
France | Netherlands | |
Gabon | New Zealand | |
Germany, Federal | Nicaragua | |
Republic of | Niger |
Schedule 9
(regulation 17A)
PRESCRIBED FORM OF NOTICE FOR SECTION 104B OF THE COPYRIGHT ACT 1968 IN RELATION TO THE COPYING OF AUDIO-VISUAL ITEMS
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
Copyright owners are entitled to take legal action against persons who infringe their copyright. Unless otherwise permitted by the Copyright Act 1968 (the Act), unauthorised use of audio-visual items in which copyright subsists may infringe copyright in that item.
It is not an infringement of copyright in an audio-visual item to use that item in a manner that is a fair dealing under section 103C of the Act.
Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio-visual item is a fair dealing.
A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.
Schedule 10 Forms for Part 3A
(regulations 20E, 20F, 20I, 20K, 20Q and 20T)
Part 1 Form of notification in relation to cached copyright material
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
NOTIFICATION THAT CACHED COPYRIGHT MATERIAL HAS BEEN REMOVED OR ACCESS HAS BEEN DISABLED AT THE ORIGINATING SITE
TO [name of carriage service provider]
NAME OF *OWNER/*AGENT OF OWNER: ADDRESS: TELEPHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS:
[signature] *Owner/*Agent of owner
SCHEDULE
DESCRIPTION OF CACHED COPYRIGHT MATERIAL: [insert sufficient information to enable the carriage service provider to identify the cached copyright material that has been removed, or to which access has been disabled, at the originating site]
INFORMATION ABOUT THE ORIGINATING SITE: [insert sufficient information to enable the carriage service provider to identify the originating site from which the cached copyright material has been removed or at which access has been disabled]
DESCRIPTION OF CACHED COPYRIGHT MATERIAL ON CARRIAGE SERVICE PROVIDER’S SYSTEM OR NETWORK: [insert sufficient information to enable the carriage service provider to identify the cached copyright material on its system or network that is to be removed, or to which access is to be disabled]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.
Note 2 If this notification is issued by electronic communication, the requirement tosign the notification is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notification — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this notification knowing that it is false or misleading in a material particular — see section 137.2 of the Criminal Code.
Part 2 Form of notice in relation to copyright material found to be infringing by an Australian court
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
NOTICE RELATING TO COPYRIGHT MATERIAL THAT HAS BEEN FOUND TO BE INFRINGING BY AN AUSTRALIAN COURT
TO [name of carriage service provider]
1. I, the person whose name is stated below, issue this notice for the
purposes of: *condition 2 of item 4 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20F of the Copyright Regulations 1969.
OR *condition 2 of item 5 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20F of the Copyright Regulations 1969.
2. I am the *owner/*agent of the owner of the copyright in the copyright material specified in the Schedule (the specified copyright material), being:
*copyright material residing on your system or network. OR *copyright material to which you have provided a reference on your
system or network.
Schedule 10 Forms for Part 3A
Part 2 Form of notice in relation to copyright material found to be infringing by an Australian court
NAME OF *OWNER/*AGENT OF OWNER:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
[signature] *Owner/*Agent of owner
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information to enable the carriage service provider to identify the copyright material that has been found to be infringing by an Australian court]
LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE SERVICE PROVIDER’S SYSTEM OR NETWORK OR REFERENCE TO COPYRIGHT MATERIAL PROVIDED BY CARRIAGE SERVICE PROVIDER ON ITS SYSTEM OR NETWORK: [insert sufficient information to enable the carriage service provider to locate on its system or network the copyright material that has been found to be infringing by an Australian court, or the reference provided by the carriage service provider on its system or network to copyright material that has been found to be infringing by an Australian court]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.
Note 2 If this notice is issued by electronic communication, the requirement to sign thenotice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used. Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notice — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this notice knowing that it is false or misleading in a material particular — see section 137.2 of the Criminal Code.
Forms for Part 3A Schedule 10 Form of notice of claimed infringement by owner or agent — Part 3 copyright material
Part 3 Form of notice of claimed infringement by owner or agent — copyright material
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY COPYRIGHT OWNER OR AGENT — COPYRIGHT MATERIAL
TO [name of carriage service provider]
Omit the following paragraph if this notice is being completed by the agent of the copyright owner.
*3. I believe, in good faith, that the storage of the specified copyright material on your system or network is not authorised by me or a licensee, or the Copyright Act 1968, and is therefore an infringement of the copyright in that material.
Omit the following paragraph if this notice is being completed by the copyright owner.
*3. I believe, in good faith, that the storage of the specified copyright material on your system or network is not authorised by the copyright owner or a licensee of the copyright owner, or the Copyright Act 1968, and is therefore an infringement of the copyright in that material.
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
Schedule 10 Forms for Part 3A
Part 3 Form of notice of claimed infringement by owner or agent — copyright material
NAME OF *OWNER/*AGENT OF OWNER: ADDRESS: TELEPHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS:
[signature] *Owner/*Agent of owner SCHEDULE DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information to enable the carriage service provider to identify the copyright material in respect of which the infringement is claimed] LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE SERVICE PROVIDER’S SYSTEM: [insert sufficient information to enable the carriage service provider to locate on its system or network the copyright material in respect of which the infringement is claimed]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.
Note 2 If this notice is issued by electronic communication, the requirement to sign thenotice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notice — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this notice knowing that it is false or misleading in a material particular — see section 137.2 of the Criminal Code.
Forms for Part 3A Schedule 10 Form of counter-notice in response to notice of claimed Part 4 infringement by owner or agent
Part 4 Form of counter-notice in response to notice of claimed infringement by owner or agent
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
COUNTER-NOTICE IN RESPONSE TO NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY COPYRIGHT OWNER OR AGENT
TO [name of carriage service provider]
[state the grounds]
Omit the following paragraph if the user does NOT live in, or carry on a business in, Australia.
*5. I agree to comply with the orders of a court having jurisdiction in the place where I live or undertake my business, being a place in Australia.
Schedule 10 Forms for Part 3A
Part 4 Form of counter-notice in response to notice of claimed infringement by owner or agent
Omit the following paragraph if the user lives in, or carries on a business in, Australia.
*5. I agree to comply with the orders of a court having jurisdiction in a place in Australia where you, the carriage service provider, are located and where an action for infringement of the copyright in the specified copyright material could be brought.
NAME OF *INDIVIDUAL/*BODY CORPORATE:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
[signature] User
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information to enable the carriage service provider to identify the copyright material in respect of which the infringement is claimed]
LOCATION OF COPYRIGHT MATERIAL ON CARRIAGE SERVICE PROVIDER’S SYSTEM OR NETWORK: [insert sufficient information to enable the carriage service provider to identify where on its system or network the copyright material in respect of which the infringement is claimed was stored]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.
Note 2 A counter-notice must be issued to the carriage service provider’s designated representative within 3 months after the user receives the notice of claimed infringement to which the counter-notice relates.
Forms for Part 3A Schedule 10 Form of counter-notice in response to notice of claimed Part 4 infringement by owner or agent
Note 3 If this counter-notice is issued by electronic communication, the requirement to sign the counter-notice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 4 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this counter-notice — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this counter-notice knowing that it is false ormisleading in a material particular — see section 137.2 of the Criminal Code.
Note 5 As soon as practicable after the carriage service provider receives this counter-notice, the carriage service provider must send a copy of it to the copyrightowner or agent, together with a notice stating that if the owner or agent does not, within 10 working days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the carriage service provider will restore, or enable access to, the copyright material on its system or network — seeregulation 20L of the Copyright Regulations 1969.
Note 6 Information that could identify a user who is an individual may be disclosed by the carriage service provider in the copy of this counter-notice or the notice referred toin Note 5 sent to the copyright owner or agent if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988. However, if the carriage service provider is required by a court to disclose identifying information about a userwho is an individual, the information must be disclosed.
Schedule 10 Forms for Part 3A
Part 5 Form of counter-notice in response to takedown of copyright material other than following notice by owner or agent
Part 5 Form of counter-notice in response to takedown of copyright material other than following notice by owner or agent
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
COUNTER-NOTICE IN RESPONSE TO TAKEDOWN OF COPYRIGHT MATERIAL OTHER THAN FOLLOWING NOTICE BY COPYRIGHT OWNER OR AGENT
TO [name of carriage service provider]
[state the grounds]
5. I have taken reasonable steps to ensure that the information and statements in this counter-notice are accurate.
Forms for Part 3A Schedule 10 Form of counter-notice in response to takedown of copyright Part 5 material other than following notice by owner or agent
NAME OF *INDIVIDUAL/*BODY CORPORATE:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E-MAIL ADDRESS:
[signature] User
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information to enable the carriage service provider to identify the copyright material that has been removed, or to which access has been disabled]
LOCATION OF COPYRIGHT MATERIAL ON CARRIAGE SERVICE PROVIDER’S SYSTEM OR NETWORK: [insert sufficient information to enable the carriage service provider to identify where on its system or network the copyright material that has been removed, or to which access has been disabled, was stored]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.
Note 2 A counter-notice must be issued to the carriage service provider’s designated representative within 3 months after the user receives the notice to which the counter-notice relates.
Note 3 If this counter-notice is issued by electronic communication, the requirement tosign the counter-notice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 4 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this counter-notice — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this counter-notice knowing that it is false ormisleading in a material particular — see section 137.2 of the Criminal Code.
Note 5 If the carriage service provider is satisfied, on the basis of the information and statements in this counter-notice, that the specified copyright material is not, or is not likely to be, infringing, the carriage service provider must restore, or enable access to, the copyright material on its system or network — see regulation 20R of the Copyright Regulations 1969.
Schedule 10 Forms for Part 3A
Part 6 Form of notice of claimed infringement by owner or agent — reference to copyright material
Part 6 Form of notice of claimed infringement by owner or agent — reference to copyright material
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY COPYRIGHT OWNER OR AGENT — REFERENCE TO COPYRIGHT MATERIAL
TO [name of carriage service provider]
NAME OF *OWNER/*AGENT OF OWNER: ADDRESS: TELEPHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS:
[signature] *Owner/*Agent of owner
Forms for Part 3A Schedule 10 Form of notice of claimed infringement by owner or agent — Part 6 reference to copyright material
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information to enable the carriage service provider to identify the copyright material in respect of which the infringement is claimed]
LOCATION OF REFERENCE PROVIDED BY THE CARRIAGE SERVICE PROVIDER ON ITS SYSTEM OR NETWORK: [insert sufficient information to enable the carriage service provider to locate on its system or network the reference provided by the carriage service provider to the copyright material that is claimed to be infringing]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.
Note 2 If this notice is issued by electronic communication, the requirement to sign thenotice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notice — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this notice knowing that it is false or misleading in a material particular — see section 137.2 of the Criminal Code.
Schedule 10A Prescribed acts
(regulation 20Z)
Item Topic Description of prescribed act
1 Interoperability with computer programs
2 Educational institutions
3 Assistance to persons with a print disability
4 Libraries or archives 1.1 The reproduction or adaptation by a person of a computer program of a kind mentioned in section 47D of the Act to achieve interoperability of an independently created article with the program or any other program in the circumstances mentioned in that section
Note For the doing of an act to achieve interoperability with an independently created computer program, see subsections 116AN (3) and 132APC (3) of the Act
4.2 The reproduction or communication by a library or archives of part or the whole of an article or published work to another library or archives in the circumstances mentioned in section 50 of the Act
Item Topic Description of prescribed act
5 Sound recordings for broadcasting
6 Malfunctioning technological protection measures 4.3 The reproduction or communication by a library or archives of:
5.1 The making of a copy of a sound recording in association with other matter solely for broadcasting it in the circumstances mentioned in section 107 of the Act
6.2 The gaining of access to copyright material that is protected by a technological protection measure that interferes with or damages a product in which it is installed (the host product) or another product used in conjunction with the host product:
Item Topic Description of prescribed act
Schedule 11
(regulation 23)
COMMONWEALTH OF AUSTRALIA
Copyright Regulations
NOTICE FOR PURPOSES OF REGULATION 23
To the Collector of Customs of Norfolk Island.
I, , of , being the owner [or agent of the owner] of the copyright in the work [or works] specified in the Schedule to this notice give you notice that I object [or, where notice is given by the agent, that objects] to the importation into Norfolk Island [here specify the period during which importation is objected to] of copies of the work [or works] to which regulation 23 of the Copyright Regulations applies.
Dated
[Signature]
[If an agent, insert “Agent of Owner”]
THE SCHEDULE
Title (if any) of work— Description of work— Full name of author or authors— Whether author or authors alive— If the author, or any one or more of the authors, is dead, date or dates of death— Date and place of first publication of work—
Schedule 11AA Record of the copying of a broadcast in reliance on Part VA of the Copyright Act 1968
(regulation 23G)
Schedule 11AB
(regulation 23G)
Copyright Act 1968
RECORD OF THE COMMUNICATION OF A COPY OF A BROADCAST IN RELIANCE ON PART VA OF THE COPYRIGHT ACT 1968
Schedule 11AC
(regulation 23HB)
FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright or performers’ protection under the Act.
Do not remove this notice.
Schedule 11A
(regulation 23JL)
Copyright Act 1968
RECORD OF THE MAKING OF A LICENSED COPY IN RELIANCE ON PART VB OF THE COPYRIGHT ACT 1968
Schedule 11B
(regulation 23JLA)
FORM OF NOTICE FOR PARAGRAPH 135ZXA (a) OF THE COPYRIGHT ACT 1968
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been reproduced and communicated to you by or on behalf of [insert name of institution] pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.
Do not remove this notice.
Schedule 11C Form of infringement notice
(regulation 23Q)
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
INFRINGEMENT NOTICE Date of issue: Unique identification code: TO [name and address of recipient]:
[Details of alleged offence, including the provision of the Act that creates the offence, the nature of the offence, the time and date of the alleged offence, and the place of the alleged offence.]
Penalty under this notice
3. The penalty for the alleged offence under this notice is 12 penalty units for an individual or 60 penalty units for a body corporate. This penalty can be paid by [methods of payment].
*4. If you pay the penalty stated in this notice within the time for payment mentioned below then (unless this notice is subsequently withdrawn and any penalty paid refunded):
*4. If you have agreed to forfeit, and have forfeited, to the Commonwealth all infringing articles and devices in your possession in relation to the alleged offence at the time and place that this notice is issued, and you pay the penalty stated in this notice within the time for payment mentioned below, then (unless this notice is subsequently withdrawn and any penalty paid refunded):
* Omit if not applicable
Consequences of failure to pay penalty under this notice
Time for payment
7. The time for payment is:
Further penalty for continuing offence
8. If the commission of the alleged offence continues beyond [date of alleged offence], a further penalty may be imposed even if the penalty imposed by this notice is paid.
Contacting the [relevant police force]
9. The [name of the police force] may be contacted by: [methods of contact].
Applying to have this notice withdrawn
10. Within 28 days after you receive this notice, you may apply to [name and/or position title] (the nominated person) to have this notice withdrawn.
Applying for more time to pay the penalty under this notice
11. Within 28 days after you receive this notice, you may apply to the nominated person for a further period of up to 28 days in which to pay the penalty under this notice.
Applying to pay the penalty under this notice by instalments
12. Within 28 days after you receive this notice, you may apply to the nominated person for permission to pay the penalty under this notice by instalments.
Requirements for applications
13. An application to have this notice withdrawn, or for more time to pay the penalty under this notice, or for permission to pay the penalty under this notice by instalments:
(e) may be made by [methods of making application]. Signature of authorised officer issuing the notice:
Schedule 12
(regulation 26)
INTERNATIONAL ORGANIZATIONS TO WHICH THE COPYRIGHT ACT 1968 APPLIES
United Nations Food and Agriculture Organization of the United Nations Inter-Governmental Maritime Consultative Organization International Bank for Reconstruction and Development International Civil Aviation Organization International Court of Justice International Development Association International Finance Corporation International Labour Organisation International Monetary Fund International Telecommunication Union United Nations Educational, Scientific and Cultural Organization Universal Postal Union World Health Organization World Meteorological Organization
Asian Development Bank Cultural and Social Centre for the Asian and Pacific Region Customs Co-operation Council European Launcher Development Organization Intergovernmental Committee on European Migration International Atomic Energy Agency International Coffee Council International Criminal Police Organization International Hydrographic Bureau International Institute of Refrigeration International Organization of Legal Metrology International Sugar Council International Tin Council International Wheat Council Organization of American States South East Asia Treaty Organization South Pacific Commission
Table of Instruments
Notes to the Copyright Regulations 1969 Note 1
The Copyright Regulations 1969 (in force under the Copyright Act 1968) as shown in this compilation comprise Statutory Rules 1969 No. 58 amended as indicated in the Tables below.
Under the implementation of the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all legislative instruments to be registered to the Federal Register of Legislative Instruments. Any legislative instrument made on or after 1 January 2005 is not enforceable unless it is registered. From 1 January 2005 the Statutory Rules series ceased to exist and is replaced with Select Legislative Instruments (SLI). Numbering conventions remain the same, ie Year and Number.
Table of Instruments
Year and number | Date of notification in Gazette or | Date of commencement | Application, saving or transitional |
FRLI registration | provisions | ||
1969 No. 58 (a) | 28 Apr 1969 | 1 May 1969 (see r. 2 and Gazette 1969, p. 2543) | |
1981 No. 148 | 23 June 1981 | 23 June 1981 | — |
1981 No. 355 | 18 Dec 1981 | 18 Dec 1981 | — |
1982 No. 65 | 12 Mar 1982 | 12 Mar 1982 | — |
1983 No. 126 | 5 Aug 1983 | 5 Aug 1983 | — |
1983 No. 128 | 5 Aug 1983 | 5 Aug 1983 | — |
1983 No. 293 | 1 Dec 1983 | 1 Dec 1983 | — |
1984 No. 175 | 1 Aug 1984 | 1 Aug 1984 | — |
1984 No. 275 | 5 Oct 1984 | 5 Oct 1984 | — |
1987 No. 34 | 12 Mar 1987 | 12 Mar 1987 | — |
1988 No. 125 | 24 June 1988 | 24 June 1988 | — |
1990 No. 4 | 25 Jan 1990 | 25 Jan 1990 | — |
1990 No. 5 | 25 Jan 1990 | 25 Jan 1990 | — |
1990 No. 76 | 23 Mar 1990 | 23 Mar 1990 | — |
1990 No. 301 | 28 Sept 1990 | 1 Oct 1990 (see r. 1 and Gazette 1990, No. S261) | — |
1992 No. 165 | 25 June 1992 | 25 June 1992 | — |
1993 No. 228 | 26 Aug 1993 | 26 Aug 1993 | — |
1995 No. 129 | 15 June 1995 | 1 July 1995 | — |
122 | Copyright Regulations 1969 |
Table of Instruments
Year and number | Date of notification in Gazette or FRLI registration | Date of commencement | Application, saving or transitional provisions |
---|---|---|---|
1998 No. 359 | 22 Dec 1998 | 22 Dec 1998 | — |
2001 No. 7 | 13 Feb 2001 | 13 Feb 2001 | — |
2001 No. 8 2004 No. 405 2005 No. 15 2006 No. 328 | 13 Feb 2001 23 Dec 2004 25 Feb 2005 (see F2005L00311) 14 Dec 2006 (see F2006L04029) | (b)1 Jan 2005 (see r. 2) 26 Feb 2005 1 Jan 2007 | — — — — |
(a) The form of introductory words used to make Statutory Rules 1969 No. 58 was as follows:
“WHEREAS it is provided by subsection (5) of section 55 of the Copyright Act 1968 that regulations made for the purposes of paragraph (d) of subsection (1) of that section may provide that the doing of such acts as are specified in the regulations, being such acts as the Governor-General considers convenient for ensuring the receipt by the owner of the copyright in musical work of the royalties in respect of records of that work or, if the owner of the copyright cannot be found by reasonable inquiry, as the Governor-General considers reasonable in the circumstances, is to be deemed to constitute payment of the royalties:
“AND WHEREAS I consider that the doing of the acts referred to in regulation 9, and subregulation (3) of regulation 13, of the following Regulations is convenient for ensuring the receipt by the owner of the copyright in a musical work of the royalties in respect of records of that work:
“AND WHEREAS I consider that, where the owner of the copyright in a musical work cannot be found by reasonable inquiry, the doing of the acts referred to in regulation 12 of the following Regulations is reasonable in the circumstances:
“AND WHEREAS it is provided by subsection (1) of section 186 of the Copyright Act 1968 that, where it appears to the Governor-General that it is desirable that that Act should apply in relation to an organization:
representing the Governments of two or more countries; the regulations under that Act may declare that organization to be an international organization to which that Act applies:
“AND WHEREAS each of the organizations specified in the Fifth Schedule to the following Regulations is an organization:
“AND WHEREAS it appears to me that it is desirable that the Copyright Act 1968 should apply in relation to each of those organizations:
Table of Instruments
“NOW THEREFORE I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Copyright Act 1968.”
(b) Regulation 2 of Statutory Rules 2001 No. 8 provides as follows: These Regulations commence on the commencement of the Copyright Amendment (Digital Agenda) Act 2000.
The Copyright Amendment (Digital Agenda) Act 2000 commenced on 4 March 2001.
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 1
Heading to Part 1................ ad. 1990 No. 5
R. 1 ..................................... rs. 1998 No. 359
R. 3A................................... ad. 1983 No. 128 rep. 1990 No. 76
R. 4 ..................................... rs. 1981 No. 148 am. 1981 No. 355 rep. 1990 No. 4
R. 4A................................... ad. 1981 No. 148 am. 1981 No. 355 rep. 1990 No. 4
Part 2
Heading to Part 2................ ad. 1990 No. 5
R. 4B................................... ad. 1981 No. 148
R. 4BA ................................ ad. 2001 No. 8 Heading to r. 4C.................. rs. 1998 No. 359
R. 4C................................... ad. 1987 No. 34
R. 4D................................... ad. 2001 No. 8
R. 5A................................... ad. 1981 No. 148 am. 1984 No. 175 rep. 1990 No. 76
R. 6 ..................................... am. 1981 Nos. 148 and 355; 1983 No. 126; 1992 No. 165
R. 8 ..................................... rs. 1992 No. 165 Rr. 9–13 .............................. am. 1992 No. 165
R. 15A................................. ad. 1983 No. 293 rep. 1992 No. 165
R. 17 ................................... rs. 1990 No. 301
Part 3
Heading to Part 3................ ad. 1990 No. 5
R. 17A................................. ad. 1988 No. 125 rs. 2001 No. 8
R. 17B................................. ad. 1993 No. 228 rep. 2001 No. 8
R. 20 ................................... rep. 1981 No. 148 ad. 2001 No. 8
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Part 3A
Part 3A................................ ad. 2004 No. 405
Division 3A.1
R. 20A................................. ad. 2004 No. 405
R. 20B................................. ad. 2004 No. 405
R. 20C................................. ad. 2004 No. 405
R. 20D................................. ad. 2004 No. 405
Division 3A.2
R. 20E................................. ad. 2004 No. 405
Division 3A.3
R. 20F................................. ad. 2004 No. 405
Division 3A.4
R. 20G ................................ ad. 2004 No. 405
R. 20H................................. ad. 2004 No. 405
R. 20I .................................. ad. 2004 No. 405
R. 20J ................................. ad. 2004 No. 405
R. 20K................................. ad. 2004 No. 405
R. 20L ................................. ad. 2004 No. 405
R. 20M ................................ ad. 2004 No. 405
Division 3A.5
R. 20N................................. ad. 2004 No. 405
R. 20P................................. ad. 2004 No. 405
R. 20Q ................................ ad. 2004 No. 405
R. 20R................................. ad. 2004 No. 405
Division 3A.6
R. 20S................................. ad. 2004 No. 405
R. 20T................................. ad. 2004 No. 405
R. 20U................................. ad. 2004 No. 405
Division 3A.7
R. 20V................................. ad. 2004 No. 405
R. 20W................................ ad. 2004 No. 405
R. 20X................................. ad. 2004 No. 405
Part 3B
Part 3B................................ ad. 2006 No. 328
R. 20Y................................. ad. 2006 No. 328
R. 20Z................................. ad. 2006 No. 328
Part 4
Heading to Part 4................ ad. 1990 No. 5
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
R. 21 ................................... am. 1981 Nos. 148 and 355; 1995 No. 129 rs. 1998 No. 359
R. 22 ................................... am. 1981 No. 148 rep. 1981 No. 355 ad. 1995 No. 129 rs. 1998 No. 359
R. 22A................................. ad. 1995 No. 129
R. 23 ................................... am. 1981 Nos. 148 and 355
Part 5
Heading to Part 5................ rs. 2001 No. 8 Part 5 .................................. ad. 1990 No. 5
R. 23A................................. ad. 1990 No. 5 rs. 1998 No. 359 am. 2001 No. 8; 2005 No. 15
R. 23B................................. ad. 1990 No. 5 am. 1998 No. 359; 2001 No. 8
R. 23C................................. ad. 1990 No. 5 am. 1998 No. 359 rs. 2001 No. 8
R. 23D................................. ad. 1990 No. 5
R. 23E................................. ad. 1990 No. 5 am. 1998 No. 359 rs. 2001 No. 8
R. 23F................................. ad. 1990 No. 5 am. 1998 No. 359; 2001 No. 8
R. 23G ................................ ad. 1990 No. 5 rs. 2001 No. 8
R. 23H................................. ad. 1990 No. 5
R. 23HA .............................. ad. 2001 No. 8
R. 23HB .............................. ad. 2001 No. 8
R. 23J ................................. ad. 1990 No. 5 am. 2005 No. 15
Part 5A
Heading to Part 5A.............. rs. 2001 No. 8 Part 5A................................ ad. 1990 No. 76
R. 23JA............................... ad. 1990 No. 76 am. 2001 No. 8; 2006 No. 328
Rr. 23JB.............................. ad. 1990 No. 76 rs. 2006 No. 328
R. 23JC............................... ad. 1990 No. 76 am. 2001 No. 8; 2006 No. 328
R. 23JD............................... ad. 1990 No. 76 rs. 2006 No. 328
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
R. 23JE...............................
R. 23JF ...............................
R. 23JG
R. 23JH...............................
R. 23JJ................................
R. 23JK...............................
R. 23JL ...............................
R. 23JLA .............................
R. 23JM ..............................
Part 6
Part 6 ..................................
R. 23K.................................
R. 23L .................................
R. 23M ................................
R. 23N.................................
R. 23O ................................
R. 23P.................................
Part 6A Division 6A. 1
R. 23M ................................
R. 23N.................................
Division 6A.2
R. 23O ................................
ad. 1990 No. 76
am. 2001 No. 8; 2006 No. 328 ad. 1990 No. 76 am. 2001 No. 8; 2006 No. 328
ad. 1990 No. 76
am. 2001 No. 8; 2006 No. 328 ad. 1990 No. 76 am. 2006 No. 328
ad. 1990 No. 76
am. 2001 No. 8 ad. 1990 No. 76 am. 2001 No. 8; 2006 No. 328
ad. 1990 No. 76 am. 2006 No. 328
ad. 2001 No. 8 ad. 1990 No. 76 am. 2006 No. 328
ad. 1990 No. 5 rep. 1998 No. 359 ad. 2001 No. 8
ad. 1990 No. 5 rep. 1998 No. 359 ad. 2001 No. 8
ad. 1990 No. 5 rep. 1998 No. 359 ad. 2001 No. 8
ad. 1990 No. 5
rep. 1998 No. 359 ad. 1990 No. 5 rep. 1998 No. 359
ad. 1990 No. 5
rep. 1998 No. 359 ad. 1990 No. 5 rep. 1998 No. 359
ad. 2006 No. 328 ad. 2006 No. 328
ad. 2006 No. 328
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Division 6A.3 Subdivision 6A.3.1
R. 23P................................. ad. 2006 No. 328
R. 24Q ................................ ad. 2006 No. 328
Subdivision 6A.3.2
R. 24R................................. ad. 2006 No. 328
R. 23S................................. ad. 2006 No. 328
R. 23T................................. ad. 2006 No. 328
R. 23U................................. ad. 2006 No. 328
R. 23V................................. ad. 2006 No. 328
Subdivision 6A.3.3
R. 23W................................ ad. 2006 No. 328
R. 23X................................. ad. 2006 No. 328
R. 23Y................................. ad. 2006 No. 328
R. 23Z................................. ad. 2006 No. 328
Part 7
Heading to Part 7................ ad. 1990 No. 5
R. 25 ................................... am. 1983 No. 126
R. 25AA .............................. ad. 1987 No. 34 rep. 1990 No. 76 ad. 2001 No. 7
R. 25A................................. ad. 1981 No. 148 am. 1984 No. 175; 1990 No. 76
R. 25B................................. ad. 1981 No. 148 rep. 1990 No. 76 ad. 2001 No. 8
R. 26 ................................... am. 1981 Nos. 148 and 355
R. 27 ................................... am. 2001 No. 7; 2006 No. 328 Heading to The Schedules.. rep. 1981 No. 148 Schedule 1.......................... ad. 1981 No. 148
rs. 1981 No. 355 am. 1983 No. 128; 1984 No. 275 rep. 1990 No. 4
Schedule 1A ....................... ad. 1981 No. 355 rep. 1990 No. 4
Schedule 2.......................... ad. 1981 No. 148 rs. 1981 No. 355 am. 1982 No. 65; 1983 No. 128; 1984 No. 275 rep. 1990 No. 4
Schedule 3
Schedule 3.......................... ad. 1981 No. 148 rs. 2001 No. 8
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Schedule 3A
Heading to Schedule 3A ..... rs. 1998 No. 359 Schedule 3A ....................... ad. 1987 No. 34
Schedule 3B
Heading to Schedule 3B ..... rs. 1998 No. 359 Schedule 3B ....................... ad. 1987 No. 34
Schedule 4
Schedule 4.......................... ad. 1981 No. 148
rep. 1990 No. 76
ad. 2001 No. 8
Schedules 5–7 .................... ad. 1981 No. 148 rep. 1990 No. 76
Schedule 8
Heading to First Schedule Renumbered Schedule 8. 1981 No. 148 Schedule 8.......................... rs. 1983 No. 126 rs. 1992 No. 165
Schedule 9
Heading to Second
Schedule
Renumbered Schedule 9. 1981 No. 148
Schedule 9.......................... rep. 1995 No. 129 ad. 2001 No. 8
Schedule 10
Heading to Third Schedule Renumbered Schedule 10 1981 No. 148 Schedule 10........................ rep. 1981 No. 355 ad. 2004 No. 405
Schedule 10A
Schedule 10A ..................... ad. 2006 No. 328
Schedule 11
Heading to Fourth Schedule
Renumbered Schedule 11 1981 No. 148 Schedule 11........................ am. 2001 No. 8
Schedule 11AA
Heading to Schedule 11AA. rs. 1998 No. 359
am. 2001 No. 8 Schedule 11AA ................... ad. 1990 No. 5
am. 1998 No. 359; 2001 No. 8
Schedule 11AB
Schedule 11AB ................... ad. 2001 No. 8
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Schedule 11AC
Schedule 11AC................... ad. 2001 No. 8 am. 2005 No. 15
Schedule 11A
Schedule 11A ..................... ad. 1990 No. 34 rs. 1990 No. 76
Schedule 11B
Schedule 11B ..................... ad. 1987 No. 34 rep. 1990 No. 76 ad. 2001 No. 8
Schedule 11C
Schedule 11C ..................... ad. 2006 No. 328 Schedule 11C ..................... ad. 1987 No. 34 rep. 1990 No. 76
Schedule 12
Heading to Fifth Schedule Renumbered Schedule 12 1981 No. 148