ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IPINIII AUSICII 
29 avril 1999 
(99-1723) 
Original: anglais 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES 
À LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
AUSTRALIE 
Le présent document contient le textel des lois et réglementations ci-après, notifiées par 
l'Australie au titre de l'article 63:2 de l'Accord dans une communication de la Mission permanente de 
ce pays, datée du 5 mars 1999: 
créée. Loi de 1968 sur le droit d'auteur, dans sa version codifiée en vigueur 
le 22 janvier 1998. Cette version remplace la Loi de 1968 sur le 
droit d'auteur, republiée à la date du 31 octobre 1992 
(voir le document IP/N/lIAUSIl/Add.li 
Loi modificative (nO 1) de 1998 sur le droit d'auteur 
portant modification de la Loi de 1968 sur le droit 
d'auteur, approuvée le 30 juillet 1998 
Loi modificative (nO 2) de 1998 sur le droit d'auteur 
portant modification de la Loi de 1968 sur le droit 
d'auteur, approuvée le 30 juillet 1998 
1 En anglais seulement. 2 
171 
200 
2 Cette loi a été distribuée avant que la série de documents contenant les législations notifiées ne soit IPJNllIAUS/CIl 
Page 2 
Copyright Act 1968 
Act No. 63 of 1968 as amended 
Consolidated as in force on 22 January 1998 
(includes amendments up to Act No. 292 of 1968) 
Prepared by the Office of Legislative Drafting, 
Attorney-General's Department, Canberra 
Contents 
Part I-Preliminary 
1 Short title [see Note 1] 
2 Commencement [see Note 1] 
4 Extension to external Territories 
5 Exclusion of Imperial Copyright Act, 1911 
6 Repeal of Copyright Acts 
7 Act to bind the Crown 
8 Copyright not to subsist except by virtue of this Act 
8.-\ Prerogative rights of the Crown in the nature of copyright 
9 Operation of other laws 
Part II-Interpretation 
10 Interpretation 
10.-\ Decl:lr.ltions and notices relating to certain bodies and institutions 
II Residence in a country not affected by temporary absence 
11 References to Parliament 
13 Acts comprised in copyright 
l~ Acts done in relation to substantial part of\l/ork or other subject-matter deemed to 
be done in relation to the whole 
15 References to acts done with licence of owner of copyright 
16 References to partial assignment of copyright 
17 Statutory employment 
18 Libraries established or conducted for profit 
19 References to Copyright Act, 1911 
20 Names under which work is published 
21 Reproduction of works 
22 Provisions relating to the making of a work or other subject-matter 
23 Sound recordings and records 
2~ References to sounds and visual images embodied in an article 
25 Provisions relating to broadcasting 
26 References to transmission to subscribers to a diffusion selY'ice 
27 Perfonnance 
28 Perfonnance of works or other subject-matter in the course of educational 
instruction 
29 Publication 
30 Ownership of copyright for particular purposes 
30A Commercial rental arrangement 
Part III-Copyright in Original Literary, Dramatic, Musical and Artistic 
'Yorks 26 
Dh:ision I-Nature, Duration and Ownership of Copyright in Works 26 
31 Nature of copyright in original works 
32 Original works in which copyright subsists 
33 Duration of copyright in original works 
3~ Duration of copyright in anonymous and pseudonymous works 35 Ownership of copyright in original works IPINIl/AUS/C/l 
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Division 2-Infringement of Copyright in Works 31 
36 Infringement by doing acts comprised in the copyright 
37 Infringement by importation for sale or hire 
38 Infringement by sale and other dealings 
39 Infringement by permitting place of public entertainment to be used for 
performance of work 
39A Infringing copies made on machines installed in libraries and archives 
Dh-'ision 3-Acts not Constituting Infringements of Copyright in \Vorks 34 
40 Fair dealing for purpose of research or study 
41 F air dealing for purpose of criticism or review 
42 Fair dealing for purpose of reporting news 
43 Reproduction for purpose of judicial proceedings or professional advice 
43A Back-up copy of computer program 
44 Inclusion of works in collections for use by places of education 
44A Importation etc, of books 
44B Reproduction of writing on approved label for containers for chemical product 
Dh'ision 4-Acts not Constituting Infringements of Copyright in Literary, Dramatic 
and l\-lusical \Vorks 41 
45 Reading or recitation in public or for a broadcast 
46 Performance at premises where persons reside or sleep 
47 Reproduction for purpose of broadcasting 
47A Sound broadcasts by holders of print-handicapped radio licences 
Diyision 5-Copying of \Vorks in Libraries 46 
48 Interpretation 
48A Copying by Parliamentary libraries for members of Parliament 
49 Copying by libraries and archives for users 
50 Copying by libraries or archives for other libraries or archives 
51 Copying of unpublished works in libraries or archives 
51 At... Copying of works in Australian Archives 
51 A Copying of works for preservation and other purposes 
52 Publication of unpublished works kept in libraries 
53 Applic4ltion of Division to illustrations accompanying articles and other works 
Division 6-Recording of l\'lusical \Vorks 56 
5~ Interpretation 
55 Conditions upon which manufacturer may make records of musical work 
57 Provisions relating to royalty where 2 or more works are on the one record 
59 Conditions upon which manufacturer may include pan of a literary or dramatic 
work in a record of a musical work 
60 Records made partly for retail sale and panly for gratuitous disposal 
61 Making inquiries in relation to previous records 
6~ Sections 55 and 59 to be disregarded in determining whether an infringement has 
been committed by the importation of records 
Division 7-Acts not Constituting Infringements of Copyright in Artistic \Vorks 
64 
65 Sculptures and certain other ,"'orks in public places 
66 Buildings and models of buildings 
67 Incid~ntal filming or televising of artistic works 
68 Publication ofanistic works 
69 Artistic works transmitted to subscribers to a diffusion sen'ice 
70 Reproduction for purpose of including work in television broadcast 
72 Reproduction of part of work in later work 
73 Reconstruction of buildings 
Division 8-Designs 67 
7~ Corr~sponding design 
75 Copyright protection where corresponding design registered 
76 False registration of industrial designs 
77 Application of artistic works as industrial designs without regisL""ation of the 
designs IP/N/l/AUS/C/I 
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Dh:ision 9-Works of Joint Authorship 70 
78 References to all of joint authors 
79 References to anyone or more of joint authors 
80 References to whichever of joint authors died last 
81 Works of joint authorship published under pseudonyms 
82 Copyright to subsist in joint works without regard to any author who is an 
unqualified person 
83 Inclusion of joint works in collections for use in places of education 
Part IV-Copyright in Subject-Matter Other Than \Vorks 
Division I-Preliminary 
84 Interpretation 
Division 2-Nature of Copyright in Subject-Matter other than Works 
85 Nature of copyright in sound recordings 
86 Nature of copyright in cinematograph films 
87 Nature of cop)Tight in television broadcasts and sound broadcasts 
88 Nature of copyright in published editions of works 72 
72 
73 
Dh:ision 3-Subject-l\'latter, other than 'Vorks, in which Copyright Subsists 75 
89 Sound recordings in which copyright subsists 
90 Cinematograph films in which copyright subsists 
91 Television broadcasts and sound broadcasts in which copyright subsists 
92 Published editions of works in which copyright subsists 
Division 4-Duration of Copyright in Subject-Matter other than Works 77 
93 Duration of copyright in sound recordings 
94 Duration of copyright in cinematograph films 
95 Duration of copyright in television broadcasts and sound broadcasts 
96 Duration of copyright in published editions of works 
Division 5-Ownership of Copyright in Subject-l\'latter other than \Vorks 79 
9i Ownership of copyright in sound recordings 
98 Ownership of copyright in cinematograph films 
99 Ownership of copyright in television broadcasts and sound broadcasts 
100 Ownership of copyright in published editions of works 
Diyision 6-Infringement of Copyright in Subject-l\-Iatter other than \Vorks 81 
100A Interpretation 
101 Infringement by doing acts comprised in copyright 
102 Infringement by importation for sale or hire 
103 Infringement by sale and other dealings 
103A Fair dealing for purpose of criticism or review 
1038 Fair dealing for purpose of reporting news 
103C Fair dealing for purpose of research or study 
104 Acts done for purposes of judicial proceeding 
I04A Acts done by Parliamentary libraries for members of Parliament 
105 Copyright in certain recordings not infringed by causing recordings to be heard in 
106 
107 
108 
109 
110 
1l0A 
1108 
111 
112 
112A 
1128 public or broadcast 
Causing sound recording to be heard at guest house or club 
}.·laking ofa copy of the sound recording for purpose of broadcasting 
Copyright in published recording not infringed by public performance if equitable 
remuneration paid 
Copyright in published sound recording not infringed by broadcast in certain 
circumstances 
Provisions relating to cinematograph films 
Copying of unpublished sound recordings and cinematograph films in libraries or 
archives 
Copying of sound recordings and cinematograph films for preservation and other 
purposes 
Filming or recording broadcasts for private and domestic use 
Reprod uctions of ed itions of work 
Importation and sale etc. of books 
Reproduction of writing on approved label for containers for chemical product IPINII/ Aus/ell 
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Division 7-Miscellaneous 95 
113 Copyrights to subsist independently 
Part 'V-Remedies for Infringements of Copyright 96 
Division I-Preliminary 96 
114 Interpretation 
Dh·ision 2-Actions by Owner of Copyright 97 
115 Actions for infringement 
116 Rights of owner of copyright in respect of infringing copies 
Division 3-Proceedings where Copyright is subject to Exclusive Licence 99 
117 Interpretation 
118 Application 
119 Rights of exclusive licensee 
120 Joinder of owner or exclusive licensee as a party 
121 Defences available against exclusive licensee 
122 Assessment of damages where exclusive licence granted 
123 Apportionment of profits between owner and exclusive licensee 
124 Separate actions in relation to the same infringement 
125 Liability for costs 
Division 4-Proof of facts in civil actions 102 
126 Presumptions as to subsistence and ownership of copyright 
127 Presumptions in relation to authorship of work 
128 Presumptions in relation to publisher of work 
129 Presumptions where author has died 
130 Evidence in rdation to recordings 
131 Presumption in reilltion to maker of film 
Di.,.ision 4A-Jurisdiction and Appeals 105 
131A Exercise of jurisdiction 
1318 Appeals 
131 C Jurisdiction of Federal Court of Australia 
Division 5-Offences and Summary Proceedings 106 
132 Offences 
133 Penalties 
133A Advertisement for supply of infringing copies of computer piOgrmlS 
Division 6-1HisceJlaneous III 
134 Limitation of actions in respect of infringement of copyright 
134A Affidavit evidence 
Diyision i-Seizure of imported copies of copyright material 112 
1348 Interpretation 
135 Restriction of importation of copies of works etc. 
135AA Security for expenses of seizure 
135AB Secure storage of seized copies 
135AC Notice of seizure 
135AD Inspection, release etc. of seized copies 
135AE Forfeiture of seized copies by consent 
135AF Compulsory release of seized copies to the importer 
135AG Provision relating to actions for infringement of copyright 
135AH Retention of control of seized copies 
135AI Disposal of seized copies ordered to be forfeited 
135A1 Insufficient security 
135AK Immunity of the Commonwealth 
Part VA-Copying of Broadcasts by Educational and Other Institutions 
119 
Diyision I-Preliminary 119 
135A Interpretation 
1358 Copies of broadcasts 
135C Student ofan institution 
1350 Operation of collecting society rules 
Diyision 2-Copying of broadcasts 121 IPINIlIAUS/CII 
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13SE Copying of broadcasts by educational institutions etc. 
13SF Preview copies 
1350 Remuneration notices 
135H Records notices 
1351 Sampling notices 
135K Marking and record keeping requirements 
135L Inspection of records etc. 
135M Revocation of remuneration notice 
135N Request for payment of equitable remuneration 
Division 3-The collecting society 127 
I35P The collecting society 
I35Q Revocation of declaration 
135R Annual report and accounts 
135S Amendment of rules 
Di~·isjon 4-Interim copying 129 
135T Appointment of notice holder 
135U Copying before declaration of collecting society 
135V Preview copies 
135W Notices by administering bodies 
135X Marking and record keeping requirements 
135Y Effect of declaration of collecting society 
Dh:ision 5-l\lisceJlaneous 132 
135Z Relevant copyright owner may authorise copying 
135ZA Copyright not to vest in copier 
Part VB-Copying of\Vorks etc. by Educational and Other Institutions 
133 
Dh:ision I-Preliminary 
135Z8 Interpretation 
135ZC Eligible items and photographic versions 
135ZD Student ofan institution 
135ZE Part does not apply to computer programs 
135ZF Operation of collecting society rules 
Dh·ision 2-Copying of works by educational institutions 
135Z0 Multiple copying of insubstantial portions of works 
135ZH Copying of published editions by educational institutions 
135ZJ r-.Iultiple copying of periodical articles by educational institutions 
135ZK Multiph! copying of works published in anthologies 
135ZL Multiple copying of works by educational institutions 
135Z:-'1 Application of Division to certain illustrations 133 
136 
Di".ision 3-Copying of works by institutions assisting handicapped readers 139 
135ZN Copying of published editions by institutions assisting handicapped readers 
135ZP Multiple copying of works by institutions assisting handicapped readers 
135ZQ Making of relevant reproductions by institutions assisting handicapped readers 
Di,,-ision 4-Copying of works etc. by institutions assisting intellectually handicapped 
143 persons 
135ZR Copying of published editions by institutions assisting intellectually handicapped 
persons 
135ZS Copying of eligible items by institutions assisting intellectually handicapped 
persons 
135ZT Making of copies for use in making intellectually handicapped person's copies 
Di".ision 5-Equitable remuneration 145 
135ZU Remuneration notices 
135ZV Records notices 
135ZW Sampling notices 
135ZX Marking and record keeping requirements 
135ZY Inspection of records etc. 
135ZZ Revocation of remuneration notice 
135ZZA Request for payment of equitable remuneration Division 6-CoJlecting societies 
135ZZB Collecting societies 
135ZZC Revocation of declaration 
135ZZ0 Annual report and accounts 
135ZZE Amendment of rules 
Division 7-Miscellaneous 
135ZZF Rights of copyright owners 
135ZZG Copyright not to vest in copier 
135ZZH Unauthorised use of copies 
Part VI-The Copyright Tribunal 
Di\'ision I-Preliminary 
136 Interpretation 
13 7 Cases to which licence schemes apply 
Division 2--Constitution of the Tribunal 
138 Constitution of Tribunal 
139 Appointment of members of Tribunal 
140 Qualifications of members 
141 Tenure of office 
142 Acting President 
143 Remuneration and allowances 
144 Oath or affirmation of office 
144A Disclosure of interests by members 
1448 Removal from office for failure to disclose interest 
145 Resignation 
146 Sinings of the Tribunal 
147 President to arrange business of Tribunal IPINIl! AUS/ell 
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149 
152 
154 
154 
157 
Division 3-Inquiries by, and Applications and References to, the Tribunal 162 
149 
149A 
150 
151 
152 
152A 
152B 
153 
153A 
1538 
153C 
1530 
154 
155 
156 
157 
158 Applications to Tribunal for determination of remuneration payable for making 
recording or film of a work 
Applications to Tribunal under section 47A [see Note 2J 
Applications to Tribunal for determination of remuneration payable to owner of 
copyright in recording for ma.l(ing of a copy of the sound recording 
Applications to Tribunal for determination of remuneration payable to owner of 
copyright in recording in respect of public playing of the recording 
Applications to Tribunal for determination of amounts payable for broadcasting 
published sound recordings 
Applications to Tribunal for determination of amount of royalty payable for 
recording musical works 
Applications to Tribunal for determination of manner of paying royalty 
Applications to Tribunal for apportionment of royalty in respect of a record 
Applications to Tribunal under section 135H or subsection 135J(1) 
Applications to Tribunal under subsection 135J(3) 
Applications to Tribunal under section 135ZV or subsection 135ZW(I) 
Applications to Tribunal under subsection 135ZW(3) 
Reference of proposed licence schemes to Tribunal 
Reference of existing licence schemes to Tribunal 
Further reference of licence schemes to Tribunal 
Application to Tribunal in relation to licences 
Effect oflicence scheme being continued in operation pending order of the 
Tribunal 
159 Effect of order of Tribunal in relation to licences 
160 Interim orders 
161 Reference of questions of law to Federal Court of Australia 
162 Agreements or awards not affected 
Diyision 4-Procedure and E,·idence 183 
163 Proceedings to be in public except in special circumstances 
163A Application may be made to Tribunal by the agent of the copyright owner 
164 Procedure 
165 Mistakes or errors in orders of the Tribunal IPIN/Il A US/C/I 
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166 Regulations as to procedure 
167 Power to take evidence on oath 
168 Evidence in form of written statement 
169 Representation 
Division 5-l\liscellaneous 186 
170 Secretary and other staff 
171 Protection of members, barristers and witnesses 
172 Disobedience to summons etc. 
173 Contempt of Tribunal etc. 
174 Costs of proceedings 
175 Proof of orders of Tribunal 
Part VII-The Cro","n 189 
176 Crown copyright in original works made under direction of Crown 
177 Crown copyright in original works first published in Australia under direction of 
Crown 
178 Crown copyright in recordings and films made under direction of Crown 
179 Provisions relating to o\.,·nership of copyright may be modified by agreement 
180 Duration of Crown copyright in original works 
181 Duration of Crown copyright in recordings and films 
182 Application of Parts III and IV to copyright subsisting by vinue of this Pan 
182A Copyright in statutory instruments and judgments etc. 
183 Use of copyright material for the services of the Crown 
Part VIII-Extension or Restriction of Operation of Act 194 
18.+ Application of Act to countries other than Australia 
185 Dl!ni:l1 of copyright to citizens of countries not giving adequate protection to 
Australian works 
186 Application of Act to international organizations 
187 Original works m:lde or first published by international organiZ:ltions 
188 Subject-matter, other than original works, made or first published by international 
organizations 
Part IX-False Attribution of Authorship 200 
189 Interpretation 
190 Duty not to attribute falsely the authorship of a work 
191 Duty not to attribute falsely the authorship of altered work 
192 Duty not to attribute falsely the authorship of reproduction ofanistic work 
193 Breach of duty not committed if act done outside Australia or done \'v"ith permission 
19.+ Action for breach of duty 
195 Saving of other rights and remedies 
195A.A Jurisdiction of Federal Court of Australia 
Part X-l\tIiscellaneous 203 
195A 
195B 
196 
197 
198 
199 
200 
200.A.A 
201 
202 
203 
203A 
203D 
203E Interpretation 
Review of cenain decisions 
Assignments and licences in respect of copyright 
Prospective ownership of copyright 
Copyright to pass under will with unpublished work 
Reception of broadcasts 
Use of works and broadcasts for educational purposes 
Use of broadcasts by institutions assisting intellectually handicapped persons 
Delivery of library material to the National Library 
Groundless threats of legal proceedings 
Limitation on power of courts to grant relief in proceedings under this Act 
Retention of declarations in relation to copies made by libraries, archives or 
institutions 
Arrangement of declarations and records 
Inspection of records and declarations retained by libraries, archives or institutions IPJNIl/AUS/CIl 
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203F Additional offences in relation to the making and retention of records and 
declarations 
203H Notation of certain copies etc. 
Part XI-Transitional 218 
Division I-Preliminary 218 
204 Interpretation 
205 References to making of works, recordings and films 
206 References in other laws or instruments to copyright 
207 Application 
208 Authorship of photographs 
209 Publication 
Dh'ision 2-Original \Vorks 221 
210 Expired copyright not to revive 
211 Original works in which copyright subsists 
212 Duration of copyright in photographs 
213 Ownership of copyright 
214 Infringement by importation, sale and other dealings 
215 Recording of musical works 
216 Publication of artistic works 
217 Reconstruction of buildings 
218 Industrial designs 
219 Reproduction of work upon payment of royalties 
Diyision 3-Subject-lVlatter other than \Vorks 227 
220 Sound recordings 
221 Cinematograph films 
222 Application of Act to dramatic works and photographs comprised in cinematograph 
films 
223 Television bro:ldcasts and sound broadcasts 
224 Published editions of works 
225 Infringement by importation, sale and other dealings 
Diyision 4-l\liscellaneous 229 
226 Actions for infringement 
227 Infringing copies 
228 Actions where copyright subject to exclusive licence 
229 Offences and summary proceedings 
230 Limitation of actions 
231 Restriction of importation of printed copies of works 
232 References and applications to Tribunal in relation to licence schemes 
233 Duration of Crown copyright in photographs 
234 Duration of Cro\""n copyright in recordings 
235 Crown copyright in films 
236 Works made or published by international organizations 
237 Subject-matter, other than original works, made or published by international 
organizations 
238 False attribution of authorship of work 
239 Assignments and licences 
240 Bequests 
241 Delivery of library material to National Library 
242 Groundless threats of legal proceedings 
Division ~\Vorks :Made before I July, 1912 235 
243 Interpretation 
244 Application 
245 Rights conferred by Copyright Act, 1911 
246 Performing rights 
247 Contributions to periodicals 
248 Assignments and licences 
Part XIA-Performers' Protection 238 
Division I-Preliminary 238 IP/NllIAUS/C/l 
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248A Interpretation 
248B Educational purposes 
248C Exempt recordings cease to be exempt recordings in certain circumstances 
248CA Protection period 
248D Private and domestic use 
248E References to transmission to subscribers to a diffusion service 
248F Application 
Dh:ision 2-Actions by performers 245 
248G What constitutes unauthorised use 
248H Copying sound recordings for broadcasting 
248J Actions for unauthorised use 
248K Exercise of jurisdiction 
248L Appeals 
248M Jurisdiction of Federal Court 
248N Right to bring an action not assignable 
Dh'ision 3-Offences 249 
248P Offences involving unauthorised recording. broadcasting etc. of performances 
248Q Other offences in relation to perfonnances 
248QA Further offences relating to sound recordings of certain performances 
248QB Protection against multiple prosecutions for same act 
248R Penalties 
248S Prosecutions for offences 
248T Destruction or delivery up of unauthorised recordings 
Dh'ision 4--Extension of protection to foreign countries 257 
248U Application to foreign countries 
248V Denial of protection to citizens of countries not giving adequate protection to 
Australian performances 
Part XII-Regulations 259 
249 Regulations 
The Schedule 260 
22. Subsection I49A(3): 
Subsection (l) (definition of the Croom): 
Paragraph (3)(e): 
Paragraph (3)(n): 
Subsection (11): 
An Act relating to copyright and the protection of certain performances, and for other 
purposes 
Do not delete: Chapter placeholder 
Part I-Preliminary 
Do not delete: Division placeholder 
1 Short title [see Note 1] 
This Act may be cited as the Copyright Act 1968. 
2 Commencement [see Note 1] 
This Act shall come into operation on a date to be fixed by Proclamation. 
4 Extension to external Territories 
This Act extends to every external Territory. 
5 Exclusion of Imperial Copyright Act, 1911 
(1) This Act operates to the exclusion of the Copyright Act, 1911. 
(2) For the purposes of section 8 of the Acts Interpretation Act 1901-1966, the 
Copyright Act, 1911 shall be deemed to be an Act passed by the Parliament of the 
Commonwealth and to be repealed by this Act, and the enactment of Part XI sh,all 
not be taken to affect the operation of section 8 of the Acts Interpretation Act 1901-IP/N/lIAUS/CIl 
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1966 as it operates by virtue of this subsection in relation to matters to which that 
Part does not apply. 
6 Repeal of Copyright Acts 
The following Acts are repealed: 
Copyright Act 1912; 
Copyright Act 1933; 
Copyright Act 1935; 
Copyright Act 1963. 
7 Act to bind the Crown 
Subject to Part VII, this Act binds the Crown but nothing in this Act renders the 
Crown liable to be prosecuted for an offence. 
8 Copyright not to subsist except by virtue of this Act 
Subject to section 8A, copyright does not subsist otherwise than by virtue of this 
Act. 
8"l\ Prerogative rights of the Cro\vn in the nature of copyright 
(1) Subject to subsection (2), this Act does not affect any prerogative right or 
privilege of the Cro\\n. 
(2) Where a right or privilege of the Crown by way of copyright subsists in a work 
or published edition of a \vork, a person does not infringe that right or privilege by 
doing, or authorizing the doing of, an act in relation to the \vork or edition without 
the licence of the Crown if, assuming that that right or privilege of the Crown did 
not subsist in the work or edition, but copyright subsisted under this Act in the work 
or edition and \vas owned by a person other than the Crown, the person would not 
infringe the copyright of that owner in the work or edition by doing, or by 
authorizing the doing of, that act \vithout the licence of the owner. 
(3) Nothing in subsection (2) shall be taken to limit the duration of the right or 
privilege of the Crown by way of copyright in a work or published edition of a 
\vork. 
9 Operation of other la":5 
(1) This Act does not affect the right of, or of a person deriving title directly or 
indirectly from, the Commonwealth or a State to sell, use or otherwise deal with 
articles that have been, or are, forfeited under a law of the Commonwealth or of the 
State. 
(3) This Act does not affect the operation of the law relating to breaches of trust or 
confidence. 
Part II-Interpretation 
Do not delete: Dh:ision placeholder 
10 Interpretation 
(I) In this Act, unless the contrary intention appears: 
adaptation means: 
(a) in relation to a literary work in a non-dramatic form a version of the 
work (whether in its original language or in a different language) in a dramatic 
form; 
(b) in relation to a literary \vork in a dramatic fonn a version of the work 
(v • .-hether in its original language or in a different language) in a non-dramatic 
form; IPINllIAUS/CIl 
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(ba) in relation to a literary work being a computer program-a version of 
the work (whether or not in the language, code or notation in which the work 
\-vas originally expressed) not being a reproduction of the work; 
(c) in relation to a literary work (whether in a non-dramatic form or in a 
dramatic form): 
(i) a translation of the work; or 
(ii) a version of the work in which a story or action is conveyed 
solely or principally by means of pictures; and 
(d) in relation to a musical work-an arrangement or transcription of the 
work. 
approved label means a label approved under: 
(a) Part 2 of the Agvet Code ofa State or of the Northern Territory; or 
(b) Part 2 of the Agvet Code of the participating Territories within the 
meaning of the Agricultural and Veterinary Chemicals Act 1994. 
archives means: 
(a) archival material in the custody of: 
(i) the Australian Archives; 
(ii) the Archives Office of New South \Vales established by the 
Archives Act 1960 of the State of New South \Vales; 
(iii) the Public Record Office established by the Public Records Act 
1973 of the State of Victoria; or 
(iv) the Archives Office of Tasmania established by the Archives Act 
1965 of the State of Tasmania; or 
(b) a collection of documents or other material to which this paragraph 
applies by virtue of subsection (4). 
artistic work means: 
(a) a painting, sculpture, drawing~ engraving or photograph, \vhether the 
\vork is of artistic quality or not; 
(b) a building or a model of a building, whether the building or model is of 
artistic quality or not; or 
(c) a \vork of artistic craftsmanship to which neither of the last two 
preceding paragraphs applies; 
but does not include a circuit layout within the meaning of the Circuit Layouts Act 
1989. 
Australia includes the external Territories. 
Australian protected person means a person who, by virtue of regulations in force 
under the Nationality and Citi=enship Act 1948-1967, is, for the purposes of that 
Act, under the protection of the Australian Government. 
author, in relation to a photograph, means the person who took the photograph. 
authorized o/jicer, in relation to a library or archives, means the officer in charge of 
that library or archives or a person authorized by that officer to act on his or her 
behalf. 
broadcast means transmit by wireless telegraphy to the public. 
building includes a structure of any kind. 
calendar year means a period of 12 months commencing on 1 January. 
chemical product has the same meaning as in the Schedule to the Agricultural and 
Veterinary Chemicals Code Act 1994. 
cinematographji/m means the aggregate of the visual images embodied in an 
article or thing so as to be capable by the use of that article or thing: (a) of being shovro as a moving picture; or IP/N/IIAUS/C/l 
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(b) of being embodied in another article or thing by the use of which it can 
be so shown; 
and includes the aggregate of the sounds embodied in a sound-track associated with 
such visual images. 
conlputer program means an expression, in any language, code or notation, of a set 
of instructions (whether with or without related information) intended, either 
directly or after either or both of the following: 
(a) conversion to another language, code.or notation; 
(b) reproduction in a different material form; 
to cause a device having digital information processing capabilities to perform a 
particular function. 
construction includes erection, and reconstruction has a corresponding meaning. 
copy, in relation to a cinematograph film, means any article or thing in which the 
visual images or sounds comprising the film are embodied. 
dramatic work includes: 
(a) a choreographic show or other dumb show; and 
(b) a scenario or script for a cinematograph film; 
but does not include a cinematograph film as distinct from the scenario or script for 
a cinematograph film. 
drawing includes a diagram, map, chart or plan. 
educational institlltion means: 
(a) a school or similar institution at which full-time primary education or 
full-time secondary education is provided or both full-time primary education 
and full-time secondary education are provided; 
(b) a university, a college of advanced education or a technical and further 
education institution; 
(c) an institution that conducts courses of primary, secondary or tertiary 
education by correspondence or on an external study basis; 
(d) a school of nursing in relation to which a notice published under 
su bsection 1 OA( 4) is in force; 
(e) an undertaking within a hospital, being an undertaking: 
(i) that conducts courses of study or training in the provision of 
medical services, or in the provision of services incidental to the 
provision of medical services; and 
(ii) in relation to which a notice published under subsection 1 OA( 4) 
is in force; 
Cf) a teacher education centre in relation to which a notice published under 
subsection lOA(4) is in force; 
(g) an institution that has, as its principal function, the provision of courses 
of study or training for the purpose of: 
(i) general education; 
(ii) the preparation of persons for a particular occupation or 
profession; or 
(iii) the continuing education of persons engaged in a particular 
occupation or profession; 
and in relation to \vhich a declaration under paragraph 1 OA( 1 )(b) is in force; IPINIlIAUS/C/I 
Page 14 
(h) an undertaking within a body administering an educational institution of 
a kind referred to in a preceding paragraph of this definition, being an 
undertaking: 
(i) that has as its principal function, or as one of its principal 
functions, the provision of teacher training for persons engaged as 
instructors in educational institutions of such a kind, or of2 or more such 
kinds; and 
(ii) in relation to \vhich a declaration under paragraph IOA(l)(b) is 
in force; or 
0) an institution, or an undertaking within a body administering an 
educational institution of a kind referred to in a preceding paragraph of this 
definition, being an institution or undertaking: 
(i) that has as its principal function, or as one of its principal 
functions, the furnishing of material to educational institutions of a kind 
referred to in a preceding paragraph of this definition, or to educational 
institutions of2 or more such kinds, for the purpose of assisting those 
institutions in their teaching purposes; and 
(ii) in relation to \vhich a declaration under paragraph IOA(I)(b) is 
in force; 
but does not include an institution that is conducted for the profit, direct or indirect, 
of an individual or individuals. 
engraving includes an etching, lithograph, product of photogravure, woodcut, print 
or similar work, not being a photograph. 
e.:'Cc/usive licence means a licence in writing, signed by or on behalf of the owner or 
prospective owner of copyright, authorizing the licensee, to the exclusion of all 
other persons, to do an act that, by virtue of this Act, the owner of the copyright 
would, but for the licence, have the exclusive right to do, and e."(c/usive licensee has 
a corresponding meaning. 
future copyright means copyright to come into existence at a future time or upon 
the happening of a future event. 
handicapped reader means: 
(a) a blind person; 
(b) a person suffering severe impairment of his or her sight; 
( c) a person unable to hold or manipulate books or to focus or move his or 
her eyes; or 
(d) a person suffering from a perceptual handicap. 
infringing copy means: 
(a) in relation to a work-a reproduction of the work, or of an adaptation of 
the work, not being a copy of a cinematograph film of the work or adaptation; 
(b) in relation to a sound recording-a copy of the sound recording not 
being a sound-track associated with visual images forming part of a 
cinematograph film; 
(c) in relation to a cinematograph film-a copy of the film; 
(d) in relation to a television broadcast or a sound broadcast-a copy of a 
cinematograph film of the broadcast or a record embodying a sound recording 
of the broadcast; and 
(e) in relation to a published edition ofa work-a reproduction of the 
edition; IPJNIlI AUS/ell 
Page 15 
being an article the making of which constituted an infringement of the copyright in 
the work, recording, film, broadcast or edition or, in the case of an article imported 
without the licence of the owner of the copyright, would have constituted an 
infringement of that copyright if the article had been made in Australia by the 
importer, but does not include a non-infringing book \vhose importation does not 
constitute an infringement of that copyright under section 44A or 1 12A. 
institution includes an educational institution. 
institution assisting Jzandicapped readers means: 
(a) an educational institution; or 
(b) any other institution, not being an institution conducted for the profit, 
direct or indirect, of an individual or individuals, that has as its principal 
function, or one of its principal functions, the provision of literary or dramatic 
\vorks to handicapped readers and in relation to which a declaration under 
paragraph 1 OA( 1)( c) is in force. 
institution assisting intellectually handicapped persons means: 
(a) an educational institution; or 
(b) any other institution, not being an institution conducted for the profit, 
direct or indirect, of an individual or individuals, that has as its principal 
function, or one of its principal functions, the provision of assistance to 
intellectually handicapped persons and in relation to which a declaration under 
paragraph 1 OA( 1)( d) is in force. 
international organization to which this Act applies means an organization that is 
declared by regulations made for the purposes of section 186 to be an international 
organization to which this Act applies, and includes: 
(a) an organ of, or office within, an organization that is so declared; and 
(b) a commission, council or other body established by such an organization 
or organ. 
judicial proceeding means a proceeding before a court, tribunal or person having by 
law power to hear, receive and examine evidence on oath. 
law of the Commonwealth includes a law of a Territory. 
literary work includes: 
(a) a table, or compilation, expressed in words, figures or symbols (whether 
or not in a visible fonn); and 
(b) a computer program or compilation of computer programs. 
manuscript, in relation to a \\'ork, means an original document embodying the work, 
\vhether written by hand or not. 
materialform, in relation to a work or an adaptation of a work, includes any form 
(whether visible or not) of storage from which the \vork or adaptation, or a 
substantial part of the work or adaptation, can be reproduced. 
non-infringing book means a book made (otherwise than under a compulsory 
licence) in a country specified in regulations made for the purposes of subsection 
184( 1), being a book ,,,"hose making did not constitute an infringement of any 
copyright subsisting in a work, or in a published edition of a work, under a law of 
that country. 
officer in charge means: 
(a) in relation to archives-the archivist or other person having, for the time 
being, immediate care and control of the collection comprising the archives; 
and IP/N/II AUS/C/I 
Page 16 
(c) in relation to a library-the librarian or other person having, for the time 
being, immediate care and control of the collection comprising the library. 
pJzotograplz means a product of photography or of a process similar to photography, 
other than an article or thing in which visual images fonning part of a 
cinematograph film have been embodied, and includes a product of xerography, and 
pJzotographic has a corresponding meaning. 
plate includes a stereotype, stone, block, mould, matrix, transfer, negative or other 
similar appliance. 
prospective owner means: 
(a) in relation to a future copyright that is not the subject of an agreement of 
a kind referred to in subsection 19( 1 }-the person who will be the owner of 
the copyright on its coming into existence; or 
(b) in relation to a future copyright that is the subject of such an 
agreement-the person in whom, by virtue of that subsection, the copyright 
will vest on its coming into existence. 
record means a disc, tape, paper or other device in which sounds are embodied. 
sculpture includes a cast or model made for purposes of sculpture. 
sound broadcast means sounds broadcast otherwise than as part of a television 
broadcast. 
sound recording means the aggregate of the sounds embodied in a record. 
sound-track, in relation to visual images fonning part of a cinematograph film, 
means: 
(a) the part of any article or thing, being an article or thing in which those 
visual images are embodied, in \vhich sounds are embodied; or 
(b) a disc, tape or other device in which sounds are embodied and which is 
made available by the maker of the film for use in conjunction with the article 
or thing in \\'hich those visual images are embodied. 
sufficient acknowledgement, in relation to a \vork, means an ackno\vledgement 
identifying the work by its title or other description and, unless the work is 
anonymous or pseudonymous or the author has previously agreed or directed that an 
acknowledgement of his or her name is not to be made, also identifying the author. 
television broadcast means visual images broadcast by way of television, together 
with any sounds broadcast for reception along \vith those images. 
the A Ilstralian Broadcasting Commission means the Australian Broadcasting 
Commission that was established under the Broadcasting and Television Act 1942. 
the Australian Broadcasting Corporation means the Australian Broadcasting 
Corporation established under the Australian Broadcasting Corporation Act 1983. 
the Conzmonwealth includes the Administration of a Territory. 
the Copyright Act, 1911 means the Imperial Act kno\vn as the Copyright Act, 1911. 
tlze Copyright Tribunal or the Tribunal means the Copyright Tribunal established 
by Part VI, and includes a member of that Tribunal exercising powers of that 
Tribunal. 
tlze Crown includes the Crown in right of a State, the Cro\\n in right of the Northern 
Territory and the Crown in right of Norfolk Island and also includes the 
Administration of a Territory other than the Northern Territory or Norfolk Island. 
the National Librarian has the same meaning as in the National Library Act 1960-
1967. 
the National Library means the National Library established under the National 
Library Act 1960-1967. IP/N/l/ AUS/ell 
Page 17 
the Special Broadcasting Service means the Special Broadcasting Service that \vas 
referred to in section 5 of the Special Broadcasting Service Act 1991. 
the Special Broadcasting Service Corporation means the body corporate preserved 
and continued in existence as the Special Broadcasting Service Corporation under 
section 5 of the Special Broadcasting Service Act 1991. 
will includes a codicil. 
wireless telegraphy means the emitting or receiving, otherwise than over a path that 
is provided by a material substance, of electromagnetic energy. 
wireless telegraphy apparatus means an appliance or apparatus for the purpose of 
transmitting or receiving sounds or visual images by means of wireless telegraphy. 
work means a literary, dramatic, musical or artistic work. 
work of joint authors/zip means a work that has been produced by the collaboration 
of nvo or more authors and in which the contribution of each author is not separate 
from the contribution of the other author or the contributions of the other authors. 
writing means a mode of representing or reproducing words, figures or symbols in a 
visible form, and written has a corresponding meaning. 
(IA) \Vithout limiting the meaning of the expression educational purposes in 
this ,Act, a copy of the whole or a part of a work or other subject-matter shall be 
taken, for the purposes of the provision in which the expression appears, to have 
been made, used or retained, as the case may be, for the educational purposes of an 
educational institution if: 
(a) it is made or retained for use, or is used, in connection with a particular 
course of instruction provided by the institution; or 
(b) it is made or retained for inclusion, or is included, in the collection of a 
library of the institution. 
(2) \Vithout limiting the meaning of the expression reasonable portion in this Act, 
\vhere a literary, dramatic or musical work is contained in a published edition of that 
work, being an edition of not less than 10 pages, a copy of part of that work, as it 
appears in that edition, shall be taken to contain only a reasonable portion of that 
work if the pages that are copied in the edition: 
(a) do not exceed, in the aggregate, 10% of the number of pages in that 
edition; or 
(b) in a case where the work is divided into chapters exceed, in the 
aggregate, 10% of the number of pages in that edition but contain only the 
whole or part of a single chapter of the work. 
(3) In this Act, unless the contrary intention appears: 
(a) a reference to the body administering an institution shall be read as: 
(i) in a case where the institution is a body corporate-a reference 
to the institution; or 
(ii) in any other case-a reference to the body or person (including 
the Crown) having ultimate responsibility for the administration of the 
institution; 
(b) a reference to the body administering a library or archives shall be read 
as a reference to the body (\vhether incorporated or not), or the person 
(including the Cro\\-n), having ultimate responsibility for the administration of 
the library or archives; 
(c) a reference to a copy of a sound recording shall be read as a reference to 
a record embodying a sound recording or a substantial part of a sound IP/N/lIAUS/C/l 
Page 18 
recording being a record derived directly or indirectly from a record produced 
upon the making of a sound recording; 
( e) a reference to the Crown in right of a State shall be read as including a 
reference to the Crown in right of the Northern Territory and the Crown in 
right of Norfolk Island; 
(f) a reference to the custodian in charge of the copying records of an 
educational institution, an institution assisting handicapped readers or an 
institution assisting intellectually handicapped persons shall be read as a 
reference to the person having responsibility for the day-to-day administration 
of the institution; 
(g) a reference to the making, by reprographic reproduction, of a copy of a 
document, or of the whole or a part of a work, shall be read as a reference to 
the making of a facsimile copy of the document or the whole or that part of the 
work, being a facsimile copy of any size or fonn; 
(h) a reference to a handicapped reader's copy of a work, or of a part of a 
work, shall be read as a reference to: 
(i) a record embodying a sound recording of the work, or of the part 
of the work, being a record that was made by, or on behalf of, the body 
administering an institution assisting handicapped readers for use by a 
handicapped reader for the purpose of research or study that he or she is 
undertaking or proposes to undertake or for the purpose of instructing 
himself or herself on any matter; or 
(ii) a Braille version, large-print version or photographic version of 
the work, or of the part of the work, being a Braille version, large-print 
version or photographic version, as the case may be~ made by, or on 
behalf of, the body administering the institution assisting handicapped 
readers for use by a handicapped reader for the purpose of research or 
study that he or she is undertaking or proposes to undertake or for the 
purpose of instructing himself or herself on any maner; 
(ha) a reference to an intellectually handicapped person's copy, in relation to 
the whole or a part of an eligible item \vithin the meaning of Part VB, shall be 
read as a reference to a copy, within the meaning of that Part, of an eligible 
item, or of a part of an eligible item, as the case may be, made by, or on behalf 
of, the body administering an institution assisting intellectually handicapped 
persons, being a copy that is made for the sole purpose of use in the provision, 
whether by the institution or otherwise, of assistance to an intellectually 
handicapped person or persons; 
U) a reference to a microform copy of the whole or a part of a work shall be 
read as a reference to a copy of the whole or a part of the \\!ork produced by 
miniaturizing the graphic symbols of\vhich the work is composed; 
(k) a reference to a periodical publication shall be read as a reference to an 
issue of a periodical publication and a reference to articles contained in the 
same periodical publication shall be read as a reference to articles contained in 
the same issue of that periodical publication; 
(I) a reference to a record embodying a sound recording shall be read as a 
reference to: 
(i) a record produced upon the making of a sound recording; or 
(ii) another record embodying the sound recording directly or 
indirectly derived from a record so produced; IPINIIIAUS/CIl 
Page 19 
(m) a reference to a relevant record, or a relevant declaration, in relation to 
the making, in reliance on a particular section (other than section 49): 
(i) of a copy, or a handicapped reader's copy, of the whole or a part 
ofa work; or 
(ia) of an intellectually handicapped person's copy of the whole or a 
part of an eligible item; or 
(ii) of a copy of a sound recording or a cinematograph film; 
shall be read as a reference to any record or declaration of a kind referred to in 
that section that is required by this Act to be made in relation to the making of 
that copy; 
(rna) a reference to a relevant declaration, in relation to the making, in 
reliance on section 49, of a copy of the whole or a part of a work, shall be read 
as a reference to: 
(i) in a case where the copy is made in reliance on subsection 
49(2}-a declaration of the kind referred to in subsection 49(1) that is 
furnished in relation to the making of the copy; 
(ii) in a case where the copy is made in reliance on subsection 
49(2C}-a declaration of the kind referred to in paragraph 49(2C)(b) that 
is made in relation to the making of the copy; or 
(iii) in any case-a declaration of the kind referred to in subsection 
49(5) that is made in relation to the making of the copy; and 
(n) a reference to a State shall be read as including a reference to the 
Northern Territory and Norfolk Island and a reference to a Territory shall be 
read as not including a reference to the Northern Territory or Norfolk Island. 
(4) \Vhere: 
(a) a collection of documents or other material of historical significance or 
public interest that is in the custody of a body, \vhether incorporated or 
unincorporated, is being maintained by the body for the purpose of conserving 
and preserving those documents or other material; and 
(b) the body does not maintain and operate the collection for the purpose of 
deriving a profit; 
paragraph (b) of the definition of arclzives in subsection (1) applies to that 
collection. 
lOA. Declarations and notices relating to certain bodies and institutions 
(1) The Attorney-General may, by notice in writing published in the Gazette: 
(b) declare an institution to be an educational institution for the purposes of 
this Act; 
(c) declare an institution to be, for the purposes of this Act, an institution 
assisting handicapped readers; or 
(d) declare an institution to be, for the purposes of this Act, an institution 
assisting intellectually handicapped persons. 
(2) The Attorney-General may, by notice in \vriting published in the Ga=ette, revoke 
a declaration made under subsection (1). 
(3) The Attorney-General shall cause a copy of a notice under subsection (1) or (2) 
to be laid before each House of the Parliament within 15 sitting days of that House 
after the notice is published in the Gazette. 
(4) The body administering an institution may cause to be published in the Gccette a 
notice that: 
(a) sets out full particulars of the name and address of the institution; and IPIN/l/ AUS/CIl 
Page 20 
(b) contains a statement to the effect that the notice is published for the 
purposes of this subsection. 
(5) The body administering an institution may cause to be published in the Gazette a 
notice revoking a notice published under subsection (4) in relation to the institution. 
(6) In this section, institution includes a school of nursing, an undertaking within a 
hospital, a teacher education centre and an undertaking within a body administering 
an educational institution. 
11 Residence in a country not affected by temporary absence 
For the purposes of this Act, a person who, at a material time, was ordinarily 
resident in a country (including Australia) but was temporarily absent from that 
country shall be treated as ifhe or she had been resident in that country at that time. 
12 References to Parliament 
A reference in this Act to a Parliament shall be read as a reference to the Parliament 
of the Commonwealth or of a State or a legislature of a Territory. 
13 Acts comprised in copyright 
(1) A reference in this Act to an act comprised in the copyright in a work or other 
subject-matter shall be read as a reference to any act that, under this Act, the owner 
of the cop)Tight has the exclusive right to do. 
(2) For the purposes of this Act, the exclusive right to do an act in relation to a 
work, an adaptation of a work or any other subject-matter includes the exclusive 
right to authorize a person to do that act in relation to that work, adaptation or other 
subject-matter. 
14 Acts done in relation to substantial part of ,york or other subject-matter deemed 
to be done in relation to the ,,,hole 
(1) In this Act, unless the contrary intention appears: 
(a) a reference to the doing of an act in relation to a work or other subject-
matter shall be read as including a reference to the doing of that act in relation 
to a substantial part of the work or other subject-matter; and 
(b) a reference to a reproduction, adaptation or copy of a \\lork shall be read 
as including a reference to a reproduction, adaptation or copy of a substantial 
part of the \\lork, as the case may be. 
(2) This section does not affect the interpretation of any reference in sections 32, 
177, 180, 187 and 198 to the publication, or absence of publication, of a work. 
15 References to acts done ,,,-ith licence of o,vner of copyright 
For the purposes of this Act, an act shall be deemed to have been done with the 
licence of the owner ofa copyright if the doing of the act was authorized by a 
licence binding the o\\ner of the copyright. 
16 References to partial assignment of copyright 
A reference in this Act to a partial assignment of copyright shall be read as a 
reference to an assignment of copyright that is limited in any way. 
17 Statutory employment 
For the purposes of this Act, the employment ofa person, or the employment ofa 
person as an apprentice, under a law of the Commonwealth or of a State but 
otherwise than under a contract of service or contract of apprenticeship shall be 
treated as if that employment \vere employment under a contract of service or 
employment under a contract of apprenticeship, as the case may be. 
18 Libraries established or conducted for profit IPlNllIAUS/CIl 
Page 21 
For the purposes of this Act, a library shall not be taken to be established or 
conducted for profit by reason only that the library is owned by a person carrying on 
business for profit. 
19 References to Copyright Act, 1911 
A reference in a provision of this Act to the Copyright Act, 1911, in relation to any 
time before the commencement of this Act, shall, for the purposes of the application 
of that provision in relation to a State or a Territory, be read as a reference to the 
Copyright Act, 1911 as it applied in that State or Territory at that time. 
20 Names under 'which \vork is published 
(1) A reference in this Act to the name or names under which a work was published 
shall be read as a reference to the name or names specified in the work as the name 
of the author or the names of the authors of the work. 
(2) For the purposes of this Act, a publication of a work under two or more names 
shall not be taken to be pseudonymous unless all those names are pseudonyms. 
21 Reproduction of\vorks 
(1) For the purposes of this Act, a literary, dramatic or musical work shall be 
deemed to have been reproduced in a material form if a sound recording or 
cinematograph film is made of the work, and any record embodying such a 
recording and any copy of such a film shall be deemed to be a reproduction of the 
work. 
(2) The last preceding subsection applies in relation to an adaptation of a \vork in 
like manner as it applies in relation to a work. 
(3 ) For the purposes of this Act, an artistic \vork shall be deemed to have been 
reproduced: 
(a) in the case of a work in a two-dimensional form-if a version of the 
\vork is produced in a three-dimensional form; or 
(b) in the case of a work in a three-dimensional form-if a version of the 
work is produced in a two-dimensional form; 
and the version of the work so produced shall be deemed to be a reproduction of the 
work. 
(4) The last preceding subsection has effect subject to Division i of Part III. 
22 Provisions relating to the making of a ,york or other subject-matter 
(1) A reference in this Act to the time when, or the period during \vhich, a literary, 
dramatic, musical or artistic work was made shall be read as a reference to the time 
when, or the period during which, as the case may be, the work \vas first reduced to 
writing or to some other material form. 
(2) For the purposes of this Act, a literary, dramatic or musical work that exists in 
the form of sounds embodied in an article or thing shall be deemed to have been 
reduced to a material form and to have been so reduced at the time \vhen those 
sounds were embodied in that article or thing. 
(3) F or the purposes of this Act: 
(a) a sound recording shall be deemed to have been made at the time when 
the first record embodying the recording was produced; and 
(b) the maker of the sound recording is the person who owned that record at 
that time. 
(4) For the purposes of this Act: IP/N/lIAUS/CIl 
Page 22 
(a) a reference to the making of a cinematograph film shall be read as a 
reference to the doing of the things necessary for the production of the first 
copy of the film; and 
(b) the maker of the cinematograph film is the person by whom the 
arrangements necessary for the making of the film were undertaken. 
(5) For the purposes of this Act, a television broadcast or sound broadcast shall, 
subject to subsection (6), be deemed to have been made by the person by whom, at 
the time when, and from the place from which, the visual images or sounds 
constituting the broadcast, or both, as the case may be, were broadcast. 
(6) Where a television broadcast or sound broadcast made by a person from a 
satellite, wherever located, consists of material transmitted from the earth to the 
satellite (whether directly or by means of another satellite) the broadcast shall, for 
the purposes of this Act, be deemed to have been made by the person at the time 
when, and from the place from which, the material was so transmitted from the 
earth. 
23 Sound recordings and records 
(1) For the purposes of this Act, sounds embodied in a sound-track associated with 
visual images forming part of cinematograph film shall be deemed not to be a sound 
recording. 
(2) A reference in this Act to a record of a work or other subject-matter shall, unless 
the contrary intention appears, be read as a reference to a record by means of which 
the work or other subject-matter can be performed. 
24 References to sounds and visual images embodied in an article 
For the purposes of this Act, sounds or visual images shall be taken to have been 
embodied in an article or thing if the article or thing has been so treated in relation 
to those sounds or visual images that those sounds or visual images are capable, 
with or without the aid of some other device, of being reproduced from the article or 
thing. 
25 Provisions relating to broadcasting 
(1) A reference in this Act to broadcasting shall, unless the contrary intention 
appears, be read as a reference to broadcasting whether by \vay of sound 
broadcasting or of television. 
(2) A reference in this Act to the doing of an act by the reception of a television 
broadcast or sound broadcast shall be read as a reference to the doing of that act by 
means of receiving a broadcast: 
(a) from the transmission by which the broadcast is made; or 
(b) from a transmission made otherwise than by way of broadcasting, but 
simultaneously with the transmission referred to in the last preceding 
paragraph; 
whether the reception of the broadcast is directly from the transmission concerned 
or from a re-transmission made by any person from any place. 
(3) \Vhere a record embodying a sound recording or a copy of a cinematograph film 
is used for the purpose of making a broadcast (in this subsection referred to as the 
primary broadcast), a person who makes a broadcast (in this subsection referred to 
as the secondary broadcast) by receiving and simultaneously making a further 
transmission of: 
(a) the transmission by which the primary broadcast was made; or IP/N/lIAUS/CIl 
Page 23 
(b) a transmission made otherwise than by way of broadcasting but 
simultaneously with the transmission referred to in the last preceding 
paragraph; 
shall, for the purposes of this Act, be deemed not to have used the record or copy for 
the purpose of making the secondary broadcast. 
(4) In this Act: 
(a) a reference to a cinematograph film of a television broadcast shall be 
read as including a reference to a cinematograph film, or a photograph, of any 
of the visual images comprised in the broadcast; and 
(b) a reference to a copy of a cinematograph film of a television broadcast 
shall be read as including a reference to a copy of a cinematograph film, or a 
reproduction of a photograph, of any of those images. 
(5) In this section, re-transnzission means any re-transmission, whether over paths 
provided by a material substance or not, and includes a re-transmission made by 
making use of any article or thing in which the visual images or sounds constituting 
the broadcast, or both, as the case may be, have been embodied. 
26 References to transmission to subscribers to a diffusion service 
(I) A reference in this Act to the transmission of a ,york or other subject-matter to 
subscribers to a diffusion service shaH be read as a reference to the transmission of 
the work or other subject-matter in the course of a service of distributing broadcast 
or other matter (whether provided by the person operating the service or by other 
persons) over wires, or over other paths provided by a material substance, to the 
premises of subscribers to the service. 
(2) For the purposes of this Act, where a ,,,"ork or other subject-matter is so 
transmitted: 
(a) the person operating the service shall be deemed to be the person 
causing the \vork or other subject-matter to be so transmitted; and 
(b) no person other than the person operating the service shall be deemed to 
be causing the work or other subject-matter to be so transmitted, whether or 
not he or she provides any facilities for the transmission. 
(3) For the purposes of the application of this section, a service of distributing 
broadcast or other matter shall be disregarded where the service is only incidental to 
a business of keeping or letting premises at which persons reside or sleep, and is 
operated as part of the amenities provided exclusively for residents or inmates of the 
premises or for those residents or inmates and their guests. 
(4) A reference in this section to the person operating a service of distributing 
broadcast or other matter shall be read as a reference to the person who, in the 
agreements with subscribers to the service, undertakes to provide them ''lith the 
service, whether he is the person who transmits the broadcast or other matter or not. 
(5) \Vhere a service of distributing matter over wires or over other paths provided by 
a material substance is only incidental to, or part of, a service of transmitting 
telegraphic or telephonic communications, a subscriber to the last-mentioned 
service shall be taken, for the purposes of this section, to be a subscriber to the first­
mentioned service. 
27 Performance 
(1) Subject to this section, a reference in this Act to perfonnance shall: 
(a) be read as including a reference to any mode of visual or aural 
presentation, whether the presentation is by the operation of wireless IP/N/II AUS/C/I 
Page 24 
telegraphy apparatus, by the exhibition of a cinematograph film, by the use of 
a record or by any other means; and 
(b) in relation to a lecture, address, speech or sennon-be read as including 
a reference to delivery; 
and a reference in this Act to performing a work or an adaptation of a 'vork has a 
corresponding meaning. 
(2) For the purposes of this Act, broadcasting, or the causing of a work or other 
subject-matter to be transmitted to subscribers to a diffusion service, shall be 
deemed not to constitute performance or to constitute causing visual images to be 
seen or sounds to be heard. 
(3) \Vhere visual images or sounds are displayed or emitted by any receiving 
apparatus to which they are conveyed by the transmission of electromagnetic signals 
(whether over paths provided by a material substance or not), the operation of any 
apparatus by which the signals are transmitted, directly or indirectly, to the 
receiving apparatus shall be deemed not to constitute performance or to constitute 
causing visual images to be seen or sounds to be heard but, in so far as the display 
or emission of the images or sounds constitutes a performance, or causes the images 
to be seen or the sounds to be heard, the performance, or the causing of the images 
to be seen or sounds to be heard, as the case may be, shall be deemed to be effected 
by the operation of the receiving apparatus. 
(4) \Vithout prejudice to the last two preceding subsections, where a work or an 
adaptation of a work is performed or visual images are caused to be seen or sounds 
to be heard by the operation of any apparatus referred to in the last preceding 
subsection or of any apparatus for reproducing sounds by the use of a record, being 
apparatus provided by or with the consent of the occupier of the premises where the 
apparatus is situated, the occupier of those premises shall, for the purposes of this 
Act, be deemed to be the person giving the performance or causing the images to be 
seen or the sounds to be heard, whether he or she is the person operating the 
apparatus or not. 
(5) This section does not apply to a performance within the meaning of Part XIA. 
28 Performance of 'works or other subject-matter in the course of educational 
instruction 
(I) \Vhere a literary, dramatic or musical 'vork: 
(a) is performed in class, or otherwise in the presence of an audience; and 
(b) is so performed by a teacher in the course of giving educational 
instruction, not being instruction given for profit, or by a student in the course 
of receiving such instruction; 
the performance shall, for the purposes of this Act, be deemed not to be a 
performance in public if the audience is limited to persons who are taking part in the 
instruction or are otherwise directly connected \vith the place where the instruction 
is given. 
(2) For the purposes of the last preceding subsection, educational instruction given 
by a teacher at a place of education that is not conducted for profit shall not be taken 
to be given for profit by reason only that the teacher receives remuneration for 
giving the instruction. 
(3 ) For the purposes of subsection (I), a person shall not be taken to be directly 
connected with a place where instruction is given by reason only that he or she is a 
parent or guardian of a student who receives instruction at that place. IPINIlIAUS/CIl 
Page 25 
(4) The last three preceding subsections apply in relation to sound recordings and 
cinematograph films in like manner as they apply in relation to literary, dramatic 
and musical works but, in the application of those subsections in relation to such 
recordings or films, any reference to performance shall be read as a reference to the 
act of causing the sounds concerned to be heard or the visual images concerned to 
be seen. 
29 Publication 
(1) Subject to this section, for the purposes of this Act: 
(a) a literary, dramatic, musical or artistic work, or an edition of such a 
work, shall be deemed to have been published if, but only if, reproductions of 
the work or edition have been supplied (whether by sale or otherwise) to the 
public; 
(b) a cinematograph film shall be deemed to have been published if, but 
only if, copies of the film have been sold, let on hire, or offered or exposed for 
sale or hire, to the public; and 
(c) a sound recording shall be deemed to have been published if, but only if, 
records embodying the recording or a part of the recording have been supplied 
(whether by sale or otherwise) to the public. 
(2) In determining, for the purposes of paragraph (1)(a), whether reproductions of a 
work or edition have been supplied to the public, section 14 does not apply. 
(3) For the purposes of this Act, the performance of a literary, dramatic or musical 
work, the supplying (whether by sale or otherwise) to the public of records ofa 
literary, dramatic or musical work, the exhibition of an artistic work, the 
construction of a building or of a model of a building, or the supplying (whether by 
sale or otherwise) to the public of photographs or engravings of a building, of a 
model of a building or of a sculpture, does not constitute publication of the work. 
(4) A publication that is merely colourable and is not intended to satisfy the 
reasonable requirements of the public shall be disregarded for the purposes of this 
Act except in so far as it may constitute an infringement of cOPITight or a breach of 
a duty under Part IX. 
(5) For the purposes of this Act, a publication in Australia or in any other country 
shall not be treated as being other than the first publication by reason only of an 
earlier publication elsewhere, if the two publications took place \",-ithin a period of 
not more than thirty days. 
(6) In determining, for the purposes of any provision of this Act: 
(a) \vhether a work or other subject-matter has been published; 
(b) whether a publication of a work or other subject-matter was the first 
publication of the work or other subject-matter; or 
(c) whether a work or other subject-matter was published or othenvise dealt 
with in the life-time of a person; 
any unauthorized publication or the doing of any other unauthorized act shall be 
disregarded. 
(7) Subject to section 52, a publication or other act shall, for the purposes of the last 
preceding subsection, be taken to have been unauthorized if, but only if: 
(a) copyright subsisted in the work or other subject-matter and the act 
concerned was done otherwise than by, or with the licence of, the o\\-ner of the 
copyright; or 
(b) copyright did not subsist in the work or other subject-matter and the act 
concerned was done othenvise than by, or with the licence of: IPINI 1 IAUS/CI 1 
Page 26 
(i) the author or, in the case of a sound recording, cinematograph 
film or edition of a work, the maker or publisher, as the case may be; or 
(ii) persons lawfully claiming under the author, maker or publisher. 
(8) Nothing in either of the last two preceding subsections affects any provisions of 
this Act relating to the acts comprised in a copyright or to acts constituting 
infringements of copyrights or any provisions of Part IX. 
30 O\vnership of copyright for particular purposes 
In the case of a copyright of which (whether as a result of a partial assignment or 
otherwise) different persons are the owners in respect of its application to: 
(a) the doing of different acts or classes of acts; or 
(b) the doing of one or more acts or classes of acts in different countries or 
at different times; 
the owner of the copyright, for any purpose of this Act, shall be deemed to be the 
person who is the owner of the copyright in respect of its application to the doing of 
the particular act or class of acts, or to the doing of the particular act or class of acts 
in the particular country or at the particular time, as the case may be, that is relevant 
to that purpose, and a reference in this Act to the prospective o\vner of a future 
copyright of which different persons are the prospective owners has a corresponding 
meaning. 
30A Commercial rental arrangement 
(1) In this Act, the expression commercial rental arrangement, in relation to a work 
reproduced in a sound recording, signifies an arrangement that has the following 
features: 
(a) however the arrangement is expressed, it is in substance an arrangement 
under which a copy of the sound recording is made available by a person on 
terms that it will or may be returned to the person; 
(b) the arrangement is made in the course of the conduct of a business; 
( c) the arrangement provides for the copy to be made available: 
(i) for payment in money or money's worth; or 
(ii) as part of the provision of a service for \vhich payment in money 
or money's worth is to be made. 
(2) In this Act, the expression commercial rental arrangement, in relation to a 
sound recording or a computer program, signifies an arrangement that has the 
following features: 
(a) however the arrangement is expressed, it is in substance an arrangement 
under which a copy of the sound recording or computer program is made 
available by a person on tenns that it will or may be returned to the person; 
(b) the arrangement is made in the course of the conduct of a business; 
(c) the arrangement provides for the copy to be made available: 
(i) for payment in money or money's worth; or 
(ii) as part of the provision of a service for which payment in money 
or money's worth is to be made. 
(3) It is not the intention of the Parliament that a lending arrangement should be 
regarded as a commercial rental arrangement for the purposes of subsection (1) or 
(2). 
(4) An arrangement is to be regarded as a lending arrangement if, regardless of the 
way in which the arrangement is expressed, the true nature of the arrangement is 
that it is an arrangement for the lending of a copy of a sound recording or computer IPlNllIAUS/C/l 
Page 27 
program under which no amount, other than a deposit to secure the return of the 
copy, is payable. 
Part III-Copyright in Original Literary, Dramatic, Musical 
and Artistic Works 
Division I-Nature, Duration and O\vnership of Copyright in Works 
31 Nature of copyright in original 'works 
(1) For the purposes of this Act, unless the contrary intention appears, copyright, in 
relation to a work, is the exclusive right: 
(a) in the case of a literary, dramatic or musical work, to do all or any of the 
following acts: . 
(i) to reproduce the work in a material form; 
(ii) to publish the ,York; 
(iii) to perfonn the work in public; 
(iv) to broadcast the work; 
(v) to cause the ,york to be transmitted to subscribers to a diffusion 
service; 
(vi) to make an adaptation of the work; 
(vii) to do, in relation to a work that is an adaptation of the first-
mentioned work, any of the acts specified in relation to the first­
mentioned work in subparagraphs (i) to (v), inclusive; and 
(b) in the case of an artistic work, to do all or any of the following acts: 
(i) to reproduce the work in a material fonn; 
(ii) to publish the work; 
(iii) to include the work in a television broadcast; 
(iv) to cause a television programme that includes the \vork to be 
transmitted to subscribers to a diffusion service; and 
(c) in the case ofa literary work (other than a computer program) or a 
musical or dramatic work, to enter into a commercial rental arrangement in 
respect of the \vork reproduced in a sound recording; and 
(d) in the case of a computer program, to enter into a commercial rental 
arrangement in respect of the program. 
(2) The generality of subparagraph (l)(a)(i) is not affected by subparagraph 
(l)(a)(vi). 
(3) Paragraph (l)(d) does not extend to entry into a commercial rental arrangement 
in respect of a machine or device in which a computer program is embodied if the 
program is not able to be copied in the course of the ordinary use of the machine or 
device. 
(4) The reference in subsection (3) to a device does not include a device of a kind 
ordinarily used to store computer programs (for example, a floppy disc, a device of 
the kind commonly known as a CD ROM, or an integrated circuit). 
(5) Paragraph (l)(d) does not extend to entry into a commercial rental arrangement 
if the computer program is not the essential object of the rental. 
(6) Paragraph (l)(c) does not extend to entry into a commercial rental arrangement 
if: 
(a) the copy of the sound recording concerned was purchased by a person 
(the record owner) before the commencement of Part 2 of the Copyright 
(JVorld Trade Organization Amendments) Act 1994; and IP/NIIIAUS/C/l 
Page 28 
(b) the commercial rental arrangement is entered into in the ordinary course 
of a business conducted by the record owner; and 
(c) the record owner was conducting the same business, or another business 
that consisted of, or included, the making of commercial rental arrangements 
of the same kind, when the copy was purchased. 
(7) Paragraph (l)(d) does not extend to entry into a commercial rental arrangement 
in respect of a computer program if: 
(a) the copy of the computer program \vas purchased by a person (the 
program owner) before the commencement of Part 2 of the Copyright (World 
Trade Organization Amendments) Act 1994; and 
(b) the commercial rental arrangement is entered into in the ordinary course 
of a business conducted by the program owner; and 
(c) the program owner was conducting the same business, or another 
business that consisted of, or included, the making of commercial rental 
arrangements in respect of computer programs, when the copy was purchased. 
32 Original 'works in lvhich copyright subsists 
(1) Subject to this Act, cop)Tight subsists in an original literary, dramatic, musical 
or artistic \vork that is unpublished and of \vhich the author: 
(a) was a qualified person at the time when the work was made; or 
(b) if the making of the work extended over a period-was a qualified 
person for a substantial part of that period. 
(2) Subject to this Act, where an original literary, dramatic, musical or artistic work 
has been published: 
(a) copyright subsists in the work; or 
(b) if copyright in the work subsisted immediately before its first 
publication-<opyright continues to subsist in the work; 
if, but only if: 
(c) the first publication of the work took place in Australia; 
(d) the author of the \vork was a qualified person at the time when the \vork 
\vas first published; or 
(e) the author died before that time but was a qualified person immediately 
before his or her death. 
(3) Notwithstanding the last preceding subsection but subject to the remaining 
provisions of this Act, copyright subsists in: 
(a) an original artistic work that is a building situated in Australia; or 
(b) an original artistic work that is attached to, or fonns part of, such a 
building. 
(4) In this section, qualified person means an Australian citizen, an Australian 
protected person or a person resident in Australia. 
33 Duration of copyright in original 'works 
(1) This section has effect subject to subsection 32(2) and to section 34. 
(2) Subject to this section, where, by virtue of this Part,copyright subsists in a 
literary, dramatic or musical work, or in an artistic \vork other than a photograph, 
that copyright continues to subsist until the expiration of 50 years after the 
expiration of the calendar year in which the author of the work died. 
(3) If, before the death of the author ofa literary, dramatic or musical work: 
(a) the \vork had not been published; 
(b) the work had not been performed in public; ( c) the work had not been broadcast; and IP/N/ll ADS/CII 
Page 29 
(d) records of the work had not been offered or exposed for sale to the 
public; 
the copyright in the work continues to subsist until the expiration of 50 years after 
the expiration of the calendar year in which the work is first published, performed in 
public, or broadcast, or records of the work are first offered or exposed for sale to 
the public, whichever is the earliest of those events to happen. 
(4) A reference in the last preceding subsection to the doing of an act in relation to a 
work shall be read as including a reference to the doing of that act in relation to an 
adaptation of the work. 
(5) If, before the death of the author of an engraving, the engraving had not been 
published, the copyright in the engraving continues to subsist until the expiration of 
50 years after the expiration of the calendar year in which the engraving is first 
published. 
(6) Copyright subsisting in a photograph by virtue of this Part continues to subsist 
until the expiration of 50 years after the expiration of the calendar year in which the 
photograph is first published. 
34 Duration of copyright in anonymous and pseudonymous "'orks 
(1) Subject to the next succeeding subsection, where the first publication of a 
literary, dramatic or musical work, or of an artistic work other than a photograph, is 
anonymous or pseudonymous, the last preceding section does not apply in relation 
to the work but any copyright subsisting in the work by virtue of this Part continues 
to subsist until the expiration of the period of 50 years after the expiration of the 
calendar year in which the work \vas first published. 
(2) The last preceding subsection does not apply in relation to a \vork if, at any time 
before the expiration of the period referred to in that subsection, the identity of the 
author of the \vork is generally kno\vn or can be ascertained by reasonable inquiry. 
35 O"'nership of copyright in original ,yorks 
(1) This section has effect subject to Parts VII and X. 
(2) Subject to this section, the author of a literary, dramatic, musical or artistic \vork 
is the o\vner of any copyright subsisting in the \vork by virtue of this Part. 
(3) The operation of any of the next three succeeding subsections in relation to 
copyright in a particular work may be excluded or modified by agreement. 
(4) \Vhere a literary, dramatic or artistic work is made by the author in pursuance of 
the terms of his or her employment by the proprietor of a ne\vspaper, magazine or 
similar periodical under a contract of service or apprenticeship and is so made for 
the purpose of publication in a newspaper, magazine or similar periodical, the 
proprietor is the owner of any copyright subsisting in the work by virtue of this Part 
in so far as the copyright relates to: 
(a) publication of the \vork in any ne\vspaper, magazine or similar 
periodical; 
(b) broadcasting the work; or 
(c) reproduction of the work for the purpose of its being so published or 
broadcast; 
but not otherwise. 
(5) Subject to the last preceding subsection, where: IP/N/lIAUS/CIl 
Page 30 
(a) a person makes, for valuable consideration, an agreement with another 
person for the taking of a photograph, the painting or drawing of a portrait or 
the making of an engraving by the other person; and 
(b) the work is made in pursuance of the agreement; 
the first-mentioned person is the owner of any copyright subsisting in the work by 
virtue of this Part, but, ifat the time the agreement \vas made that person made 
known, expressly or by implication, to the author of the work the purpose for which 
the work \vas required, the author is entitled to restrain the doing, otherwise than for 
that purpose, of any act comprised in the cop)Tight in the work. 
(6) \Vhere a literary, dramatic or artistic work to \vhich neither of the last two 
preceding subsections applies, or a musical work, is made by the author in 
pursuance of the terms of his or her employment by another person under a contract 
of service or apprenticeship, that other person is the owner of any copyright 
subsisting in the work by virtue of this Part. 
Division 2-Infringement of Copyright in Works 
36 Infringement by doing acts comprised in the copyright 
(1) Subject to this Act, the copyright in a literary, dramatic, musical or artistic work 
is infringed by a person who, not being the o\yner of the copyright, and without the 
licence of the owner of the copyright, does in Australia, or authorizes the doing in 
Australia of, any act comprised in the copyright. 
(2) The next three succeeding sections do not affect the generality of the last 
preceding subsection. 
37 Infringement by importation for sale or hire 
Subject to section 44A, the copyright in a literary, dramatic, musical or artistic work 
is infringed by· a person who, without the licence of the owner of the copyright, 
imports an article into Australia for the purpose of: 
(a) selling~ letting for hire, or by way of trade offering or exposing for sale 
or hire, the article; 
(b) distributing the article: 
(i) for the purpose of trade; or 
(ii) for any other purpose to an extent that will affect prejudicially 
the owner of the copyright; or 
(c) by way of trade exhibiting the article in public; 
if the importer kne\v, or ought reasonably to have known, that the making of the 
article would, if the article had been made in Australia by the importer, have 
constituted an infringement of the copyright. 
38 Infringement by sale and other dealings 
(1) Subject to section 44A, the copyright in a literary, dramatic, musical or artistic 
work is infringed by a person who, in Australia, and without the licence of the 
owner of the copyright: 
(a) sells, lets for hire, or by \vay of trade offers or exposes for sale or hire, 
an article; or 
(b) by way of trade exhibits an article in public; 
if the person knew, or ought reasonably to have known, that the making of the 
article constituted an infringement of the copyright or, in the case of an imported 
article, would, if the article had been made in Australia by the importer, have 
constituted such an infringement. 
(2) For the purposes of the last preceding subsection, the distdbution of any articles: (a) for the purpose of trade; or IP/N/lIAUS/CIl 
Page 31 
(b) for any other purpose to an extent that affects prejudicially the owner of 
the copyright concerned; 
shall be taken to be the sale of those articles. 
39 Infringement by permitting place of public entertainment to be used for 
performance of work 
(1) The copyright in a literary, dramatic or musical work is infringed by a person 
who permits a place of public entertainment to be used for the performance in 
public of the work, where the performance constitutes an infringement of the 
copyright in the work. 
(2) This section does not apply where the person permitting the place to be so used 
establishes: 
(a) that he or she was not aware, and had no reasonable grounds for 
suspecting, that the performance would be an infringement of the copyright; or 
(b) that he or she gave the permission gratuitously, or for a consideration 
that was only nominal or, if more than nominal, did not exceed a reasonable 
estimate of the expenses to be incurred by him or her by reason of the use of 
the place for the performance. 
(3) In this section, place of public entertainment includes any premises that are 
occupied principally for purposes other than public entertainment but are from time 
to time made available for hire for purposes of public entertainment. 
39A Infringing copies made on machines installed in libraries and archives 
\Vhere: 
(a) a person makes an infringing copy of, or of part of, a work on a machine 
for the making, by reprographic reproduction, of copies of documents, being a 
machine installed by or with the approval of the body administering a library 
or archives on the premises of the library or archives, or outside those 
premises for the convenience of persons using the library or archives; and 
(b) there is affixed to, or in close proximity to, the machine, in a place 
readily visible to persons using the machine, a notice of the prescribed 
dimensions and in accordance with the prescribed form; 
neither the body administering the library or archives nor the officer in charge of the 
library or archives shall be taken to have authorized the making of the infringing 
copy by reason only that the copy was made on that machine. 
Division 3-Acts not Constituting Infringements of Copyright in \Vorks 
40 Fair dealing for purpose of research or study 
(1) A fair dealing with a literary, dramatic, musical or artistic work, or \vith an 
adaptation of a literary, dramatic or musical work, for the purpose of research or 
study does not constitute an infringement of the copyright in the work. 
(IA) A fair dealing with a literary work (other than lecture notes) does not 
constitute an infringement of the copyright in the work if it is for the purpose of, or 
associated with, an approved course of study or research by an enrolled external 
student of an educational institution. 
(lB)In subsection ClA) the expression lecture notes means any literary \vork 
prod uced for the purpose of the course of study or research by a person lecturing or 
teaching in or in connection with the course of study or research. 
(2) For the purposes of this Act, the matters to \vhich regard shall be had, in 
detennining whether a dealing with a literary, dramatic, musical or artistic work or IP/NIIIAUS/CII 
Page 32 
with an adaptation of a literary, dramatic or musical work, being a dealing by way 
of copying the whole or a part of the work or adaptation, constitutes a fair dealing 
with the work or adaptation for the purpose of research or study include: 
(a) the purpose and character of the dealing; 
(b) the nature of the work or adaptation; 
(c) the possibility of obtaining the work or adaptation within a reasonable 
time at an ordinary commercial price; 
(d) the effect of the dealing upon the potential market for, or value of, the 
work or adaptation; and 
(e) in a case where part only of the work or adaptation is copied-the 
amount and substantiality of the part copied taken in relation to the whole 
,york or adaptation. 
(3) No!\vithstanding subsection (2), a dealing with a literary, dramatic or musical 
work, or with an adaptation of such a work, being a dealing by \vay of the copying, 
for the purposes of research or study: 
(a) if the work or adaptation comprises an article in a periodical 
publication-ofthe whole or a part of that work or adaptation; or 
(b) in any other case-of not more than a reasonable portion of the work or 
adaptation; 
shall be taken to be a fair dealing \vith that work or adaptation for the purpose of 
research or study. 
(4) Subsection (3) does not apply to a dealing by way of the copying of the whole or 
a part of an article in a periodical publication if another article in that publication, 
being an article dealing with a different subject matter, is also copied. 
41 Fair dealing for purpose of criticism or review 
A fair dealing with a literary, dramatic, musical or artistic work, or with an 
adaptation of a literary, dramatic or musical work, does not constitute an 
infringement of the cop)Tight in the work if it is for the purpose of criticism or 
review, whether of that work or of another work, and a sufficient acknowledgement 
of the \'lork is made. 
42 Fair dealing for purpose of reporting ne\vs 
(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an 
adaptation of a literary, dramatic or musical work, does not constitute an 
infringement of the copyright in the \vork if: 
(a) it is for the purpose of, or is associated with, the reporting of news in a 
newspaper, magazine or similar periodical and a sufficient acknovv'ledgement 
of the work is made; or 
(b) it is for the purpose of, or is associated with, the reporting of news by 
means of broadcasting or in a cinematograph film. 
(2) The playing of a musical work in the course of reporting news by means of 
broadcasting or in a cinematograph film is not a fair dealing with the \vork for the 
purposes of this section if the playing of the work does not fonn part of the news 
being reported. 
(3) This section applies ,vhere a literary, dramatic, musical or artistic ,York, or an 
adaptation of a literary, dramatic or musical work, is caused to be transmitted to 
subscribers to a diffusion service in like manner as it applies where such a work or 
adaptation is broadcast. 
43 Reproduction for purpose of judicial proceedings or professional advice IP/NIlIAUS/CIl 
Page 33 
(1) The copyright in a literary, dramatic, musical or artistic work is not infringed by 
anything done for the purposes of a judicial proceeding or of a report of a judicial 
proceeding. 
(2) A fair dealing with a literary, dramatic, musical or artistic work does not 
constitute an infringement of the copyright in the work if it is for the purpose of the 
giving of professional advice by a legal practitioner or patent attorney. 
43A Back-up copy of computer program 
(1) Subject to subsection (2), the copyright in a literary work being a computer 
program is not infringed by the making of a reproduction of the work, or of a 
computer program being an adaptation of the \vork, if: . 
(a) the reproduction is made by, or on behalf of, the o\\ner of the copy (in 
this section referred to as the original copy) from which the reproduction is 
made; and 
(b) the reproduction is made for the purpose only of being used, by or on 
behalf of the owner of the original copy, in lieu of the original copy in the 
event that the original copy is lost, destroyed or rendered unusable. 
(2) Subsection (1) does not apply to the making of a reproduction of a computer 
program, or of an adaptation of a computer program: 
(a) from an infringing copy of the computer program; or 
(b) contrary to an express direction by or on behalf of the owner of the 
copyright in the computer program given to the ov,:ner of the original copy not 
later than the time when the owner of the original copy acquired the original 
copy. 
(3) For the purposes of this section: 
(a) a reference to a copy of a computer program or of an adaptation of a 
computer program is a reference to any article in which the computer program 
or adaptation is reproduced in a material form; and 
(b) a reference to an express direction, in relation to a copy of a computer 
program or of an adaptation of a computer program, includes a reference to a 
clearly legible direction printed on the copy or on a package in which the copy 
is supplied. 
44 Inclusion of ,,,orks in collections for use by places of education 
(1) The copyright in a published literary, dramatic, musical or artistic work is not 
infringed by the inclusion of a short extract from the work: or, in the case of a 
published literary, dramatic or musical work, from an adaptation of the \vork, in a 
collection of literary, dramatic, musical or artistic works contained in a book, sound 
recording or cinematograph film and intended for use by places of education if: 
(a) the collection is described in an appropriate place in the book, on the 
label of each record embodying the recording or of its container, or in the film, 
as being intended for use by places of education; 
(b) the work or adaptation was not published for the purpose of being used 
by places of education; 
(c) the collection consists principally of matter in \vhich copyright does not 
subsist; and 
(d) a sufficient acknowledgement of the work or adaptation is made. 
(2) The last preceding subsection does not apply in relation to the cop)Tight in a 
work if, in addition to the extract concerned, 2 or more other extracts from, or from 
adaptations of, works (being works in which copyright subsists at the time when the IP/NIIIAUS/CI 1 
Page 34 
collection is published) by the author of the first-mentioned work are contained in 
that collection, or are contained in that collection taken together with every similar 
collection, ifany, of works intended for use by places of education and published by 
the same publisher within the period of 5 years immediately preceding the 
publication of the first-mentioned collection. 
44A Importation etc. of books 
(1) The copyright in an overseas \vork first published on or after the commencing 
day is not infringed by a person who, \vithout the. licence of the owner of the 
copyright, imports a non-infringing book into Australia for a purpose mentioned in 
paragraph 37(a), (b) or (c). 
(2) Subject to this section, the copyright in: 
(a) an overseas work first published before the commencing day; or 
(b) a work first published in Australia, whether before, on or after the 
commencing day; 
is not infringed by a person who, \vithout the licence of the o\\ner of the copyright, 
imports a copy (in this subsection called the imported copy) of a hardback or 
paperback version of a non-infringing book into Australia for a purpose mentioned 
in paragraph 37(a), (b) or (c) if: 
(c) the person had ordered in \vriting from the copyright o\vner, or the 
owner's licensee or agent, one or more copies of that version of the book (not 
being second-hand copies or more copies than were needed to satisfy the 
person's reasonable requirements); and 
(d) \vhen the person ordered the imported cop)" the original order 
mentioned in paragraph (c) had not been withdra\vn or cancelled by, or with 
the consent of, the person and: 
(i) at least 7 days had elapsed since the person placed the original 
order and the copyright owner, licensee or agent had not notified the 
person in writing that the original order would be filled within 90 days 
after it \vas placed; or 
(ii) at least 90 days had elapsed since the person placed the original 
order and the copyright o\vner, licensee or agent had not filled the order. 
(3) The copyright in a published \vork (whether first published before, on or after 
the commencing day) is not infringed by a person \y"ho, without the licence of the 
owner of the copyright, imports a single copy of a non-infringing book into 
Australia if the importation is for the purpose of filling a written order, or a 
verifiable telephone order, by a customer of the person and: 
(a) in the case of a written order, the order contains a statement, signed by 
the customer; or 
(b) in the case of a telephone order, the customer makes a verifiable 
statement; 
to the effect that the customer does not intend to use the book for a purpose 
mentioned in paragraph 37(a), (b) or (c). 
(4) The copyright in a published work (whether first published before, on or after 
the commencing day) is not infringed by a person who, without the licence of the 
owner of the copyright, imports 2 or more copies of a non-infringing book into 
Australia if: 
(a) the importation is for the purpose of filling a written order, or a 
verifiable telephone order, placed with the person by or on behalf of a library, IP/N/IIAUS/C/l 
Page 35 
other than a library conducted for the profit (direct or indirect) of a person or 
organisation; and 
(b) in the case of a written order-the order contains a statement, signed by 
the person placing the order, to the effect that the library does not intend to use 
any of the books for a purpose mentioned in paragraph 37(a), (b) or (c); and 
(c) in the case of a telephone order-the person placing the order makes a 
verifiable statement to the effect referred to in paragraph (b); and 
(d) the number of copies so imported is not more than the number of copies 
so ordered. 
(5) \Vithout limiting the ways in which a telephone order under subsection (3) or 
(4), or a statement under paragraph (3 )(b) or (4)( c) relating to such an order, may be 
verified, such an order or statement is, for the purposes of this section, taken to be 
verifiable if the person who takes the order, or to whom the statement is made, 
makes a written note of the details of the order or statement when, or immediately 
after, the order is placed, or the statement is made, as the case may be. 
(6) \Vhere: 
(a) a book is imported into Australia for a purpose mentioned in paragraph 
37(a), (b) or (c); and 
(b) the importation does not, under this section, constitute an infringement 
of copyright in a published work; 
the use of the book for any such purpose does not constitute an infringement of the 
copyright in the work and subsection 3 8( 1) does not apply to the book. 
(7) Subsection (2) does not apply to the importation of a copy of a hardback version 
of a non-infringing book into Australia if the copyright o\vner, or his or her licensee 
or agent, is able to supply in Australia enough copies ofa paperback version of the 
book to fill any reasonable order. 
(8) For the purposes of paragraph (2)(d), a copyright owner, licensee or agent is not 
taken to have filled an order by a person for one or more copies of a version of a 
book unless and until the copyright o\vner, licensee or agent sends the copy, or all of 
the copies, as the case requires, to the person. 
(9) In this section: 
book does not include: 
(a) a book \vhose main content is one or more musical works, with or 
without any related literary, dramatic or artistic work; or 
(b) a manual sold with computer software for use in connection with that 
software; or 
(c) a periodical publication. 
commencing day means the day on which the Copyright Amendment Act 1991 
commences. 
overseas work means a work: 
(a) that was first published in a country other than Australia; and 
(b) that was not published in Australia \vithin 30 days after its first 
publication in that other country. 
Note: A work may, for the purposes of this Act, be first published in Australia ifit is published in 
Australia \ ... ·ithin 30 days ofan earlier publication elsewhere. For the meaning of first publication, see 
section 29 and, in particular, subsection 29(5). 
44B Reproduction of 'writing on approved label for containers for chemical product IP/N/lIAUS/CIl 
Page 36 
The reproduction on a label on a container for a chemical product of any writing 
appearing on an approved label is not an infringement of any copyright subsisting 
under this Part in relation to that \vriting. 
Division 4-Acts not Constituting Infringements of Copyright in 
Literary, Dramatic and Musical Works 
45 Reading or recitation in public or for a broadcast 
The reading or recitation in public, or the inc1usio.n in a sound broadcast or 
television broadcast of a reading or recitation, of an extract of reasonable length 
from a published literary or dramatic work, or from an adaptation of such a work, 
does not constitute an infringement of the copyright in the work if a sufficient 
acknowledgement of the work is made. 
46 Performance at premises \,,"here persons reside or sleep 
\Vhere a literary, dramatic or musical work, or an adaptation of such a work, is 
performed in public, by the operation of wireless telegraphy apparatus or by the use 
of a record, at premises where persons reside or sleep, as part of the amenities 
provided exclusively for residents or inmates of the premises or for those residents 
or inmates and their guests, the performance does not constitute an infringement of 
the copyright in the work. 
47 Reproduction for purpose of broadcasting 
(1) \Vhere the broadcasting by a person of a literary, dramatic or musical work, or of 
an adaptation of such a work, would not (whether by reason of an assignment or 
licence or of the operation of a provision of this Act) constitute an infringement of 
the copyright in the work, but the making by the person of a sound recording or a 
cinematograph film of the ''lork or adaptation ,vould, apart from this subsection, 
constitute such an infringement, the copyright in the work is not infringed by the 
making by the person of such a recording or film solely for the purpose of the 
broadcasting of the work or adaptation. 
(2) The last preceding subsection does not apply in relation to a recording or film if 
a record embodying the recording or a copy of the film is used for a purpose other 
than: 
(a) the broadcasting of the ''lork or adaptation in circumstances that do not 
(whether by reason of an assignment or licence or of the operation of a 
provision of this Act) constitute an infringement of the copyright in the work; 
or 
(b) the making of further records embodying the recording or further copies 
of the film for the purpose of the broadcasting of the work or adaptation in 
such circumstances. 
(3) Subsection (1) does not apply in relation to a recording or film where a record 
embodying the recording or a copy of the film is used for the purpose of the 
broadcasting of the work or adaptation by a person who is not the maker of the 
recording or film unless the maker has paid to the owner of the copyright in the 
work such amount as they agree or, in default of agreement, has given an 
undertaking in writing to the owner to pay to the owner such amount as is 
determined by the Copyright Tribunal, on the application of either of them, to be 
equitable remuneration to the o\vner for the making of the recording or film. 
(4) A person who has given an undertaking referred to in the last preceding 
subsection is liable, when the Copyright Tribunal has determined the amount to 
\vhich the undertaking relates, to pay that amount to the o\vner of the copyright in IP/NIlIAUS/CIl 
Page 37 
the work and the owner may recover that amount in a court of competent 
jurisdiction from the person as a debt due to the owner. 
(5) Subsection (1) of this section does not apply in relation to a recording or film 
unless, before the expiration of the period of 12 months commencing on the day on 
which any of the records embodying the recording or any of the copies of the film is 
first used for broadcasting the work or adaptation in accordance with that 
subsection, or before the expiration of such further period, if any, as is agreed 
between the maker of the recording or film and the owner of the copyright in the 
work, all the records embodying the recording or all the copies of the film are 
destroyed or are delivered, with the consent of the Director-General of the 
Australian Archives, to the Australian Archives. 
(6) The Director-General of the Australian Archives shall not consent to the delivery 
to the Australian Archives in accordance with subsection (5) of a record embodying 
a recording or of a copy of a film unless he or she has certified that the recording or 
film is of an exceptional documentary character. 
47A Sound broadcasts by holders of print-handicapped radio licences 
(1) The making of a sound broadcast of, or of an adaptation of, a published literary 
or dramatic work does not constitute an infringement of copyright in the work if: 
(a) the broadcast is made by a person being the holder of a print-
handicapped radio licence and is made under the licence; and 
(b) there is made by or on behalf of the person, as soon as practicable after 
the making of the broadcast, a record of the making of the broadcast that: 
(i) sets out the time and date of the making of the broadcast; 
(ii) identifies the work; and 
(iii) contains particulars of such other matters in relation to the work 
or in relation to the broadcast as are prescribed. 
(2) For the purposes of paragraph (l)(b), a record of the making ofa broadcast: 
(a) may be made in writing or in any other manner prescribed by the 
regulations; and 
(b) if it is made in writing, shall be in accordance with the form prescribed 
by the regulations. 
(3) \Vhere, at any time before the expiration of the prescribed retention period after 
the making by a person of a sound broadcast of a literary or dramatic work in 
reliance on subsection (1), a record made for the purposes of paragraph (l)(b) in 
relation to the making of the sound broadcast is not retained by the person, the 
person is guilty of an offence punishable, upon conviction, by a fine not exceeding 
$500. 
(4) It is a defence to a prosecution of a person under subsection (3) in relation to the 
retention of a record if the person satisfies the court that he or she took all 
reasonable precautions, and exercised due diligence, to ensure the retention of the 
record. 
(5) A person is not liable to be convicted twice of an offence against subsection (3) 
in relation to the retention of the same record. 
(6) The owner of the COP/Tight in a literary or dramatic work, or the agent of such 
an owner, may notify in \\Titing a person who holds or held a print-handicapped 
radio licence that the owner or agent wishes to inspect: 
(a) all the records of the person made by or on behalf of the person for the 
purposes of paragraph (1 )(b); or 
(b) such of those records as relate to the works ofa specified author; IP/N/IIAUS/C/l 
Page 38 
on a day specified in the notice, being a day (other than a Saturday, Sunday or 
public holiday) not less than 7 days after the day on which the notice is given. 
(7) \Vhere a person who receives a notice under subsection (6) does not, without 
reasonable excuse, allow the owner or agent to inspect the records to which the 
notice relates during business hours on the day specified in the notice, the person is 
guilty of an offence punishable, upon conviction, by a fine not exceeding $500. 
(8) \Vhere: 
(a) a sound broadcast of, or of an adaptation of, a literary or dramatic work 
is made by a person (in this subsection referred to as the licence holder) being 
the holder of a print-handicapped radio licence; 
(b) by virtue of subsection (1), the making of the sound broadcast does not 
infringe copyright in the work; and 
(c) the owner of the copyright in the work makes a request in writing at any 
time during the prescribed retention period after the making of the sound 
broadcast for payment for the making of the sound broadcast; 
the licence holder shall pay to the owner of the copyright such an amount by way of 
equitable remuneration for the making of the sound broadcast as is agreed upon 
between the owner of the copyright and the licence holder or, in default of 
agreement, as is determined by the Copyright Tribunal on the application of either 
the owner of the copyright or the licence holder. 
(9) \Vhere the Copyright Tribunal has under subsection (8) determined the amount 
of equitable remuneration payable by a person to the owner of the copyright in a 
work, the owner of the copyright may recover that amount from the person in a 
court of competent jurisdiction as a debt due to the o\vner of the copyright. 
(10) Nothing in this section affects the right of the O\Vner of the copyright in a literary 
or dramatic \vork to grant a licence authorising a person being the holder of a print­
handicapped radio licence to make sound broadcasts of, or of adaptations of, the 
work without infringement of that copyright. 
(11) In this section: 
(a) prescribed retention period means the period prescribed by the 
regulations for the purposes of this paragraph; and 
(b) print-handicapped radio licence means a licence in force under the 
Broadcasting Services Act 1992 or the Radiocommunications Act 1992, being 
a licence that \vas granted for the purpose of authorising the making of sound 
broadcasts to persons who by reason of old age, disability or literacy problems 
are unable to handle books or newspapers or to read or comprehend written 
material. 
Division 5--Copying of Works in Libraries 
48 Interpretation 
In this Division, a reference to an article contained in a periodical publication shall 
be read as a reference to anything (other than an artistic work) appearing in such a 
publication. 
48A Copying by Parliamentary libraries for members of Parliament 
The copyright in a work is not infringed by anything done, for the sole purpose of 
assisting a person who is a member ofa Parliament in the performance of the 
person's duties as such a member, by an authorized officer of a library, being a 
library the principal purpose of \vhich is to provide library services for members of 
that Parliament. 49 Copying by libraries and archives for users IP/N/IIAUS/CIl 
Page 39 
(1) A person may furnish to the officer in charge of a library or archives: 
(a) a request in writing to be supplied with a copy of an article, or a part of 
an article, contained in a periodical publication or of the whole or a part of a 
published work other than an article contained in a periodical publication; and 
(b) a declaration signed by him or her stating: 
(i) that he or she requires the copy for the purpose of research or 
study and will not use it for any other purpose; and 
(ii) that he or she has not previously been supplied with a copy of 
the same article or other \-vork, or the same part of the article or other 
work, as the case may be, by an authorized officer of the library or 
archives. 
(2) Subject to this section, where a request and declaration referred to in subsection 
(1) are furnished to the officer in charge of a library or archives, an authorized 
officer of the library or archives may, unless the declaration contains a statement 
that to his or her knowledge is untrue in a material particular, make, or cause to be 
made, the copy to which the request relates and supply the copy to the person who 
made the request. 
(2A) A person may make to an authorized officer of a library or archives: 
(a) a request to be supplied with a copy of an article, or part of an article, 
contained in a periodical publication or of the whole or a part of a published 
work other than an article contained in a periodical publication; and 
(b) a declaration to the effect that: 
(i) the person requires the copy for the purpose of research or study 
and will not use it for any other purpose; 
(ii) the person has not previously been supplied with a copy of the 
same article or other work, or the same part of the article or other work, 
as the case may be, by an authorized officer of the library or archives; 
and 
(iii) by reason of the remoteness of the person's location, the person 
cannot conveniently furnish to the officer in charge of the library or 
archives a request and declaration referred to in subsection (1) in relation 
to the copy soon enough to enable the copy to be supplied to the person 
before the time by which the person requires it. 
(2B)A request or declaration referred to in subsection (2A) is not required to be made 
in \-\Titing. 
(2C)Subject to this section, where: 
(a) a request and declaration referred to in subsection (2A) are made by a 
person to an authorized officer of a library or archives; and 
(b) the authorized officer makes a declaration setting out particulars of the 
request and declaration made by the person and stating that: 
(i) .the declaration made by the person, so far as it relates to the 
matters specified in subparagraphs (2A)(b )(i) and (ii), does not contain a 
statement that, to the knowledge of the authorized officer, is untrue in a 
material particular; and 
(ii) the authorized officer is satisfied that the declaration made by 
the person is true so far as it relates to the matter specified in 
subparagraph (2A)(b )(iii); IP/NllIAUS/CIl 
Page 40 
an authorized officer of the library or archives may make, or cause to be made, the 
copy to which the request relates and supply the copy to the person. 
(3) \Vhere a charge is made for making and supplying a copy to which a request 
under subsection (1) or (2A) relates, subsection (2) or (2C), as the case may be, does 
not apply in relation to the request if the amount of the charge exceeds the cost of 
making and supplying the copy. 
(4) Subsection (2) or (2C) does not apply in relation to a request for a copy of, or 
parts of, 2 or more articles contained in the same periodical publication unless the 
articles relate to the same subject matter. 
(5) Subsection (2) or (2C) does not apply to a request for a copy of the whole of a 
work (other than an article contained in a periodical publication), or to a copy of a 
part of such a work that contains more than a reasonable portion of the work unless: 
(a) the work forms part of the library or archives collection; and 
(b) before the copy is made, an authorized officer has, after reasonable 
investigation, made a declaration stating that he or she is satisfied that a copy 
(not being a second-hand copy) of the work cannot be obtained within a 
reasonable time at an ordinary commercial price. 
(6) The copyright in an article contained in a periodical publication is not infringed 
by the making, in relation to a request under subsection (1) or (2A), ofa copy of the 
article, or of a part of the article, in accordance with subsection (2) or (2C), as the 
case may be, unless the copy is supplied to a person other than the person \vho made 
the request. 
(7) The copyright in a published work other than an article contained in a periodical 
publication is not infringed by the making, in relation to a request under subsection 
(1) or (2A), ofa copy of the work, or ofa part of the work, in accordance with 
subsection (2) or (2C), as the case may be, unless the copy is supplied to a person 
other than the person who made the request. 
(8) The regulations may exclude the application of subsection (6) or (7) in such 
cases as are specified in the regulations. 
(9) In this section, library does not include a library that is conducted for the profit, 
direct or indirect, of an individual or individuals. 
50 Copying by libraries or archives for other libraries or archives 
(1) The officer in charge ofa library may request, or cause another person to 
request, the officer in charge of another library to supply the officer in charge of the 
first-mentioned library with a copy of an article, or a part of an article, contained in 
a periodical publication, or of the whole or a part of a published work other than an 
article contained in a periodical publication: 
(a) for the purpose of including the copy in the collection of the first-
mentioned library; 
(aa) in a case \vhere the principal purpose of the first-mentioned library is to 
provide library services for members of a Parliament-for the purpose of 
assisting a person who is a member of that Parliament in the perfonnance of 
the person's duties as such a member; or 
(b) for the purpose of supplying the copy to a person who has made a 
request for the copy under section 49. 
(2) Subject to this section, where a request is made by or on behalf of the officer in 
charge of a library to the officer in charge of another library under subsection (1), an 
authorized officer of the last-mentioned library may make, or cause to be made, the IP/N/lIAUS/CIl 
Page 41 
copy to which the request relates and supply the copy to the officer in charge of the 
first-mentioned library. 
(3) Where, under subsection (2), an authorized officer of a library makes, or causes 
to be made, a copy of the whole or a part of a work and supplies it to the officer in 
charge of another library in accordance with a request made under subsection (1): 
(a) the copy shall, for all purposes of this Act, be deemed to have been 
made on behalf of an authorized officer of the other library for the purpose for 
which the copy was requested; and 
(b) an action shall not be brought against the body administering that first-
mentioned library, or against any officer or employee of that library, for 
infringement of copyright by reason of the making or supplying of that copy. 
(4) Subject to this section, where a copy of the whole or a part of an article 
contained in a periodical publication, or of any other published work, is, by virtue of 
subsection (3), to be deemed to have been made on behalf of an authorized officer 
of a library, the copyright in the article or other work is not infringed by the making 
of the copy. 
(5) The regulations may exclude the application of subsection (4) in such cases as 
are specified in the regulations. 
(6) \Vhere a charge is made for making and supplying a copy to which a request 
under subsection (1) relates, subsection (4) does not apply in relation to the request 
if the amount of the charge exceeds the cost of making and supplying the copy. 
(7) \Vhere: 
(a) a copy (in this subsection referred to as the relel,'ant copy) of, or of a part 
of, an article, or of the whole or a part of another work, is supplied under 
subsection (2) to the officer in charge of a library; and 
(b) a copy of the same article or other work, or of the same part of the 
article or other work, as the case may be, has previously been supplied under 
subsection (2) for the purpose of inclusion in the collection of the library; 
subsection (4) does not apply to or in relation to the relevant copy unless, as soon as 
practicable after the request under subsection (1) relating to the relevant copy is 
made, an authorized officer of the library makes a declaration: 
(c) setting out particulars of the request (including the purpose for which the 
relevant copy was requested); and 
(d) stating that the copy referred to in paragraph (b) has been lost, destroyed 
or damaged, as the case requires. 
(7 A) \Vhere a copy of the whole of a work (other than an article contained in 
a periodical publication), or of a part of such a work that contains more than a 
reasonable portion of the work, is supplied under subsection (2) to the officer in 
charge of a library, subsection (4) does not apply to or in relation to the copy unless: 
(a) in a case where the principal purpose of the library is to provide library 
services for members of a Parliament-the copy is so supplied for the purpose 
of assisting a person who is a member of that Parliament in the performance of 
the person's duties as such a member; or 
(b) as soon as practicable after the request under subsection (1) relating to 
the copy is made, ~n authorized officer of the library makes a declaration: 
(i) setting out particulars of the request (including the purpose for 
which the copy was requested); and I PIN/V AUS/C/I 
Page 42 
(ii) stating that, after reasonable investigation, the authorized officer 
is satisfied that a copy (not being a second-hand copy) of the work cannot 
be obtained within a reasonable time at an ordinary commercial price. 
(8) Subsection (4) does not apply to a copy of, or of parts of, 2 or more articles that 
are contained in the same periodical publication and that have been requested for the 
same purpose unless the articles relate to the same subject matter. 
(9) In this section, a reference to a library shall be read as a reference to a library 
other than a library that is conducted for the pro~t, direct or indirect of an individual 
or individuals, and as including a reference to archives. 
51 Copying of unpublished lvorks in libraries or archives 
(1) \Vhere, at a time more than 50 years after the expiration of the calendar year in 
which the author of a literary, dramatic or musical work, or of an artistic work being 
a photograph or engraving, died, and more than 75 years after the time at which, or 
the expiration of the period during \vhich, the work was made, copyright subsists in 
the work but: 
(a) the work has not been published; and 
(b) a copy of the \'lork, or, in the case ofa literary, dramatic or musical 
work, the manuscript of the work, is kept in the collection of a library or 
archives where it is, subject to any regulations governing that collection, open 
to public inspection; 
the copyright in the work is not infringed: 
(c) by the making of a copy of the work by a person for the purpose of 
research or study or \vith a vie\v to publication; or 
(d) by the making of a copy of the work by, or on behalf of, the officer in 
charge of that library or archives if the copy is supplied to a person who 
satisfies the officer in charge of that library or archives that the person 
requires the copy for the purpose of research or study or with a view to 
publication and that the person \'lill not use it for any other purpose. 
(2) \Vhere a manuscript, or a copy, of a thesis or other similar literary work that has 
not been published is kept in a library of a university or other similar institution or 
in an archives, the copyright in the thesis or other \'lork is not infringed by the 
making of a copy of the thesis or other work by or on behalf of the officer in charge 
of the library or archives if the copy is supplied to a person who satisfies an 
authorized officer of the library or archives that he requires the copy for the purpose 
of research or study. 
51AA Copying of ,,,·orks in Australian Archives 
(1) The copyright in a work that is kept in the collection of the Australian Archives, 
where it is open to public inspection, is not infringed by the making by, or on behalf 
of, the officer in charge of the Archives: 
(a) of a single working copy of the work; 
(b) of a single reference copy of the work for supply to the central office of 
the Archives; 
( c) on the written request for a reference copy of the work by an officer of 
the Archives in a regional office of the Archives, where the officer in charge is 
satisfied that a reference copy of the work has not been previously supplied to 
that regional office----of a single reference copy of the work for supply to that 
regional office; IPINIlIAUS/CIl 
Page 43 
(d) where the officer in charge is satisfied that a reference copy of the work 
supplied to a regional office of the Archives is lost, damaged or destroyed and 
an officer of the Archives in that regional office makes a written request for a 
replacement copy of the work--of a single replacement copy of the work for 
supply to that regional office; or 
(e) where the officer in charge is satisfied that a reference copy of the work 
supp lied to the central office of the Archives is lost, damaged or destroyed­
of a single replacement copy of the work fO.f supply to that central office. 
(2) In this section: 
reference copy, in relation to a work, means a copy of the work made from-a 
working copy for supply to the central office, or to a regional office, of the 
Australian Archives for use by that office in providing access to the work to 
members of the public. 
replacement copy, in relation to a work, means a copy of the work made from a 
working copy for the purpose of replacing a reference copy of the work that is lost, 
damaged or destroyed. 
working copy, in relation to a work, means a copy of the work made for the purpose 
of enabling the Australian Archives to retain the copy and use it for making 
reference copies and replacement copies of the \vork. 
51A Copying of ,,,·orks for preservation and other purposes 
(1) Subject to subsection (4), the copyright in a work that forms, or formed, part of 
the collection of a library or archives is not infringed by the making, by or on behalf 
of the officer in charge of the library or archives, of a copy (including a microform 
copy) of the work: 
(a) if the \vork is held in manuscript fonn or is an original artistic work-for 
the purpose of preserving the manuscript or original artistic \'v·ork, as the case 
may be, against loss or deterioration or for the purpose of research that is 
being, or is to be, carried out at the library or archives in which the work is 
held or at another library or other archives; 
(b) if the work is held in the collection in a published form but has been 
damaged or has deteriorated-for the purpose of replacing the \'lork; or 
(c) if the work has been held in the collection in a published form but has 
been lost or stolen-for the purpose of replacing the work. 
(2) The copyright in a work that is held in the collection of a library or archives is 
not infringed by the making, by or on behalf of the officer in charge of the library or 
archives, for a purpose other than a purpose for which a copy may be made under 
subsection (1), of a single microform copy of the work so held. 
(3) Subsection (2) does not apply in relation to the making of a microform copy of a 
work held in the collection of a library or archives unless, as soon as practicable 
after the copy is made, the work from which the copy is made is destroyed. 
(4) Subsection (1) does not apply in relation to a work held in published form in the 
collection of a library or archives unless an authorized officer of the library or 
archives has, after reasonable investigation, made a declaration stating that he or she 
is satisfied that a copy (not being a second-hand copy) of the work cannot be 
obtained within a reasonable time at an ordinary commercial price. 
(5) \Vhere a copy (including a microform copy) of an unpublished work is made 
under subsection (1) by or on behalf of the officer in charge of a library or archives 
for the purpose of research that is being, or is to be, carried out at another library or 
archives, the supply of the copy by or on behalf of the officer to the other library or IP/N/1/ AUS/C/I 
Page 44 
archives does not, for any purpose of this Act, constitute the publication of the 
work. 
52 Publication of unpublished \vorks kept in libraries 
(I) \Vhere: 
(a) a published literary, dramatic or musical work (in this section referred to 
as the new work) incorporates the whole or a part of a work (in this section 
referred to as the old work) to which subsection 51(1) applied immediately 
before the new work was published; . 
(b) before the new work was published, the prescribed notice of the 
intended publication of the work had been given; and 
(c) immediately before the ne\v work was published, the identity of the 
owner of the copyright in the old \vork was not kno\\n to the publishers of the 
new work; 
then, for the purposes of this Act, the first publication of the new work, and any 
subsequent publication of the new \vork whether in the same or in an altered form, 
shall, in so far as it constitutes a publication of the old work, be deemed not to be an 
infringement of the copyright in the old work or an unauthorized publication of the 
old work. 
(2) The last preceding subsection does not apply to a subsequent publication of the 
ne\v work incorporating a part of the old work that was not included in the first 
publication of the new work unless: 
(a) subsection 51(1) would, but for this section, have applied to that part of 
the old work immediately before that subsequent publication; 
(b) before that subsequent publication, the prescribed notice of the intended 
publication had been given; and 
(c) immediately before that subsequent publication, the identity of the 
owner of the cop)'Tight in the old \vork was not known to the publisher of that 
subsequent publication. 
(3) \Vhere a work, or part of a work, has been published and, by virtue of this 
section, the publication is to be deemed not to be an infringement of the copyright in 
the work, the copyright in the work is not infringed by a person who, after that 
publication took place, broadcasts, causes to be transmitted to subscribers to a 
diffusion service, performs in public, or makes a record of, the work or that part of 
the work, as the case may be. 
53 Application of Division to illustrations accompanying articles and other ''''orks 
Where an article, thesis or literary, dramatic or musical \vork is accompanied by 
artistic works provided for the purpose of explaining or illustrating the article, thesis 
or other work (in this section referred to as the illustrations), the preceding sections 
of this Division apply as if: 
(a) \vhere any of those sections provides that the cop}Tight in the article, 
thesis or work is not infringed-the reference to that cop}Tight included a 
reference to any copyright in the illustrations; 
(b) a reference in section 49, section SO, section 51 or 51A to a copy of the 
article, thesis or work included a reference to a copy of the article, thesis or 
work together with a copy of the illustrations; 
(c) a reference in section 49 or section SO to a copy of a part of the article or 
work included a reference to a copy of that part of the article or work together IPlNllIAUS/CIl 
Page 45 
with a copy of the illustrations that were provided for the purpose of 
explaining or illustrating that part; and 
(d) a reference in section 51A or section 52 to the doing of any act in 
relation to the work included a reference to the doing of that act in relation to 
the work together with the illustrations. 
Division 6-Recording of Musical Works 
54 Interpretation 
(I) For the purposes of this Division: 
(a) a reference to a musical work shall be·read as a reference to the work in 
its original form or to an adaptation of the work; 
(b) a reference to the owner of the copyright in a literary, dramatic or 
musical work shall, unless the contrary intention appears, be read as a 
reference to the person who is entitled to authorize the making in, and the 
importation into, Australia of records of the work; and 
(c) a reference to sale of a record by retail or to retail sale of a record shall 
be read as not including a reference to: 
(i) sale for a consideration not consisting \vholly of money; or 
(ii) sale by a person not ordinarily canying on the business of 
making or selling records. 
(2) For the purposes of this Division, where a musical work is comprised partly in 
one record and partly in another record or other records, all the records shall be 
treated as if they constituted a single record. 
(3) A reference in this Division to a record of a musical work does not include a 
reference to a sound-track associated with visual images forming part of a 
cinematograph film. 
(4) Subject to subsection (5), this Division applies to a record ofa part ofa musical 
work as it applies to a record of the whole work. 
(5) Section 55: 
(a) does not apply to a record of a whole work unless the previous record 
referred to in paragraph 55(1)(a) was a record of the whole work; and 
(b) does not apply to a record of a part of a work unless that previous record 
was a record of that part of the work. 
55 Conditions upon ,yhich manufacturer may make records of musical l\'ork 
(1) Subject to this Division, the copyright in a musical work is not infringed by a 
person (in this section referred to as the manufacturer) who makes, in Australia, a 
record of the work if: 
(a) a record of the work: 
(i) has previously been made in, or imported into, Australia for the 
purpose of retail sale and was so made or imported by, or with the licence 
of, the o\\ner of the copyright in the work; 
(ii) has previously been made in Australia for use in making other 
records for the purpose of retail sale and was so made by, or with the 
licence of, the owner of the copyright in the work; 
(iii) has previously been made in, or imported into, a country other 
than Australia for the purpose of retail sale, being a country that, at the 
time of the previous making or importation, was specified in the 
regulations to be a country in relation to which this Division applies, and IPINIII AUS/ell 
Page 46 
was so made or imported by, or with the licence of, the person who was, 
under the law of that country, the owner of the copyright in the work; or 
(iv) has previously been made in a country other than Australia for 
use in making other records for the purpose of retail sale, being a country 
that, at the time of the previous making, was specified in the regulations 
to be a country in relation to \vhich this Division applies, and was so 
made by, or with the licence of, the person \vho was, under the law of 
that country, the owner of the copyright in the work; 
(b) before the making of the record, the prescribed notice of the intended 
making of the record was given to the owner of the copyright; 
(c) the manufacturer intends to sell the record by retail, or to supply it for 
the purpose of its being sold by retail by a person other than the manufacturer, 
or intends to use it for making other records that are to be so sold or supplied; 
and 
(d) \vhere the record is so sold or supplied by the manufacturer: 
(i) the sale or supply is made with the licence of the owner of the 
copyright; and 
(ii) the prescribed royalty is paid to the owner of the copyright: 
(A) in the manner agreed between the manufacturer and the 
o\vner of the copyright or, failing such agreement, determined by 
the Copyright Tribunal under section 152B; or 
(B) if no such agreement or determination is in force-in 
the manner prescribed by the regulations. 
(2) The last preceding subsection does not apply in relation to a record of an 
adaptation of a musical \vork if the adaptation debases the work. 
(3) Subparagraph (1 )(d)(i) does not apply in relation to a record of a \\lork (other 
than a work that was made for the purpose of being performed: or has been 
perfonned, in association with a dramatic \\lork or has been included in a 
cinematograph film) if the sale or supply is made after the expiration of the 
prescribed period after the earliest of the following dates: 
(a) the date of the first making in, or the date of the first importation into, 
Australia of a previous record of the work in circumstances referred to in 
subparagraph (l)(a)(i) or (ii); 
(b) the date of the first supplying (whether by sale or otherwise) to the 
public in a country referred to in subparagraph (1 )(a)(iii) or (iv) of a previous 
record of the work made in, or imported into, that country in circumstances 
referred to in that subparagraph. 
(4) Regulations prescribing a period for the purposes of the last preceding 
subsection may prescribe different pe~iods in relation to different classes of records. 
(5) If, apart from this subsection, the amount of royalty payable in respect of a 
record under this section would be less than one cent, that amount of royalty is one 
cent. 
(6) In this section: 
prescribed royalty, in relation to a record of a musical work, means: 
(a) such amount of royalty as is agreed between the manufacturer and the 
owner of the copyright in the work Of, failing such agreement, as is 
determined by the Copyright Tribunal under section 152A; or 
(b) if no such agreement or determination is in force-an amount equal to 
6.25% of the retail selling price of the record. IP/N/IIAUS/C/l 
Page 47 
·57 Provisions relating to royalty where 2 or more works are on the one record 
Where a record comprises 2 or more musical works, whether or not there is any 
other matter comprised in the record: 
(a) if the record includes a work in which cop)Tight does not subsist or 
works in which copyrights do not subsist the royalty payable in respect of the 
record is, subject to the next succeeding paragraph, the amount that bears to 
the amount that, but for this section, would be the amount of the royalty the 
same proportion as the number of works in the record in which copyrights 
subsist bears to the total number of works iIi the record; and 
(b) if the record includes 2 or more works in which copyrights subsist: 
(i) subject to this Division, the royalty payable in respect of the 
record shall not be less than One cent in respect of each work in the 
record in which copyright subsists; and 
(ii) if the o\\ners of the copyrights in the works in the record in 
which copyrights subsist are different persons there shall be paid to the 
owner of the copyright in each work, in respect of that work, an amount 
ascertained by dividing the amount of the royalty payable in respect of 
the record by the number of\vorks in the record in which copyrights 
subsist. 
59 Conditions upon \vhich manufacturer may include part of a literary or dramatic 
,,·ork in a record of a musical ,vork 
(1) \Vhere: 
(a) a person makes in Australia a record comprising the performance of a 
musical work in \vhich words are sung, or are spoken incidentally to or in 
association with the music, \vhether or not there is any other matter comprised 
in the record; 
(b) copyright does not subsist in that work or, if copyright so subsists, the 
requirements specified in subsection 55(1) are complied with in relation to 
that copyright; 
C c) the words consist or form part of a literary or dramatic work in which 
copyright subsists; 
Cd) a record of the musical work in which those \vords, or words 
substantially the same as those words, were sung, or were spoken incidentally 
to or in association with the music: 
(i) has previously been made in, or imported into, Australia for the 
purpose of retail sale and was so made or imported by, or with the licence 
of, the owner of the copyright in the literary or dramatic work; 
(ii) has previously been made in Australia for use in making other 
records for the purpose of retail sale and was so made by, or with the 
licence of, the owner of the copyright in the literary or dramatic work; 
(iii) has previously been made in, or imported into, a country other 
than Australia for the purpose of retail sale, being a country that, at the 
time of the previous making or importation, was specified in the 
regulations to be a country in relation to which this Division applies, and 
\vas so made or imported by, or with the licence of, the person who was, 
under the law of that country, the owner of the copyright in the literary or 
dramatic work; or IPlNllI AUS/CIl 
Page 48 
(iv) has previously been made in a country other than Australia for 
use in making other records for the purpose of retail sale, being a countI') 
that, at the time of the previous making, was specified in the regulations 
to be a country in relation to which this Division applies, and was so 
made by, or with the licence of, the person who was, under the law of 
that country, the owner of the copyright in the literary or dramatic work; 
and 
(e) the like notice was given to the owner of the copyright in the literary or 
dramatic work as is required by paragraph SS(I)(b) to be given to the owner of 
the copyright (if any) in the musical work and there is paid to the oYlner of the 
copyright in the literary or dramatic \vork such amount (if any) as is 
ascertained in accordance with this section; 
the making of the record does not constitute an infringement of the copyright in the 
literary or dramatic work. 
(2) \Vhere copyright does not subsist in the musical work, the amount to be paid in 
respect of the literary or dramatic work is an amount equal to the royalty that, but 
for this section, would have been payable in respect of the musical work if copyright 
had subsisted in the musical work. 
(3) \\'here copyright subsists in the musical \\lork as \vell as in the literary or 
dramatic work: 
(a) if the copyrights in those works are o\vned by the same person-an 
amount is not payable in respect of the literary or dramatic \vork; or 
(b) if the copyrights in those works are owned by different persons-the 
royalty that, but for this section, would have been payable in respect of the 
musical work shall be apportioned between them in such manner as they 
agree, or, in default of the agreement, as is determined by the Copyright 
Tribunal on the application of either of them. 
(4) \Vhere the o\vner of the copyright in a musical work and the owner of the 
copyright in a literary or dramatic work do not agree on the manner in which an 
amount is to be apportioned between them but the person who made the record 
gives an undertaking in writing to each owner to pay to him or her the portion of 
that amount that the Tribunal determines to be payable to him or her, then: 
(a) paragraph 55(1)(d) and paragraph (l)(e) of this section have effect as if 
the payments referred to in those paragraphs had been made; and 
(b) the person who made the record is liable, when the amount to which an 
undertaking relates is determined, to pay that amount to the owner of the 
copyright to whom the undertaking was given and the owner may recover that 
amount in a court of competent jurisdiction from that person as a debt due to 
the owner. 
(5) Regulations made for the purposes of paragraph 55(1)(d) in relation to payments 
to the owner of the copyright in a musical work have the like effect, with any 
necessary modifications, for the purposes of paragraph (1 )( e) of this section in 
relation to payments to the owner of the copyright in a literaI')" or dramatic work. 
60 Records made partly for retail sale and partly for gratuitous disposal 
\Vhere a person makes, in Australia, a number of records embodying the same 
sound recording, being a recording of a musical \vork or of a musical work and of 
words consisting or forming part of a literary or dramatic work, with the intention 
of: IPINII/ AUS/ell 
Page 49 
(a) selling by retail, or supplying for sale by retail by another person, a 
substantial proportion of the records (in this section referred to as the records 
made for retail sale); and 
(b) disposing gratuitously of the remainder of the records or supplying the 
remainder of the records for gratuitous disposal by another person; 
this Division applies in relation to the records other than the records made for retail 
sale as if: 
(c) those records had been made with the intention of selling them by retail 
or of supplying them for sale by retail by a~other person; 
(d) the gratuitous disposal of those records by the maker of the records, or 
the supplying of those records by the maker of the records for gratuitous 
disposal by another person, \vere a sale of the records by retail; and 
(e) the retail selling price of those records were the same as the retail selling 
price of the records made for retail sale. 
61 l\;laking inquiries in relation to previous records 
\Vhere: 
(a) a person makes inquiries, as prescribed, for the purpose of ascertaining 
\vhether a record of a musical work, or a record of a musical work in which 
words consisting or forming part of a literary or dramatic work were sung or 
spoken, has previously been made in, or imported into, Australia by, or with 
the licence of, the O\Vner of the copyright in the musical work or in the literary 
or dramatic work, as the case may be, for the purpose of retail sale or for use 
in making other records for the purpose of retail sale; and 
(b) an answer to those inquiries is not received \vithin the prescribed period; 
a record of that musical work, or a record of that work in \vhich those words were 
sung or spoken, as the case may be, shall, for the purposes of the application of this 
Division: 
(c) in relation to the person who made the inquiries; or 
(d) in relation to a person who makes records of the musical work, or 
records of that work in which those words or substantially the same words are 
sung or spoken, for the purpose of supplying those records to the person who 
made the inquiries in pursuance of an agreement entered into between those 
persons for the making of the records; 
be taken to have been previously made in, or imported into, Australia \vith the 
licence of the o\vner of that copyright for the purpose of retail sale or for use in 
making other records for the purpose of retail sale, as the case may be. 
64 Sections 55 and 59 to be disregarded in determining 'whether an infringement 
has been committed by the importation of records 
For the purpose of any provision of this Act relating to imported articles, in 
detennining whether the making of a record made outside Australia \vould have 
constituted an infringement of copyright if the record had been made in Australia by 
the importer, sections 55 and 59 shall be disregarded. 
Division 7-Acts not Constituting Infringements of Copyright in 
Artistic Works 
65 Sculptures and certain other ,yorks in public places 
(1) This section applies to sculptures and to works of artistic craftsmanship of the 
kind referred to in paragraph (c) of the definition of artistic work in section 10. IP/NIlIAUS/CIl 
Page 50 
(2) The copyright in a work to which this section applies that is situated, otherwise 
than temporarily, in a public place, or in premises open to the public, is not 
infringed by the making of a painting, drawing, engraving or photograph of the 
work or by the inclusion of the work in a cinematograph film or in a television 
broadcast. 
66 Buildings and models of buildings 
The copyright in a building or a model of a building is not infringed by the making 
of a painting, drawing, engraving or photograph of the building or model or by the 
inclusion of the building or model in a cinematograph film or in a television 
broadcast. 
67 Incidental filming or televising of artistic \vorks 
\Vithout prejudice to the last two preceding sections, the cop)Tight in an artistic 
\'lork is not infringed by the inclusion of the \vork in a cinematograph film or in a 
television broadcast if its inclusion in the film or broadcast is only incidental to the 
principal matters represented in the film or broadcast. 
68 Publication of artistic \vorks 
The copyright in an artistic work is not infringed by the publication of a painting, 
drawing, engraving, photograph or cinematograph film if, by virtue of section 65, 
section 66 or section 67, the making of that painting, drawing, engraving, 
photograph or film did not constitute an infringement of the copyright. 
69 Artistic \yorks transmitted to subscribers to a diffusion sen"ice 
Sections 65, 66 and 67 apply in relation to a television programme that is caused to 
be transmitted to subscribers to a diffusion service in like manner as they apply in 
relation to a television broadcast. 
70 Reproduction for purpose of including \vork in television broadcast 
(1) \Vhere the inclusion of an artistic work in a television broadcast made by a 
person would not (whether by reason of an assignment or licence or of the operation 
of a provision of this Act) constitute an infringement of copyright in the work but 
the making by the person of a cinematograph film of the \'."ork would, apart from 
this subsection~ constitute such an infringement, the copyright in the work is not 
infringed by the making by the person of such a film solely for the purpose of the 
inclusion of the work in a television broadcast. 
(2) The last preceding subsection does not apply in relation to a film if a copy of the 
film is used for a purpose other than: 
(a) the inclusion of the work in a television broadcast in circumstances that 
do not (whether by reason of an assignment or licence or of the operation ofa 
provision of this Act) constitute an infringement of the copyright in the work; 
or 
(b) the making of further copies of the film for the purpose of the inclusion 
of the work in such a broadcast. 
(3) Subsection (1) does not apply in relation to a film where a copy of the film is 
used for the purpose of the inclusion of the work in a television broadcast made by a 
person who is not the maker of the film unless the maker has paid to the owner of 
the copyright in the work such amount as they agree or, in default of agreement, has 
given an undertaking in writing to the owner to pay to the o\\ner such amount as is 
determined by the Cop)'Tight Tribunal, on the application of either of them, to be 
equitable remuneration to the owner for the making of the film. IP/N/lIAUS/CIl 
Page 51 
(4) A person who has given an undertaking referred to in the last preceding 
subsection is liable, when the Copyright Tribunal has detennined the amount to 
which the undertaking relates, to pay that amount to the owner of the copyright in 
the work and the owner may recover that amount in a court of competent 
jurisdiction from the person as a debt due to the owner. 
(5) Subsection (1) does not apply in relation to a film unless, before the expiration 
of the period of 12 months commencing on the day on which any of the copies of 
the film is first used for including the work in a television broadcast in accordance 
with that subsection, or before the expiration of such further period, if any, as is 
agreed between the maker of the film and the owner of the copyright in the work, all 
the copies of the film are destroyed or are delivered, with the consent of the 
Director-General of the Australian Archives, to the Australian Archives. 
(6) The Director-General of the Australian Archives shall not consent to the delivery 
to the Australian Archives in accordance with subsection (5) of a copy of a film 
unless he or she has certified that the film is of an exceptional documentary 
character. 
72 Reproduction of part of 'work in later 'work 
(1) The copyright in an artistic work is not infringed by the making of a later artistic 
work by the same author if, in making the later work, the author does not repeat or 
imitate the main design of the earlier work. 
(2) The last preceding subsection has effect notwithstanding that part of the earlier 
\\lork is reproduced in the later work and that, in reproducing the later work, the 
author used a mould, cast, sketch, plan, model or study made for the purposes of the 
earlier \vork. 
73 Reconstruction of buildings 
(1) \Vhere copyright subsists in a building, the copyright is not infringed by a 
reconstruction of that building. 
(2) \Vhere a building has been constructed in accordance with architectural drawings 
or plans in which copyright subsists and has been so constructed by, or \'lith the 
licence of, the owner of that copyright, that copyright is not infringed by a later 
reconstruction of the building by reference to those drawings or plans. 
Division 8--Designs 
74 Corresponding design 
In this Division: 
corresponding design, in relation to an artistic \vork, means a design that, when 
applied to an article, results in a reproduction of that work, but does not include a 
design consisting solely of features of two-dimensional pattern or ornament 
applicable to a surface of an article. 
75 Copyright protection 'where corresponding design registered 
Subject to section 76, where copyright subsists in an artistic \vork (whether made 
before the commencement of this section or othenvise) and a corresponding design 
is or has been registered under the Designs Act 1906 on or after that 
commencement, it is not an infringement of that copyright to reproduce the work by 
applying that, or any other, corresponding design to an article. 
76 False registration of industrial designs 
(1) This section has effect where: 
(a) copyright subsists in an artistic work and proceedings are brought under 
this Act in relation to that work; IPlNllI AUS/ell 
Page 52 
(b) a corresponding design has been registered under the Designs Act 1906-
1968 and the monopoly in the design that subsisted by virtue of that 
registration had not expired by effluxion of time before the commencement of 
those proceedings; and 
(c) it is established in those proceedings that the person registered as the 
owner of the design was not the owner of the design for the purposes of the 
Designs Act 1906-1968 and was so registered \vithout the knowledge of the 
owner of the copyright in the artistic work. 
(2) Subject to the next succeeding subsection, for "the purposes of the proceedings 
referred to in the last preceding subsection: 
(a) the design shall be deemed never to have been registered under the 
Designs Act 1906-1968; 
(b) the last preceding section does not-apply in relation to anything done in 
respect of the design; and 
(c) nothing in the Designs Act 1906-1968 constitutes a defence. 
(3) Non.vithstanding anything in the last preceding subsection, if in the proceedings 
it is established that an act to which the proceedings relate: 
(a) was done by an assignee of, or under a licence granted by, the person 
registered as the o\vner of the design; and 
(b) was so done in good faith in reliance upon the registration and without 
notice of any proceedings for the cancellation of the registration or for 
rectifying the entry in the Register of Designs in relation to the design; 
the last preceding section applies in relation to that act for the purposes of the first­
mentioned proceedings. 
77 Application of artistic ,,,"orks as industrial designs ,,,"ithout registration of the 
designs 
(1) This section applies where: 
(a) copyright subsists in an artistic \vork (other than a building or a model of 
a building, or a work of artistic craftsmanship) whether made before the 
commencement of this section or otherwise; 
(b) a corresponding design is applied industrially, whether in Australia or 
elsewhere, by or with the licence of the o\vner of the copyright in the work in 
the place where the industrial application happens; 
(c) at any time on or after the commencement of this section, articles to 
which the corresponding design has been so applied (in this section called 
articles made to tire corresponding design) are sold, let for hire or offered or 
exposed for sale or hire, whether in Australia or else\vhere; and 
(d) at that time, the corresponding design is not registrable under the 
Designs Act 1906 or has not been registered under that Act. 
(2) It is not an infringement of the copyright in the artistic work to reproduce the 
work, on or after the day on which articles made to the corresponding design are 
first so sold, let for hire or offered or exposed for sale or hire, by applying that, or 
any other, corresponding design to an article. 
(3) This section does not apply in relation to any articles in respect of which, at the 
time \vhen they were sold, let for hire or offered or exposed for sale or hire, the 
corresponding design concerned was excluded from registration by regulations 
made under the Designs Act 1906, and, for the purposes of any proceedings under 
this Act, a design shall be conclusively presumed to have been so excluded if: IPIN/ll AUS/ell 
Page 53 
(a) before the commencement of the proceedings, an application for the 
registration of the design under that Act in respect of those articles had been 
refused; 
(b) the reason, or one of the reasons, given for the refusal was that the 
design was excluded from registration under that Act by regulations made 
under that Act; and 
( c) when the proceedings were commenced, no appeal against the refusal 
had been allowed or was pending. 
(4) The regulations may specify the circumstance.s in which a design is, for the 
purposes of this section, to be taken to be applied industrially. 
Division 9-Works of Joint Authorship 
78 References to all of joint authors 
Subject to this Division, a reference in this Act to the author of a work shall, unless 
otherwise expressly provided by this Act, be read, in relation to a work of joint 
authorship, as a reference to all the authors of the work. 
79 References to anyone or more of joint authors 
The references in section 32, and in subsection 34(2) to the author of a work shall, 
in relation to a work of joint authorship, be read as references to anyone or more of 
the authors of the work. 
80 References to '\"hichever of joint authors died last 
The references in sections 33 and 51 to the author of a work shall, in relation to a 
work of joint authorship other than a work to which the next succeeding section 
applies, be read as references to the author who died last. 
81 'Yorks of joint authorship published under pseudonyms 
(1) This section applies to a work of joint authorship that was first published under 2 
or more names of which one was a pseudonym or 2 or more (but not all) \vere 
pseudonyms. 
(2) This section also applies to a \vork of joint authorship that was first published 
under 2 or more names all of which were pseudonyms if, at any time \vithin 50 
years after the expiration of the calendar year in which the work was first published, 
the identity of one or more (but not all) of the authors \vas generally kno\vn or could 
be ascertained by reasonable inquiry. 
(3) The references in sections 33 and 51 to the author of a work shall, in relation to a 
work to which this section applies, be read as references to the author whose 
identity \vas disclosed or, if the identity of 2 or more of the authors \vas disclosed, 
as references to whichever of those authors died last. 
(4 ) For the purposes of this section, the identity of an author shall be deemed to 
have been disclosed if: 
(a) one of the names under \vhich the work was published \vas the name of 
that author; or 
(b) the identity of that author is generally known or can be ascertained by 
reasonable inquiry. 
82 Copyright to subsist in joint \vorks \\'ithout regard to any author who is an 
unqualified person 
(1) Subsection 35(2) has effect, in relation to a work of joint authorship of which 
one of the authors is an unqualified person, or 2 or more (but not all) of the authors 
are unqualified persons, as if the author or authors, other than unqualified persons, 
had alone been the author or authors, as the case may be, of the work. IP/N/I/AUS/C/I 
Page S4 
(2) For the purposes of the last preceding subsection, a person is an unqualified 
person in relation to a work where, if he or she had alone been the author of the 
work, copyright would not have subsisted in the work by virtue of this Part. 
83 Inclusion of joint works in collections for use in places of education 
The reference in subsection 44(2) to other extracts from, or from adaptations of, 
works by the author of the extract concerned: 
(a) shall be read as including a reference to extracts from, or from 
adaptations of, works by the author of the extract concerned in collaboration 
with any other person; or . 
(b) if the extract concerned is from, or from an adaptation of, a work of joint 
authorship shall be read as including a reference to extracts from, or from 
adaptations of, works by anyone or more of the authors of the extract 
concerned, or by anyone or more of those authors in collaboration with any 
other person. 
Part IV-Copyright in Subject-Matter Other Than Works 
Division I-Preliminary 
84 Interpretation 
In this Part, qualified person means: 
(a) an Australian citizen, an Australian protected person or a person (other 
than a body corporate) resident in Australia; or 
(b) a body corporate incorporated under a law of the Commonwealth or of a 
State. 
Division 2-Nature of Copyright in Subject-Matter other than \Vorks 
85 Nature of copyright in sound recordings 
(1) For the purposes of this Act, unless the contrary intention appears, copyright, in 
relation to a sound recording, is the exclusive right to do all or any of the following 
acts: 
(a) to make a copy of the sound recording; 
(b) to cause the recording to be heard in public; 
(c) to broadcast the recording; 
(d) to enter into a commercial rental arrangement in respect of the 
recording. 
(2) Paragraph (l)(d) does not extend to entry into a commercial rental arrangement 
in respect of a sound recording if: 
(a) the copy of the sound recording \vas purchased by a person (the record 
owner) before the commencement of Part 2 of the Copyright (tVorld Trade 
Organi=ation Amendments) Act 1994; and 
(b) the commercial rental arrangement is entered into in the ordinary course 
of a business conducted by the record owner; and 
(c) the record owner was conducting the same business, or another business 
that consisted of, or included, the making of commercial rental arrangements 
in respect of copies of sound recordings, when the copy was purchased. 
86 Nature of copyright in cinematograph films 
For the purposes of this Act, unless the contrary intention appears, copiTight, in 
relation to a cinematograph film, is the exclusive right to do all or any of the 
following acts: 
(a) to make a copy of the film; IP/N/l/ AUS/ell 
Page 55 
(b) to cause the film, in so far as it consists of visual images, to be seen in 
public, or, in so far as it consists of sounds, to be heard in public; 
(c) to broadcast the film; 
(d) to cause the film to be transmitted to subscribers to a diffusion service. 
87 Nature of copyright in television broadcasts and sound broadcasts 
For the purposes of this Act, unless the contrary intention appears, copyright, in 
relation to a television broadcast or sound broadcast, is the exclusive right: 
(a) in the case ofa television broadcast in so far as it consists of visual 
images-to make a cinematograph film of the broadcast, or a copy of such a 
film; 
(b) in the case of a sound broadcast, or of a television broadcast in so far as 
it consists of sounds-to make a sound recording of the broadcast, or a copy 
of such a sound recording; and 
(c) in the case of a television broadcast or of a sound broadcast-to re-
broadcast it. 
88 Nature of copyright in published editions of works 
For the purposes of this Act, unless the contrary intention appears, copyright, in 
relation to a published edition of a literary, dramatic, musical or artistic work or of 
two or more literary, dramatic, musical or artistic works, is the exclusive right to 
make, by a means that includes a photographic process, a reproduction of the 
edition. 
Division 3-Subject-Matter, other than Works, in \vhich Copyright 
Subsists 
89 Sound recordings in 'which copyright subsists 
(1) Subject to this Act, copyright subsists in a sound recording of which the maker 
was a qualified person at the time when the recording was made. 
(2) \Vithout prejudice to the last preceding subsection, copyright subsists, subject to 
this Act, in a sound recording if the recording was made in Australia. 
(3) \Vithout prejudice to the last two preceding subsections, copyright subsists, 
subject to this Act, in a published sound recording if the first publication of the 
recording took place in Australia. 
90 Cinematograph films in 'which copyright subsists 
(1) Subject to this Act, copyright subsists in a cinematograph film of which the 
maker was a qualified person for the whole or a substantial part of the period during 
which the film was made. 
(2) \Vithout prejudice to the last preceding subsection, cop)Tight subsists, subject to 
this Act, in a cinematograph film if the film was made in Australia. 
(3) \Vithout prejudice to the last two preceding subsections, copyright subsists, 
subject to this Act, in a published cinematograph film if the first publication of the 
film took place in Australia. 
91 Television broadcasts and sound broadcasts in \vhich copyright subsists 
Subject to this Act, copyright subsists: 
(a) in a television broadcast made from a place in Australia by: 
(i) the Australian Broadcasting Corporation; 
(ii) the Special Broadcasting Service Corporation; or 
(iii) any prescribed person, being a person who is, at the time when 
the broadcast is made, authorised under a licence issued under the 
Radiocommunications Act 1992; IP/N/lIAUS/CIl 
Page 56 
(b) in a television broadcast made from a place in Australia pursuant to a 
licence or permit granted under the Broadcasting Act 1942 by the holder of 
the licence or permit; 
(c) in a sound broadcast made from a place in Australia by: 
(i) the Australian Broadcasting Corporation; 
(ii) the Special Broadcasting Service Corporation; or 
(iii) any prescribed person, being a person who is, at the time when 
the broadcast is made, authorised under a licence issued under the 
Radiocommunications Act 1992; and .. ' 
(d) in a sound broadcast made from a place in Australia pursuant to a 
licence or permit granted under the Broadcasting Act 1942 by the holder of the 
licence or permit. 
92 Published editions of ,yorks in ,vhich copyright subsists 
(1) Subject to this Act, copyright subsists in a published edition of a literary, 
dramatic, musical or artistic work, or of 2 or more literary, dramatic, musical or 
artistic works, where: 
(a) the first publication of the edition took place in Australia; or 
(b) the publisher of the edition \vas a qualified person at the date of the first 
publication of the edition. 
(2) The last preceding subsection does not apply to an edition that reproduces a 
previous edition of the same work or \yorks. 
Division 4-Duration of Copyright in Subject-Matter other than 'Yorks 
93 Duration of copyright in sound recordings 
Copyright subsisting in a sound recording by virtue of this Part continues to subsist 
until the expiration of 50 years after the expiration of the calendar year in which the 
recording is first published. 
9-' Duration of copyright in cinematograph films 
(1) Copyright subsisting in a cinematograph film by virtue of subsection 90(1) or (2) 
continues to subsist until the film is published and, after the publication of the film, 
until the expiration of 50 years after the expiration of the calendar year in which the 
film was first published. 
(2) Copyright subsisting in a cinematograph film by virtue only of subsection 90(3) 
continues to subsist until the expiration of 50 years after the expiration of the 
calendar year in which the film was first published. 
95 Duration of copyright in television broadcasts and sound broadcasts 
(1) Copyright subsisting in a television broadcast or sound broadcast by virtue of 
this Part continues to subsist until the expiration of 50 years after the expiration of 
the calendar year in which the broadcast was made. 
(2) In so far as a television broadcast or sound broadcast is a repetition (v,"hether the 
first or a subsequent repetition) of a previous television broadcast or sound 
broadcast to which section 91 applies, and is made by broadcasting visual images or 
sounds embodied in any article or thing: 
(a) ifit is made before the expiration of the period of 50 years after the 
expiration of the calendar year in which the previous broadcast was made­
any copyright subsisting in it expires at the expiration of that period; and 
(b) if it is made after the expiration of that period---copyright does not 
subsist in it by virtue of this Part. 
96 Duration of copyright in published editions of,vorks IPINIII AUS/CII 
Page 57 
Copyright subsisting in a published edition of a \vork or works by virtue of this Part 
continues to subsist until the expiration of25 years after the expiration of the 
calendar year in which the edition \vas first published. 
Division 5-0lvnership of Copyright in Subject-Matter other than 
Works 
97 O,vnership of copyright in sound recordings 
(1) This section has effect subject to Parts VII and X. 
(2) Subject to the next succeeding subsection, the.maker of a sound recording is the 
owner of any copyright subsisting in the recording by virtue of this Part. 
(3) \Vhere: 
(a) a person makes, for valuable consideration, an agreement with another 
person for the making of a sound recording by the other person; and 
(b) the recording is made in pursuance of the agreement; 
the first-mentioned person is, in the absence of any agreement to the contrary, the 
owner of any copyright subsisting in the recording by virtue of this Part. 
98 O,,'nership of copyright in cinematograph films 
(1) This section has effect subject to Parts VII and X. 
(2) Subject to the next succeeding subsection, the maker of a cinematograph film is 
the owner of any copyright subsisting in the film by virtue of this Part. 
(3) \Vhere: 
(a) a person makes, for valuable consideration, an agreement with another 
person for the making of a cinematograph film by the other person; and 
(b) the film is made in pursuance of the agreement; 
the first-mentioned person is, in the absence of any agreement to the contrary, the 
owner of any copyright subsisting in the film by virtue of this Part, 
99 Ownership of copyright in television broadcasts and sound broadcasts 
Subject to Parts VII and X: 
(a) the Australian Broadcasting Corporation is the owner of any copyright 
subsisting in a television broadcast or sound broadcast made by it; 
(aa) the Special Broadcasting Service Corporation is the o\vner of any 
copyright subsisting in a television broadcast or sound broadcast made by it; 
and 
(b) a person who is or has been a holder of a licence or permit granted under 
the Broadcasting Act 19-12 or a prescribed person for the purposes of 
subparagraph 9 1 (a)(iii) or 91(c)(iii) is the owner of an)' copyright subsisting in 
a television broadcast or sound broadcast, as the case may be, made by that 
person. 
100 Ownership of copyright in published editions of lvorks 
Subject to Parts VII and X, the publisher of an edition of a work or works is the 
o\\ner of any copyright subsisting in the edition by virtue of this Part. 
Division 6-Infringement of Copyright in Subject-Matter other than 
Works 
100A Interpretation 
In this Division, audio-visual item means a sound recording, a cinematograph film, 
a sound broadcast or a television broadcast. 
101 Infringement by doing acts comprised in copyright IP/N/lIAUS/C/I 
Page 58 
(1) Subject to this Act, a copyright subsisting by virtue of this Part is infringed by a 
person who, not being the owner of the copyright, and without the licence of the 
owner of the copyright, does in Australia, or authorizes the doing in Australia of, 
any act comprised in the copyright. 
(2) The next two succeeding sections do not affect the generality of the last 
preceding subsection. 
(3) Subsection (1) applies in relation to an act done in relation to a sound recording 
whether the act is done by directly or indirectly making use of a record embodying 
the recording. 
(4) Subsection (1) applies in relation to an act done in relation to a television 
broadcast or a sound broadcast whether the act is done by the reception of the 
broadcast or by making use of any article or thing in which the visual images and 
sounds comprised in the broadcast have been embodied. 
102 Infringement by importation for sale or hire 
Subject to section lI2A, a copyright subsisting by virtue of this Part is infringed by 
a person who, without the licence of the owner of the copyright, imports an article 
into Australia for the purpose of: 
(a) selling, letting for hire, or by ,vay of trade offering or exposing for sale 
or hire, the article; 
(b) distributing the article: 
(i) for the purpose of trade; or 
(ii) for any other purpose to an extent that will affect prejudicially 
the o\vner of the copyright; or 
(c) by way of trade exhibiting the article in public; 
if the importer knew, or ought reasonably to have known, that the making of the 
article would, if the article had been made in Australia by the importer, have 
constituted an infringement of the copyright. 
103 Infringement by sale and other dealings 
(1) Subject to section 112A, a cop)Tight subsisting by virtue of this Part is infringed 
by a person who, in Australia, and without the licence of the owner of the copyright: 
(a) sells, lets for hire, or by \vay of trade offers or exposes for sale or hire, 
an article; or 
(b) by \vay of trade exhibits an article in public; 
if the person knew, or ought reasonably to have kno\\'n, that the making of the 
article constituted an infringement of the copyright or, in the case of an imported 
article, would, if the article had been made in Australia by the importer, have 
constituted an infringement of the copyright. 
(2) For the purposes of the last preceding subsection, the distribution of any articles: 
(a) for the purpose of trade; or 
(b) for any other purpose to an extent that affects prejudicially the owner of 
the copyright concerned; 
shall be taken to be the sale of those articles. 
103A Fair dealing for purpose of criticism or revie'w 
A fair dealing with an audio-visual item does not constitute an infringement of the 
copyright in the item or in any work or other audio-visual item included in the item 
if it is for the purpose of criticism or review, whether of the first-mentioned audio­
visual item, another audio-visual item or a work, and a sufficient acknowledgement 
of the first-mentioned audio-visual item is made. '103B Fair dealing for purpose of reporting news IPIN/ll AUS/ell 
Page 59 
(1) A fair dealing with an audio-visual item does not constitute an infringement of 
the copyright in the item or in any work or other audio-visual item included in the 
item if: 
(a) it is for the purpose of, or is associated with, the reporting of news in a 
newspaper, magazine or similar periodical and a sufficient acknowledgement 
of the first-mentioned audio-visual item is made; or 
(b) it is for the purpose of, or is associated with, the reporting of news by 
means of broadcasting or in a cinematograph film. 
(2) This section applies where an audio-visual item being a cinematograph film is 
caused to be transmitted to subscribers to a diffusion service in like manner as it 
applies where such an item is broadcast. 
103C Fair dealing for purpose of research or study 
(1) A fair dealing with an audio-visual item does not constitute an infringement of 
the copyright in the item or in any work or other audio-visual item included in the 
item if it is for the purpose of research or study. 
(2) For the purposes of this Act, the matters to which regard shall be had in 
determining whether a dealing with an audio-visual item constitutes a fair dealing 
for the purpose of research or study include: 
(a) the purpose and character of the dealing; 
(b) the nature of the audio-visual item; 
(c) the possibility of obtaining the audio-visual item \vithin a reasonable 
time at an ordinary commercial price; 
(d) the effect of the dealing upon the potential market for, or value of, the 
audio-visual item; and 
(e) in a case where part only of the audio-visual item is copied-the amount 
and substantiality of the part copied taken in relation to the whole item. 
104 Acts done for purposes of judicial proceeding 
A copyright subsisting by virtue of this Part is not infringed by anything done: 
(a) for the purpose ofajudiciaI proceeding or a report ofajudicial 
proceeding; . 
(b) for the purpose of seeking professional advice from a legal practitioner 
or patent attorney; or 
(c) for the purpose of, or in the course of, the giving of professional advice 
by a legal practitioner or patent attorney. 
l04A Acts done by Parliamentary libraries for members of Parliament 
A copyright subsisting by virtue of this Part is not infringed by anything done, for 
the sole purpose of assisting a person who is a member of a Parliament in the 
performance of the person's duties as such a member, by an authorized of(Icer of a 
library, being a library the principal purpose of\vhich is to provide library services 
for members of that Parliament. 
105 Copyright in certain recordings not infringed by causing recordings to be 
heard in public or broadcast 
Copyright subsisting in a sound recording by virtue only of subsection 89(3) is not 
infringed by the causing of the recording to be heard in public or by the 
broadcasting of the recording. 
106 Causing sound recording to be heard at guest house or club 
(1) \Vhere a sound recording is caused to be heard in public: IP/N/l/ AUS/C/I 
Page 60 
(a) at premises where persons reside or sleep, as part of the amenities 
provided exclushoely for residents or inmates of the premises or for those 
residents or inmates and their guests; or 
(b) as part of the activities of, or for the benefit of, a club, society or other 
organization that is not established or conducted for profit and the principal 
objects of which are charitable or are otherwise concerned with the 
advancement of religion, education or social vlelfare; 
the act of causing the recording to be so heard does not constitute an infringement of 
the copyright in the recording. 
(2) The last preceding subsection does not apply: 
(a) in relation to premises of a kind referred to in paragraph (a) of that 
subsection, if a specific charge is made for admission to the part of the 
premises where the recording is to be heard; or 
(b) in relation to an organization of a kind referred to in paragraph (b) of 
that subsection, if a charge is made for admission to the place where the 
recording is to be heard and any of the proceeds of the charge are applied 
otherwise than for the purposes of the organization. 
(3) A reference in the last preceding subsection to a specific charge, or a charge, 
made for admission includes a reference to a specific charge, or a charge, made 
partly for admission and partly for other purposes. 
107 l\laking of a copy of the sound recording for purpose of broadcasting 
(1) \Vhere the broadcasting by a person of a sound recording would not (whether by 
reason of an assignment or licence or of the operation of a provision of this Act) 
constitute an infringement of the copyright in the recording but the making by the 
person of a copy of the sound recording would, apart from this subsection, 
constitute such an infringement, the copyright in the recording is not infringed by 
the making by the person of a copy of the sound recording in association with other 
matter solely for the purpose of the broadcasting of the recording in association with 
the other matter. 
(2) The last preceding subsection does not apply in relation to a copy of a sound 
recording if the copy is used for a purpose other than: 
(a) the broadcasting of the recording in circumstances that do not (whether 
by reason of an assignment or licence or of the operation of a provision of this 
Act) constitute an infringement of the copyright in the recording; or 
(b) the making of further copies of the sound recording for the purpose of 
the broadcasting of the recording in such circumstances. 
(3) Subsection (1) does not apply in relation to a copy ofa sound recording where 
the copy is used for the purpose of the broadcasting of the recording by a person 
who is not the maker of the copy unless the maker has paid to the owner of the 
copyright in the recording such amount as they agree or, in default of agreement, 
has given an undertaking in writing to the owner to pay to the O\'lner such amount as 
is determined by the Cop)Tight Tribunal, on the application of either of them, to be 
equitable remuneration to the owner for the making of the copy. 
(4) A person who has given an undertaking referred to in the last preceding 
subsection is liable, when the Copyright Tribunal has determined the amount to 
which the undertaking relates, to pay that amount to the owner of the copyright in 
the recording and the owner may recover that amount in a court of competent 
jurisdiction from the person as a debt due to the owner. IPINIIIAUS/CI1 
Page 61 
(5) Subsection (1) does not apply in relation to a copy of a sound recording unless, 
before the expiration of the period of 12 months commencing on the day on which 
any of the copies made in accordance with that subsection is first used for 
broadcasting the recording in accordance with that subsection, or before the 
expiration of such further period, if any, as is agreed between the maker of the copy 
and the owner of the copyright in the recording, all the copies made in accordance 
with that subsection are destroyed or are delivered, with the consent of the Director­
General of the Australian Archives, to the Australian Archives. 
(6) The Director-General of the Australian Archives shall not consent to the delivery 
to the Australian Archives in accordance with subsection (5) of a copy of a sound 
recording unless he or she has certified that the recording is of an exceptional 
documentary character. 
108 Copyright in published recording not infringed by public performance if 
equitable remuneration paid 
(1) The copyright in a sound recording that has been published is not infringed by a 
person who causes the recording to be heard in public if: 
(a) the person has paid to the owner of the copyright in the recording such 
amount as they agree or, in default of agreement, has given an undertaking in 
writing to the owner to pay to the owner such amount as is determined by the 
Copyright Tribunal, on the application of either of them, to be equitable 
remuneration to the owner for the causing of the recording to be heard in 
public; and 
(b) in the case of a recording that was first published outside Australia-the 
recording has been published in Australia or the prescribed period after the 
date of the first publication of the recording has expired. 
(2) A person who has given an undertaking referred to in the last preceding 
subsection is liable, when the Copyright Tribunal has detennined the amount to 
which the undertaking relates, to pay that amount to the owner of the copyright in 
the recording and the owner may recover that amount in a court of competent 
jurisdiction from the person as a debt due to the o\vner. 
(3) Regulations prescribing a period for the purposes of paragraph (1 )(b) may 
prescribe different periods in relation to different classes of sound recordings. 
109 Copyright in published sound recording not infringed by broadcast in certain 
circumstances 
(1) Subject to this section, the copyright in a published sound recording is not 
infringed by the making of a broadcast of that recording if: 
(a) where there is no order of the Tribunal in force under section 152 
applying to the maker of that broadcast in relation to the time when that 
broadcast was made-the maker of that broadcast has given an undertaking in 
writing to the person who is the owner of the copyright in that recording to 
pay to the owner such amounts (if any) as may be specified in, or detennined 
in accordance with, an order of the Tribunal made under that section in respect 
of the broadcasting by the maker, during a period within \vhich that broadcast 
was made, of published sound recordings in which the copyrights are owned 
by that person and which include that recording; or 
(b) where there is an order of the Tribunal in force under that section 
applying to the maker of that broadcast in relation to the time when that 
broadcast was made: IP/N/ll AUS/C/I 
Page 62 
(i) the copyright in that recording is oVfned by a person who is 
specified in the order as one of the persons among whom the amount 
specified in, or determined in accordance with, the order is to be divided 
and the maker of the broadcast makes payments to the person in 
accordance \vith the order; or 
(ii) the copyright in that recording is owned by a person who is not 
so specified in the order. 
(2) The last preceding subsection does not apply in relation to a broadcast of a sound 
recording if the broadcast was made in accordance with an agreement between the 
maker of the broadcast and the owner of the copyright in the recording. 
(3) Subsection (1) does not apply in relation to a broadcast ofa sound recording that 
has not been published in Australia if the broadcast was made before the expiration 
of the prescribed period after the date of the first publication of the recording. 
(4) Regulations prescribing a period for the purposes of the last preceding 
subsection may prescribe different periods in relation to different classes of sound 
recordings. 
(5) Subsection (1) does not apply in relation to a broadcast ofa sound recording that 
has not been published in Australia i.f: 
(a) the recording consists of, or includes, a musical \vork in \vhich copyright 
subsists; 
(b) the musical \vork \vas made for the purpose of being performed, or has 
been performed, in association \'lith a dramatic work or has been included in a 
cinematograph film; and 
(c) records of the musical work have not been supplied (vfohether by sale or 
otherwise) to the public in Australia. 
(6) For the purposes of paragraph (5)(c), a supplying of records of a musical \vork 
shall be disregarded if the supplying was done otherwise than by, or with the licence 
of, the owner of the copyright in the work. 
110 Provisions relating to cinematograph films 
(1) \Vhere the visual images forming part of a cinematograph film consist wholly or 
principally of images that, at the time \'lhen they were first embodied in an article or 
thing, were means of communicating news, the copyright in the film is not infringed 
by the causing of the film to be seen or heard, or to be both seen and heard, in public 
after the expiration of 50 years after the expiration of the calendar year in \vhich the 
principal events depicted in the film occurred. 
(2) \Vhere, by virtue of this Part, copyright has subsisted in a cinematograph film, a 
person who, after that copyright has expired, causes the film to be seen or heard, or 
to be seen and heard, in public does not, by so doing, infringe any copyright 
subsisting by virtue of Part III in a literary, dramatic, musical or artistic \vork. 
(3) \Vhere the sounds that are embodied in a sound-track associated with the visual 
images forming part of a cinematograph film are also embodied in a record, other 
than such a sound-track or a record derived directly or indirectly from such a sound­
track, the copyright in the cinematograph film is not infringed by any use made of 
that record. 
110.~ Copying of unpublished sound recordings and cinematograph films in 
libraries or archives IP/N/lIAUS/CIl 
Page 63 
\Vhere, at a time more than SO years after the time at which, or the expiration of the 
period during which, a sound recording or cinematograph film was made, copyright 
subsists in the sound recording or cinematograph film but: 
(a) the sound recording or cinematograph film has not been published; and 
(b) a record embodying the sound recording, or a copy of the cinematograph 
film, is kept in the collection of a library or archives where it is, subject to any 
regulations governing that collection, accessible to the public; 
the copyright in the sound recording or cinematograph film and in any work or other 
subject·matter included in the sound recording or "cinematograph film is not 
infringed: 
(c) by the making of a copy of the sound recording or cinematograph film 
by a person for the purpose of research or study or with a view to publication; 
or 
(d) by the making of a copy of the sound recording or cinematograph film 
by or on behalf of the officer in charge of the library or archives, if the copy is 
supplied to a person who satisfies the officer that he or she requires the copy 
for the purpose of research or study or with a view to publication and that he 
or she will not use it for any other purpose. 
110B Copying of sound recordings and cinematograph films for preservation and 
other purposes 
(I) Subject to subsection (3), \vhere a copy of a sound recording. being a sound 
recording that fonns, or formed, part of the collection of a library or archives, is 
made by or on behalf of the officer in charge of the library or archives: 
(a) if the sound recording is held in the collection in the form of a first 
record-for the purpose of preserving the record against loss or deterioration 
or for the purpose of research that is being, or is to be. carried out at the 
library or archives in which the record is held or at another library or archives; 
(b) if the sound recording is held in the collection in a published form but 
has been damaged or has deteriorated-for the purpose of replacing the sound 
recording; or 
(c) if the sound recording has been held in the collection in a published 
form but has been lost or stolen-for the purpose of replacing the sound 
recording; 
the making of the copy does not infringe copyright in the sound recording or in any 
work or other subject-matter included in the sound recording. 
(2) Subject to subsection (3), where a copy of a cinematograph film, being a 
cinematograph film that forms, or formed, part of the collection of a library or 
archives, is made by or on behalf of the officer in charge of the library or archives: 
(a) if the cinematograph film is held in the collection in the form ofa first 
copy-for the purpose of preserving the copy against loss or deterioration or 
for the purpose of research that is being, or is to be, carried out at the library 
or archives in which the copy is held or at another library or archives; 
(b) if the cinematograph film is held in the collection in a published fonn 
but has been damaged or has deteriorated-for the purpose of replacing the 
cinematograph film; or 
(c) if the cinematograph film has been held in the collection in a published 
form but has been lost or stolen-for the purpose of replacing the 
cinematograph film; IP/NIlIAUS/CI 1 
Page 64 
the making of the copy does not infringe copyright in the cinematograph film or in 
any work or other subject-matter included in the cinematograph film. 
(3) Subsection (1) does not apply in relation to a sound recording, and subsection (2) 
does not apply in relation to a cinematograph film, held in a published form in the 
collection of a library or archives unless an authorised officer of the library or 
archives has, after reasonable investigation, made a declaration stating that he or she 
is satisfied that a copy (not being a second-hand copy) of the sound recording or 
cinematograph film, as the case may be, cannot be obtained within a reasonable 
time at an ordinary commercial price. 
(4) \Vhere a copy of an unpublished sound recording or an unpublished 
cinematograph film is made under subsection (1) or (2) by or on behalf of the 
officer in charge of a library or archives for the purpose of research that is being, or 
is to be, carried out at another library or archives, the supply of the copy by or on 
behalf of the officer to the other library or archives does not, for any purpose of this 
Act, constitute the publication of the sound recording or cinematograph film or of 
any work or other subject-matter included in the sound recording or cinematograph 
film. 
111 Filming or recording broadcasts for private and domestic use 
(1) The copyright in a television broadcast in so far as it consists of visual images is 
not infringed by the making ofa cinematograph film of the broadcast, or a copy of 
such a film, for the private and domestic use of the person by whom it is made. 
(2) The copyright in a sound broadcast, or in a television broadcast in so far as it 
consists of sounds, is not infringed by the making of a sound recording of the 
broadcast, or a copy of such a sound recording, for the private and domestic use of 
the person by \vhom it is made. 
(3) For the purposes of this section, a cinematograph film or a copy of such a film, 
or a sound recording or a copy of such a sound recording, shall be deemed to be 
made otherwise than for the private and domestic use of the person by whom it is 
made if it is made for the purpose of: 
(a) selling a copy of the film or sound recording, letting it for hire, or by 
way of trade offering or exposing it for sale or hire; 
(b) distributing a copy of the film or sound recording, whether for the 
purpose of trade or otherwise; 
(c) by way of trade exhibiting a copy of the film or sound recording in 
public; 
(d) broadcasting the film or recording; or 
(e) causing the film or recording to be seen or heard in public. 
112 Reproductions of editions ofll'ork 
The copyright in a published edition of a \vork or \vorks is not infringed by the 
making ofa reproduction of the whole or a part of that edition if that reproduction is 
made in the course of: 
(a) where the edition contains one \vork only: 
(i) a dealing with that work, being a dealing that does not, by virtue 
of section 40, 4 I, 42, 43 or 44, infringe copyright in that work; or 
(ii) the making of a copy (including a handicapped reader's copy or 
an intellectually handicapped person's copy) of the whole or a part of that 
work, being a copy the making of which does not, by virtue of section 49, 
50, 51A, 135ZG, 135ZJ, 135ZK, 135ZL, 135ZN1, 135ZN, 135ZP, IPIN/II AUS/ell 
Page 65 
135ZQ, 135ZR, 135ZS, 135ZT or 182A, infringe copyright in that work; 
or 
(b) where the edition contains more than one 'vork: 
(i) a dealing with one of those works or dealings with some or all of 
those works, being a dealing that does not, or dealings that do not, by 
virtue of section 40, 41, 42, 43 or 44, infringe copyright in that work or 
those works; or 
(ii) the making of a copy (including a handicapped reader's copy or 
an intellectually handicapped person's copy) of the whole or a part of one 
of those works or the making of copies (including handicapped readers' 
copies or intellectually handicapped persons' copies) of the whole or 
parts of some or all of those works, being a copy the making of which 
does not, or copies the making of which do not, by virtue of section 49, 
SO, 51A, 135ZG, 135ZJ, 135ZK, 135ZL, 135ZM, 135ZN, 135ZP, 
135ZQ, 135ZR, 135ZS, 135ZT or 182A, infringe copyright in that work 
or in those works. 
112A Importation and sale etc. of books 
(1) The copyright in an overseas edition first published on or after the commencing 
day, is not infringed by a person '\lho, without the licence of the owner of the 
copyright, imports a non-infringing book into Australia for a purpose mentioned in 
paragraph 102(a), (b) or (c). 
(2) Subject to this section, the copyright in: 
(a) an overseas edition first published before the commencing day; or 
(b) a published edition of a \vork, being an edition first published in 
Australia, whether before, on or after the commencing day; 
is not infringed by a person \vho, without the licence of the owner of the copyright, 
imports a copy (in this subsection called the imported copy) of a hardback or 
paperback version of a non-infringing book into Australia for a purpose mentioned 
in paragraph 102(a), (b) or (c) if: 
(c) the person had ordered in writing from the copyright o\vner, or the 
owner's licensee or agent, one or more copies of that version of the book (not 
being second-hand copies or more copies than \vere needed to satisfy the 
person's reasonable requirements); and 
(d) \vhen the person ordered the imported copy, the original order 
mentioned in paragraph (c) had not been \vithdrawn or cancelled by, o'r \vith 
the consent of, the person and: 
(i) at least 7 days had elapsed since the person placed the original 
order and the copyright o\vner, licensee or agent had not notified the 
person in \vriting that the original order would be filled within 90 days 
after it was placed; or 
(ii) at least 90 days had elapsed since the person placed the original 
order and the copyright owner, licensee or agent had not filled the order. 
(3) The copyright in a published edition of a work (whether the edition was first 
published before, on or after the commencing day) is not infringed by a person who, 
without the licence of the owner of the copyright, imports a single copy ofa non­
infringing book into Australia if the importation is for the purpose of filling a 
\\Titten order, or a verifiable telephone order, by a customer of the person and: 
(a) in the case of a written order, the order contains a statement, signed by 
the customer; or IP/N/lIAUS/CIl 
Page 66 
(b) in the case of a telephone order, the customer makes a verifiable 
statement; 
to the effect that the customer does not intend to use the book for a purpose 
mentioned in paragraph I02(a), (b) or (c). 
(4) The copyright in a published edition of a work (whether the edition was first 
published before, on or after the commencing day) is not infringed by a person who, 
without the licence of the owner of the copyright, imports 2 or more copies ofa 
non-infringing book into Australia if: 
(a) the importation is for the purpose of filling a \\Titten order, or a 
verifiable telephone order, placed with the person by or on behalf of a library, 
other than a library conducted for the profit (direct or indirect) of a person or 
organisation; and 
(b) in the case of a written order-the order contains a statement, signed by 
the person placing the order, to the effect that the library does not intend to use 
any of the books for a purpose mentioned in paragraph l02(a), (b) or (c); and 
C c) in the case of a telephone order-the person placing the order makes a 
verifiable statement to the effect referred to in paragraph (b); and 
Cd) the number of copies so imported is not more than the number of copies 
so ordered. 
(5) \Vithout limiting the ways in which a telephone order under subsection (3) or 
(4), or a statement under paragraph (3)(b) or (4)(c) relating to such an order, may be 
verified, such an order or statement is, for the purposes of this section, taken to be 
verifiable if the person who takes the order, or to whom the statement is made, 
makes a written note of the details of the order or statement when, or immediately 
after, the order is placed, or the statement is made, as the case may be. 
(6) \Vhere: 
(a) a book is imported into Australia for a purpose mentioned in paragraph 
102(a), (b) or (c); and 
(b) the importation does not, under this section, constitute an infringement 
of copyright in a published edition of a work; 
the use of the book for any such purpose does not constitute an infringement of the 
copyright in the edition and subsection 103(1) does not apply to the book. 
(7) Subsection (2) does not apply to the importation of a copy of a hardback version 
ofa non-infringing book into Australia if the copyright owner, or his or her licensee 
or agent, is able to supply in Australia enough copies of a paperback version of the 
book to fill any reasonable order. 
(8) For the purposes of paragraph (2)(d), a copyright owner, licensee or agent is not 
taken to have filled an order by a person for one or more copies of a version of a 
book unless and until the copyright owner, licensee or agent sends the copy, or all of 
the copies, as the case requires, to the person. 
(9) In this section: 
book does not include: 
(a) a book whose main content is one or more musical works, with or 
without any related literary, dramatic or artistic work; or 
(b) a manual sold with computer software for use in connection with that 
software; or 
(c) a periodical publication. 
commencing day means the day on which the Copyright Amendment Act 1991 
commences. IPINIlIAUS/CIl 
Page 67 
overseas edition means a published edition of a work, being an edition: 
(a) that was first published in a country other than Australia; and 
(b) that was not published in Australia within 30 days after its first 
publication in that other country. 
Note: An edition ofa work may, for the purposes of this Act, be firs! published in Australia ifit is 
published in Australia within 30 days of an earlier publication elsewhere. For the meaning orjirst 
publication, see section 29 and, in particular, subsection 29(5). 
112B Reproduction of\vriting on approved label for containers for chemical 
product 
The reproduction on a label on a container for a chemical product of any writing 
appearing on an approved label is not an infringement of any cop)Tight subsisting 
under section 92 in relation to that writing. 
Division 7-Miscellaneous 
113 Copyrights to subsist independently 
(1) Subject to subsection 110(2), where copyright subsists in any subject-matter by 
virtue of this Part, nothing in this Part shall be taken to affect the operation of Part 
III in relation to any literary, dramatic, musical or artistic work from which that 
subject-matter is \vholly or partly derived, and any cop)Tight subsisting by virtue of 
this Part is in addition to, and independent of, any copyright subsisting by virtue of 
Part III. 
(2) The subsistence of copyright under any provision of this Part does not affect the 
operation of any other provision of this Part under which copyright can subsist. 
Part V-Remedies for Infringements of Copyright 
Division I-Preliminary 
114 Interpretation 
(1) In this Part, action means a proceeding of a civil nature between parties, and 
includes a counterclaim. 
(2) In the application of this Part in relation to a counterclaim, references to the 
plaintiff and to the defendant shall be read as references to the defendant and to the 
plaintiff, respectively. 
Division 2-Actions by O,vner of Copyright 
115 Actions for infringement 
(l) Subject to this Act, the owner of a copyright may bring an action for an 
infringement of the copyright. 
(2) Subject to this Act, the relief that a court may grant in an action for an 
infringement of copyright includes an injunction (subject to such terms, if any, as 
the court thinks fit) and either damages or an account of profits. 
(3) Where, in an action for infringement of copyright, it is established that an 
infringement was committed but it is also established that, at the time of the 
infringement, the defendant was not aware, and had no reasonable grounds for 
suspecting, that the act constituting the infringement \vas an infringement of the 
copyright, the plaintiff is not entitled under this section to any damages against the 
defendant in respect of the infringement, but is entitled to an account of profits in 
respect of the infringement whether any other relief is granted under this section or 
not. 
(4) Where, in an action under this section: 
(a) an infringement of copyright is established; and IP/N/IIAUS/C/I 
Page 68 
(b) the court is satisfied that it is proper to do so, having regard to: 
(i) the flagrancy of the infringement; 
(ii) any benefit shown to have accrued to the defendant by reason of 
the infringement; and 
(iii) all other relevant matters; 
the court may, in assessing damages for the infringement, award such additional 
damages as it considers appropriate in the circumstances. 
116 Rights of Olvner of copyright in respect of infringing copies 
(1) Subject to this Act, the owner of the copyright in a work or other subject-matter 
is entitled in respect of any infringing copy, or of any plate used or intended to be 
used for making infringing copies, to the rights and remedies, by way of an action 
for conversion or detention, to \vhich he or she would be entitled if he or she were 
the owner of the copy or plate and had been the owner of the copy or plate since the 
time when it was made. 
(2) A plaintiff is not entitled by virtue of this section ~o any damages or to any other 
pecuniary remedy, other than costs, if it is established that, at the time of the 
conversion or detention: 
(a) the defendant was not aware, and had no reasonable grounds for 
suspecting, that copyright subsisted in the work or other subject-matter to 
which the action relates; 
(b) where the articles converted or detained were infringing copies-the 
defendant believed, and had reasonable grounds for believing, that they were 
not infringing copies; or 
( c) where an article converted or detained was a plate used or intended to be 
used for making articles-the defendant believed, and had reasonable grounds 
for believing, that the articles so made or intended to be made were not or 
would not be, as the case may be, infringing copies. 
Division 3-Proceedings ,,'here Copyright is subject to Exclusive 
Licence 
117 Interpretation 
In this Division: 
if the licence had been an assignment means if, instead of the licence, there had 
been granted (subject to conditions corresponding as nearly as practicable with 
those subject to which the licence was granted) an assignment of the cop)Tight in 
respect of its application to the doing, at the places and times authorized by the 
licence, of the acts so authorized. 
tlze other party means: 
(a) in relation to the o\vner of the copyright-the exclusive licensee; and 
(b) in relation to the exclusive licensee-the owner of the cop)Tight. 
118 Application 
This Division appJies to proceedings in relation to a copyright in respect of which 
an exclusive licence has been granted and is in force at the time of the events to 
which the proceedings relate. 
119 Rights of exclusive licensee 
Subject to the succeeding sections of this Division: 
(a) except against the owner of the copyright, the exclusive licensee has the 
same rights of action as he or she would have, and is entitled to the same 
remedies as he or she would be entitled to, by virtue of section 115 if the IPIN/VAus/ell 
Page 69 
licence had been an assignment, and those rights and remedies are concurrent 
with the rights and remedies of the owner of the copyright under that section; 
(b) except against the owner of the copyright, the exclusive licensee has the 
same rights of action as he or she would have, and is entitled to the same 
remedies as he or she would be entitled to, by virtue of section 116 if the 
licence had been an assignment; and 
(c) the owner of the copyright does not have any rights of action that he or 
she would not have, and is not entitled to any remedies that he or she would 
not be entitled to, by virtue of section 116 if the licence had been an 
assignment. 
120 Joinder of on'ner or exclusive licensee as a party 
(1) \Vhere: 
(a) an action is brought by the o\\ner of the copyright or by the exclusive 
licensee; and 
(b) the action, in so far as it is brought under section 115, relates, in whole 
or in part, to an infringement in respect of which the owner and the licensee 
have concurrent rights of action under that section; 
the owner or licensee, as the case may be, is not entitled, except with the leave of 
the court, to proceed with the action, in so far as it is brought under that section and 
relates to that infringement, unless the other party is joined as a plaintiff in the 
action or added as a defendant. 
(2) This section does not affect the granting of an interlocutory injunction on the 
application of the owner of the copyright or of the exclusive licensee. 
121 Defences available against exclusive licensee 
In an action brought by the exclusive licensee by virtue of this Division, a defence 
under this Act that would have been available to a defendant in the action if the 
action had been brought by the owner of the copyright is available to that defendant 
as against the exclusive licensee. 
122 Assessment of damages \vhere exclusive licence granted 
\Vhere an action to which section 120 applies is brought and the o\vner of the 
copyright and the exclusive licensee are not both plaintiffs in the action, the court, 
in assessing damages in respect of an infringement of a kind referred to in that 
section, shall: 
(a) if the plaintiff is the exclusive licensee-take into account any liabilities, 
in respect of royalties or otherwise, to which the licence is subject; and 
(b) \vhether the plaintiff is the owner of the copyright or the exclusive 
licensee-take into account any pecuniary remedy already awarded to the 
other party under section 115 in respect of that infringement, or any right of 
action exercisable by the other party under that section in respect of that 
infringement, as the case requires. 
123 Apportionment of profits between o,vner and exclusive licensee 
\Vhere: 
(a) an action, in so far as it is brought under section 115, relates, in whole or 
in part, to an infringement in respect of which the owner of the copyright and 
the exclusive licensee have concurrent rights of action under that section; and 
(b) in that action, whether the owner of the copyright and the exclusive 
licensee are both parties or not, an account of profits is directed to be taken in 
respect of that infringement; IP/NIlIAUS/CIl 
Page 70 
then, subject to any agreement of\vhich the court is aware by which the application 
of those profits is determined as between the owner of the copyright and the 
exclusive licensee, the court shall apportion the profits between them in such a 
manner as the court considers just and shall give such directions as the court 
considers appropriate for giving effect to that apportionment. 
124 Separate actions in relation to the same infringement 
In an action brought by the owner of the copyright or by the exclusive licensee: 
(a) ajudgment or order for the payment of damages in respect of an 
infringement of copyright shall not be given or made under section 115 if a 
final judgment or order has been given or made in favour of the other party 
directing an account of profits under that section in respect of the same 
infringement; and 
(b) a judgment or order for an account of profits in respect of an 
infringement of copyright shall not be given or made under that section if a 
final judgment or order has been given or made in favour of the other party 
awarding damages or directing an account of profits under that section in 
respect of the same infringement. 
125 Liability for costs 
\Vhere, in an action to which section 120 applies, whether brought by the owner of 
the copyright or by the exclusive licensee, the other party is not joined as a plaintiff 
(either at the commencement of the action or at a later time), but is added as a 
defendant, the other party is not liable for any costs in the action unless he or she 
enters an appearance and takes part in the proceedings. 
Division 4--Proof of facts in civil actions 
126 Presumptions as to subsistence and o'wnership of copyright 
In an action brought by virtue of this Part: 
(a) copyright shall be presumed to subsist in the work or other subject-
matter to which the action relates if the defendant does not put in issue the 
question \vhether copyTight subsists in the work or other subject-matter; and 
(b) where the subsistence of the copyright is established-the plaintiff shall 
be presumed to be the owner of the copyright ifhe or she claims to be the 
owner of the copyright and the defendant does not put in issue the question of 
his or her ownership. 
127 Presumptions in relation to authorship of'work 
(1) \\'here a name purporting to be that of the author ofa literary, dramatic, musical 
or artistic \'lork appeared on copies of the work as published or a name purporting to 
be that of the author of an artistic \'lork appeared on the \vork when it \vas made, the 
person \vhose name so appeared, if it was his or her true name or a name by which 
he or she was commonly known, shall, in an action brought by virtue of this Part, be 
presumed, unless the contrary is established, to be the author of the work and to 
have made the \vork in circumstances to which subsections 35(4), (5) and (6) do not 
apply_ 
(2) \Vhere a work is alleged to be a \vork of joint authorship, the last preceding 
subsection applies in relation to each person alleged to be one of the authors of the 
work as if references in that subsection to the author \vere references to one of the 
authors. 
(3) \Vhere, in an action brought by virtue of this Part in relation to a photograph: IPINIl! AUS/ell 
Page 71 
(a) it is established that, at the time when the photograph was taken, a 
person was the owner of the material on which the photograph was taken or, if 
the o\\nership of that material as at that time is not established, that a person 
was the owner of the apparatus by which the photograph was taken; or 
(b) neither the ownership as at the time when the photograph was taken of 
the material on which it was taken nor the ownership as at that time of the 
apparatus by which it was taken is established but it is established that, at the 
time of the death of a person, the photograph was owned by the person or, if 
the ownership of the photograph as at that time is not established, was in the 
possession or custody of the person; 
the person shall be presumed, unless the contrary is established, to have been the 
person who took the photograph. 
128 Presumptions in relation to publisher of\vork 
\Vhere, in an action brought by virtue of this Part in relation to a literary, dramatic, 
musical or artistic work, the last preceding section does not apply, but it is 
estab I ished: 
(a) that the \vork was first published in Australia and was so published 
during the period of 50 years that ended immediately before the 
commencement of the calendar year in which the action was brought; and 
(b) that a name purporting to be that of the publisher appeared on copies of 
the work as first published; 
then, unless the contrary is established, copyright shall be presumed to subsist in the 
work and the person whose name so appeared shall be presumed to have been the 
owner of that copyright at the time of the publication. 
129 Presumptions ,,·here author has died 
(1) \Vhere, in an action brought by virtue of this Part in relation to a literary, 
dramatic, musical or artistic work, it is established that the author is dead: 
(a) the work shall be presumed to be an original work unless the contrary is 
established; and 
(b) if it is alleged by the plaintiff that a publication specified in the 
allegation was the first publication of the work, and that it took place in a 
country and on a date so specified-that publication shall be presumed, unless 
the contrary is established, to have been the first publication of the \\·ork, and 
to have taken place in that country and on that date. 
(2) \Vhere: 
(a) a literary, dramatic, musical or artistic work has been published; 
(b) the publication \vas anonymous or is alleged by the plaintiff to have 
been pseudonymous; and 
(c) it is not established that the \vork has ever been published under the true 
name of the author, or under a name by which he or she \\"as commonly 
known, or that the identity of the author is generally kno\\n or can be 
ascertained by reasonable inquiry; 
paragraphs (l)(a) and (b) apply, in an action brought by virtue of this Part in relation 
to the work, in like manner as those paragraphs apply where it is established that the 
author is dead. 
130 Eyidence in relation to recordings 
In an action brought by virtue of this Part in relation to cOPiTight in a sound 
recording, if records embodying the recording or a part of the recording have been IPlNllI AUS/ell 
Page 72 
supplied (whether by sale or otherwise) to the public and, at the time when records 
embodying the recording or part of the recording were first so supplied, the records 
or their containers bore a label or other mark containing a statement: 
(a) that a person specified on the label or mark was the maker of the 
recording; 
(b) that the recording was first published in a year specified on the label or 
mark; or 
(c) that the recording was first published in a country specified on the label 
or mark; 
that label or mark is sufficient evidence of the facts so stated except in so far as the 
contrary is established. 
131 Presumption in relation to maker of film 
\Vhere the name of a person appeared on copies of a cinematograph film as made 
available to the public in such a \vay as to imply that the person was the maker of 
the film and, in the case of a person other than a body corporate, that name \vas his 
or her true name or a name by which he or she was commonly known, that person 
shall, in an action brought by virtue of this Part, be presumed, unless the contrary is 
established, to be the maker of the film and to have made the film in circumstances 
to which subsection 98(3) does not apply. 
Division 4A-J urisdiction and Appeals 
131A Exercise of jurisdiction 
The jurisdiction of the Supreme Court of a State or Territory in an action under this 
Part shall be exercised by a single Judge of the Court. 
131B Appeals 
(1) Subject to subsection (2), a decision of a court of a State or Territory (however 
constituted) under this Part is final and conclusive. 
(2) An appeal lies from a decision of a court of a State or Territory under this Part: 
(a) to the Federal Court of Australia; or 
(b) by special leave of the High Court, to the High Court. 
131C Jurisdiction of Federal Court of Australia 
Jurisdiction is conferred on the Federal Court of Australia with respect to actions 
under this Part. 
Division 5--0ffences and Summary Proceedings 
132 Offences 
(1) A person shall not, at a time when copyright subsists in a work: 
(a) make an article for sale or hire; 
(b) sell or let for hire, or by way of trade offer or expose for sale or hire, an 
article; 
(c) by \vay of trade exhibit an article in public; or 
(d) import an article into Australia for the purpose of: 
(i) selling, letting for hire, or by \vay of trade offering or exposing 
for sale or hire, the article; 
(ii) distributing the article for the purpose of trade, or for any other 
purpose to an extent that will affect prejudicially the owner of the 
copyright in the work; or 
(iii) by way of trade exhibiting the article in public; 
if the person knows, or ought reasonably to know, the article to be an infringing 
copy of the work. IPlNllIAUS/C/l 
Page 73 
(2) A person shall not, at a time when copyright subsists in a work, distribute: 
(a) for the purpose of trade; or 
(b) for any other purpose to an extent that affects prejudicially the owner of 
the copyright; 
an article that the person knows, or ought reasonably to know, to be an infringing 
copy of the work. 
(2A) A person shall not, at a time when copyright subsists in a work, have in 
his or her possession an article for the purpose of: 
(a) selling, letting for hire, or by way of trade offering or exposing for sale 
or hire, the article; 
(b) distributing the article for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the owner of the copyright in the 
work; or 
(c) by way of trade exhibiting the article in public; 
if the person knows, or ought reasonably to know, the article to be an infringing 
copy of the work. 
(3) A person shall not, at a time when copyright subsists in a work, make or have in 
his or her possession a plate that the person knows, or ought reasonably to know, is 
to be used for making infringing copies of the work. 
(4) The preceding provisions of this section apply in relation to copyright subsisting 
in any subject-matter by virtue of Part IV in like manner as they apply in relation to 
copyright subsisting in a work by virtue of Part III. 
(5) A person shall not cause a literary, dramatic or musical work to be performed in 
public at a place of public entertainment, if the person knO\vs, or ought reasonably 
to know, that copyright subsists in the work and that the performance constitutes an 
infringement of the copyright. 
(SAA) A person shall not cause: 
(a) a sound recording to be heard in public at a place of public 
entertainment; or 
(b) a cinematograph film, in so far as it consists of visual images, to be seen 
in public at a place of public entertainment or, in so far as it consists of 
sounds, to be heard in public at such a place; 
if the person knows, or ought reasonably to know, that copyright subsists in the 
sound recording or the cinematograph film and that the copyright will thereby be 
infringed. 
(SA) For the purposes of this section, a transmission by a person of a 
computer program that is received and recorded so as to result in the creation of an 
infringing copy of the computer program shall be deemed to be a distribution by the 
person of that infringing copy. 
(6) This section applies only in respect of acts done in Australia. 
(7) Prosecutions for offences against this section may be brought in the Federal 
Court of Australia or in any other court of competent jurisdiction. 
(8) Jurisdiction is conferred on the Federal Court of Australia to hear and determine 
prosecutions for offences against this section. 
(9) In this section,piace of public entertainment includes any premises that are 
occupied principally for purposes other than public entertainment but are from time 
to time made available for hire for purposes of public entertainment. 
133 Penalties IPIN/l/AUS/C/l 
Page 74 
(1) A contravention by a person of subsection (1), (2) or (2A) of section 132 is an 
offence punishable on summary conviction by: 
(a) if it is the first cOl1viction of the person of an offence by reason ofa 
contravention of that section and the article or. each article to which the 
contravention relates is an infringing copy of a work or other subject-matter 
other than a cinematograph film-a fine not exceeding: 
(i) if the person is a natural person-$SOO; or 
(ii) if the person is a body corporate-$2,SOO; 
for the article, or for each article, to which the offence relates; 
(b) if it is the first conviction of the person of an offence by reason of a 
contravention of that section and the article or each article to which the 
contravention relates is an infringing copy of a cinematograph film: 
(i) if the person is a natural person-a fine not exceeding $1,SOO 
for the article, or for each article, to which the offence relates or 
imprisonment for a period not exceeding 2 years, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $7,SOO 
for the article, or for each article, to which the offence relates; 
(c) ifit is not the first conviction of the person of an offence by reason ofa 
contravention of that section and the article or each article to which the 
contravention relates is an infringing copy of a \vork or other subject-matter 
other than a cinematograph film: 
(i) if the person is a natural person-a fine not exceeding $SOO for 
the article, or for each article, to which the offence relates or 
imprisonment for a period not exceeding 6 months, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $5,000 
for the article, or for each article, to which the offence relates; and 
(d) if it is not the first conviction of the person of an offence by reason of a 
contravention of that section and the article or each article to which the 
contravention relates is an infringing copy of a cinematograph film: 
(i) if the person is a natural person-a fine not exceeding $1,SOO 
for the article, or for each article, to which the offence relates or 
imprisonment for a period not exceeding S years, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $IS,OOO 
for the article, or for each article, to which the offence relates. 
(2) \Vhere a fine is imposed upon a person by virtue of subsection (1) in relation to 
an offence committed by the person and there is more than one article to which the 
offence re lates: 
(a) where the person is prosecuted before the Federal Court of Australia-
the fine imposed in respect of that offence shall not exceed: 
(i) if the person is a natural person-$50,OOO; or 
(ii) if the person is a body corporate-S2S0,000; and 
(b) where the person is prosecuted before any other court-the fine imposed 
in respect of that offence shall not exceed: 
(i) if the person is a natural person-Sl 0,000; or 
(ii) if the person is a body corporate-SSO,OOO. 
(3) A contravention by a person of subsection (3), (S) or (SAA) of section 132 is an 
offence punishable upon summary conviction by: 
(a) where it is the first conviction of the person of an offence by reason of a 
contravention of that section-a fine not exceeding: (i) if the person is a natural person-$1,500; or 
(ii) if the person is a body corporate-$7,500; and 
(b) in"any other case: IP/N/lIAUS/CIl 
Page 75 
(i) if the person is a natural person-a fine not exceeding $1,500 or 
imprisonment for a period not exceeding 6 months, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $15,000. 
(4) The court before which a person is charged with an offence by reason of a 
contravention of section 132 may, whether the person is convicted of the offence or 
not, order that any article in the possession of the person that appears to the court to 
be an infringing copy, or to be a plate or recording equipment used or intended to be 
used for making infringing copies, be destroyed or delivered up to the owner of the 
copyright concerned or otherwise dealt \vith in such manner as the court thinks fit. 
133A Advertisement for supply of infringing copies of computer programs 
(1) \Vhere: 
(a) a person, by any means, publishes, or causes to be published, in 
Australia an advertisement for the supply in Australia (whether from within or 
outside Australia) of a copy of a computer program; and 
(b) the person knows, or ought reasonably to know, that the copy is, or will 
be, an infringing copy; 
the person is guilty of an offence punishable upon conviction by: 
(c) where it is the first conviction of the person of an offence against this 
subsection (including this subsection as in force before the commencement of 
section 17 of the Copyright Amendment Act 1986): 
(i) if the person is a natural person-a fine not exceeding SI,500; or 
(ii) if the person is a body corporate-a fine not exceeding S7,500; 
and 
(d) in any other case: 
(i) if the person is a natural person-a fine not exceeding SI,500 or 
imprisonment for a period not exceeding 6 months, or both; or 
(ii) if the person is a body corporate-a fine not exceeding SI5,000. 
(2) For the purposes of this section, a transmission of a computer program that, 
when received and recorded, will result in the creation of a copy of the computer 
program shall be deemed to constitute the supply of a copy of the computer program 
at the place where the copy will be created. 
(3) Prosecutions for offences against this section may be brought in the Federal 
Court of Australia or in any other court of competent jurisdiction. 
Division 6--Miscellaneous 
134 Limitation of actions in respect of infringement of copyright 
An action shall not be brought for an infringement of cop)Tight or in respect of the 
conversion or detention of an infringing copy, or of a plate used or intended to be 
used for making infringing copies, after the expiration of six years from the time 
when the infringement took place or the infringing copy or plate was made, as the 
case maybe. 
134A Affidavit evidence 
(1) Subject to subsection (2), at the trial of a proceeding, being: 
(a) an action brought by virtue of this Part; or 
(b) a prosecution for an offence against this Act; 
evidence that: IPlNllI AUS/C/I 
Page 76 
(c) at a particular time, copyright subsisted in the work or other subject-
matter to which the proceeding relates; or 
(d) at a particular time, copyright in that work or subject-matter was owned 
by, or exclusively licensed to, a particular person; or 
(e) at a particular time, copyright in that work or subject-matter was not 
owned by, or exclusively licensed to, a particular person; or 
Cf) a particular act was done without the licence of the ov,ner of the 
copyright, or of the exclusive licensee of the copyright, in that work or 
subject-matter; 
may be given by affidavit. 
(2) If a party to a proceeding referred to in subsection (1) desires in good faith that 
the person who made an affidavit referred to in that subsection that is proposed to be 
used in the proceeding be cross-examined with respect to the matters· in the 
affidavit, the affidavit may not be used in the proceeding unless the person appears 
as a witness for such cross-examination or the court in which the proceeding is 
being tried, in its discretion, permits the affidavit to be used without the person so 
appearing. 
Division 7-Seizure of imported copies of copyright material 
134B Interpretation 
In this Division: 
Conzptroller-General means the Comptroller-General of Customs. 
copyright material means: 
(a) a work; or 
(b) a sound recording; or 
(c) a cinematograph film; or 
(d) a published edition of a work; or 
(e) a television or sound broadcast as recorded in a cinematograph film or a 
sound recording. 
objector, in relation to particular seized copies, means the person who gave the 
notice under subsection 135(2) as a result of the giving of which the copies were 
seized. 
owner, in relation to the copyright in copyright material, includes an exclusive 
licensee of the copyright in the material. 
seized copies means copies seized under subsection 135(7). 
135 Restriction of importation of copies of \vorks etc. 
(1) In this section: 
(a) a reference to Australia does not include a reference to the external 
Territories; and 
(b) a reference to importation into Australia does not include a reference to 
importation from such a Territory. 
(2) A person may give the Comptroller-General a written notice stating: 
(a) that the person is the owner of the copyright in cop)Tight material; and 
(b) that the person objects to the importation into Australia of copies of the 
copyright material to which this section applies. 
(3) \Vhen a notice is given under subsection (2), any prescribed document must be 
given with the notice. IPINIlIAUS/C/l 
Page 77 
(4) This section applies to a copy of copyright material if the making of the copy 
would, if it had been carried out in Australia by the person importing the copy, have 
constituted an infringement of the copyright in the copyright material. 
(5) Unless it is revoked under subsection (6), a notice under subsection (2) remains 
in force until: 
(a) the end of the period of2 years commencing on the day on which the 
notice was given; or 
(b) the end of the period for which the copyright in the copyright material to 
which the notice relates is to subsist; 
whichever is the earlier. 
(6) A notice under subsection (2) may be revoked by written notice given to the 
Comptroller-General by the person who gave the first-mentioned notice or by a 
subsequent owner of the copyright in the copyright material to which the notice 
relates. 
(7) If: 
(a) a notice has been given under subsection (2) in respect of copyright 
material; and 
(b) the notice has not been withdrawn; and 
(c) a person imports copies of the copyright material to \vhich this section 
applies into Australia for the purpose of: 
(i) selling, letting for hire, or by way of trade offering or exposing 
for sale or hire, the copies; or 
(ii) distributing the copies for the purpose of trade; or 
(iii) distributing the copies for any other purpose to an extent that 
will affect prejudicially the o\vner of the copyright in the cop)Tight 
material; or 
(iv) by way of trade exhibiting the copies in public; and 
Cd) the copies are subject to the control of the Customs within the meaning 
of the Customs Act 1901; 
the Comptroller-General may seize the copies. 
(8) The regulations may make provision for or in relation to: 
(a) the forms of notices under this section; and 
(b) the times at which, and the manner in which, notices are to be given; and 
(c) the giving of information and evidence to the Comptroller-General. 
(9) The regulations may contain provisions similar to the provisions of this section 
in relation to the importation into external Territories (other than importation from 
Australia or from another such Territory) of copies of cop)Tight material. 
(10) This section does not apply to the importation into Australia of copies of books 
whose importation, by virtue of section 44A or 112A, does not constitute an 
infringement of copyright. 
135AA Security for expenses of seizure 
The Comptroller-General may refuse to seize copies under subsection 135(7) 
unless: 
(a) the objector has deposited with the Comptroller-General a sum of money 
that, in the opinion of the Comptroller-General, is sufficient to reimburse the 
Commonwealth for the reasonable expenses it is likely to incur as a result of 
the seizure of the copies; or 
(b) the objector has given security, to the satisfaction of the Comptroller-
General, for the reimbursement of the Commonwealth for those expenses. IP/N/lIAUS/C/1 
Page 78 
·135 .. <\B Secure storage of seized copies 
Seized copies must be taken to such secure place as the Comptroller-General 
directs. 
135AC Notice of seizure 
(1) As soon as is practicable after copies are seized under subsection 135(7), the 
Comptroller-General must give to the importer and the objector, either personally or 
by post, a written notice identifying the copies and stating that the identified copies 
have been seized. 
(2) A notice under subsection (1) must state that the copies will be released to the 
importer unless: 
(a) an action for infringement of copyright in respect of the copies is 
instituted by the objector within a specified period from the day specified in 
the notice; and 
(b) the objector gives written notice to the Comptroller-General within that 
period stating that the action for infringement of cop)Tight has been instituted. 
(3) The period to be specified for the purposes of paragraph (2)(a) is the period 
prescribed for the purposes of that paragraph. 
(4) The day specified for the purposes of paragraph (2)(a) must not be earlier than 
the day on \vhich the notice is given. 
(5) The objector may, by \\Titten notice given to the Comptroller-General before the 
end of the period specified in a notice for the purposes of paragraph (2)(a) (the 
retention period), request that the period be extended. 
(6) Subject to subsection (7), if: 
(a) a request is made in accordance with subsection (5); and 
(b) the Comptroller-General is satisfied that it is reasonable that the request 
be granted; 
the Comptroller-General may extend the retention period by such period as is 
prescribed. 
(7) A decision on a request made in accordance with subsection (5) must be made 
within 24 hours after the request is made. However, such a decision cannot be made 
after the end of the retention period to which the request relates. 
13SA.D Inspection, release etc. of seized copies 
(1) The Comptroller-General may permit the objector or the importer to inspect the 
seized copies. 
(2) If the objector gives the Comptroller-General the requisite undertakings, the 
Comptroller-General may permit the objector to remove one sample of the seized 
copies from the custody of the Comptroller-General for inspection by the objector. 
(3) If the importer gives the Comptroller-General the requisite undertakings, the 
Comptroller-General may permit the importer to remove one sample of the seized 
copies from the custody of the Comptroller-General for inspection by the importer. 
(4) The requisite undertakings are undertakings in \\Titing that the person giving the 
undertaking \vill: 
(a) return the sample copy to the Comptroller-General at a specified time 
that is satisfactory to the Comptroller-General; and 
(b) take reasonable care to prevent damage to the sample copy. 
(5) If the Comptroller-General pennits inspection of the seized copies, or the 
removal of a sample copy, by the objector in accordance with this section, the IPINII/AUS/C/l 
Page 79 
Commonwealth is not liable to the importer for any loss or damage suffered by the 
importer arising out of: 
(a) damage to any of the seized copies incurred during that inspection; or 
(b) anything done by the objector or any other person to, or in relation to, a 
sample copy removed from the custody of the Comptroller-General or any use 
made by the objector of such a sample copy. 
135AE Forfeiture of seized copies by consent 
(1) Subject to subsection (2), the importer may, by \vritten notice to the 
Comptroller-General, consent to the seized copies· being forfeited to the 
Commonwealth. 
(2) The notice must be given before any action for infringement of copyright in 
relation to the copies is instituted. 
(3) If the importer gives such a notice, the copies are forfeited to the 
Commonwealth and must be disposed of: 
(a) in the manner prescribed by the regulations; or 
(b) if no manner of disposal is so prescribed-as the Comptroller-General 
directs. 
135A.F Compulsory release of seized copies to the importer 
(1) The Comptroller-General must release seized copies (not being copies forfeited 
to the Commonwealth under section 135AE) to the importer on the expiration of the 
retention period for the copies if the objector has not, before the expiration of that 
period: 
(a) instituted an action for infringement of the relevant copyright in respect 
of the copies; and 
(b) given written notice to the Comptroller-General stating that the action 
has been instituted. 
(2) For the purpose of subsection (1): the retention period for seized copies is: 
(a) the period specified in a notice given under subsection 135AC(I) in 
respect of the copies; or 
(b) if that period has been extended under subsection 135AC(6), that period 
as so extended. 
(3) If: 
(a) an action for infringement of copyright has been instituted in respect of 
seized copies; and 
(b) at the end of a period of 3 weeks commencing on the day on \vhich the 
action \vas instituted, there is not in force an order of the court in \vhich the 
action was instituted preventing the release of the copies; 
the Comptroller-General must release the copies to the importer. 
(4) If the objector gives written notice to the Comptroller-General stating that he or 
she consents to the release of the seized copies, the Comptroller-General must 
release the copies to the importer. 
(5) This section has effect subject to section 135AH. 
135AG Provision relating to actions for infringement of copyright 
(1) In this section, infringement action means an action for an infringement of 
copyright constituted by the importation of seized copies. 
(2) The court in which an infringement action is pending may, on the application of 
a person having a sufficient interest in the subject-matter of the action, allow the 
person to be joined as a defendant to the action. IPINIl/AUS/CIl 
Page 80 
(3) The Comptroller-General is entitled to be heard on the hearing of an 
infringement action. 
(4) In addition to any relief that may be granted apart from this section, the court 
may: 
(a) at any time, order that the seized copies be released to the importer 
subject to such conditions (if any) as the court thinks fit; or 
(b) order that the seized copies not be released to the importer before the 
end of a specified period; or 
(c) order that the goods be forfeited to the Commonwealth. 
(5) A court may not make an order under paragraph (4)(a) ifit is satisfied that the 
Comptroller-General is required or pennitted, under any other law of the 
Commonwealth, to retain control of the seized copies. 
(6) The Comptroller-General must comply with an order made under subsection (4). 
(7) If: 
(a) the court decides that the relevant copyright was not infringed by the 
importation of the seized copies; and 
(b) a defendant to the infringement action satisfies the court that he or she 
has suffered loss or damage as a result of the seizure of the copies; 
the court may order the objector to pay to that defendant such amount as the court 
detennines as compensation for any part of that loss or damage that is attributable to 
a period beginning on or after the day on which the action was commenced. 
135AH Retention of control of seized copies 
In spite of section 135AF, in a case in which no order has been made under 
subsection 135AG(4) in relation to seized copies, the Comptroller-General is not 
obliged to release or dispose of the copies if the Comptroller-General is required or 
permitted, under any other law of the Commonwealth, to retain control of the 
copies. 
135A.I Disposal of seized copies ordered to be forfeited 
If a court orders that seized copies are to be forfeited to the Commonwealth, the 
copies must be disposed of: 
(a) in the manner prescribed by the regulations; or 
(b) if no manner of disposal is so prescribed-as the Comptroller-General 
directs. 
135AJ Insufficient security 
(1) If the reasonable expenses incurred by the Commonwealth in relation to action 
taken by the Comptroller-General under this Division or taken in accordance with 
an order of a court under this Division exceed the amount deposited, or the amount 
of the security given, under section 135AA, the amount of the excess is a debt due 
to the Commonwealth. 
(2) The debt created by subsection (1) is due: 
(a) by the objector; or 
(b) if there are 2 or more objectors, by the objectors jointly and severally. 
135AK Immunity of the Common\vealth 
The Commonwealth is not liable for any loss or damage suffered by a person: 
(a) because of the seizure of copies, or the failure of the Comptroller-
General to seize copies, under this Division; or 
(b) because of the release of any seized copies. IPINIll ADS/C/I 
Page 81 
-Part VA-Copying of Broadcasts by Educational and Other 
Institutions 
Division I-Preliminary 
135A Interpretation 
In this Part: 
administering body means a body administering an institution. 
broadcast means a sound broadcast or a television broadcast. 
collecting society means the body that is, for the i1me being, declared to be the 
collecting society under section 135P. 
institution means: 
(a) an educational institution; or 
(b) an institution assisting intellectually handicapped persons. 
notice holder means the person who is, for the time being, appointed to be the 
notice holder under section 135T. 
preview copy means a copy of a broadcast referred to in section 135F. 
records notice means a remuneration notice specifying that the amount of equitable 
remuneration payable to the collecting society by the administering body giving the 
notice is to be assessed on the basis of a records system. 
relevant copyright owner means the o\vner of the copyright in a work, a sound 
recording or a cinematograph film. 
remuneration notice means a notice referred to in subsection 135G(1). 
rules, in relation to the collecting society, means the provisions of the memorandum 
and articles of association of the society. 
sampling notice means a remuneration notice specifying that the amount of 
equitable remuneration payable to the collecting society by the administering body 
giving the notice is to be assessed on the basis of a sampling system. 
student, in relation to an institution, has the meaning given by section 135C. 
135B Copies of broadcasts 
In this Part: 
(a) a reference to a copy of a broadcast is a reference to a record embodying 
a sound recording of the broadcast or a copy of a cinematograph film of the 
broadcast; and 
(b) a reference to the making of a copy of a broadcast is a reference to the 
making of a copy of the whole or a part of the broadcast. 
135C Student of an institution 
In this Part, a reference to a student of an institution is: 
(a) in the case of an educational institution-a reference to a student of the 
institution;' and 
(b) in the case of an institution assisting intellectually handicapped 
persons-a reference to an intellectually handicapped person to whom the 
institution provides assistance. 
135D Operation of collecting society rules 
This Part applies to the collecting society despite anything in the rules of the society 
but nothing in this Part affects those rules so far as they can operate together with 
this Part. 
Division 2-Copying of broadcasts 
135E Copying of broadcasts by educational institutions etc. IP/N/lIAUS/C/l 
Page 82 
(1) The copyright in a broadcast, or in any work, sound recording or cinematograph 
film included in a broadcast, is not infringed by the making, by or on behalf of an 
administering body, ofa copy of the broadcast if: 
(a) a remuneration notice, given by or on behalf of the administering body 
to the collecting society, is in force; 
(b) where the copy is made by, or on behalf of, a body administering an 
educational institution-the copy is made solely for the educational purposes 
of the institution or of another educational institution; 
(c) where the copy is made by, or on behalf of, a body administering an 
institution assisting intellectually handicapped persons- the copy is made . 
solely for the purposes of use in the provision of assistance to intellectually 
handicapped persons by the institution or by another similar institution; and 
(d) the administering body complies ''''ith subsection 135K(1) or (3), as the 
case requires, in relation to the copy. 
(2) \Vhere a copy of a broadcast referred to in subsection (1): 
(a) is used for a purpose other than a purpose referred to in paragraph (l)(b) 
or (c); 
(b) is made, sold or othenvise supplied for a financial profit; or 
(c) is given to an administering body when there is not in force a 
remuneration notice given by that body to the collecting society; 
with the consent of the administering body by whom, or on whose behalf, it is made, 
subsection (1) does not apply, and shall be taken never to have applied, to the 
making of the copy. 
135F Previe\\' copies 
(1) ,The copyright in a broadcast, or in any work, sound recording or cinematograph 
film included in a broadcast, is not infringed by the making of a preview copy of the 
broadcast. 
(2) A copy of a broadcast is a preview copy if: 
(a) the copy is made by, or on behalf of, an administering body; 
(b) a remuneration notice, given by, or on behalf of, the administering body 
to the collecting society, is in force; and 
(c) the copy is made and used solely for the purpose of enabling that body 
to decide whether or not the copy should be retained for the educational 
purposes of the institution administered by it, or for use in the provision of 
assistance to intellectually handicapped persons by the institution 
administered by it, as the case may be. 
(3) Subject to this section, a preview copy shall be destroyed within 14 days after 
the day on which it was made (in this section called the preview periocf). 
(4) A preview copy may be retained after the end of the preview period if: 
(a) \vhere the relevant institution is an educational institution -the copy is 
retained solely for the educational purposes of the institution; or 
(b) where the relevant institution is an institution assisting intellectually 
handicapped persons-the copy is retained solely for the purpose of use in the 
provision of assistance to such persons by the institution. 
(5) \Vhere a preview copy is retained under subsection (4), subsection 135E(1) 
applies in relation to the copy after the end of the preview period as if the copy had 
been made solely for a purpose referred to in paragraph 135E(l)(b) or (c). IP/N/ll AUS/ell 
Page 83 
(6) \Vhere a preview copy is neither destroyed within the preview period nor 
retained under subsection (4), subsection (1) does not apply, and shall be taken 
never to have applied, to the making of the copy. 
135G Remuneration notices 
(1) An administering body may, by notice in \\-Titing given to the collecting society 
by it or on its behalf, undertake to pay equitable remuneration to the society for 
copies of broadcasts made by it, or on its behalf, being copies made while the notice 
is in force. 
(2) A remuneration notice shall specify whether the amount of equitable 
remuneration is to be assessed on the basis of a records system or a sampling 
system. 
(3) A remuneration notice comes into force on the day on which it is given to the 
collecting society, or on such later day as is specified in the notice, and remains in 
force until it is revoked. 
135H Records notices 
(1) \Vhere a records notice is given by, or on behalf of, an administering body, the 
amount of equitable remuneration payable to the collecting society by the 
administering body for each copy of a broadcast made by, or on behalf of, the 
administering body while the notice is in force is such amount as is determined by 
agreement between the administering body and the collecting society or, failing 
such agreement, by the Copyright Tribunal on application made by either of them. 
(2) For the purposes of subsection (1), different amounts may be determined 
(whether by agreement or by the Copyright Tribunal) in relation to: 
(a) different classes of works, sound recordings or cinematograph films 
inc I uded in broadcasts; 
(b) different institutions administered by the administering body; or 
(c) different classes of students of an institution administered by the 
administering body. 
135J Sampling notices 
(1) \Vhere a sampling notice is given by, or on behalf of, an administering body, the 
amount of equitable remuneration payable to the collecting society by the 
administering body for copies of broadcasts made by it, or on its behalf, while the 
notice is in force is such annual amount per student of the institution concerned as is 
detennined by agreement between the administering body and the collecting society 
or, failing such agreement, by the Copyright Tribunal on application made by either 
of them. 
(2) The annual amount referred to in subsection (1) shall be determined (whether by 
agreement or by the Copyright Tribunal) having regard to the extent to which copies 
of broadcasts are made by, or on behalf of, the administering body in a particular 
period and to such other matters (if any) as are relevant in the circumstances. 
(3) The extent of copying of broadcasts and any other matters that are necessary or 
convenient to be assessed by use of a sampling system, shall be assessed by use of a 
sampling system determined by agreement between the administering body and the 
collecting society or, failing such agreement, by the Copyright Tribunal on 
application made by either of them. 
(4) For the purposes of subsection (1), different annual amounts may be detennined 
(whether by agreement or by the CopjTight Tribunal) in relation to different IP/N/I/AUS/C/I 
Page 84 
institutions adm inistered by the administering body and different classes of students 
of an institution administered by it. 
(5) \Vhere: 
(a) a sampling notice is given by, or on behalf of, an administering body to 
the collecting society; and 
(b) during any period, the administering body does not comply with one or 
more of the requirements of the sampling system determined under this 
section in relation to the notice; 
subsections 135E{l) and 135F{l) do not apply to any copy of a broadcast made by, 
or on behalf of, the administering body during that period. 
135K l\larking and record keeping requirements 
(1) \Vhere a records notice is given by, or on behalf of, an administering body, the 
body shall: 
(a) mark, or cause to be marked, in accordance with the regulations, each 
copy of a broadcast made by it, or on its behalf, while the notice is in force, or 
any container in which such a copy is kept; 
(b) make, or cause to be made, a record of each copying of a broadcast 
carried out by it, or on its behalf, while the notice is in force, being a record 
containing such particulars as are prescribed; 
(c) retain that record for the prescribed retention period after the making of 
the copy to which it relates; and 
(d) send copies of all such records to the collecting society in accordance 
with the regulations. 
(2) For the purposes of subsection (I), a record of the copying ofa broadcast: 
(a) may be kept in \vriting or in any other manner prescribed in the 
regulations; and 
(b) if it is kept in writing, shall be in accordance with the prescribed fonn. 
(3) \Vhere a sampling notice is given by, or on behalf of, an administering body, the 
body shall mark, or cause to be marked, in accordance \'lith the regulations, each 
copy of a broadcast made by it, or on its behalf, \vhile the notice is in force, or any 
container in which such a copy is kept. 
135L Inspection of records etc. 
(l) \Vhere a remuneration notice is or has been in force, the collecting society may, 
in writing, notify the administering body which gave the notice that the society 
wishes, on a day specified in the notice, being an ordinary \'lorking day of the 
institution specified in the notice not earlier than 7 days after the day on \vhich the 
notice is given, to do such of the following things as are specified in the notice: 
(a) assess the amount of copying of broadcasts carried out at the premises of 
the institution; 
(b) inspect all the relevant records held at those premises that relate to the 
making of copies of broadcasts in reliance on section 135E; 
(c) inspect such other records held at those premises as are relevant to the 
assessment of the amount of equitable remuneration payable by the 
administering body to the society. 
(2) Where the collecting society gives a notice, a person authorised in \\Titing by the 
society may, during the ordinary \llorking hours of the relevant institution on the day 
specified in the notice (but not before 10 a.m. or after 3 p.m.), carry out the IPlNllI AUS/e/l 
Page 85 
assessment, or inspect the records, to which the notice relates and, for that purpose, 
may enter the premises of the institution. 
(3) An administering body shall take all reasonable precautions, and exercise 
reasonable diligence, to ensure that a person referred to in subsection (2) who 
attends at the premises of an institution administered by the body for the purpose of 
exercising the powers conferred by that subsection is provided with all reasonable 
and necessary facilities and assistance for the effective exercise of those powers. 
(4) An administering body that contravenes subsection (3) is guilty of an offence 
punishable, on conviction, by a fine not exceeding $500. 
135M Revocation of remuneration notice 
A remuneration notice may be revoked at any time by the relevant administering 
body by notice in writing given to the collecting society, and the revocation takes 
effect at the end of 3 months after the date of the notice or on such later day as is 
specified in the notice. 
135N Request for payment of equitable remuneration 
(1) Subject to this section, where a remuneration notice is or has been in force, the 
collecting society may, by notice in writing given to the administering body which 
gave the notice, request the body to pay to the society, within a reasonable time after 
the date of the notice, the amount of equitable remuneration specified in the notice, 
being an amount payable under section 135H or 135J, as the case may be, for copies 
of broadcasts made by, or on behalf of, the body while the remuneration notice is or 
was in force. 
(2) \Vhere the remuneration notice is a sampling notice, the collecting society shall 
not make a request under this section more than once in each period of 12 months 
during which the notice is in force. 
(3) If an amount specified in a request under subsection (1) is not paid in accordance 
with the request, it may be recovered from the relevant administering body by the 
collecting society in the Federal Court of Australia or any other court of competent 
jurisdiction as a debt due to the society. 
(4) Jurisdiction is conferred on the Federal Court of Australia with respect to actions 
under subsection (3). 
Division 3-The collecting society 
135P The collecting society 
(1) Subject to this section, the Attorney-General may, by notice in the Ga=ette, 
declare a body named in the notice to be the collecting society. 
(2) The Attorney-General shall not name more than one body in a declaration and 
shall not make a declaration while an earlier declaration is in force. 
(3) The Attorney-General shall not declare a body to be the collecting society 
unless: 
(a) it is a company limited by guarantee and incorporated under a law in 
force in a State or Territory relating to companies; 
(b) all relevant copyright owners, or their agents, are entitled to become its 
members; 
(c) its rules prohibit the payment of dividends to its members; and 
(d) its rules contain such other provisions as are prescribed, being 
provisions necessary to ensure that the interests of the collecting society'S 
members who are relevant copyright owners or their agents are protected 
adequately, including, in particular, provisions about: IPINIlIAUS/CIl 
Page 86 
(i) the collection of amounts of equitable remuneration payable by 
administrative bodies under section 135H or 135J; 
(ii) the payment of the administrative costs of the society out of 
amounts collected by it; 
(iii) the distribution of amounts collected by it; 
(iv) the holding on trust by the society of amounts for relevant 
copyright owners who are not its members; and 
(v) access to records of the society by its members. 
135Q Revocation of declaration 
The Attorney-General may, by notice in the Gazette, revoke the declaration of a 
body as the collecting society if satisfied that the body: 
(a) is not functioning adequately as the collecting society; 
(b) is not acting in accordance with its rules or in the best interests of those 
of its members who are relevant copyright owners or their agents; 
(c) has altered its rules so that they no longer comply \vith paragraphs 
135P(3)(c) and (d); or 
(d) has refused or failed, without reasonable excuse, to comply \vith section 
135R or 135S. 
135R Annual report and accounts 
(1) The collecting society shall, as soon as practicable after the end of each financial 
year, prepare a report of its operations during that financial year and send a copy of 
the report to the Attorney-General. 
(2) The Attorney-General shall cause a copy of the report sent to the Attorney­
General under subsection (1) to be laid before each House of the Parliament within 
15 sitting days of that House after the receipt of the report by the Attorney-General. 
(3) The society shall keep accounting records correctly recording and explaining the 
transactions of the society (including any transactions as trustee) and the financial 
position of the society. 
(4) The accounting records shall be kept in such a manner as will enable true and 
fair accounts of the society to be prepared from time to time and those accounts to 
be conveniently and properly audited. 
(5) The society shall, as soon as practicable after the end of each financial year, 
cause its accounts to be audited by an auditor who is not a member of the society, 
and shall send to the Attorney-General a copy of its accounts as so audited. 
(6) The society shall give its members reasonable access to copies of all reports and 
audited accounts prepared under this section. 
(7) This section does not affect any obligations of the society relating to the 
preparation and lodging of annual returns or accounts under the law under which it 
is incorporated. 
135S Amendment of rules 
The collecting society shall, within 21 days after it alters its rules, send a copy of the 
rules as so altered to the Attorney-General, together with a statement setting out the 
effect of the alteration and the reasons why it was made. 
Division 4-Interim copying 
135T Appointment of notice holder 
The Attorney-General may, by notice in the Gazette, appoint a person to be the 
notice holder for the purposes of this Division. 
135U Copying before declaration of collecting society IPlNllIAUS/CIl 
Page 87 
(1) The copyright in a broadcast, or in any work, sound recording or cinematograph 
film included in a broadcast, is not infringed by the making, by or on behalf of an 
administering body, of a copy of the broadcast if: 
(a) at the time the copy is made, the first collecting society has not been 
declared; 
(b) a notice given by the administering body to the notice holder under 
subsection 135W(I) is in force; 
(c) where the copy is made by, or on behalf of, a body administering an 
educational institution-the copy is made solely for the educational purposes 
of the institution or of another educational institution; 
(d) where the copy is made by, or on behalf of a body administering an 
institution assisting intellectually handicapped persons-the copy is made 
solely for the purposes of use in the provision of assistance to intellectually 
handicapped persons by the institution or by another similar institution; and 
(e) the administering body complies with paragraphs 135K(I)(a), (b) and (c) 
or subsection 135K(3), in so far as those provisions apply. 
(2) \Vhere a copy of a broadcast referred to in subsection (1): 
(a) is used for a purpose other than a purpose referred to in paragraph (1)(c) 
or (d); 
(b) is made, sold or otherwise supplied for a financial profit; or 
(c) is given to an administering body when there is not in force a notice 
given by that body to the notice holder under subsection 135\V(l); 
with the consent of the administering body by whom, or on whose behalf, it is made, 
subsection (1) does not apply, and shall be taken never to have applied, to the 
making of the copy. 
135V Previe,,, copies 
Section 135F applies to the making of preview copies of broadcasts before the first 
collecting society is declared as if: 
(a) the reference in paragraph 135F(2)(b) to a remuneration notice given by 
an administering body to the collecting society were a reference to a notice 
under subsection 135\V(1) given by the administering body to the notice 
holder; and 
(b) the references in subsection 135F(5) to subsection 135E(1), and 
paragraphs 135E(l)(b) and (c), were references to subsection 135U(I), and 
paragraphs 135U(l)(c) and (d), respectively. 
13S\V Notices by administering bodies 
(1) An administering body may at any time before the declaration of the first 
collecting society, by notice in writing given to the notice holder, undertake to pay 
equitable remuneration to the collecting society, when it is declared, for copies of 
broadcasts made by, or on behalf of, the administering body while the notice is in 
force. 
(2) A notice shall specify whether the amount of equitable remuneration is to be 
assessed on the basis of a records system or a sampling system. 
(3) A notice comes into force on the day on which it is given to the notice holder, or 
on such later day as is specified in the notice, and remains in force until it is 
revoked. IP/N/lIAUS/CII 
Page 88 
(4) A notice may be revoked at any time by the relevant administering body by 
notice in writing given to the notice holder, and the revocation takes effect on the 
date of the notice of revocation or on such later date as is specified in it. 
135X Marking and record keeping requirements 
(1) \Vhere an administering body gives a notice under subsection 135\V(1) that 
specifies that the amount of equitable remuneration is to be assessed on the basis of 
a records system, paragraphs 135K(l)(a), (b) and (d) and subsection 135K(2) apply 
as if: 
(a) the reference to the collecting society .were a reference to the notice 
holder; and 
(b) references to a records notice were references to the notice under 
subsection 135\V(1). 
(2) \Vhere an administering body gives a notice under subsection 135W(l) that 
specifies that the amount of equitable remuneration is to be assessed on the basis of 
a sampling system, subsection 135K(3) applies as if: 
(a) the reference to the collecting society were a reference to the notice 
holder; and 
(b) references to a sampling notice were references to the notice under 
subsection 135\V(1). 
135Y Effect of declaration of collecting society 
(1) \Vhere the first collecting society is declared, a notice given by an administering 
body to the notice holder under subsection 13 5\V( I) and in force immediately 
before that declaration shall, on and after that declaration, be taken, for the purposes 
of this Part, to be a records notice or a sampling notice, as the case may be, given by 
that body to the collecting society, being a records notice or sampling notice that 
came into force on the day on which the notice came into force. 
(2) \Vhere a notice is to be taken under this section to be a records notice, the 
relevant administering body shall cause copies of all records made under paragraph 
135K(l)(b) on or after the day on which the notice is taken to have come into force 
to be sent to the collecting society within 21 days after the declaration of the 
collecting society. 
Division 5--l\liscellaneous 
135Z Releyant copyright o,,·ner may authorise copying 
Nothing in this Part affects the right of the owner of the copyright in a broadcast, or 
in a work, sound recording or cinematograph film included in a broadcast, to grant a 
licence authorising an administering body to make, or cause to be made, a copy of 
the broadcast, work, sound recording or film without infringing that copyright. 
135ZA Copyright not to vest in copier 
Despite any other provision of this Act, the making of a copy of a broadcast by, or 
on behalf of, an administering body that is not an infringement of copyright under 
this Part, does not vest copyright in any \vork or other subject-matter in any person. 
Part VB-Copying of Works etc. by Educational and Other 
Institutions 
Division I-Preliminary 
135ZB Interpretation 
In this Part: 
administering body means a body administering an institution. IPINIlIAU5/CIl 
Page 89 
collecting society means a body that is, for the time being, declared to be a 
collecting society under section 135ZZB. 
eligible item has the meaning given by section 135ZC. 
institution means: 
(a) an educational institution; 
(b) an institution assisting handicapped readers; or 
( c) an institution assisting intellectually handicapped persons. 
licensed copy means: 
(a) a copy of the whole or a part of a work, being a copy made by, or on 
behalf of, a body administering an educational institution in reliance on 
section 135ZJ, 135ZK or 135ZL; 
(b) a record embodying a sound recording of the whole or a part of a literary 
or dramatic work, or a Braille version, a large-print version or a photographic 
version of the whole or a part of such a work, being a record or version made 
by, or on behalf of, a body administering an institution assisting handicapped 
readers in reliance on section 135ZP; or 
(c) a copy of the whole or a part of an eligible item, being a copy made by, 
or on behalf of, a body administering an institution assisting intellectually 
handicapped persons in reliance on section 135Z5. 
records notice means a remuneration notice specifying that the amount of equitable 
remuneration payable to the collecting society by the administering body giving the 
notice is to be assessed on the basis of a records system. 
relevant collecting society, in relation to a remuneration notice, means the 
collecting society for the owners of the copyright in works, or other subject-matter, 
of the same kind as that to which the remuneration notice relates. 
relevant copyriglzt owner means the owner of the copyright in a work or an eligible 
item other than a work. 
remuneration notice means a notice referred to in subsection 135ZU(l). 
rules, in relation to a collecting society, means the provisions of the memorandum 
and articles of association of the society. 
sampling notice means a remuneration notice specifying that the amount of 
equitable remuneration payable to the collecting society by the administering body 
giving the notice is to be assessed on the basis of a sampling system. 
student, in relation to an institution, has the meaning given by section 135ZD. 
135ZC Eligible items and photographic versions 
In this Part: 
(a) a reference to an eligible item is a reference to: 
(i) a published literary, dramatic, musical or artistic work; 
(ii) a published sound recording or cinematograph film; or 
(iii) a work referred to in subparagraph (i) that is included in a sound 
broadcast; 
(b) a reference to a copy of an eligible item, being a literary, dramatic or 
musical work, is a reference to any of the following: 
(i) a reproduction of the work in a material form; 
(ii) an adaptation of the work; 
(iii) a reproduction in a material form of an adaptation of the work; 
(c) a reference to a copy of an eligible item, being an artistic work, is a 
reference to a reproduction in a material form of the work; IP/N/l/AUS/C/I 
Page 90 
(d) a reference to a copy of an eligible item, being a sound recording or a 
cinematograph film, is a reference to a copy of the sound recording or 
cinematograph film; and 
(e) a reference to a photographic version of a work or a part of a work is a 
reference to a copy of the work or part of the work produced as a film-strip, or 
series of separate transparencies, designed to meet the needs of handicapped 
readers. 
135ZD Student of an institution 
In this Part, a reference to a student of an institution is: 
(a) in the case of an educational institution-a reference to a student of the 
institution; 
(b) in the case of an institution assisting handicapped readers-a reference 
to a handicapped reader to whom the institution provides assistance; 
(c) in the case of an institution assisting intellectually handicapped 
persons-a reference to an intellectually handicapped person to \\thom the 
institution provides assistance. 
135ZE Part does not apply to computer programs 
Nothing in this Part applies in relation to a literary work, being a computer program 
or a compilation of computer programs. 
135ZF Operation of collecting society rules 
This Part applies to a collecting society despite anything in the rules of the society 
but nothing in this Part affects those rules so far as they can operate together with 
this Part. 
Division 2-Copying of,vorks by ed ucational institutions 
135ZG l\'lultiple copying of insubstantial portions of ''''orks 
(1) Subject to this section, copyright in a literar), or dramatic work is not infringed 
by the making of one or more copies of a page or pages of the work in an edition of 
the work if the copying is carried out on the premises of an educational institution 
for the purposes of a course of education provided by it. 
(2) Subsection (1) does not apply to the making of a copy of the whole of a work. 
(3) Subsection (1) does not apply to the making ofa copy of more than 2 of the 
pages of a work in an edition of the work unless: 
(a) there are more than 200 pages in the edition; and 
(b) the total number of pages so copied does not exceed 1% of the total 
number of pages in the edition. 
(4) \\'here: 
(a) a person makes, or causes to be made, a copy of a part of a work 
contained on a page or pages in an edition; and 
(b) subsection (1) applies to the making of that copy; 
that subsection does not apply to the making, by or on behalf of that person, of a 
copy of any other part of that work within 14 days after the day on which the 
previous copy was made. 
(5) In this section, a reference to an edition of a work includes a reference to an 
edition of works that include that work. 
135ZH Copying of published editions by educational institutions 
The copyright in a published edition of a work (being a work in which copyright 
does not subsist) is not infringed by the making of one or more reproductions of the 
whole or a part of the edition if the reproduction, or each of the reproductions, is IPIN/ll AUS/ell 
Page 91 
made in the course of the making ofa copy of the whole or a part of the work by, or 
on behalf of, a body administering an educational institution for the educational 
purposes of that institution or of another educational institution. 
135ZJ Multiple copying of periodical articles by educational institutions 
(1) Subject to this section, the copyright in an article contained in a periodical 
publication is not infringed by the making of one or more copies of the whole or a 
part of that article by, or on behalf of, a body administering an educational 
institution if: 
(a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
(b) the copy is made solely for the educational purposes of the institution or 
of another educational institution; and 
(c) the body complies with subsection 135ZX(1) or (3), as the case requires, 
in relation to the copy. 
(2) This section does not apply in relation to copies of, or of parts of, 2 or more 
articles contained in the same periodical publication unless the articles relate to the 
same subject-matter. 
135ZK Multiple copying of\vorks published in anthologies 
The copyright in a literary or dramatic work, being a work contained in a published 
anthology of works and comprising not more than 15 pages in that anthology, is not 
infringed by the making of one or more copies of the whole or a part of that work 
by, or on behalf of, a body administering an educational institution if: 
(a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
(b) the copy is made solely for the educational purposes of the institution or 
of another educational institution; and 
(c) the body complies with subsection 135ZX(1) or (3)~ as the case requires, 
in relation to the copy. 
135ZL ~Iultiple copying of works by educational institutions 
(1) Subject to this section, the copyright in a literary, dramatic, musical or artistic 
\vork (other than an article contained in a periodical publication) is not infringed by 
the making of one or more copies of the whole or a part of the work by, or on behalf 
of, a body administering an educational institution if: 
(a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
(b) the copy is made solely for the educational purposes of the institution or 
of another educational institution; and 
(c) the body complies with subsection 135ZX(1) or (3), as the case requires, 
in relation to the copy. 
(2) This section does not apply in relation to copies of the whole, or of more than a 
reasonable portion, of a work that has been separately published unless the person 
\vho makes the copies, or causes the copies to be made, for, or on behalf of, the 
body is satisfied, after reasonable investigation, that copies (other than second-hand 
copies) of the work cannot be obtained within a reasonable time at an ordinary 
commercial price. 
135Zl\I Application of Division to certain illustrations IPINIl/ AUS/ell 
Page 92 
\Vhere an article or other literary, dramatic or musical work is accompanied by an 
artistic work or artistic works provided for the purpose of explaining or illustrating 
the article or other work, the preceding sections of this Division apply as if: 
(a) where any of those sections provides that the copyright in the article or 
other work is not infringed-the reference to that copyright included a 
reference to any copyright in that artistic work or those artistic works; 
(b) a reference to a copy of an article or other work included a reference to a 
copy of the article or other work together with a copy of that artistic work or 
those artistic works; 
(c) a reference to a copy ofa part of an article or other work included a 
reference to a copy of that part of the article or other work together with a 
copy of the artistic work or artistic works provided for the purpose of 
explaining or illustrating that part; 
(d) a reference to a copy of a page of a literary or dramatic work in an 
edition of the work included a reference to a copy of a page in such an edition 
that contained that work and an artistic work or artistic works provided for the 
purpose of explaining or illustrating that part of that work; and 
(e) a reference to a copy of pages ofa literary or dramatic work in an 
edition of the work included a reference to a copy of pages in such an edition 
that contained a part of that work and an artistic work or artistic works 
provided for the purpose of explaining or illustrating that part of that work. 
Division 3-Copying of ,yorks by institutions assisting handicapped 
readers 
135Zl' Copying of published editions by institutions assisting handicapped readers 
The copyright in a published edition of a work (being a \vork in which copyright 
does not subsist) is not infringed by the making of one or more reproductions of the 
\vhole or a part of the edition if the reproduction, or each of the reproductions, is 
made in the course of the making of a copy of the who Ie or a part of the \vork by, or 
on behalf of, a body administering an institution assisting handicapped readers for 
use in the provision, whether by the institution or otherwise, of assistance to 
handicapped readers. 
135ZP l\'Iultiple copying of"'orks by institutions assisting handicapped readers 
(l) The copyright in a literary or dramatic work is not infringed by the making by, 
or on behalf of, a body administering an institution assisting handicapped readers of 
one or more records embodying a sound recording of the \\lork or of a part of the 
work if: 
(a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
(b) each record is made solely for use by a handicapped reader for the 
purpose of research or study that he or she is undertaking or proposes to 
undertake, or for the purpose of otherwise instructing himself or herself on 
any matter; and 
(c) the body complies with subsection 135ZX(l) or (3), as the case requires, 
in relation to each copy. 
(2) The copyright in a published literary or dramatic work is not infringed by the 
making by, or on behalf of, a body administering an institution assisting 
handicapped readers, of one or more Braille versions, large-print versions or 
photographic versions of the work or of a part of the work if: IPfN/II AUS/ell 
Page 93 
(a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
(b) each version is made solely for use by a handicapped reader for the 
purpose of research or study that he or she is undertaking or proposes to 
undertake, or for the purpose of otherwise instructing himself or herself on 
any matter; and 
(c) the body complies with subsection 135ZX(1) or (3), as the case requires, 
in relation to each version. 
(3) \Vhere a sound recording ofa work has been published, subsection (1) does not 
apply to the making of any record embodying a sound recording of the work 
(including a record that is a copy of that first-mentioned sound recording) for, or on 
behalf of, a body administering an institution assisting handicapped readers unless 
the person who makes that record, or causes that record to be made, is satisfied, 
after reasonable investigation, that no new record that embodies only a sound 
recording of the work can be obtained within a reasonable time at an ordinary 
commercial price. 
(4) Where a Braille version ofa work has been separately published, subsection (2) 
does not apply to the making of a Braille version of the work, or of a part of the 
work, unless the person who makes that version, or causes that version to be made, 
for, or on behalf of, a body administering an institution assisting handicapped 
readers is satisfied, after reasonable investigation, that no new copy of a Braille 
version of the work, being a version that has been separately published, can be 
obtained within a reasonable time at an ordinary commercial price. 
(5) \Vhere a large-print version of a work has been separately published, subsection 
(2) does not apply to the making of a large-print version of the \vork, or of a part of 
the work, unless the person \vho makes the version, or causes the version to be 
made, for, or on behalf of, a body administering an institution assisting handicapped 
readers is satisfied, after reasonable investigation, that no nevo/ copy of a large-print 
version of the work, being a version that has been separately published, can be 
obtained within a reasonable time at an ordinary commercial price. 
(6) \Vhere a photographic version of a work has been separately published, 
subsection (2) does not apply to the making of a photographic version of the \vork, 
or of a part of the work, unless the person who makes the version, or causes the 
version to be made, for, or on behalf of, a body administering an institution assisting 
handicapped readers is satisfied, after reasonable investigation, that no new copy of 
a photographic version of the \vork, being a version that has been separately 
published, can be obtained within a reasonable time at an ordinary commercial 
price. 
(7) For the purposes of this section, a record or a version shall be taken to be a new 
record or version if it is not second-hand. 
135ZQ Making of releyant reproductions by institutions assisting handicapped 
readers 
(1) Subject to this section, the copyright in a published literary or dramatic work is 
not infringed by the making by, or on behalf of, a body administering an institution 
assisting handicapped readers, of a relevant reproduction of the work, or of a part of 
the work, if the relevant reproduction is made solely for use in the making by, or on 
behalf of, that body, of a handicapped reader's copy of the work, or of a part of the 
work, as the case may be. IP/N/l/ AUS/e/I 
Page 94 
(2) \Vhere: 
(a) a relevant reproduction of a work, or of a part of a work, is made by, or 
on behalf of, a body administering an institution assisting handicapped 
readers; and 
(b) the relevant reproduction: 
(i) is used othenvise than in the making by, or on behalf of, that 
body, of a handicapped reader's copy of the work, or of a part of the 
work, as the case may be; or 
(ii) is not destroyed within 3 months after the day on which it was 
made; 
subsection (1) does not apply, and shall be taken never to have applied, to the 
making of the relevant reproduction. 
(3) Subsection (1) does not apply to the making ofa relevant reproduction, being a 
record embodying a sound recording, of a work, or of a part of a work, unless, at the 
time the record was made, there \vas embodied on the record, immediately before 
the beginning of that sound recording, a sound recording of the prescribed message. 
(4) Subsection (1) does not apply to the making ofa relevant reproduction ofa 
work, or of a part of a \vork, unless the body by whom, or on whose behalf, the 
relevant reproduction is made marks it, or causes it to be marked, in accordance 
with the regulations. 
(5) In this section: 
relevant reproduction, in relation to a work, or a part of a work, means: 
(a) a copy of the work, or ofa part of the work; or 
(b) a record embodying a sound recording of the work, or of a part of the 
work; or 
(c) a Braille version, a large-print version, or a photographic version, of the 
work, or of a part of the work. 
Division 4--Copying of ,yorks etc. by institutions assisting intellectually 
handicapped persons 
135ZR Copying of publisbed editions by institutions assisting intellectually 
bandicapped persons 
The copyright in a published edition of a work (being a work in which copyright 
does not subsist) is not infringed by the making of one or more reproductions of the 
\vhole or a part of the edition in the course of making one or more copies of the 
whole or a part of the work by, or on behalf of, a body administering an institution 
assisting intellectually handicapped persons for use in the provision, whether by the 
institution or otherwise, of assistance to intellectually handicapped persons. 
135ZS Copying of eligible items by institutions assisting intellectually handicapped 
persons 
(1) The copyright in an eligible item, or in any work or other subject-matter 
included in an eligible item, is not infringed by the making by, or on behalf of, a 
body administering an institution assisting intellectually handicapped persons of a 
copy of the whole or a part of the eligible item if: 
(a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
(b) the copy is made solely for the purpose of use in the provision, whether 
by the institution or otherwise, of assistance to intellectually handicapped 
persons; and IPINIlI AUS/C/I 
Page 95 
(c) the body complies with subsection 135ZX(I) or (3), as the case requires, 
in relation to the copy. 
(2) Subsection (1) does not apply to the making of a copy of the whole or a part of: 
(a) an eligible item, being a work that has been separately published in a 
form that would be suitable for use in the provision of the assistance referred 
to in that subsection; or 
(b) an eligible item that is not a work; 
unless the person who makes the copy, or causes the copy to be made, is satisfied 
after reasonable investigation that: .. 
(c) in the case of an eligible item referred to in paragraph (a}-no new copy 
of the eligible item in a form suitable for use in the provision of that assistance 
can be obtained within a reasonable time at an ordinary commercial price; or 
(d) in the case of an eligible item referred to in paragraph (b}-no new 
copy of the eligible item alone can be obtained within a reasonable time at an 
ordinary commercial price. 
(3) F or the purposes of this section, a copy shall be taken to be new if it is not 
second-hand. 
135ZT l\laking of copies for use in making intellectually handicapped person's 
copies 
(1) Subject to this section, the copyright in an eligible item or in a television 
broadcast is not infringed by the making by, or on behalf of, a body administering 
an institution assisting intellectually handicapped persons of a copy of the whole or 
a part of the eligible item or broadcast, if the copy is made solely for use in the 
making by, or on behalf of, that body of an intellectually handicapped person's copy 
of the whole or the part of the eligible item or broadcast, as the case may be. 
(2) \Vhere: 
(a) a copy of the whole or a part of an eligible item or a television broadcast 
is made by, or on behalf of, a body administering an institution assisting 
intellectually handicapped persons; and 
(b) the copy: 
(i) is used otherwise than in the making by, or on behalf of, that 
body of an intellectually handicapped person's copy of the whole or the 
part of the eligible item or broadcast, as the case may be; or 
(ii) is not destroyed \vithin 3 months after the day on which it was 
made; 
subsection (1) does not apply, and shall be taken never to have applied, to the 
making of the copy. 
(3) Subsection (1) does not apply to the making of a record embodying a sound 
recording of the whole or part of an eligible item unless, at the time the record was 
made, there was embodied on the record, immediately before the beginning of that 
sound recording, a sound recording of the prescribed message. 
(4) Subsection (1) does not apply to the making of a copy of the whole or part of an 
eligible item or a television broadcast unless the body by whom, or on whose 
behalf, the copy is made, marks it, or causes it to be marked, in accordance with the 
regulations. 
Division 5---Equitable remuneration 
135ZU Remuneration notices IP INIlI A USICII 
Page 96 
(1) An administering body may, by notice in writing given to the relevant collecting 
society, undertake to pay equitable remuneration to the society for licensed copies 
made by it, or on its behalf, being copies made while the notice is in force. 
(2) A remuneration notice shall specify whether the amount of equitable 
remuneration is to be assessed on the basis of a records system or a sampling 
system. 
(3) A remuneration notice comes into force on the day on which it is given to the 
collecting society, or on such later day as is specified in the notice, and remains in 
force until it is revoked. .' 
135ZV Records notices 
(1) \Vhere a records notice is given by, or on behalf of, an administering body, the 
amount of equitable remuneration payable to the relevant collecting society by the 
administering body for each licensed copy made by it, or on its behalf, while the 
notice is in force is such amount as is determined by agreement between the 
administering body and that collecting society or, failing such agreement, by the 
Copyright Tribunal on application made by either of them. 
(2) For the purposes of subsection (1), different amounts may be determined 
(whether by agreement or by the Copyright Tribunal) in relation to different 
institutions administered by the administering body and different classes of students 
of an institution administered by it. 
135Z\V Sampling notices 
(1) \Vhere a sampling notice is given by, or on behalf of, an administering body, the 
amount of equitable remuneration payable to the relevant co!lecting society by the 
administering body for licensed copies made by it, or on its behalf, while the notice 
is in force is such annual amount per student of the institution concerned as is 
determined by agreement bet\veen the administering body and that collecting 
society or, failing such agreement, by the Copyright Tribunal on application made 
by either of them. 
(2) The annual amount referred to in subsection (1) shall be determined (whether by 
agreement or by the Copyright Tribunal) having regard to the number of licensed 
copies made by, or on behalf of, the administering body in a particular period and to 
such other matters (if any) as are relevant in the circumstances, 
(3) The number of copies referred to in subsection (2), and any other matters that are 
necessary or convenient to be assessed by use of a sampling system, shall be 
assessed by use of a sampling system determined by agreement benveen the 
administering body and the relevant collecting society or, failing such agreement, 
by the Copyright Tribunal on application made by either of them, 
(4) For the purposes of subsection (1), different annual amounts may be determined 
(whether by agreement or by the Copyright Tribunal) in relation to different 
institutions administered by the administering body and different classes of students 
of an institution administered by it. 
(5) \Vhere: 
(a) a sampling notice is given by, or on behalf of, an administering body to 
a coIlecting society; and 
(b) during any period, the administering body does not comply with one or 
more of the requirements of the sampling system determined under this 
section in relation to that notice; IPlNll/AUS/C/l 
Page 97 
sections 135Z1, 135ZK, 135ZL, 135ZP and 135Z5 do not apply to any copy of a 
work or other subject-matter by, or on behalf of, the administering body during that 
period. 
135ZX Marking and record keeping requirements 
(1) \Vhere a records notice is given by, or on behalf of, an administering body to a 
collecting society, the administering body shall: 
(a) mark, or cause to be marked, in accordance with the regulations, each 
licensed copy made by it, or on its behalf, while the notice is in force, or any 
container in which such a copy is kept; 
(b) make, or cause to be made, a record of the making of each licensed copy 
that is carried out by it, or on its behalf, while the notice is in force, being a 
record containing such particulars as are prescribed; 
(c) retain that record for the prescribed retention period after the making of 
the copy to which it relates; and 
(d) send copies of all such records to the collecting society in accordance 
with the regulations. 
(2) For the purposes of subsection (1), a record of the making of a licensed copy: 
(a) may be kept in writing or in any other manner prescribed; and 
(b) if it is kept in writing, shall be in accordance with the prescribed form. 
(3) \Vhere a sampling notice is given by, or on behalf of, an administering body to a 
collecting society, the administering body shall mark, or cause to be marked, in 
accordance with the regulations, each licensed copy made by it, or on its behalf, 
\vhile the notice is in force, or any container in which such a copy is kept. 
(4) Regulations made for the purposes of paragraph (l)(a) or (b) or subsection (3) 
may prescribe different marks or particulars, and impose different requirements, in 
relation to different kinds of licensed copies or different kinds of works or eligible 
items. 
135ZY Inspection of records etc. 
(1) \Vhere a remuneration notice is or has been in force, the relevant collecting 
society to which the notice was given may, in v'tTiting, notify the administering body 
which gave the notice that the society wishes, on a day specified in the notice, being 
an ordinary working day of the institution specified in the notice not earlier than 7 
days after the day on which the notice is given to do such of the following things as 
are specified in the notice: 
(a) assess the amount of licensed copying carried out at the premises of the 
institution; 
(b) inspect all the relevant records held at those premises that relate to the 
making of licensed copies; 
(c) inspect such other records held at those premises as are relevant to the 
assessment of the amount of equitable remuneration payable by the 
administering body to the society. 
(2) \Vhere a collecting society gives a notice, a person authorised in \\Titing by the 
society may, during the ordinary working hours of the relevant institution on the day 
specified in the notice (but not before 10 a.m. or after 3 p.m.), carry out the 
assessment, or inspect the records, to which the notice relates and, for that purpose, 
may enter the premises of the institution. 
(3) An administering body shall take all reasonable precautions, and exercise 
reasonable diligence, to ensure that a person referred to in subsection (2) who IPINIlIAUS/C/I 
Page 98 
attends at the premises of an institution administered by the body for the purpose of 
exercising the powers conferred by that subsection is provided with all reasonable 
and necessary facilities and assistance for the effective exercise of those powers. 
(4) An administering body that contravenes subsection (3) is guilty of an offence 
punishable, on conviction, by a fine not exceeding $500. 
135ZZ Revocation of remuneration notice 
A remuneration notice may be revoked at any time by the relevant administering 
body by notice in writing given to the relevant collecting society and the revocation 
takes effect at the end of 3 months after the date of the notice or on such later day as 
is specified in the notice. 
135ZZA Request for payment of equitable remuneration 
(1) Subject to this section, where a remuneration notice is or has been in force, the 
relevant collecting society may, by notice in writing given to the administering body 
which gave the notice, request the body to pay to the society, within a reasonable 
time after the date of the notice, the amount of equitable remuneration specified in 
the notice, being an amount payable under section 135ZV or 135Z\V, as the case 
may be, for licensed copies made by, or on behalf of, the body while the 
remuneration notice is or was in force. 
(2) \Vhere the remuneration notice is a sampling notice, a collecting society shall 
not make a request under this section more than once in each period of 12 months 
during which the notice is in force. 
(3) If an amount specified in a request is not paid in accordance \vith the request, it 
may be recovered from the relevant administering body by the relevant collecting 
society in the Federal Court of Australia or in any other court of competent 
jurisdiction as a debt due to the society. 
(4) Jurisdiction is conferred on the Federal Court of Australia with respect to actions 
under subsection (3). 
Division 6-Collecting societies 
135ZZB Collecting societies 
(1) Subject to this section, the Attorney-General may, by notice in the Gazette, 
declare the body named in the notice to be the collecting society for all relevant 
copyright owners or for such classes of relevant copyright owners as are specified in 
the notice. 
(2) \Vhere the Attorney-General declares a body to be the collecting society for a 
specified class of copyright owners and subsequently declares another body to be 
the collecting society for that class of copyright owners: 
(a) the first-mentioned collecting society ceases to be the collecting society 
for that class of copyright O\Vners on the day on \vhich the subsequent 
declaration is made; and 
(b) any remuneration notice given to that collecting society ceases to be in 
force to the extent to which it relates to licensed copies of works or other 
subject-matter the copyright o\vners of which are included in that class of 
copyright owners. 
(3) The Attorney-General shall not declare the body to be a collecting society 
unless: 
(a) it is a company limited by guarantee and incorporated under a law in 
force in a State or Territory relating to companies; IPIN/ll AUS/e/l 
Page 99 
(b) all persons who are included in a class of relevant cop)Tight o\vners to 
be specified in the declaration, or their agents, are entitled to become its 
members; 
(c) its rules prohibit the payment of dividends to its members; and 
(d) its rules contain such other provisions as are prescribed, being 
provisions necessary to ensure that the interests of members of a collecting 
society who are relevant cop)Tight owners or their agents are protected 
adequately, including, in particular, provisions about: 
(i) the collection of amounts of equitable remuneration payable by 
administering bodies under section 135ZV or 13SZ\V; 
(ii) the payment of the administrative costs of a collecting society 
out of amounts collected by it; 
(iii) the distribution of amounts collected by a collecting society; 
(iv) the holding on trust by a collecting society of amounts for 
relevant copyright owners who are not its members; and 
(v) access to records of a collecting society by its members. 
(4) \Vhere the Attorney-General has declared a body to be the collecting society for 
a specified class of copyright owners, the Attorney-General may refuse to declare 
another body to be the collecting society for that class of copyright owners unless 
satisfied that to do so \vould be in the interests of those cop)Tightowners, having 
regard to the number of members of the first-mentioned society, the scope of its 
activities and such other considerations as are relevant. 
135ZZC Reyocation of declaration 
The Attorney-General may, by notice in the Ga=ette, revoke the declaration of a 
body as a collecting society if satisfied that the body: 
(a) is not functioning adequately as a collecting society; 
(b) is not acting in accordance \vith its rules or in the best interests of those 
of its members who are relevant copyright owners, or their agents; 
(c) has altered its rules so that they no longer comply with paragraphs 
135ZZB(3)(c) and Cd); or 
(d) has refused or failed, without reasonable excuse, to comply with section 
135ZZ0 or 135ZZE. 
135ZZD Annual report and accounts 
(1) A collecting society shall, as soon as practicable after the end of each financial 
year, prepare a report of its operations during that financial year and send a copy of 
the report to the Attorney-General. 
(2) The Attorney-General shall cause a copy of the report sent to the Attorney­
General under subsection (1) to be laid before each House of the Parliament within 
15 sitting days of that House after the receipt of the report by the Attorney-General. 
(3) A collecting society shall keep accounting records correctly recording and 
explaining the transactions of the society (including any transactions as trustee) and 
the financial position of the society. 
(4) The accounting records shall be kept in such a manner as will enable true and 
fair accounts of the society to be prepared from time to time and those accounts to 
be conveniently and properly audited. 
(5) A collecting society shall, as soon as practicable after the end of each financial 
year, cause its accounts to be audited by an auditor who is not a member of the 
society, and shall send to the Attorney-General a copy of its accounts as so audited. IPIN/ll AUS/ell 
Page 100 
(6) A collecting society shall give its members reasonable access to copies of all 
reports and audited accounts prepared by it under this section. 
(7) This section does not affect any obligations of a collecting society relating to the 
preparation and lodging of annual returns or accounts under the law under which it 
is incorporated. 
135ZZE Amendment of rules 
A collecting society shall, within 21 days after it alters its rules, send a copy of the 
rules as so altered to the Attorney-General, together with a statement setting out the 
effect of the alteration and the reasons why it was· made. 
Division 7-Miscellaneous 
135ZZF Rights of copyright o\vners 
(1) Nothing in this Part affects the right of the o\vner of the copyright in a work to 
grant a licence authorising the body administering an educational institution to 
make, or cause to be made, copies of the whole or a part of the work without 
infringement of that copyright. 
(2) Nothing in this Part affects the right of the o\\ner of the copyright in a work to 
grant a licence authorising the body administering an institution assisting 
handicapped readers to make, or cause to be made, sound recordings of, or Braille, 
large-print or photographic versions of, the whole or a part of the work without 
infringement of that copyright. 
(3) Nothing in this Part affects the right of the owner of the copyright in an eligible 
item to grant a licence authorising the body administering an institution assisting 
intellectually handicapped persons to make, or cause to be made, a copy of the 
whole or a part of the eligible item without infringement of that copyright. 
135ZZG Copyright not to vest in copier 
Despite any other provision of this Act, copyright does not vest in the maker of a 
handicapped reader's copy of the whole or part of a work, or of an intellectually 
handicapped person's copy of the whole or part of an eligible item, merely because 
of the making of the copy. 
135ZZH Unauthorised use of copies 
(1) \Vhere a copy, record or version of a \vork, a sound recording or a 
cinematograph film, being a copy, record or version referred to in a prescribed 
provision of this Part: 
(a) is sold or otherwise supplied for a financial profit; 
(b) is used for a purpose other than the purpose specified in the prescribed 
provision; or 
(c) is given to an administering body when there is not in force a 
remuneration notice given by that body to the relevant collecting society; 
\vith the consent of the administering body by whom, or on \vhose behalf, it is made, 
the prescribed provision does not apply, and shall be taken never to have applied, to 
the making of the copy. 
(2) For the purposes of this section, subsection 135ZG(1), subsection 135ZJ(I), 
section 135ZK and subsections 135ZL(I), 135ZP(1) and (2) and 135ZS(1) are 
prescribed provisions. 
Part VI-The Copyright Tribunal 
Diyision I-Preliminary 
136 Interpretation (1) In this Part, unless the contrary intention appears: 
Judge means: IPIN/I1 AUS/CIl 
Page 101 
(a) a Judge ofa federal court or of the Supreme Court ofa State or 
Territory; or 
(b) a person who has the same designation and status as a Judge of a federal 
court. 
licence means a licence granted by or on behalf of the owner or prospective owner 
of the copyright in a literary, dramatic or musical work, or of the copyright in a 
sound recording, being: -
(a) in the case of a literary, dramatic or musical \vork-a licence to perform 
the work or an adaptation of the work in public, to broadcast the work or an 
adaptation of the work, to make a sound recording or cinematograph film of 
the work or of an adaptation of the work for the purpose of broadcasting the 
work or adaptation or to cause the work or an adaptation of the work to be 
transmitted to subscribers to a diffusion service; or 
(b) in the case of a sound recording-a licence to cause the recording to be 
heard in public or to make a copy of the sound recording for the purpose of 
broadcasting the recording. 
licence scheme means a scheme (including anything in the nature of a scheme, 
whether called a scheme or tariff or called by any other name) formulated by a 
licensor or licensors and setting out the classes of cases in \vhich the licensor or 
each of the licensors is willing, or the persons on \vhose behalf the licensor or each 
of the licensors acts are \villing, to grant licences and the charges (if any) subject to 
payment of which, and the conditions subject to which, licences \vould be granted in 
those classes of cases. 
licensor means: 
(a) in relation to licences in respect of a literary, dramatic or musical 
work-the o\vner or prospective owner of the copyright in the work or any 
body of persons (whether corporate or unincorporate) acting as agent for the 
o\vner or prospective o\vner in relation to the negotiation or granting of such 
licences; and 
(b) in relation to licences in respect of a sound recording-the o\\-ner or 
prospective O\Vner of the copyright in the recording or any body of persons 
(",.-hether corporate or un incorporate) acting as agent for the o\\oner or 
prospective owner in relation to the negotiation or granting of such licences. 
nzenzher means a member of the Tribunal, and includes the President and the 
Deputy President. 
order includes an interim order. 
organization means an organization or association of persons whether corporate or 
unincorporate. 
party includes a person making representations to the Tribunal at an inquiry under 
section 148. 
proceeding, in relation to the Tribunal, includes an inquiry by the Tribunal under 
section 148. 
the Deputy President means the Deputy President of the Tribunal. 
the President means the President of the Tribunal. 
(2) In this Part: 
(a) a reference to conditions is a reference to any conditions other than 
conditions relating to the payment of a charge; IPlNllIAUS/CII 
Page 102 
(b) a reference to giving an opportunity to a person or organization of 
presenting a case is a reference to giving the person or organization an 
opportunity, at the option of the person or organization, of submitting 
representations in writing, or of being heard, or of submitting representations 
in writing and being heard; 
(c) a reference to a person \vho requires a licence of a particular kind 
includes a reference to a person who holds a licence of that kind if the person 
will, at the expiration of the period for which the licence was granted, require 
a renewal of that licence or a grant of a further licence of the same kind; and 
(d) a reference to proceedings for infringement of cop)Tight includes a 
reference to proceedings brought in respect of an alleged contravention of 
subsection 132(5) or (5AA). 
(3) For the purposes of this Part, a person shall not be taken not to require a licence 
to cause a sound recording to be heard in public by reason only of the operation of 
section 108. 
137 Cases to ,vhich licence schemes apply 
(1) For the purposes of this Part, a case shall, subject to the next succeeding 
subsection, be deemed to be a case to which a licence scheme applies if, in 
accordance with a licence scheme for the time being in operation, a licence would 
be granted in that case. 
(2) For the purposes of this Part, where, in accordance with a licence scheme: 
(a) the licences that would be granted would be subject to conditions by 
virtue of which particular matters would be excepted from the licences; and 
(b) a case relates to one or more matters falling within such an exception; 
that case shall be deemed not to be a case to \vhich the scheme applies. 
Division 2-Constitution of the Tribunal 
138 Constitution of Tribunal 
The Copyright Tribunal established by the section for which this section was 
substituted by section 138 of the Statute Law (i\t/iscellaneous Amendments) Act (No. 
1) 1982 continues in existence but shall consist of a President~ a Deputy President 
and such other members as are appointed in accordance with this Division. 
139 Appointment of members of Tribunal 
A member of the Tribunal shall be appointed by the Governor-General. 
140 Qualifications of members 
(1) A person shall not be appointed as the President or as the Deputy President 
unless he or she is a Judge of the Federal Court of Australia. 
(2) A person shall not be appointed as a member (other than the President or the 
Deputy President) unless: 
(a) he or she is or has been a Judge; 
(b) he or she is enrolled as a legal practitioner of the High Court, of another 
federal court or of the Supreme Court of a State or Territory and has been so 
enrolled for not less than 5 years; 
(c) he or she has had experience, for not less than 5 years, at a high level in 
industry, commerce, business, public administration, education or the practice 
of a profession; 
(d) he or she has obtained a degree of a university, or an educational 
qualification of a similar standing, after studies in the field of law, economics 
or public administration; or IPINIlIAUS/CI1 
Page 103 
(e) he or she has, in the opinion of the Governor-General, special 
knowledge or skill relevant to the duties of a member. 
141 Tenure of office 
(1) Subject to this section, a member holds office for such period, not exceeding 7 
years, as is specified in the instrument of his or her appointment, but is eligible for 
re-appointment. 
(2) \Vhere a member who is a Judge ceases to be a Judge, he or she ceases to hold 
office as a member, but he or she is eligible for appointment as a member (other 
than the President or the Deputy President). : 
(3) The Governor-General may terminate the appointment of a member (other than a 
member who is a Judge) for physical or mental incapacity. 
(4) The Governor-General shall terminate the appointment of a member (other than 
a member who is a Judge) if: 
(a) the member is guilty of misbehaviour; or 
(b) the member becomes bankrupt, applies to take the benefit of any law for 
the relief of bankrupt or insolvent debtors, compounds with his or her 
creditors or makes an assignment of his or her remuneration for their benefit. 
142 Acting President 
(2) The Deputy President shall act as President of the Tribunal during any vacancy 
in the office, or suspension, illness or absence, of the President and \vhile the 
Deputy President is acting as President, he or she has and may exercise all the 
po\vers, and shall perform all the functions and duties, conferred or imposed by this 
Act on the President. 
143 Remuneration and allolvances 
(1) Subject to this section, a member shall be paid such remuneration as is 
determined by the Remuneration Tribunal but, if no determination of that 
remuneration by the Tribunal is in operation, the member shall be paid such 
remuneration as is prescribed. 
(2) A member shall be paid such allowances as are prescribed. 
(3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 
1973. 
(4) A member who is a Judge is not, \vhile he or she receives salary or annual 
allowance as a Judge, entitled to remuneration under this Act. 
144 Oath or affirmation of office 
(1) A member shall, before proceeding to discharge the duties of his or her office, 
take an oath or make an affinnation in accordance with the form of oath or 
affirmation in the Schedule to this Act. 
(2) An oath or affirmation shall be taken or made before a justice or judge of a 
federal court or of the Supreme Court of a State. 
144A. Disclosure of interests by members 
(1) \Vhere a member is, or is to be, the Tribunal, or a member of the Tribunal, as 
constituted for the purposes of a proceeding and the member has or acquires any 
interest, pecuniary or otherwise, that could conflict with the proper performance of 
his or her functions in relation to that proceeding: 
(a) he or she shall disclose the interest to the parties to the proceeding; and 
(b) except with the consent of all the parties to the proceeding, he or she 
shall not take part in the proceeding. IP/N/lIAUS/CIl 
Page 104 
(2) \Vhere the President becomes aware that a member is, or is to be, the Tribunal, 
or a member of the Tribunal, as constituted for the purposes of a proceeding and 
that the member has, in relation to that proceeding, such an interest as is mentioned 
under subsection (l): 
(a) if the President considers that the member should not take part, or 
should not continue to take part, in the proceeding-he or she shall give a 
direction to the member accordingly; or 
(b) in any other case-he or she shall cause the interest of the member to be 
disclosed to the parties to the proceeding. . .. 
(3) In this section: 
(a) a reference to a proceeding shall be read as a reference to a proceeding 
by way of an inquiry by, or an application or reference to, the Tribunal under 
this Act; and 
(b) a reference to a party to a proceeding, being an inquiry conducted by the 
Tribunal in pursuance of section 148, shall be read as a reference to a person 
or organization recognized by the Tribunal as a party to the inquiry. 
144B Removal from office for failure to disclose interest 
\Vhere the Governor-General is satisfied that a member (other than a member who 
is a Judge) has failed, without reasonable excuse, to make a disclosure that he or she 
is, under subsection 144A( 1), required to make, the Governor-General shall remove 
that member from office. 
145 Resignation 
A member may resign the office of member by giving a signed notice of resignation 
to the Governor-General. 
146 Sittings of the Tribunal 
(1) Sittings of the Tribunal shall be held at such places and times as the President 
determines. 
(2) Subject to the next succeeding subsection, the Tribunal shall be constituted by a 
single member. 
(3) \Vhere: 
(a) the Tribunal holds an inquiry under section 148; or 
(b) any party to an application or reference requests that the Tribunal be 
constituted by more than one member for the purposes of that application or 
reference; 
the Tribunal shall, for the purposes of the inquiry, application or reference, be 
constituted by not less than 2 members of whom one shall be the President or the 
Deputy President, but nothing in this subsection prevents a single member 
exercising the powers of the Tribunal in relation to matters of procedure. 
(4) At a proceeding before the Tribunal constituted by more than one member: 
(a) if the President is one of the members constituting the Tribunal-he or 
she shall preside; and 
(b) in any other case-the Deputy President shall preside. 
(5) \Vhere the Tribunal constituted by more than one member is divided in opinion 
on a question, the question shall be decided according to the decision of the 
majority, if there is a majority, but if the Tribunal as so constituted is equally 
divided in opinion, the question shall be decided according to the opinion of the 
President or, ifhe or she is not one of the members constituting the Tribunal, 
according to the opinion of the Deputy President. IPINIlIAUS/CI 1 
Page 105 
(6) The Tribunal constituted by a member or members may sit and exercise the 
powers of the Tribunal notwithstanding that the Tribunal constituted by another 
member or other members is at the same time sitting and exercising those powers. 
(7) The exercise of the powers of the Tribunal is not affected by a vacancy or 
vacancies in the membership of the Tribunal. 
(8) \Vhere the hearing of any proceeding has been commenced before the Tribunal 
constituted by 2 or more members and one or more of those members has ceased to 
be a member or has ceased to be available for the purposes of the proceeding, the 
remaining member or members may continue the "hearing of the proceeding if the 
remaining member, or one of the remaining members, is the President or the Deputy 
President. 
147 President to arrange business of Tribunal 
The President may give directions as to the arrangement of the business of the 
Tribunal and, subject to subsection 146(2) or (3), as to the constitution of the 
Tribunal for the purposes of particular proceedings. 
Division 3-Inquiries by, and Applications and References to, the 
Tribunal 
149 Applications to Tribunal for determination of remuneration payable for 
making recording or film of a \"'ork 
(I) This section applies where an application is made to the Tribunal in pursuance of 
subsection 4 7(3) or 70(3) for the determination of an equitable remuneration to be 
paid to the owner of the copyright in a work for the making of a sound recording or 
cinematograph film of the work or of an adaptation of the work. 
(2) The parties to an application in relation to which this section applies are: 
(a) the owner of the copyright in the work; and 
(b) the maker of the recording or film. 
(3) \Vhere an application in relation to \vhich this section applies is made to the 
Tribunal, the Tribunal shall consider the application and, after giving to the parties 
to the application an opportunity of presenting their cases, shall make an order 
determining the amount that it considers to be equitable remuneration to the owner 
of the copyright for the making of the recording or film. 
149A Applications to Tribunal under section 47 A [see Note 2] 
(1) This section applies to any application made to the Tribunal under subsection 
47 A(8) for the determining of an amount payable by a person or body by way of 
equitable remuneration to an o\vner of copyright. 
(2) The parties to an application to which this section applies are the person or body, 
and the owner of the copyright, referred to in subsection (1). 
(3) \Vhere an application to which this section applies is made to the Tribunal, the 
Tribunal shall consider the application and, after giving the parties to the application 
opportunities of presenting their cases, shall make an order detennining the amount 
that it considers to be payable by the person or body by way of equitable 
remuneration to the owner of the copyright for the making of the sound broadcast, 
copy, handicapped reader's copy, or intellectually handicapped person's copy, as the 
case requires. 
150 Applications to Tribunal for determination of remuneration payable to o\yner 
of copyright in recording for making of a copy of the sound recording 
(1) This section applies where an application is made to the Tribunal in pursuance of 
subsection 107(3) for the detennination of an equitable remuneration to be paid to IPIN/lIAUS/C/1 
Page 106 
151 
1_., 
~-the owner of the copyright in a sound recording for the making of a copy of the 
sound recording. 
(2) The parties to an application in relation to which this section applies are: 
(a) the owner of the copyright in the sound recording; and 
(b) the maker of the copy of the sound recording. 
(3) Where an application in relation to which this section applies is made to the 
Tribunal, the Tribunal shall consider the application and, after giving to the parties 
to the application an opportunity of presenting th~ir cases, shall make an order 
determining the amount that it considers to be equitable remuneration to the owner 
of the copyright for the making of the copy of the sound recording. 
Applications to Tribunal for determination of remuneration payable to o\vner 
. of copyright in recording in respect of public playing of the recording 
(1) This section applies where an application is made to the Tribunal in pursuance of 
subsection 1 08C 1) for the determination of an equitable remuneration to be paid to 
the owner of the copyright in a sound recording for the causing of the recording to 
be heard in public. 
(2) The parties to an application in relation to which this section applies are: 
(a) the owner of the copyright in the recording; and 
(b) the person who caused the recording to be heard in public. 
(3) \Vhere an application in relation to which this section applies is made to the 
Tribunal, the Tribunal shall consider the application and, after giving to the parties 
to the application an opportunity of presenting their cases, shall make an order 
detennining the amount that it considers to be equitable remuneration to the owner 
of the copyright for the causing of the recording to be heard in public. 
Applications to Tribunal for determination of amounts payable for 
broadcasting published sound recordings 
(1) In this section, unless the contrary intention appears: 
Australia does not include the external Territories. 
broadcaster means: 
(a) the Australian Broadcasting Corporation; 
(aa) the Special Broadcasting Service Corporation; 
(b) the holder of a licence or pennit granted under the Broadcasting Act 
19,/2; or 
(d) a person prescribed for the purposes of subparagraph 91 (a)(iii) or 
91 (c )(iii). 
(IA) For the purposes of the application of this section in relation to a period 
before the commencement of this subsection, this section has effect as if any act or 
thing done during that period by the Australian Broadcasting Commission had been 
done by the Australian Broadcasting Corporation and any earnings of the Australian 
Broadcasting Commission during that period were earnings of the Australian 
Broadcasting Corporation. 
(lB)In its application in relation to a period before the commencement of this 
subsection, this section has effect as if any act or thing done during that period by 
the Special Broadcasting Service had been done by the Special Broadcasting 
Service Corporation and any earnings of the Special Broadcasting Service during 
that period were earnings of the Special Broadcasting Service Corporation. 
(2) Subject to this section, an application may be made to the Tribunal for an order 
detennining, or making provision for detennining, the amount payable by a IPINIII AUS/ell 
Page 107 
broadcaster to the o\vners of copyrights in published sound recordings in respect of 
the broadcasting, during a period specified in the application, of those recordings by 
that broadcaster. 
(3) An application under the last preceding subsection may be made by the 
broadcaster or by the owner of a copyright in a published sound recording. 
(4) The parties to an application under subsection (2) are: 
(a) the person making the application; and 
(b) such organizations or persons as apply to the Tribunal to be made parties 
to the application and, in accordance with the next succeeding subsection, are 
made parties to the application. 
(5) \Vhere an organization (whether claiming to be representative of broadcasters or 
of the owners of copyrights in published sound recordings or not) or a person 
(whether a broadcaster or the owner of a copyright in a published sound recording 
or not) applies to the Tribunal to be made a party to an application under this 
section, and the Tribunal is satisfied that the organization or person has a substantial 
interest in the matter that is the subject of the application, the Tribunal may, if it 
thinks fit, make that organization or person a party to the application. 
(6) The Tribunal shall consider an application under subsection (2) and, after giving 
the parties to the application an opportunity of presenting their cases, shall make an 
order: 
(a) detennining, or making provision for detennining, the amount payable 
by the broadcaster to the owners of copyrights in published sound recordings 
in respect of the broadcasting, during the period to which the order applies, by 
the broadcaster of those recordings; 
(b) specifying as the persons among whom that amount is to be divided such 
of the persons who were, or were represented by, parties to the application as 
the Tribunal is satisfied are the owners of copyrights in published sound 
recordings; and 
(c) specifying as the respective shares in that amount of the persons among 
whom that amount is to be divided and as the times at which those shares are 
to be paid such shares and times as those persons agree or, in default of 
agreement, as the Tribunal thinks equitable. 
(7) In so making an order in relation to a broadcaster, the Tribunal shall take into 
account all relevant matters, including the extent to which the broadcaster uses, for 
the purposes of broadcasting, records em bodying sound recordings (other than 
recordings in relation to which section 105 applies) in which copyrights subsist, 
being copyrights owned by persons who are, or are represented by, parties to the 
application. 
(8) The Tribunal shall not make an order that would require a broadcaster being the 
holder of a radio licence granted under the Broadcasting Act 19-12 to pay, in respect 
of the broadcasting of published sound recordings during the period in relation to 
which the order applies, an amount exceeding 1 % of the amount determined by the 
Tribunal to be the gross earnings of the broadcaster during the period equal to the 
period in relation to which the order applies that ended on 30 June last preceding the 
date of commencement of the period in relation to which the order applies. 
(9) \Vhere a broadcaster being the holder of a radio licence granted under the 
Broadcasting Act 1942 has, with the leave of the Australian Broadcasting Tribunal 
under section 123 of the that Act, adopted an accounting period ending on a day IP/NIlIAUS/CI 1 
Page 108 
other than 30 June, the reference in subsection (8) of this section to 30 June shall, in 
relation to that broadcaster, be read as a reference to that other day. 
(l0) Subsection (8) does not apply to an order in relation to a broadcaster unless: 
(a) the broadcaster establishes to the satisfaction of the Tribunal the amount 
of the gross earnings of the broadcaster during the period in respect of which 
those earnings are to be determined; and 
(b) the broadcaster carried on the transmission of programmes by way of 
sound broadcasting throughout the whole of that period. 
(11) Where an application is made to the Tribunal under subsection (2) in relation to 
the Australian Broadcasting Corporation, the Tribunal: 
(a) shall make separate orders in respect of sound broadcasts by the 
Corporation of published sound recordings and in respect of television 
broadcasts by the Corporation of such recordings; and 
(b) shall not make an order that would require the Corporation to pay, in 
respect of sound broadcasts of published sound recordings during the period in 
relation to which the order applies, an amount exceeding the sum of: 
(i) in respect of each complete year included in that period the 
amount ascertained by mUltiplying one-half of One cent by the number 
equal to the number of persons comprised in the estimated population of 
Australia as last set out in statistics published by the Commonwealth 
Statistician before the making of the order; and 
(ii) in respect of each part of a year included in that period-the 
amount that bears to the amount ascertained in accordance with the last 
preceding subparagraph in relation to a complete year the same 
proportion as that part of a year bears to a complete year. 
(12) A person who is not specified in an order in force under subsection (6) as one of 
the persons among whom the amount specified in, or determined in accordance 
with, the order is to be divided may, before the expiration of the period to which the 
order applies, apply to the Tribunal for an amendment of the order so as to specify 
him or her as one of those persons. 
(13) The parties to an application under the last preceding subsection for an 
amendment of an order are: 
(a) the person making the application; 
(b) the broadcaster in relation to whom the order applies; 
(c) the persons specified in the order as the persons among whom the 
amount specified in, or determined in accordance with, the order is to be 
divided; and 
(d) such organizations or persons as apply to the Tribunal to be made parties 
to the application and, in accordance with subsection (5), are made parties to 
the application. 
(14) The Tribunal shall consider an application under subsection (12) for an 
amendment of an order in force under subsection (6) (in this subsection referred to 
as the principal order) and, after giving the parties to the application an opportunity 
of presenting their cases, shall, if it is satisfied that the applicant is the o\~ner of the 
copyright or copyrights in one or more published sound recordings, make an order 
amending the principal order so as to: 
(a) specify the applicant as one of the persons among whom the amount 
specified in, or determined in accordance with, the principal order is to be 
divided; and IPlNllIAUS/CIl 
Page 109 
(b) specify as the share of the applicant in that amount and as the times at 
which that share is to be paid such share and times as the applicant and the 
other persons among whom that amount is to be divided agree or, in default of 
agreement, as the Tribunal thinks equitable and make any consequential 
alterations in respect of the shares of those other persons. 
(15) An order of the Tribunal made under subsection (6) in relation to a broadcaster 
applies in relation to the period commencing on the date specified in the order and 
ending on 30 June next succeeding the date of making of the order. 
(16) The date that may be so specified in an order of the Tribunal made under 
subsection (6) in relation to a broadcaster may be a date before the date of making 
of the order or before the date of making of the application but shall not be a date 
before the date of expiration of the period in relation to which the last preceding 
order (if any) of the Tribunal made under that subsection in relation to that 
broadcaster applied or before the date of commencement of this Act. 
(17) An order of the Tribunal made under subsection (14) amending an order of the 
Tribunal made under subsection (6) applies in relation to the period commencing on 
the date of making of the amending order and ending on the date of expiration of the 
period in relation to which the order that is being amended applies. 
(18) \Vhere an order of the Tribunal is in force under this section, the broadcaster in 
relation to whom the order applies is liable to pay to each of the persons specified in 
the order as the persons among whom the amount specified in, or determined in 
accordance \'lith, the order is to be divided the share so specified in relation to that 
person and is so liable to pay that share at the times so specified and that person 
may recover any amount that is not paid in accordance with the order in a court of 
competent jurisdiction from the broadcaster as a debt due to the person. 
(19) For the purposes of this section, the gross earnings of a broadcaster in respect of 
a period are the gross earnings of the broadcaster during that period in respect of the 
broadcasting by the broadcaster of advertisements or other matter, including the 
gross earnings of the broadcaster during that period in respect of the provision by 
the broadcaster of, or othenvise in respect of, matter broadcast by the broadcaster. 
(20) \Vhere, in connexion with a transaction, any consideration is paid or given 
otherwise than in cash, the money value of that consideration shall, for the purposes 
of the last preceding subsection, be deemed to have been paid or given. 
(21) \Vhere the Tribunal is of the opinion that: 
(a) an amount, or part of an amount, earned during any period by a person 
other than a broadcaster would, if the broadcaster and that person were the 
same person, form part of the gross earnings of the broadcaster in respect of 
that period for the purposes of this section; and 
(b) a relationship exists between the broadcaster and the other person 
(whether by reason of any shareholding or of any agreement or arrangement, 
or for any other reason) of such a kind that the amount or the part of the 
amount, as the case may be, should, for the purposes of this section, be treated 
as part of the gross earnings of the broadcaster in respect of that period; 
the Tribunal may so treat the amount or the part of the amount, as the case may be. 
I52A Applications to Tribunal for determination of amount of royalty payable for 
recording musical "'orks 
(1) In this section: 
manufacturer has the same meaning as in section 55. IP/N/IIAUS/CII 
Page 110 
(2) Subject to this section, an application may be made to the Tribunal for an order 
determining, or making provision for determining, the amount of royalty payable by 
the manufacturer of a record of a musical work to the owner of the copyright in the 
work during a period specified in the application. 
(3) An application may be made by the manufacturer or the owner of the copyright 
in the musical work recorded by the manufacturer. 
(4) The parties to an application are: 
(a) the manufacturer and the owner of the copyright in the musical work; 
and . 
(b) any organisations or persons who are made parties to the application. 
(5) \Vhere an application is made under subsection (2), the Tribunal shall consider 
the application and, after giving the parties an opportunity of presenting their cases, 
make an order determining, or making provision for determining, an equitable 
amount of royalty payable by the manufacturer of the record of the musical work to 
the owner of the copyright in the work during the period specified in the order. 
(6) \Vhere an organisation (whether claiming to represent manufacturers or the 
owners of copyrights in musical works or not) or a person (whether a manufacturer 
or the owner of the cop)Tight in a musical work or not) applies to the Tribunal to be 
made a party to an application under this section, the Tribunal may, if it thinks fit, 
make that organisation or person a party to the application if the Tribunal is satisfied 
that the organisation or person has a substantial interest in the application. 
(7) The period that may be specified in an order under subsection (5) in relation to a 
manufacturer may be a period beginning before the date of making of the order or 
before the date of making of the application but shall not be a period beginning 
before: 
(a) the end of the period specified in the last preceding order (if any) made 
under that subsection in relation to that manufacturer; or 
(b) the commencement of this section. 
(8) \Vhere an order is in force under this section, the manufacturer in relation to 
whom the order applies is liable to pay to the person specified in the order the 
amount of royalty so specified at the times so specified and that person may recover 
the amount, if it is not paid in accordance with the order, in a court of competent 
jurisdiction from the manufacturer as a debt due to the person. 
152B Applications to Tribunal for determination of manner of paying royalty 
( 1) In this section: 
nzanufacturer has the same meaning as in section 55. 
(2) An application may be made to the Tribunal for an order determining the manner 
in which amounts of royalty payable by the manufacturer of a record of a musical 
\vork to the owner of the copyright in the work are to be paid. 
(3) An application may be made by the manufacturer or the o\\ner of the copyright 
in the musical work recorded by the manufacturer. 
(4) The parties to an application are: 
(a) the manufacturer and the owner of the copyright in the musical work; 
and 
(b) any organisations or persons \vho are made parties to the application. 
(5) \Vhere an organisation (whether claiming to represent manufacturers or the 
owners of copyrights in musical works or not) or a person (whether a manufacturer 
or the owner of the copyright in a musical work or not) applies to the Tribunal to be 
made a party to an application under this section, the Tribunal may, if it thinks fit, IP/NIl/ AUS/ell 
Page III 
make that organisation or person a party to the application if the Tribunal is satisfied 
that the organisation or person has a substantial interest in the application. 
(6) Where an application is made under subsection (2), the Tribunal shall consider 
the application and, after giving the parties an opportunity of presenting their cases, 
make an order determining the manner in which amounts of royalty payable by the 
manufacturer of the record of the musical work to the owner of the copyright in the 
work are to be paid. 
153 Applications to Tribunal for apportionment of royalty in respect of a record 
(1) This section applies where an application is made to the Tribunal in pursuance of 
paragraph 59(3 )(b) for an apportionment of an amount payable in respect of a record 
between the owner of the copyright in a musical work and the owner of the 
copyright in a literary or dramatic work. 
(2) The parties to an application in relation to which this section applies are: 
(a) the owner of the copyright in the musical work; and 
(b) the owner of the copyright in the literary or dramatic work. 
(3) \Vhere an application in relation to which this section applies is made to the 
Tribunal, the Tribunal shall consider the application and, after giving to the parties 
to the application an opportunity of presenting their cases, shall make an order 
apportioning the amount to which the application relates between the parties in such 
manner as it thinks equitable. 
153 . .\ Applications to Tribunal under section 135H or subsection 135J(I) 
(1) The parties to an application to the Tribunal under section 135H or subsection 
13 5J(1) for the determination of the amount of equitable remuneration payable to 
the collecting society by an administering body for the making, by or on behalf of 
that body, of a copy of a television broadcast are the society and the body. 
(2) \Vhere an application is made to the Tribunal under section 135H or subsection 
135J(1), the Tribunal shall consider the application and, after giving the parties to 
the application the opportunity of presenting their cases, shall make an order 
detennining the amount per copy or per student of the relevant institution, as the 
case may be, that it considers to be equitable remuneration for the making of copies 
of television broadcasts. 
(3) In making an order, the Tribunal: 
(a) shall have regard to the extent to which copies of television broadcasts 
are made by, or on behalf of, the administering body solely for the purpose of 
enabling the material included in the broadcasts to be seen and heard, at times 
more convenient than the times when the broadcasts were made; and 
(b) may have regard to such other matters (if any) as are prescribed. 
(4) An order may be expressed to have effect in relation to copies of television 
broadcasts made in reliance on section 135E before the day on which the order is 
made. 
(5) In this section, administering body, collecting society, institution and student 
have the same meanings as in Part VA. 
153B Applications to Tribunal under subsection 135J(3) 
(1) The parties to an application to the Tribunal under subsection 135J(3) for the 
determination of a sampling system are the collecting society and the administering 
body concerned. 
(2) Where an application is made to the Tribunal under subsection 135J(3), the 
Tribunal shall consider the application and, after giving the parties to the application IP/N/1/AUS/C/I 
Page 112 
an opportunity of presenting their cases, shall make an order determining the 
sampling system. 
(3) In this section, administering hody and collecting society have the same 
meanings as in Part VA. 
153C Applications to Tribunal under section 135ZV or subsection 135Z\V(1) 
(1) The parties to an application to the Tribunal under section 135ZV or subsection 
135ZW(1) for the determination of the amount of equitable remuneration payable to 
a collecting society by an administering body for the making, by or on behalf of that 
body, of licensed copies are the society and the body. 
(2) \Vhere an application is made to the Tribunal under section 135ZV or subsection 
135Z\V(1), the Tribunal shall consider the application and, after giving the parties to 
the application the opportunity of presenting their cases, shall make an order 
determining the amount per licensed copy, or per student of the relevant institution, 
as the case may be, that it considers to be equitable remuneration for the making of 
a licensed copy. 
(3) In making an order, the Tribunal may have regard to such matters (if any) as are 
prescribed. 
(4) An order may be expressed to have effect in relation to licensed copies made 
before the day on which the order is made. 
(5) In this section, administering hody, collecting society, institution, licensed copy 
and student have the same meanings as in Part VB. 
153D Applications to Tribunal under subsection 135Z\V(3) 
(1) The parties to an application to the Tribunal under subsection 135Z\V(3) for the 
detennination of a sampling system to be used for the purpose of assessing the 
number of licensed copies made by, or on behalf of, an administering body, or any 
other relevant matters, are the relevant collecting society and the body. 
(2) \Vhere an application is made to the Tribunal under subsection 135Z\V(3), the 
Tribunal shall consider the application and, after giving the parties to the application 
an opportunity of presenting their cases, shall make an order determining the 
sampling process. 
(3) In this section, administering body, collecting society and licensed copy have 
the same meanings as in Part VB. 
154 Reference of proposed licence schemes to Tribunal 
(1) \Vhere a licensor proposes to bring a licence scheme into operation, he or she 
may refer the scheme to the Tribunal. 
(2) The parties to a reference under this section are: 
(a) the licensor referring the scheme; and 
(b) such organizations or persons (if any) as apply to the Tribunal to be 
made parties to the reference and, in accordance with the next succeeding 
subsection, are made parties to the reference. 
(3) \Vhere an organization (whether claiming to be representative of persons 
requiring licences or not) or a person (whether requiring a licence or not) applies to 
the Tribunal to be made a party to a reference, and the Tribunal is satisfied that the 
organization or person has a substantial interest in the operation of the scheme to 
which the reference relates, the Tribunal may, if it thinks fit, make that organization 
or person a party to the reference. 
(4) The Tribunal shall consider a scheme referred under this section and, after 
giving to the parties to the reference an opportunity of presenting their cases, shall IPINIl/AUS/CII 
Page 113 
make such order, either confirming or varying the scheme, as the Tribunal considers 
reasonable in the circumstances. 
(5) An order (other than an interim order) of the Tribunal under this section may, 
notwithstanding anything contained in the licence scheme to which it relates, be 
made so as to be in force either indefinitely or for such period as the Tribunal thinks 
fit. 
(6) \Vhere a licence scheme has been referred to the Tribunal under this section, the 
licensor may do either or both of the following th!ngs: 
(a) bring the scheme into operation before the Tribunal makes an order in 
pursuance of the reference; 
(b) withdraw the reference at any time before the Tribunal makes an order 
in pursuance of the reference, whether the scheme has been brought into 
operation or not. 
(7) If the scheme is not brought into operation before an order is made in pursuance 
of the reference, the scheme as confirmed or varied by the order comes into 
operation, notwithstanding anything contained in the scheme, forthwith upon the 
making of the order. 
(8) After the making of an order in pursuance of the reference, the scheme as 
confirmed or varied by the order remains in operation, notwithstanding anything 
contained in the scheme, so long as the order remains in force. 
155 Reference of existing licence schemes to Tribunal 
(1) \Vhere, at any time while a licence scheme is in operation, a dispute arises with 
respect to the tenns of the scheme between the licensor operating the scheme and: 
(a) an organization claiming to be representative of persons requiring 
licences in cases included in a class of cases to which the scheme applies; or 
(b) any person claiming that he or she requires a licence in a case included 
in a class of cases to \vhich the scheme applies; 
the licensor, organization or person concerned may refer the scheme to the Tribunal 
in so far as the scheme relates to cases included in that class. 
(2) The parties to a reference under this section are: 
(a) the licensor, organization or person referring the scheme; 
(b) if the reference is not made by the licensor operating the scheme-that 
licensor; and 
(c) such other organizations or persons (if any) as apply to the Tribunal to 
be made parties to the reference and, in accordance with the next succeeding 
subsection, are made parties to the reference. 
(3) \Vhere an organization (whether claiming to be representative of persons 
requiring licences or not) or a person (whether requiring a licence or not) applies to 
the Tribunal to be made a party to a reference, and the Tribunal is satisfied that the 
organization or person has a substantial interest in the matter in dispute, the 
Tribunal may, if it thinks fit, make that organization or person a party to the 
reference. 
(4) The Tribunal shall not begin to consider a reference under this section by an 
organization unless the Tribunal is satisfied that the organization is reasonably 
representative of the class of persons that it claims to represent. 
(5) Subject to the last preceding subsection, where a licence scheme is referred to 
the Tribunal under this section, the Tribunal shall consider the matter in dispute and, 
after giving to the parties to the reference an opportunity of presenting their cases, 
shall make such order, either confirming or varying the scheme, in so far as it IPINIIIAUS/C/I 
Page 114 
relates to cases included in the class of cases to which the reference relates, as the 
Tribunal considers reasonable in the circumstances. 
(6) An order (other than an interim order) of the Tribunal under this section may, 
notwithstanding anything contained in the licence scheme to which it relates, be 
made so as to be in force either indefinitely or for such period as the Tribunal thinks 
fit. 
(7) A reference of a licence scheme to the Tribunal under this section may be 
withdrawn at any time before an order is made in pursuance of the reference. 
(8) \Vhere a licence scheme has been referred to the Tribunal under this section, the 
scheme remains in operation, notwithstanding anything contained in the scheme, 
until the Tribunal makes an order in pursuance of the reference. 
(9) The last preceding subsection does not apply in relation to a reference with 
respect to any period after the reference has been withdrawn or after the Tribunal 
has refused to begin to consider the reference in pursuance of subsection (4). 
(10) After the making of an order in pursuance of the reference, the scheme as 
confirmed or varied by the order remains in operation, no!\vithstanding anything 
contained in the scheme, so long as the order remains in force. 
156 Further reference of licence schemes to Tribunal 
(1) \Vhere the Tribunal has made an order (other than an interim order) under either 
of the last two preceding sections with respect to a licence scheme, then, subject to 
the next succeeding subsection, at any time while the order remains in force: 
(a) the licensor operating the scheme; 
(b) any organization claim ing to be representative of persons requiring 
licences in cases included in the class of cases to which the order applies; or 
(c) any person claiming that he or she requires a licence in a case included 
in that class; 
may refer the scheme again to the Tribunal in so far as it relates to cases included in 
that class. 
(2) A licence scheme shall not, except with the leave of the Tribunal, be referred 
again to the Tribunal under the last preceding subsection at a time earlier than: 
(a) where the order concerned \vas made so as to be in force indefinitely or 
for a period exceeding 15 months-the expiration of the period of 12 months 
commencing on the date on \vhich the order was made; or 
(b) where the order concerned \vas made so as to be in force for a period not 
exceeding 15 months-the commencement of the period of 3 months ending 
on the date of expiration of the order. 
(3) The parties to a reference under this section are: 
(a) the licensor, organization or person referring the scheme; 
(b) if the reference is not made by the licensor operating the scheme-that 
licensor; and 
(c) such other organizations or persons (if any) as apply to the Tribunal to 
be made parties to the reference and, in accordance with the provisions 
applicable in that behalf by virtue of subsection (5), are made parties to the 
reference. 
(4) Subject to the next succeeding subsection, where a licence scheme is referred to 
the Tribunal under this section, the Tribunal shall consider the matter in dispute and, 
after giving to the parties to the reference an opportunity of presenting their cases, 
shall make such order in relation to the scheme as previously confirmed or varied, 
in so far as it relates to cases included in the class of cases to which the reference IPINIIIAUS/CIl 
Page 115 
relates, whether by way of confinning, varying or further varying the scheme, as the 
Tribunal considers reasonable in the circumstances. 
(5) Subsections 155(3), (4), and (6) to (10) inclusive apply for the purposes of this 
section. 
(6) The preceding subsections of this section have effect in relation to orders made 
under this section in like manner as they have effect in relation to orders made 
under either of the last two preceding sections. 
(7) Nothing in this section prevents a licence scheme in respect of which an order 
has been made under either of the last two precedIng sections from being again 
referred to the Tribunal under that section: 
(a) in so far as the scheme relates to cases included in a class of cases to 
\vhich the order does not apply-at any time; and 
(b) in so far as the scheme relates to cases included in the class of cases to 
which the order applied while it was in force-after the expiration of the 
order. 
157 Application to Tribunal in relation to licences 
(1) A person who claims, in a case to which a licence scheme applies, that the 
licensor operating the scheme has refused or failed to grant him or her a licence in 
accordance with the scheme, or to procure the grant to him or her of such a licence, 
may apply to the Tribunal under this section. 
(2) A person \vho claims, in a case to which a licence scheme applies, that he or she 
requires a licence but that the grant of a licence in accordance \\'ith the scheme 
\vouId, in that case, be subject to the payment of charges, or to conditions, that are 
not reasonable in the circumstances of the case may apply to the Tribunal under this 
section. 
(3) A person who claims that he or she requires a licence in a case to which a 
licence scheme does not apply (including a case vY'here a licence scheme has not 
been fonnulated or is not in operation) and: 
(a) that a licensor has refused or failed to grant the licence, or to procure the 
grant of the licence, and that in the circumstances it is unreasonable that the 
licence should not be granted; or 
(b) that a licensor proposes that the licence should be granted subject to the 
payment of charges, or to conditions, that are unreasonable; 
may apply to the Tribunal under this section. 
(4) An organization that claims that it is representative of persons requiring licences 
in cases to which a licence scheme does not apply (including cases \vhere a licence 
scheme has not been formulated or is not in operation) and: 
(a) that a licensor has refused or failed to grant the licences, or to procure 
the grant of the licences, and that in the circumstances it is unreasonable that 
the licences should not be granted; or 
(b) that a licensor proposes that the licences should be granted subject to the 
pa)ment of charges, or to conditions, that are unreasonable; 
may apply to the Tribunal under this section. 
(5) \Vhere an organization (whether claiming to be representative of persons 
requiring licences or not) or a person (whether requiring a licence or not) applies to 
the Tribunal to be made a party to an application under any of the preceding 
subsections of this section, and the Tribunal is satisfied that the organization or 
person has a substantial interest in the matter in dispute, the Tribunal may, if it 
thinks fit, make that organization or person a party to the application. IP !Nil! AUS/ell 
Page 116 
(6) \Vhere an application is made to the Tribunal under subsection (1), (2), (3) or 
(4), the Tribunal shall give to the applicant, to the licensor concerned and to every 
other party (if any) to the application an opportunity of presenting their cases and, if 
the Tribunal is satisfied that the claim of the applicant is well-founded, the Tribunal 
shall make an order specifying, in respect of the matters specified in the order: 
(a) in the case of an application under subsection (I)-the charges, if any, 
and the conditions, that the Tribunal considers to be applicable in accordance 
with the licence scheme in relation to the applicant; 
(b) in the case of an application under subsection (2) or subsection (3)-the 
charges, if any, and the conditions, that the Tribunal considers reasonable in 
the circumstances in relation to the applicant; or 
(c) in the case of an application under subsection (4 )-the charges, if any, 
and the conditions, that the Tribunal considers reasonable in the circumstances 
in relation to persons, or to persons included in classes of persons, specified in 
the order, being persons who were represented by the applicant or \vere parties 
to the application. 
(7) A reference in this section to a failure to grant a licence, or to procure the grant 
of a licence, shall be read as a reference to a failure to grant the licence, or to 
procure the grant of the licence, as the case may be, within a reasonable time after a 
request to do so. 
158 Effect of licence scheme being continued in operation pending order of the 
Tribunal 
(1) \Vhere a licence scheme is in operation by virtue of this Part pending the making 
of an order on a reference under this Part and a person, in a case to which the 
scheme applies, does an}1hing that, apart from this subsection, would be an 
infringement of a copyright but would not be such an infringement if the person 
\Vere the holder of a licence granted in accordance with the scheme in so far as the 
scheme relates to cases to which the reference relates, that person shall, ifhe or she 
has complied with the relevant requirements, be in the like position, in any 
proceedings for infringement of that copyright, as ifhe or she had at the material 
time been the holder of such a licence. 
(2) For the purposes of the last preceding subsection, the relevant requirements are: 
(a) that, at all material times, the person concerned has complied with the 
conditions that, in accordance \vith the licence scheme, would be applicable to 
a licence in respect of the case concerned; and 
(b) where, in accordance with the scheme, any charges are payable in 
respect of such a licence-that, at the material time, the person concerned had 
paid those charges to the licensor operating the scheme, or, if at that time the 
amount payable could not be ascertained, he or she had given an undertaking 
in writing to the licensor to pay the charges when ascertained. 
(3) A person who does anything in relation to which subsection (1) applies is liable 
to pay to the licensor operating the licence scheme concerned the amount of any 
charges that would be payable if he or she were the holder of a licence granted in 
accordance with the scheme in so far as the scheme relates to the doing of that thing 
and the licensor may recover that amount in a court of competent jurisdiction from 
the person as a debt due to the licensor. 
159 Effect of order of Tribunal in relation to licences IP/N/l1 AUS/ell 
Page 117 
( 1 ) \Vhere an order made on a reference under this Part with respect to a licence 
scheme is for the time being in force and a person, in a case to \vhich the scheme as 
confirmed or varied by the order applies, does anything that, apart from this 
subsection, would be an infringement of copyright but would not be such an 
infringement if he or she were the holder of a licence granted in accordance with the 
scheme, as confirmed or varied by the order, in so far as the scheme relates to cases 
to which the order applies, that person shall, if he or she has complied with the 
relevant requirements, be in the like position, in any proceedings for infringement of 
that copyright, as if he or she had at the material tIme been the holder of such a 
licence. 
(2) For the purposes of the last preceding subsection, the relevant requirements are: 
(a) that, at all material times, the person concerned has complied with the 
conditions that, in accordance with the licence scheme as confirmed or varied 
by the order, would be applicable to a licence in respect of the case concerned; 
and 
(b) where, in accordance with the scheme as so confirmed or varied, any 
charges are payable in respect of such a licence-that, at the material tim~, the 
person concerned had paid those charges to the licensor operating the scheme, 
or, if at that time the amount payable could not be ascertained, he or she had 
given an undertaking in writing to the licensor to pay the charges when 
ascertained. 
(3) A person who does an)1hing in relation to \vhich subsection (1) applies is liable 
to pay to the licensor operating the licence scheme concerned the amount of any 
charges that would be payable if he or she \vere the holder of a licence granted in 
accordance with the scheme, as confirmed or varied by the order, in so far as the 
scheme relates to the doing of that thing and the licensor may recover that amount 
in a court of competent jurisdiction from the person as a debt due to the licensor. 
(4) \Vhere the Tribunal has made an order on an application under subsection 
157(1), (2) or (3) specifying charges, if any, and conditions, in relation to the 
applicant, in respect of the matters specified in the order, then if: 
(a) the applicant has complied with the conditions specified in the order; 
and 
(b) in a case where the order specifies any charges-he or she has paid those 
charges to the licensor or, if the amount payable could not be ascertained, has 
given to the licensor an undertaking in writing to pay the charges \vhen 
ascertained; 
the applicant shall be in the like position, in any proceedings for infringement of 
copyright relating to any of those matters, as if he or she had at all material times 
been the holder of a licence granted by the owner of the copyright concerned on the 
conditions, and subject to payment of the charges (if any), specified in the order. 
(5) \Vhere the Tribunal has made an order on an application under subsection 157(4) 
specifying charges (if any) and conditions, in relation to the persons, or to persons 
included in the classes of persons, specified in the order, in respect of matters 
specified in the order, then, if: 
(a) any such person has complied with the conditions specified in the order; 
and 
(b) in the case where the order specifies any charges-the person has paid 
those charges to the licensor or, if the amount payable could not be IP/N/lIAUS/c/1 
Page 118 
ascertained, has given to the licensor an undertaking in writing to pay the 
charges when ascertained; 
that person shall be in the like position, in any proceedings for infringement of 
copyright relating to any of those matters, as if he or she had at all material times 
been the holder of a licence granted by the owner of the copyright concerned on the 
conditions, and subject to payment of the charges (if any), specified in the order. 
(6) \Vhere a person in relation to whom an order referred to in subsection (4) or 
subsection (5) applies does, in relation to any of the matters specified in that order, 
anything that, apart from that subsection, would be an infringement of copyright but 
\vould not be such an infringement if he or she were the holder of a licence in 
respect of the doing of that thing granted by the owner of the copyright concerned 
on the conditions and subject to payment of the charges (if any) specified in the 
order, that person is liable to pay to the owner of the copyright the amount of any 
charges that would be payable if he or she were the holder of such a licence and the 
owner of the copyright may recover that amount in a court of competent jurisdiction 
from the person as a debt due to the owner of the copyright. 
160 Interim orders 
\Vhere an application or reference is made to the Tribunal under this Act, the 
Tribunal may make an interim order having effect until the final decision of the 
Tribunal on the application or reference. 
161 Reference of questions of la\v to Federal Court of Australia 
(1) The Tribunal may, of its own motion or at the request of a party, refer a question 
of la\v arising in proceedings before it for determination by the Federal Court of 
Australia. 
(2) A question shall not be referred to the Federal Court of Australia by virtue of the 
last preceding subsection in pursuance of a request made after the date on which the 
Tribunal gave its decision in the proceedings unless the request is made before the 
expiration of such period as is prescribed. 
(3) If the Tribunal, after giving its decision in any proceedings, refuses a request to 
refer a question to the Federal Court of Australia, the party by whom the request 
was made may, within such period as is prescribed, apply to the Federal Court of 
Australia for an order directing the Tribunal to refer the question to the Federal 
Court of Australia. 
(4) \Vhere a reference is made to the Federal Court of Australia under this section 
with respect to an:y proceedings before the Tribunal, and where an application is 
made under the last preceding subsection with respect to any such proceedings, 
every party to the proceedings before the Tribunal is entitled to appear and to be 
heard. 
(5) \Vhere, after the Tribunal has given its decision in any proceedings, the Tribunal 
refers to the Federal Court of Australia under this section a question of law that 
arose in the course of the proceedings, and the Federal Court of Australia decides 
that the question was erroneously detennined by the Tribunal: 
(a) the Tribunal shall reconsider the matter in dispute and, if it considers it 
necessary to do so for the purpose of giving effect to the decision of the 
Federal Court of Australia, shall give to the parties to the proceedings a further 
opportunity of presenting their cases; and 
(b) if it appears to the Tribunal to be appropriate, and in confonnity with the 
decision of the Federal Court of Australia, to do so, the Tribunal shall make IPINIlIAUS/CI 1 
Page 119 
. such order revoking or modifying any order previously made by it in the 
proceedings, or, in the case of proceedings under section 157 where the 
Tribunal refused to make an order, shall make such order under that section, 
as the Tribunal considers to be appropriate. 
(6) A reference ofa question by the Tribunal to the Federal Court of Australia under 
this section shall be by way of stating a case for the opinion of the Federal Court of 
Australia. 
(7) Jurisdiction is conferred on the Federal Court of Australia to hear and determine 
a question of law referred to it under this section ... 
(8) For the purposes of this section, a question of law does not include a question 
whether there is sufficient evidence to justify a finding of fact by the Tribunal. 
(9) This section does not apply in relation to an inquiry by the Tribunal under 
section 148. 
162 Agreements or an'ards not affected 
Nothing in this Part affects the operation of any agreement or of any award made by 
an arbitrator, whether the agreement or award was made before, or is made after, the 
commencement of this Act. 
Division 4-Procedure and Evidence 
163 Proceedings to be in public except in special circumstances 
(1) Subject to this section, the hearing of proceedings before the Tribunal shall be in 
public. 
(2) \Vhere the Tribunal is satisfied that it is desirable to do so by reason of the 
confidential nature of any' evidence or matter or for any other reason: the Tribunal 
may: 
(a) direct that a hearing or part of a hearing shall take place in private and 
give directions as to the persons who may be present; or 
(b) give directions prohibiting or restricting the publication of evidence 
given before the Tribunal (whether in public or in private) or of matters 
contained in documents produced to the Tribunal. 
163A Application may be made to Tribunal by the agent of the copyright owner 
(1) An owner of cop)Tight may make an application to the Tribunal under this Act 
by his or her agent. 
(2) Tvy"o or more owners of copyright may jointly make a single application to the 
Tribunal by the same agent against the same person or body. 
164 Procedure 
In proceedings before the Tribunal: 
(a) the procedure of the Tribunal is, subject to this Act and the regulations, 
within the discretion of the Tribunal; 
(b) the Tribunal is not bound by the rules of evidence; and 
(c) the proceedings shall be conducted with as little fonnality, and with as 
much expedition, as the requirements of this Act and a proper consideration of 
the matters before the Tribunal permit. 
165 l\iIistakes or errors in orders of the Tribunal 
The Tribunal may correct, in any order of the Tribunal, a clerical mistake or an error 
arising from an accidental slip or omission. 
166 Regulations as to procedure 
(1) The regulations may make provision for or in relation to the procedure in 
connexion with the making of references and applications to the Tribunal and the IP/NI1 IAUS/C/l 
Page 120 
regulation of proceedings before the Tribunal and may prescribe the fees payable in 
respect of those references and applications and the fees and expenses of witnesses 
in those proceedings. 
(2) The regulations may include provision: 
(a) for requiring notice of an intended inquiry by the Tribunal under section 
148 or an intended reference to the Tribunal under section 154, section 155 or 
section 156 to be advertised in accordance with the regulations; 
(b) for requiring notice of an intended application to the Federal Court of 
Australia under subsection 161 (3) to be given to the Tribunal and to the other 
parties to the proceedings, and for limiting the time within \vhich any such 
notice is to be given; 
(c) for suspending, or authorizing or requiring the Tribunal to suspend, the 
operation of orders of the Tribunal in cases where, after giving its decision, 
the Tribunal refers a question of law to the Federal Court of Australia; 
(d) for modifying, in relation to orders of the Tribunal the operation of 
which is suspended, the operation of any provisions of this Part as to the effect 
of orders made under this Part; 
(e) for the publication of notices, or the doing of any other things, to ensure 
that persons affected by the suspension of an order of the Tribunal will be 
informed of its suspension; and 
(f) for regulating or prescribing any other matters incidental to or 
consequential upon any request, application, order or decision under section 
161. 
167 Power to take evidence on oath 
(1) The Tribunal may take evidence on oath or affirmation, and for that purpose a 
member may administer an oath or affirmation. 
(2) A member may summon a person to appear before the Tribunal to gi\'e evidence 
and to produce such documents and articles (if any) as are referred to in the 
summons. 
168 Eyidence in form of\yritten statement 
The Tribunal may, if it thinks fit, pennit a person appearing as a \vitness before the 
Tribunal to give evidence by tendering, and verifying by oath or affinnation, a 
\vritten statement, which shall be filed with the Secretary to the Tribunal. 
169 Representation 
In proceedings before the Tribunal: 
(a) a party other than a body corporate or an unincorporated body of persons 
may appear in person or be represented by an employee of the party approved 
by the Tribunal; 
(b) a party being a body corporate may be represented by a director or other 
officer, or by an employee, of the party approved by the Tribunal; 
(c) a party being an unincorporated body of persons or a member of such a 
body may be represented by a member, or by an officer or employee, of the 
body approved by the Tribunal; and 
(d) any party may be represented by a barrister or solicitor of the High 
Court or of the Supreme Court of a State or of a Territory. 
Division 5-Miscellaneous 
170 Secretary and other staff IP/N/l/AUS/C/1 
Page 121 
(1) There shall be a Secretary to the Tribunal, who shall be appointed by the 
Attorney-General. 
(2) The Secretary, and any other staff necessary to assist the Tribunal, shall be 
persons employed under, or whose services are made available in accordance with 
arrangements made under, the Public Service Act 1922-1968. 
171 Protection of members, barristers and witnesses 
(1) A member has, in the performance of his or her duty as a member, the same 
protection and immunity as a Justice of the High Court. 
(2) A barrister, solicitor or other person appearing before the Tribunal on behalf of a 
party has the same protection and immunity as a barrister has in appearing for a 
party in proceedings in the High Court. 
(3) A person summoned to appear before the Tribunal as a witness has the same 
protection, and is, in addition to the penalties provided by this Act, subject to the 
same liabilities, in any civil or criminal proceedings as a witness in proceedings in 
the High Court. 
172 Disobedience to summons etc. 
(1) A person who has been summoned to appear as a witness before the Tribunal 
shall not, without lawful excuse, and after tender of reasonable expenses, fail to 
appear in obedience to the summons. 
(2) A person who has been summoned to produce a document or article to the 
Tribunal shall not, \vithout lawful excuse, and after tender of reasonable expenses, 
fail to produce the document or article. 
(3) A person \vho appears before the Tribunal shall not, \vithout lawful excuse, 
refuse to be sworn or to make an affirmation, or to produce documents or articles, or 
to answer questions, that he or she is required by the Tribunal to produce or answer. 
Penalty: $1,000 or imprisonment for 3 months. 
173 Contempt of Tribunal etc. 
A person shall not: 
(a) insult or disturb a member in the exercise of his or her powers or 
functions as a member; 
(b) interrupt the proceedings of the Tribunal; 
(c) use insulting language towards a member; 
(d) create a disturbance or take part in creating or continuing a disturbance 
in or near a place where the Tribunal is sitting; 
(e) contravene or fail to comply with a direction of the Tribunal given under 
paragraph 163(2)(b); or 
(f) do any other act or thing that would, if the Tribunal were a court of 
record, constitute a contempt of that court. 
Penalty: S 1 ,000 or imprisonment for 3 months. 
174 Costs of proceedings 
(1) The Tribunal may order that the costs of any proceedings before it incurred by 
any party, or a part of those costs, shall be paid by any other party and may tax or 
settle the amount of the costs to be so paid, or specify the manner in which they are 
to be taxed. 
(lA) In taxing or settling under subsection (1) the amount of the costs, or ofa 
part of the costs, of any proceedings before the Tribunal incurred by a party, the 
Tribunal or the person or persons taxing or settling those costs, as the case may be, 
shall allow so much only of the amount as in the opinion of the Tribunal or the IPIN/ll AUS/CII 
Page 122 
person or persons, as the case may be, would be allowed if the proceedings were 
proceedings before the Federal Court of Australia and the costs were taxed under 
the Federal Court Rules. 
(2) Costs directed by the Tribunal to be paid to a party may be recovered by that 
party in any court of competent jurisdiction. 
(2A) In any proceedings before a court under subsection (2) for the recovery 
of costs directed by the Tribunal to be paid to a party, a certificate signed by the 
Secretary to the Tribunal that states that the costs have been taxed or the amount of 
the costs has been settled and sets out the amount 'of the costs as so taxed or settled 
is prima facie evidence of the matters stated in the certificate. 
(3) This section does not apply in relation to an inquiry by the Tribunal under 
section 148. 
175 Proof of orders of Tribunal 
\Vithout prejudice to any other method available by law for the proof of orders of 
the Tribunal, a document purporting to be a copy of such an order, and to be 
certified by the Secretary to the Tribunal to be a true copy of the order, is, in any 
proceeding, evidence of the order. 
Part VII-The Cro,vD 
Do not delete: Diyision placeholder 
176 Crown copyright in original 'works made under direction of Crown 
(1) \Vhere, apart from this section, copyright would not subsist in an original 
literary, dramatic, musical or artistic work made by, or under the direction or control 
of, the Commonwealth or a State, copyright subsists in the work by virtue of this 
subsection. 
(2) The Commonwealth or a State is, subject to this Part and to Part X, the owner of 
the copyright in an original literary, dramatic, musical or artistic work made by, or 
under the direction or control of, the Common\vealth or the State: as the case may 
be. 
177 Crown copyright in original 'works first published in Australia under direction 
of Cro,,:n 
Subject to this Part and to Part X, the Commonwealth or a State is the owner of the 
copyright in an original literary, dramatic, musical or artistic work first published in 
Australia if first published by, or under the direction or control of, the 
Commonwealth or the State, as the case may be. 
178 CrOlyn copyright in recordings and films made under direction of Cro'wn 
(1) ¥lhere, apart from this section, copyright would not subsist in a sound recording 
or cinematograph film made by, or under the direction or control of, the 
Common\vealth or a State, cop)Tight subsists in the recording or film by virtue of 
this subsection. 
(2) The Commonwealth or a State is, subject to this Part and to Part X, the owner of 
the copyright in a sound recording or cinematograph film made by, or under the 
direction or control of, the Commonwealth or the State, as the case may be. 
179 Provisions relating to ownership of copyright may be modified by agreement 
The last three preceding sections have effect subject to any agreement made by, or 
on behalf of, the Commonwealth or a State \vith the author of the work or with the 
maker of the sound recording or cinematograph film, as the case may be, by which 
it is agreed that the copyright in the work, recording or film is to vest in the author 
or maker, or in another person specified in the agreement. '180 Duration of Cro\yn copyright in original 'works IPlNllf AUS/CII 
Page 123 
(1) Copyright in a literary, dramatic or musical work of which the Commonwealth 
or a State is the owner, or would, but for an agreement to which the last preceding 
section applies, be the owner: 
(a) where the work is unpublished-continues to subsist so long as the work 
remains unpublished; and 
(b) where the work is published-subsists, or, if copyright in the work 
subsisted immediately before its first publication, continues to subsist, until 
the expiration of 50 years after the expiration of the calendar year in which the 
work was first published. 
(2) Subject to the next succeeding subsection, copyright in an artistic work of which 
the Commonwealth or a State is the owner, or would, but for an agreement to which 
the last preceding section applies, be the owner, continues to suhsist until the 
expiration of 50 years after the expiration of the calendar year in which the work 
was made. 
(3) Copyright in an engraving or photograph of which the Commonwealth or a State 
is the owner, or would, but for an agreement to which the last preceding section 
applies, be the owner, continues to subsist until the expiration of 50 years after the 
expiration of the calendar year in which the engraving or photograph is first 
published. 
181 Duration of Crown copyright in recordings and films 
Copyright in a sound recording or cinematograph film of which the Commonwealth 
or a State is the owner, or would, but for the operation of an agreement to \vhich 
section 179 applies, be the owner, subsists until the expiration of 50 years after the 
expiration of the calendar year in which the recording or film is first published. 
182 Application of Parts III and IV to copyright subsisting by virtue of this Part 
(1) Part III (other than the provisions of that Part relating to the subsistence, 
duration or ownership of copyright) applies in relation to copyright subsisting by 
virtue of this Part in a literary, dramatic, musical or artistic work in like manner as it 
applies in relation to copyright subsisting in such a work by virtue of that Part. 
(2) Part IV (other than the provisions of that Part relating to the subsistence, 
duration or ownership of copyright) applies in relation to copyright subsisting by 
virtue of this Part in a sound recording or cinematograph film in like manner as it 
applies in relation to copyright subsisting in such a recording or film by virtue of 
that Part. 
182A Copyright in statutory instruments and judgments etc. 
(1) The copyright, including any prerogative right or privilege of the Crown in the 
nature of copyright, in a prescribed work is not infringed by the making, by 
reprographic reproduction, of one copy of the whole or of a part of that work by or 
on behalf of a person and for a particular purpose. 
(2) Subsection (1) does not apply to the making, by reprographic reproduction, of a 
copy of the whole or a part of the work, where a charge is made for making and 
supplying that copy, unless the amount of the charge does not exceed the cost of 
making and supplying that copy. 
(3) In subsection (1), a prescribed work means: 
(a) an Act or State Act, an enactment of the legislature of a Territory or an 
instrument (including an Ordinance or a rule, regulation or by-law) made 
under an Act, a State Act or such an enactment; IP/NIlIAUS/CI 1 
Page 124 
(b) ajudgment, order or a\vard ofa Federal court or ofa court ofa State or 
Territory; 
(c) ajudgment, order or a\vard ofa Tribunal (not being a court) established 
by or under an Act or other enactment of the Commonwealth, a State or a 
Territory; 
(d) reasons for a decision of a court referred to in paragraph (b), or of a 
Tribunal referred to in paragraph (c), given by the court or by the Tribunal; or 
(e) reasons given by a Justice, Judge or other member of a court referred to 
in paragraph (b), or ofa member ofa Tribunal referred to in paragraph (c), for 
a decision given by him or her either as the sole member, or as one of the 
members, of the court or Tribunal. 
183 Use of copyright material for the sen"ices of the Cro\vn 
(1) The copyright in a literary, dramatic, musical or artistic work or a published 
edition of such a work, or in a sound recording, cinematograph film, television 
broadcast or sound broadcast, is not infringed by the Commonwealth or a State, or 
by a person authorized in writing by the Commonwealth or a State, doing any acts 
com prised in the copyright if the acts are done for the services of the 
Commonwealth or State. 
(2) \Vhere the Government of the Commonwealth has made an agreement or 
arrangement with the Government of some other country for the supply to that 
country of goods required for the defence of that country: 
(a) the doing of any act in connexion with the supply of those goods in 
pursuance of the agreement or arrangement; and 
(b) the sale to any person of such of those goods as are not required for the 
purposes of the agreement or arrangement; 
shall, for the purposes of the last preceding subsection, be each deemed to be for the 
services of the Commonwealth. 
(3) Authority may be given under subsection (1) before or after the acts in respect of 
which the authority is given have been done, and may be given to a person 
not\vithstanding that he or she has a licence granted by, or binding on, the owner of 
the copyright to do the acts. 
(4) \Vhere an act comprised in a copyright has been done under subsection (1), the 
Commonwealth or State shall, as soon as possible, unless it appears to the 
Commonwealth or State that it would be contrary to the public interest to do so, 
inform the owner of the copyright, as prescribed, of the doing of the act and shall 
furnish him or her with such information as to the doing of the act as he or she from 
time to time reasonably requires. 
(5) \Vhere an act comprised in a copyright has been done under subsection (1), the 
terms for the doing of the act are such terms as are, whether before or after the act is 
done, agreed bet\veen the Commonwealth or the State and the o\\ner of the 
cop)Tight Of, in default of agreement, as are fixed by the Cop)Tight Tribunal. 
(6) An agreement or licence (whether made or granted before or after the 
commencement of this Act) fixing the tenns upon \vhich a person other than the 
Commonwealth or a State may do acts comprised in a cop)Tight is inoperative with 
respect to the doing of those acts, after the commencement of this Act, under 
subsection (1), unless the agreement or licence has been approved by the Attomey­
General of the Commonwealth or the Attorney-General of the State. 
(7) \Vhere an article is sold and the sale is not, by virtue of subsection (1), an 
infringement of a copyright, the purchaser of the article, and a person claiming IP/N/IIAUS/CIl 
Page 125 
through him or her, is entitled to deal with the article as if the Commonwealth or 
State were the o\\'ner of that copyright. 
(8) An act done under subsection (1) does not constitute publication ofa work or 
other subject-matter and shall not be taken into account in the application of any 
provision of this Act relating to the duration of any copyright. 
(9) \Vhere an exclusive licence is in force in relation to any cop)Tight, the preceding 
subsections of this section have effect as if any reference in those subsections to the 
owner of the copyright were a reference to the exclusive licensee. 
(11) The copying of the whole or a part of a work or other subject-matter for the 
educational purposes of an educational institution of, or under the control of, the 
Commonwealth, a State or the Northern Territory shall, for the purposes of this 
section, be deemed not to be an act done for the services of the Commonwealth, that 
State or the Northern Territory. 
Part VIII-Extension or Restriction of Operation of Act 
Do not delete: Dhoision placeholder 
184 Application of Act to countries other than Australia 
(1) Subject to this section, the regulations may make provision applying any of the 
provisions of this Act (other than those of Part XIA) specified in the regulations, in 
relation to a country (other than Australia) so specified, in anyone or more of the 
follo\ving ways: 
(a) so that the provisions apply in relation to literary, dramatic, musical or 
artistic works or editions first published, or sound recordings or 
cinematograph films made or first published, in that country in like manner as 
those provisions apply in relation to literary, dramatic, musical or artistic 
works or editions first published, or sound recordings or cinematograph films 
made or first published, in Australia; 
(b) so that the provisions apply in relation to artistic works that are 
buildings situated in that country or are attached to, or form part of, buildings 
situated in that country in like manner as those provisions apply in relation to 
artistic works that are buildings situated in Australia or are attached to, or 
form part of, buildings situated in Australia; 
(c) so that the provisions apply in relation to persons who, at a material 
time, are citizens or nationals of that country in like manner as those 
provisions apply in relation to persons who, at such a time, are Australian 
citizens; 
(d) so that the provisions apply in relation to persons who, at a material 
time, are resident in that country in like manner as those provisions apply in 
relation to persons who, at such a time, are resident in Australia; 
(e) so that the provisions apply in relation to bodies incorporated under the 
law of that country in like manner as those provisions apply in relation to 
bodies incorporated under a law of the Commonwealth or of a State; 
(f) so that the provisions apply in relation to television broadcasts and 
sound broadcasts made from places in that country by persons entitled under 
the law of that country to make such broadcasts in like manner as those 
provisions apply in relation to television broadcasts and sound broadcasts 
made from places in Australia by the Australian Broadcasting Corporation, by 
the Special Broadcasting Service Corporation, by a holder of a licence or IP IN/ 11 A us/ell 
Page 126 
pennit granted under the Broadcasting Act 1942 or by a person prescribed for 
the purposes of subparagraph 9 1 (a)(iii) or 91 (c)(iii). 
(2) Regulations applying a provision of this Act in relation to a country other than 
Australia in accordance with the last preceding subsection: 
(a) may apply the provision without exception or modification or subject to 
such exceptions or modifications as are specified in the regulations; and 
(b) may apply the provision either generally or in relation to such classes of 
works or other subject-matter, or other classes of cases, as are specified in the 
regulations. . 
(3) Regulations applying any of the provisions of this Act in relation to a country, 
not being a country that is a party to a Convention relating to copyright to which 
Australia is also a party, shall not be made unless the Governor-General is satisfied 
that, in respect of the class of works or other subject-matter to \vhich those 
provisions relate, provision has been or will be made under the law of that country 
by virtue of which adequate protection is or will be given to owners of copyright 
under this Act. 
(4) \Vhere: 
(a) the identity of the author of an unpublished work is unknown but there 
are reasonable grounds for believing that the author of the work \vas, at the 
time \vhen, or for a substantial part of the period during which, the \vork was 
made, a citizen or national of a country other than Australia; 
(b) under the la\\! of that country, a person is authorized to represent the 
author, or to protect and enforce the rights of the author, in relation to that 
work; and 
(c) provision is made by the regulations applying any of the provisions of 
this Act in relation to \vorks made by citizens or nationals of that country; 
that person shall, for the purposes of those provisions as so applying, be treated as if 
he were the author of the work. 
185 Denial of copyright to citizens of countries not giving adequate protection to 
Australian ",·orks 
( 1) If it appears to the Governor-General that the law of a country does not give 
adequate protection to Australian works, or does not give adequate protection in 
relation to a class or classes of such works (whether the lack of protection relates to 
the nature of the work or the nationality, citizenship or country of residence of its 
author, or all of those matters), the regulations may make provision in relation to 
that country in accordance with the next succeeding subsection. 
(2) Regulations made for the purposes of this section may provide, either generally 
or in such classes of cases as are specified in the regulations, that copyright under 
this Act does not subsist in works first published after a date specified in the 
regulations (which may be a date before the commencement of the regulations or 
before the commencement of this Act) if, at the time of the first publication of those 
works, the authors of the works were or are: 
(a) citizens or nationals of a country specified in the regulations, not being 
at that time persons resident in Australia; or 
(b) in the case of works being sound recordings or cinematograph films-
bodies incorporated under the law of a country specified in the regulations. IPIN/lIAus/ell 
Page 127 
(3) In making regulations for the purposes of this section, the Governor-General 
shall have regard to the nature and extent of the lack of protection for Australian 
works by reason of which the regulations are made. 
( 4) In this section: 
Australian work means a work the author of\vhich was, at the time when the work 
was made, a qualified person for the purposes of the relevant provision of this Act. 
author, in relation to a sound recording or a cinematograph film, means the maker 
of the recording or film. 
the relevant provision oJthis Act means: 
(a) in relation to a literary, dramatic, musical or artistic work-section 32; 
and 
(b) in relation to a sound recording or a cinematograph film-Part IV. 
work means a literary, dramatic, musical or artistic work, a sound recording or a 
cinematograph film. 
186 Application of Act to international organizations 
(1) \Vhere it appears to the Governor-General that it is desirable that this Act shoulC 
apply in relation to an organization: 
(a) of which 2 or more countries, or the Governments of2 or more 
countries, are members; or 
(b) that is constituted by persons representing 2 or more countries, or 
representing the Governments of2 or more countries; 
the regulations may declare that organization to be an international organization to 
which this Act applies. 
(2) An international organization to \vhich this Act applies that otherwise does not 
have, or at some material time othenvise did not have, the legal capacities of a bod) 
corporate has, and shall be deemed at all material times to have had, the legal 
capacities of a body corporate for the purpose of holding, dealing \'lith and 
enforcing copyright and for the purposes of all legal proceedings relating to 
copyright. 
187 Original ,,·orks made or first published by international organizations 
(1) \Vhere an original literary, dramatic, musical or artistic work is made by, or 
under the direction or control of, an international organization to \vhich this Act 
applies in such circumstances that copyright would not, apart from this subsection, 
subsist in the work: 
(a) copyright subsists in the work; 
(b) that copyright subsists so long as the work remains unpublished; and 
(c) the organization is, subject to Part X, the owner of that copyright. 
(2) \Vhere an original literary, dramatic, musical or artistic work is first published 
by, or under the direction or control of, an international organization to which this 
Act applies in such circumstances that copyright would not, apart from this 
subsection, subsist in the work immediately after the first publication of the work: 
(a) copyright subsists in the work, or, if copyright in the work subsisted 
immediately before its first publication, continues to subsist in the work; 
(b) that copyright subsists until the expiration of 5 0 years after the 
expiration of the calendar year in which the work was first published; and 
(c) the organization is, subject to Part X, the O\\ller of that copyright. 
(3) Part III, other than the provisions of that Part relating to the subsistence, duration 
or ownership of copyright, applies in relation to copyright subsisting by virtue of IP/N/lIAUS/CIl 
Page 128 
this section in like manner as it applies in relation to copyright subsisting by virtue 
of that Part. 
188 Subject-matter, other than original works, made or first published by 
international organizations 
(1) Where a sound recording or a cinematograph film is made by, or under the 
direction or control of, an international organization to which this Act applies in 
such circumstances that copyright would not, apart from this subsection, subsist in 
the recording or film: 
(a) copyright subsists in the recording or film; 
(b) that copyright subsists so long as the recording or film remains 
unpublished; and 
( c) the organization is, subject to Part X, the .owner of that copyright. 
(2) \Vhere a sound recording or a cinematograph film is first published by, or under 
the direction or control of, an international organization to which this Act applies in 
such circumstances that copyright would not, apart from this subsection, subsist in 
the recording or film immediately after the first publication of the recording or film: 
(a) copyright subsists in the recording or film, or, if copyright in the 
recording or film subsisted immediately before its first publication, continues 
to subsist in the recording or film; 
(b) that copyright subsists until the expiration of 50 years after the 
expiration of the calendar year in which the recording or film was first 
published; and 
(c) the organization is, subject to Part X, the owner of that copyright. 
(3) \Vhere an edition of a literary, dramatic, musical or artistic work or of 2 or more 
litera!)·, dramatic, musical or artistic \'lorks, other than an edition that reproduces a 
previous edition of the same \vork or \vorks, is published by, or under the direction 
or control of, an international organization to which this Act applies in such 
circumstances that copyright would not, apart from this subsection, subsist in the 
edition immediately after the first publication of the edition: 
(a) copyright subsists in the edition; 
(b) that copyright subsists until the expiration of 25 years after the 
expiration of the calendar year in which the edition was first published; and 
(c) the organization is, subject to Part X, the O\'lner of that copyright. 
(4) Part IV, other than the provisions of that Part relating to the subsistence, duration 
or ownership of copyright, applies in relation to copyright subsisting by virtue of 
this section in like manner as it applies in relation to copyright subsisting by virtue 
of that Part. 
Part IX-False Attribution of Authorship 
Do not delete: Diyision placeholder 
189 Interpretation 
In this Part, name includes initials or a monogram. 
190 Duty not to attribute falsely the authorship of a ,,,·ork 
(1) A person (in this subsection referred to as the offender) is, by virtue of this 
section, under a duty to the author of a \vork not to: 
(a) insert or affix another person's name in or on the work, or in or on a 
reproduction of the work, in such a way as to imply that the other person is the 
author of the work; IP/N/1/ AUS/e/l 
Page 129 
(b) publish, sell or let for hire, by way of trade offer or expose for sale or 
hire, or by way of trade exhibit in public, the work with another person's name 
so inserted or affixed, if the offender knows that the other person is not the 
author of the work; 
(c) do any of the acts mentioned in the last preceding paragraph in relation 
to, or distribute, reproductions of the work, being reproductions in or on which 
another person's name has been so inserted or affixed, if the offender knows 
that the other person is not the author of the ,vork; or 
(d) perform in public or broadcast the work as being a work of which 
another person is the author, if the offender knows that the other person is not 
the author of the work. 
(2) The last preceding subsection applies where, contrary to the fact, a work is 
represented as being an adaptation of the work of another person in like manner as it 
applies \vhere a work is represented as being the ,york of another person. 
(3) After the death of the author of a work, a person is, by virtue of this section, 
under a duty to the legal personal representative of the author not to do in relation 
to, or to a reproduction of, the work or an adaptation of the work any act that, but 
for the death of the author, the person would, by reason of either of the last two 
preceding subsections, have been under a duty to the author not to do. 
(4) In this section, work means a work in which copyright subsists. 
191 Duty not to attribute falsely the authorship of altered work 
\Vhere a work in which copyright subsists has been altered by a person other than 
the author of the work, a person is, by virtue of this section, under a duty to the 
author of the work not to: 
(a) publish, sell or let for hire, or by way of trade offer or expose for sale or 
hire, the \vork as so altered, as being the unaltered work of the author; or 
(b) publish~ sell or let for hire, or by 'vay of trade offer or expose for sale or 
hire, a reproduction of the work as so altered, as being a reproduction of the 
unaltered work of the author; 
if, to the person's knowledge, it is not the unaltered work or a reproduction of the 
unaltered \vork, as the case may be, of the author. 
192 Duty not to attribute falsely the authorship of reproduction of artistic ''''ork 
A person is, by virtue of this section, under a duty to the author of an artistic work 
in which copyright subsists not to: 
(a) publish, sell or let for hire, by way of trade offer or expose for sale or 
hire, or by way of trade exhibit in public, a reproduction of the work, as being 
a reproduction made by the author of the work; or 
(b) distribute reproductions of the work as being reproductions made by the 
author of the work; 
where the reproduction was, or the reproductions were, to the person's knowledge, 
not made by the author. 
193 Breach of duty not committed if act done outside Australia or done \,"ith 
permission 
The doing of an act by a person is not a breach of a duty o\ved by that person to 
another person by virtue of this Part if the act 'vas done outside Australia or was 
done with the permission, whether express or implied, of that other person. 
194 Action for breach of duty IP /NIl! A USICII 
Page 130 
(1) Where a person commits a breach of a duty owed by him or her to another 
person by virtue of this Part, the breach is not an offence against this Part but the 
other person may bring an action in respect of the breach. 
(2) Subject to section 203, the relief that a court may grant in an action under the 
last preceding subsection includes an injunction (subject to such terms, if any, as the 
court thinks fit) and damages. 
(3) \Vhere, in respect of an act done in relation to, or to a reproduction of, a work or 
an adaptation of a work after the death of the author of the work, damages are 
recovered under this section by the legal personal representative of the author, those 
damages devolve as if they formed part of the estate of the author and as if the right 
of action in respect of the doing of that act had subsisted, and had been vested in the 
author, immediately before his or her death. 
195 Saving of other rights and remedies 
(I) Subject to this section, this Part does not affect any right of action or other 
remedy, whether civil or criminal, in proceedings instituted otherwise than by virtue 
of this Part. 
(2) Any damages recovered in proceedings instituted by virtue of this Part shall be 
taken into account in assessing damages in proceedings instituted otherwise than by 
virtue of this Part and arising out of the same operation or transaction. 
(3) Any damages recovered in proceedings instituted otherwise than by virtue of this 
Part shaIl be taken into account in assessing damages in proceedings instituted by 
virtue of this Part and arising out of the same operation or transaction. 
195A.A Jurisdiction of Federal Court of Australia 
Jurisdiction is conferred on the Federal Court of Australia with respect to actions 
under section 194. 
Part X-Miscellaneous 
Do not delete: Division placeholder 
195.A Interpretation 
(1) In this Part (other than subsection 203H(5)), officer in clzarge means: 
(a) in relation to archives-the person holding, or performing the duties of, 
the office or position in the service of the body administering the archives the 
duties of which involve that person having direct responsibility for the 
maintenance of, and the provision of services in relation to, the collection 
comprising the archives; 
(b) in relation to a central records authority-the person holding, or 
performing the duties of, the office in the service of the body administering 
the authority the duties of which involve that person having direct 
responsibility for the maintenance of, and the provision of services in relation 
to, the records deposited with the authority; and 
(c) in relation to a library-the officer holding, or performing the duties of, 
the office or position in the service of the body administering the library the 
duties of which involve that person having direct responsibility for the 
maintenance of, and the provision of services in relation to, the collection 
comprising the library. 
(2) In this Part, a reference to the prescribed retention period after the making of a 
copy of the whole or a part of a work, an eligible item or another subject-matter that 
\Vas made in reliance on section 49, 50, 51A, or 11 DB shall be read as a reference to IPINI 1 IAUS/C/I 
Page 131 
such period as is declared by the regulations to be the prescribed retention period for 
the purposes of this Part. 
(3) A reference in this Part to an educational institution, to an institution assisting 
handicapped readers or to an institution assisting intellectually handicapped persons 
includes a reference to an institution that has at any time been an educational 
institution, an institution assisting handicapped readers or an institution assisting 
intellectually handicapped persons, as the case may be. 
(4) A reference in this Part to an institution includes a reference to a school of 
nursing, an undertaking within a hospital, a teacher education centre and an 
undertaking within a body administering an educational institution. 
(5) In this Part: 
(a) a reference to an eligible item is a reference to: 
(i) a published literary, dramatic, musical or artistic work; 
(ii) a published sound recording or cinematograph film; or 
(iii) a sound broadcast or television broadcast; 
(b) a reference to a copy of an eligible item being a literary, dramatic or 
musical work is a reference to any of the following: 
(i) a reproduction in a material form; 
(ii) an adaptation; 
(iii) a reproduction in a material form of an adaptation, of the work; 
(c) a reference to a copy of an eligible item being an artistic work is a 
reference to a reproduction in a material form of the work; 
(d) a reference to a copy of an eligible item being a sound recording or a 
cinematograph film is a reference to a copy of the sound recording or 
cinematograph film; and 
(e) a reference to a copy of an eligible item being a television broadcast or a 
sound broadcast is a reference to a copy of a cinematograph film of the 
broadcast or to a record embodying a sound recording of the broadcast. 
195B Revie",· of certain decisions 
(1) For the purposes of this section, the following decisions are reviev.:able 
decisions: 
(a) a decision of the Attorney-General refusing to make a declaration in 
respect ofa body or institution under subsection 10A(I), 135P(1) or 
135ZZB(l); 
(b) a decision of the Attorney-General revoking a declaration made in 
respect ofa body or institution under subsection lOA(I), 135P(l) or 
135ZZB(1); 
(c) a decision of the Comptroller-General of Customs under section 135AA 
refusing to seize copies under subsection 135(7); 
(d) a decision of the Comptroller-General of Customs not to give pennission 
under subsection 135AD(l). 
(2) Where the Attorney-General makes a reviewable decision referred to in 
paragraph (l)(a) or (b), the Attorney-General shall cause to be sent to the body or 
institution concerned a written notice containing: 
(a) the tenns of the decision; and 
(b) a statement to the effect that, subject to the Administrative Appeals 
Tribunal Act 1975, application may be made to the Administrative Appeals 
Tribunal for review of the decision; and IPINIlIAUS/C/I 
Page 132 
(c) except where subsection 28(4) of that Act applies-a statement to the 
effect that the body or institution may request a statement under section 28 of 
that Act. 
(3) If the Comptroller-General of Customs makes a reviewable decision referred to 
in paragraph (l)(c) or (d), the Comptroller-General must cause to be sent to the 
objector or importer whose interests are affected by the decision a notice containing: 
(a) the terms of the decision; and 
(b) except where subsection 28(4) of the Administrative Appeals Tribunal 
Act 1975 applies-a statement to the effect that the objector or importer, as 
the case may be, may request a statement under section 28 of that Act. 
(4) Failure to include in a notice under subsection (2) or (3) a statement of the kind 
referred to in paragraph.(2)(b) or (c) or (3)(b), as the case requires, does not affect 
the validity of the decision to which the notice relates. 
(5) Application may be made to the Administrative Appeals Tribunal for review of a 
reviewable decision. 
(8) In this section: 
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975. 
196 Assignments and licences in respect of copyright 
(1) Copyright is personal property and, subject to this section, is transmissible by 
assignment, by will and by devolution by operation of la\\!. 
(2) An assignment of copyright may be limited in any way, including anyone or 
more of the follo\ving ways: 
(a) so as to apply to one or more of the classes of acts that, by virtue of this 
Act, the owner of the copyright has the exclusive right to do (including a class 
of acts that is not separately specified in this Act as being comprised in the 
copyright but falls within a class of acts that is so specified); 
(b) so as to apply to a place in or part of Australia; 
(c) so as to apply to part of the period for which the copyright is to subsist. 
(3) An assignment of copyright (whether total or partial) does not have effect unless 
it is in writing signed by or on behalf of the assignor. 
(4) A licence granted in respect of a copyright by the O\Vner of the copyright binds 
every successor in title to the interest in the copyright of the grantor of the licence to 
the same extent as the licence was binding on the grantor. 
197 Prospective ownership of copyright 
(1) \Vhere, by an agreement made in relation to a future cop)Tight and signed by or 
on behalf of the person \\tho would, apart from this section, be the owner of the 
copyright on its coming into existence, that person purports to assign the future 
copyright (wholly or partially) to another person (in this subsection referred to as 
the assignee), then if, on the coming into existence of the cop)Tight, the assignee or 
a person claiming under him or her would, apart from this subsection, be entitled as 
against all other persons to have the copyright vested in him or her (wholly or 
partially, as the case may be), the copyright, on its coming into existence, vests in 
the assignee or his or her successor in title by force of this subsection. 
(2) \Vhere, at the time when a copyright comes into existence, the person who, ifhe 
or she were then living, would be entitled to the copyright is dead, the copyright 
devolves as if it had subsisted immediately before his or her death and he or she had 
then been the o\\ner of the copyright. IPJNIIIAUS/CIl 
Page 133 
(3) A licence granted in respect of a future copyright by the prospective owner of 
the copyright binds every successor in title to the prospective interest in the 
copyright of the grantor of the licence to the same extent as the licence was binding 
on the grantor. 
198 Copyright to pass under ,viII with unpublished ,vork 
Where under a bequest, whether specific or general, a person is entitled, beneficially 
or otherwise, to the manuscript of a literary, dramatic or musical work, or to an 
artistic work, and the \vork was not published before the death of the testator, the 
bequest shall, unless a contrary intention appears in the testator's will, be read as 
including the copyright in the work in so far as the testator was the owner of the 
copyright immediately before his or her death. 
199 Reception of broadcasts 
(l) \Vhere the inclusion in a television broadcast or sound broadcast of a reading or 
recitation of an extract from a published literary or dramatic work, or from an 
adaptation of such a work, does not constitute an infringement of the cop}Tight in 
the work, a person who, by the reception of the broadcast, causes the work or 
adaptation to be performed in public does not, by doing so, infringe the copyright in 
the vf·ork. 
(2) A person who, by the reception of a television broadcast or sound broadcast, 
causes a sound recording to be heard in public does not, by doing so, infringe the 
copyright, if any, in that recording under Part IV. 
(3) A person who, by the reception of an authorized television broadcast, causes a 
cinematograph film to be seen or heard in public shall be treated, in any proceedings 
for infringement of the copyright, if any, in the film under Part IV, as if the person 
had been the holder of a licence granted by the owner of that copyright to cause the 
film to be seen or heard in public by the reception of the broadcast. 
(4) A person who, by the reception of an authorized television broadcast or sound 
broadcast, causes a literary, dramatic or musical work or an adaptation of such a 
work, an artistic work or a cinematograph film to be transmitted to subscribers to a 
diffusion service shall be treated, in any proceedings for infringement of the 
copyright, if any, in the work or film, as if the person had been the holder of a 
licence granted by the o\vner of that copyright to cause the work, adaptation or film 
to be transm itted by the person to subscribers to that service by the reception of the 
broadcast. 
(5) If, in the circumstances mentioned in either of the last two preceding 
subsections, the person causing the cinematograph film to be seen or heard, or the 
work, adaptation or cinematograph film to be transmitted, as the case may be, 
infringed the copyright concerned by reason that the broadcast was not an 
authorized broadcast, proceedings shall not be brought against that person under this 
Act in respect of his or her infringement of that copyright but the infringement shall 
be taken into account in assessing damages in any proceedings against the maker of 
the broadcast in respect of that copyright, in so far as that copyright was infringed 
by the making of the broadcast. . 
(6) For the purposes of this section, a broadcast, in relation to a work, an adaptation 
of a work or a cinematograph film, is an authorized broadcast if, but only if, it is 
made by, or with the licence of, the owner of the copyright in the work or film. 
(7) A reference in this section to a broadcast shall: IP/NIlIAUS/C/1 
Page 134 
(a) in the case of a television broadcast-be read as a reference to such a 
broadcast made by the Australian Broadcasting Corporation, by the Special 
Broadcasting Service Corporation, by any person with the use of facilities 
provided by the Special Broadcasting Service Corporation, by the holder of a 
licence or pennit granted under the Broadcasting Act 1942 or by a person 
prescribed for the purposes of subparagraph 91 (a)(iii); and 
(b) in the case of a sound broadcast-be read as a reference to such a 
broadcast made by the Australian Broadcasting Corporation, by the Special 
Broadcasting Service Corporation, by any person with the use of facilities 
provided by the Special Broadcasting Service Corporation, by the holder of a 
licence or pennit granted under the Broadcasting Act 19-12 or by a person 
prescribed for the purposes of subparagraph 91 (c )Ciii). 
200 Use OflYOrks and broadcasts for educational purposes 
(1) The copyright in a literary, dramatic, musical or artistic work is not infringed by 
reason only that the \vork is reproduced or, in the case of a literary, dramatic or 
musical work, an adaptation of the work is made or reproduced: 
(a) in the course of educational instruction, where the work is reproduced or 
the adaptation is made or reproduced by a teacher or student otherwise than by 
the use of an appliance adapted for the production of multiple copies or an 
appliance capable of producing a copy or copies by a process of reprographic 
reproduction; or 
(b) as part of the questions to be answered in an examination, or in an 
answer to such a question. 
(2) The making of a record of a sound broadcast, being a broadcast that was 
intended to be us'ed for educational purposes, does not constitute an infringement of 
copyright in a work or sound recording included in the broadcast if: 
(a) the record is made by, or on behalf of, the person or authority in charge 
of a place of education that is not conducted for profit; and 
(b) the record is not used except in the course of instruction at that place. 
(2A) The making of a record of a sound broadcast is not an infringement of 
copyright in the broadcast if the record is made by, or on behalf of, the body 
administering an educational institution and is not used except for the educational 
purposes of that institution or another educational institution. 
(3) For the purposes of sections 38 and 103, in detennining \vhether the making of 
an article constituted an infringement of copyright, subsections (1), (2) and (2A) 
shall be disregarded. 
(4) For the purposes of any provision of this Act relating to imported articles, in 
detennining whether the making of an article made outside Australia would, if the 
article had been made in Australia by the importer of the article, have constituted an 
infringement of copyright, subsections (1), (2) and (2A) shall be disregarded. 
200A .. A Use of broadcasts by institutions assisting intellectually handicapped 
persons 
The making of a record of a sound broadcast is not an infringement of copyright in 
the broadcast if the record is made by, or on behalf of, the body administering an 
institution assisting intellectually handicapped persons and is used only for the 
purpose of the provision of that assistance by that institution. 
201 Delivery of library material to the National Library IPINIIIAUS/CIl 
Page 135 
(1) The publisher of any library material that is published in Australia and in which 
copyright subsists under this Act shall, within one month after the publication, cause 
a copy of the material to be delivered at his or her own expense to the National 
Library. 
Penalty: S100. 
(2) The copy of any library material delivered to the National Library in accordance 
with this section shall be a copy of the whole material (including any illustrations), 
be finished and coloured, and bound, sewed, stitched or otherwise fastened together, 
in the same manner as the best copies of that material are published and be on the 
best paper on which that material is printed. 
(3) \Vhen any library material is delivered to the National Library in accordance 
with this section, the National Librarian shall cause a written receipt for the material 
to be given to the publisher of the material. -
(4) Th is section is not intended to exclude or lim it the operation of any law of a 
State or Territory (whether made before or after the commencement of this Act) that 
makes provision for or in relation to the delivery to a specified public or other 
library in or of the State or Territory of copies of library material published in the 
State or Territory. 
(5) In this section: 
illllstrations includes drawings, engravings and photographs. 
library material means a book, periodical, newspaper, pamphlet, sheet of letter­
press, sheet of music, map, plan, chart or table, being a literary, dramatic, musical or 
artistic work or an edition of such a work, but does not include a second or later 
edition of any material unless that edition contains additions or alterations in the 
letter-press or in the illustrations. 
202 Groundless threats of legal proceedings 
(1) \Vhere a person, by means of circulars, advertisements or otherwise, threatens a 
person with an action or proceeding in respect of an infringement of copyright, then, 
whether the person making the threats is or is not the owner of the copyright or an 
exclusive licensee, a person aggrieved may bring an action against the first­
mentioned person and may obtain a declaration to the effect that the threats are 
unjustifiable, and an injunction against the continuance of the threats, and may 
recover such damages (if any) as he or she has sustained, unless the first-mentioned 
person satisfies the court that the acts in respect of which the action or proceeding 
was threatened constituted, or, if done, would constitute, an infringement of 
copyright. 
(2) The mere notification of the existence ofa copyright does not constitute a threat 
of an action or proceeding within the meaning of this section. 
(3) Nothing in this section renders a barrister or solicitor of the High Court, or of the 
Supreme Court of a State or Territory, liable to an action under this section in 
respect of an act done by him or her in his or her professional capacity on behalf of 
a client. 
(4) The defendant in an action under this section may apply, by way of 
counterclaim, for relief to which he or she would be entitled in a separate action in 
respect of an infringement by the plaintiff of the copyright to which the threats 
relate and, in any such case, the provisions of this Act with respect to an action for 
infringement of a copyright are, mutatis mutandis, applicable in relation to the 
action. IP/NllIAUS/CIl 
Page 136 
(5) A reference in this section to an action in respect of an infringement of copyright 
shall be read as including a reference to an action in respect of the conversion or 
detention of an infringing copy or of a plate used or intended to be used for making 
infringing copies. 
203 Limitation on po\~·er of courts to grant relief in proceedings under this Act 
Nothing in this Act authorizes a State court or a court of a Territory to grant relief 
by way of injunction or account of profits if that court would not, apart from this 
Act, have power to grant such relief. 
203A Retention of declarations in relation to copies nfade by libraries, archives or 
institutions 
(1) \Vhere, at any time before the expiration of the prescribed retention period after 
the making of a copy of the whole or a part of a work or other subject-matter in 
reliance on section 49, 50, 51A or II OB by an authorized officer of a library or 
archives, a relevant declaration in relation to the making of the copy is not retained 
in the records of the library or archives: 
(a) the body administering the library or archives concerned; and 
(b) the officer in charge of the library or archives concerned; 
are each gUilty of an offence punishable, upon conviction, by a fine not exceeding 
S500. 
(4) A body or person is not liable to be convicted nvice of an offence against 
subsection (1) with respect to the retention of the same declaration. 
(5) It is a defence to a prosecution of the body administering, or of the officer in 
charge of, a library or archives for an offence against subsection (1) in relation to 
the retention of a declaration if the body or person prosecuted (in this subsection 
referred to as the defendant) satisfies the court that: 
(a) in the case of a prosecution of the officer in charge of a library or 
archives-the declaration relates to the making of a copy of the \vhole or a 
part of a work, a sound recording or a cinematograph film before the day on 
\vhich the defendant became the officer in charge of the library or archives 
and was not in the possession of the body administering the library or archives 
at that day; or 
(b) in any case-the defendant took all reasonable precautions, and 
exercised due diligence, to ensure the retention of the declaration in the 
records of the library or archives, as the case requires. 
203D Arrangement of declarations and records 
(1) \Vhere the declarations that relate to the making of copies of the whole or parts 
of works or other subject-matter by an authorized officer of a library or archives in 
reliance on any of the following sections, namely, sections 49, 50, 51A and 11 OB, 
and that are retained in the records of the body administering the library or archives 
are not arranged in chronological order according to the dates on which the 
declarations were made: 
(a) the body administering the library or archives, as the case may be; and 
(b) the officer in charge of the library or archives, as the case may be; 
are each gUilty of an offence punishable, upon conviction, by a fine not exceeding 
$500. 
(5) It is a defence to a prosecution of a body or person for an offence against 
subsection (1) if the body or person satisfies the court that the body or person took IP 1N111 AUS/ell 
Page 137 
all reasonable precautions, and exercised due diligence, to ensure that the 
declarations were arranged as mentioned in that subsection. 
203E Inspection of records and declarations retained by libraries, archives or 
institutions 
(1) The owner of the copyright in a work, sound recording or cinematograph film, or 
the agent of suchan owner: 
(a) may notify the officer in charge of a library or archives, in writing, that 
he or she wishes to inspect: 
(i) all the relevant declarations retained in the records of the library 
or archives that relate to the making, in reliance on section 49, 50, 51A or 
110B, of copies of works or parts of works or of copies of other subject­
matter; or 
(ii) such of those declarations as relate to the making, in reliance on 
section 49, 50, 51A or IIOB, of copies of works or parts of works or of 
copies of other subject-matter and \vere made during a period specified in 
the notice; 
on a day specified in the notice, being an ordinary working day of the library, 
archives or institution not less than 7 days after the date of the giving of the 
notice; and 
(b) may, if the notice related to the making of copies of works or parts of 
works or of copies of other subject-matter in reliance on section 51A or II OB, 
state in the notice that he or she also wishes to inspect, on the day so specified, 
the collection of the library or archives. 
(4) \Vhere a person gives notice, under subsection (1), to the officer in charge ofa 
library or archives that he or she \vishes to inspect certain declarations on a 
particular day, that person may, during the ordinary working hours of the library or 
archives, on that day, but not earlier than 10 a.m. or later than 3 p.m., inspect the 
declarations to which the notice relates and, where the notice relates also to the 
inspection of the collection of the libraI)' or archives, may also during those hours 
on that day inspect that collection, and, for that purpose, may enter the premises of 
the library or archives. 
(6) Where a person \vho attends at the premises of a library or archives for the 
purpose of exercising the powers conferred on him or her by subsection (4) is not 
provided \'lith all reasonable facilities and assistance for the effective exercise of 
those powers: 
(a) the body administering the library or archives, as the case may be; and 
(b) the officer in charge of the library or archives, as the case may be; 
are each guilty of an offence punishable, upon conviction, by a fine not exceeding 
$500. 
(8) The officer in charge of a library or archives shall not be convicted of an offence 
against subsection (6) if the officer adduces evidence that he or she believed, on 
reasonable grounds, that the person who attended the premises of the library or 
archives, as the case may be, as mentioned in that subsection, \vas provided with all 
reasonable facilities and assistance for the effective exercise of the powers 
conferred by subsection (4) and that evidence is not rebutted by the prosecution. 
(9) The body administering a library or archives shall not be convicted of an offence 
against subsection (6) if the body adduces evidence that it took all reasonable 
precautions, and exercised due diligence, to ensure that the person who attended the IP/N/I/AUS/C/I 
Page 138 
premises of the library or archives, as the case may be, as mentioned in that 
subsection, was provided with all reasonable facilities and assistance for the 
effective exercise of the powers conferred by subsection (4) and that evidence is not 
rebutted by the prosecution. 
(10) A person who, either directly or indirectly, except for the purpose of: 
(a) informing the owner of the copyright in a work or other subject-matter 
that a copy (including a microform copy) has been made of the work or other 
subject-matter; 
(b) enforcing a right that a person has under this Act in connection with a 
work or other subject-matter in which copyright subsists; or 
(c) ensuring compliance with a provision of Division 5 of Part III or with a 
provision of this Part; 
makes a record of, or divulges or communicates to a person, information in relation 
to which subsection (11) applies in relation to the first-mentioned person is guilty of 
an offence punishable, upon conviction, by a fine not exceeding $SOO. 
(11) This subsection applies in relation to information in relation to a person if, and 
only if: 
(a) the information was acquired by the person in the course of an 
inspection conducted by the person under subsection (4); or 
(b) the information was divulged or communicated to the person by another 
person and this subsection applies in relation to the infonnation in relation to 
the other person. 
203F Additional offences in relation to the making and retention of records and 
declarations 
(1) A person shall not, under section 49, 50, SlA or 110B, make a declaration that 
the person knows, or ought reasonably to know, is false or misleading in a material 
particular. 
Penalty: 
(a) in a case \vhere the person knows that the declaration is false or 
misleading in a material particular-SSOO; or 
(b) in any other case-$2S0. 
(2) A person shall not wilfully dispose of or destroy, or cause to be disposed of or 
destroyed, any relevant declaration in relation to the making of a copy of the whole 
or a part of a work or other subject-matter in reliance on section 49, 50, 5IA or 
II0B, being a declaration in respect of which the prescribed retention period has not 
expired, if the person knows, or ought reasonably to know, that the prescribed 
retention period in respect of the declaration has not expired. 
Penalty: 
(a) in a case where the person knows that the prescribed retention period in 
respect of the declaration has not expired-S500; or 
(b) in any other case-$250. 
203H Notation of certain copies etc. 
(I) In proceedings against a person or body for infringement of copyright in a work 
in connection with the making, by or on behalf of an institution, of a copy of the 
work, or of a part of the work, the person or body is not entitled to rely on section 
49, 50 or 51A as justification for the making of the copy unless, at or about the time 
the copy was made, there was made on the copy a notation stating that the copy was IPlNllIAUS/CIl 
Page 139 
made on behalf of that institution and specifying the date on which the copy was 
made. 
(2) In proceedings against a person or body for infringement of copyright in a sound 
recording or a cinematograph film in connection with the making, by or on behalf of 
an institution, of a copy of the sound recording or cinematograph film, the person or 
body is not entitled to rely on section 11 OB as justification for the making of the 
copy unless, at or about the time the copy was made, there was made on, or attached 
to, the copy a notation stating that the copy \vas made on behalf of that institution 
and specifying the date on which the copy was made. 
(4) A person who: 
(a) makes a copy of a work, or of a part of a work, a notation of the kind 
referred to in subsection (1); or 
(aa) makes on, or attaches to, a copy ofa sound recording or a cinematograph 
film a notation of the kind referred to in subsection (2); 
being a notation that contains a statement that the person knows, or ought 
reasonably to know, is false or misleading in a material particular, is guilty of an 
offence, punishable, upon conviction, by a fine not exceeding: 
(c) in a case where the person knows that the statement is false or 
misleading in a material particular-$500; or 
(d) in any other case-S250. 
(5) For the purposes of subsections (1) and (2): 
(a) where a copy of a work, a sound recording or a cinematograph film, or 
of a part of a work: 
(i) is made, or caused to be made, by an authorized officer of a 
library; or 
(ii) is made by or on behalf of the officer in charge of a library; 
being a library of an institution, the copy shall be deemed to have been made 
on behalf of the institution; 
(b) where a copy of a work, a sound recording or a cinematograph film, or 
of a part of a work: 
(i) is made, or caused to be made, by an authorized officer of a 
library; or 
(ii) is made by or on behalf of the officer in charge of a library; 
being a library that is not a library of an institution: 
(iii) the copy shall be deemed to have been made on behalf of the 
person or body administering the library; and 
(iv) those subsections apply as if a reference in those subsections to 
an institution included a reference to that person or body; 
(c) where a copy of a work, a sound recording or a cinematograph film, or 
of a part of a work: 
(i) is made, or caused to be made, by an authorized officer of 
archives; or 
(ii) is made by or on behalf of the officer in charge of archives; 
then: 
(iii) the copy shall be deemed to have been made on behalf of the 
person or body administering the archives; and 
(iv) those subsections apply as if a reference in those subsections to 
an institution included a reference to that person or body; IP/N/l/ AUS/ell 
Page 140 
(d) where a copy, or a record embodying a sound recording, of a work, or of 
a part of a work, is made by or on behalf of the body administering an 
institution, the copy or record, as the case may be, shall be deemed to have 
been made on behalf of the institution; and 
(e) where a copy ofa sound recording or a cinematograph film is made by 
or on behalf of the body administering an institution, the copy shall be deemed 
to have been made on behalf of the institution. 
(6) The production, in any proceedings: 
(a) for infringement of copyright in a work; or 
(c) for a contravention of a provision of this Act; 
of a copy of a work, or of a part of a \vork, bearing a notation or mark of the kind 
referred to in subsection (1), 135K(l), 135ZY(1), 135ZQ(4) or 13SZT(4) isprima 
facie evidence of the matters stated in the notation or mark. 
(7) For the purposes of subsection (6), where a copy of a work or a part of a work, 
bears a notation or mark of a kind referred to in subsection (1), 13SK(1), 13SZX(l), 
135ZQ(4) or 13SZT(4) the notation or mark shall, unless the contrary is proved, be 
deemed to have been made on the copy at or about the time the copy was made. 
(9A) The production, in any proceedings: 
(a) for infringement of copyright in a sound recording, a cinematograph 
film or an eligible item; or 
(c) for a contravention of this Act; 
of a copy of a sound recording or a cinematograph film bearing. or to which there is 
attached, a notation or mark of the kind referred to in subsection (2), 135K(1), 
135ZX(l), 135ZQ(4) or 135ZT(4), isprimafacie evidence of the matters stated in 
the notation or mark. 
(9B)For the purposes of subsection (9A), where a copy of a sound recording or a 
cinematograph film bears, or where there is attached to such a cop)" a notation or 
mark of the kind referred to in subsection (2), 135K(l), 135ZX(l), 135ZQ(4) or 
135ZT(4), the notation or mark shall, unless the contrary is proved, be deemed to 
have been made on or attached to the copy at or about the time the copy was made. 
(I 0) In this section, copy, in relation to a \vork, or a part of a work, includes a 
microform copy, a Braille version, a large-print version, or a photographic version, 
of the work, or of the part of the work. 
Part XI-Transitional 
Division I-Preliminary 
204 Interpretation 
(1) In this Part, the expressionplzotograplz has, in lieu of the meaning given to that 
expression by section 10, the meaning given by the next succeeding subsection. 
(2) For the purposes of any provision of this Part that provides that an expression is 
to have the meaning given to that expression by this section or that refers to an 
expression as defined by this section: 
collective work means: 
(a) an encyclopaedia, dictionary, year book or similar work; 
(b) a newspaper, review, magazine or similar periodical; or 
(c) a work \vritten in distinct parts by different authors, or in \vhich works or 
parts of works of different authors are incorporated. 
deliver, in relation to a lecture, includes deliver by means of a mechanical 
instrument. IPlNllIAUS/CIl 
Page 141 
dramatic work includes a piece for recitation, a choreographic work or 
entertainment in dumb show the scenic arrangement or acting form of which is fixed 
in writing or otherwise, and a cinematograph production where the arrangement, the 
acting fonn or the combination of incidents represented gives the work an original 
character. 
lecture includes an address, speech and sermon. 
literary work includes a map, chart, plan, table and compilation. 
peTjorm, in relation to a dramatic work as defined by this section or a musical work, 
means make an acoustic representation of the work or a visual representation of a 
dramatic action in the work, and includes make such a representation by means of a 
mechanical instrument. 
photograph includes photo-lithograph and a work produced by a process similar to 
photography. 
205 References to making of ',,"0 rks , recordings and films 
For the purposes of any reference in this Part to works, sound recordings or 
cinematograph films made before the commencement of this Act, a work, sound 
recording or cinematograph film the making of which extended over a period shall 
be deemed not to have been made before the commencement of this Act unless the 
making of it was completed before the commencement of this Act. 
206 References in other lan·s or instruments to copyright 
(1) \\'ithout prejudice to the operation of the succeeding sections of this Part: 
(a) a reference in any other law of the Commonwealth or in any contract, 
agreement or other instrument to a provision of the Copyright Act, 1911 shall 
be read as a reference, or as including a reference, to the corresponding 
provision of this Act; 
(b) a reference in any other law of the Commonwealth or in any contract, 
agreement or other instrument to copyright or to \vorks in which copyright 
subsists shall, if apart from this Act it would be read as a reference to 
copyright under the Copyright Act, 19 I 1 or to \vorks in which copyright 
subsisted under that Act, be read as a reference, or as including a reference, to 
copyright under this Act or to \vorks or any other subject-matter in which 
copyright subsists under this Act, as the case may be; and 
(c) a reference in any other law of the Commonwealth or in any contract, 
agreement or other instrument to the grant of an interest in copyright by 
licence shall be read, in relation to copyright under this Act, as a reference to 
the grant of a licence in respect of that copyright. 
(2) This section has effect unless the contrary intention appears in the other law of 
the Commonwealth or in the contract, agreement or other instrument, as the case 
may be. 
(3) In this section, law of the Commonwealth means: 
(a) an Act; 
(b) an instrument (including regulations or rules) having effect by virtue of 
an Act; 
(c) an Ordinance of a Territory and any other law in force in a Territory; 
(d) an instrument (including regulations or rules) having effect by virtue of 
such an Ordinance or law; and 
(e) an instrument having effect by virtue of any such regulations or rules as 
are mentioned in paragraph (b) or paragraph Cd). IP/N/I/AUS/CII 
Page 142 
207 Application 
Except in so far as this Part otherwise expressly provides, this Act applies in 
relation to things existing at the commencement of this Act in like manner as it 
applies in relation to things coming into existence after the commencement of this 
Act. 
208 Authorship of photographs 
A reference in this Act to the author of a photograph shall, in relation to a 
photograph taken before the commencement of this Act, be read as a reference to 
the person who, at the time when the photograph \vas taken, was the owner of the 
material on which the photograph was taken. 
209 Publication 
(1) For the purposes of the application of subsection 29(5) in determining whether a 
publication that took place before the commencement of this Act was the first 
publication, the reference in that subsection to a period of not more than 30 days 
shall be read as a reference to a period of not more than 14 days. 
(2) For the purposes of the application of subsection 29(7) in relation to an act done 
before the commencement of this Act: 
(a) a reference in that subsection to copyright includes a reference to 
copyright under the Copyright Act 1905 and to copyright under the Copyright 
Act, 1911; and 
(b) a reference in that subsection to the licence of the owner of copyright 
shall: 
(i) in relation to copyright under the Copyright Act 1905-be read 
as a reference to the privity of the owner; and 
(i i) in relation to copyright under the Copyright Act, 1911-be read 
as a reference to the consent or acquiescence of the owner. 
Division 2-0riginal Works 
210 Expired copyright not to revive 
(I) Notwithstanding an)1hing in Part III, copyright does not subsist by virtue of that 
Part in a work first published before the commencement of this Act unless copyright 
subsisted in the work under the Copyright Act, 1911 immediately before the 
commencement of this Act. 
(2) The last preceding subsection does not apply in relation to a work to which 
Division 5 applies. 
211 Original "'orks in ''''hich copyright subsists 
(1) Subsection 32(1) applies to works made before the commencement of this Act as 
if each reference in that subsection to a qualified person included a reference to a 
British subject and to a person domiciled in any part of the Queen's dominions to 
which the Copyright Act, 1911 extended. 
(2) Subsection 32(2) applies to works first published before the commencement of 
this Act as if paragraphs (d) and (e) of that subsection \vere omitted. 
(3) Subsection 32(2) applies to works that are first published after the 
commencement of this Act and the author of which died before the commencement 
of the Nationality and Citizenship Act 1948 as if the reference in paragraph 32(2)(e) 
to a qualified person included a reference to a person \vho would have been an 
Australian citizen if that Act had been in force immediately before his or her death. 
(4) Subsection 32(3) does not apply to or in relation to a building that was 
constructed before the commencement of this Act. (5) This section has effect subject to the last preceding section. 
212 Duration of copyright in photographs IPINIlIAUS/CI 1 
Page 143 
Subsection 33(6) does not apply in relation to a photograph taken before the 
commencement of this Act but, subject to subsection 32(2) as affected by the last 
preceding section, copyright subsisting in such a photograph by virtue of Part III 
continues to subsist until the expiration of 50 years after the expiration of the 
calendar year in which the photograph was taken. 
213 O\ynership of copyright 
(1) Subsections 35(4) and (6) do not apply in relation to ,vorks made before the 
commencement of this Act. 
(2) Subsection 35(5) does not apply in relation to a work that was or is made in 
pursuance of an agreement made before the commencement of this Act. 
(3) \Vhere a work is excluded from the application of subsection 35(4), (5) or (6) by 
reason of either of the last two preceding subsections, subsection 35(2) has effect in 
relation to the work subject to the succeeding subsections of this section. 
(4) The operation of any of the next three succeeding subsections in relation to a 
particular work may be excluded or modified by agreement. 
(5) \Vhere, in the case of a work being a photograph, portrait or engraving: 
(a) a person made, for valuable consideration, an agreement with another 
person for the taking of the photograph, the painting or drawing of the portrait 
or the making of the engraving by the other person; and 
(b) the work was made in pursuance of the agreement; 
the first-mentioned person is the owner of any copyright subsisting in the \'lork by 
virtue of Part III. 
(6) \Vhere the work was made by the author in pursuance of the terms of his or her 
employment by another person under a contract of service or apprenticeship, that 
other person is the O\Vner of any copyright subsisting in the work by virtue of Part 
III. 
(7) \Vhere the work is a literary, dramatic or artistic work that was made by the 
author in pursuance of the tenns of his or her employment by the proprietor of a 
nev't'spaper, magazine or similar periodical under a contract of service or 
apprenticeship and \Vas so made for the purpose of publication in a newspaper, 
magazine or similar periodical, the author is entitled to restrain the publication of 
the work otherwise than in a newspaper, magazine or similar periodical. 
(8) In the last three preceding subsections, expressions that are defined by section 
204 have the meanings respectively given to those expressions by that section and 
do not have the meanings, if any, respectively given to those expressions by Part II. 
214 Infringement by importation, sale and other dealings 
F or the purposes of sections 37 and 38, the fact that, to the knowledge of a person, 
the making of an article constituted, or, in the case of an imported article, would, if 
the article had been made in Australia by the importer of the article, have 
constituted, an infringement of copyright under the Copyright Act, 1911 has the like 
effect as if, to the knowledge of that person, the making of the article had 
constituted, or would, if the article had been made in Australia by the importer, have 
constituted, as the case may be, an infringement of cop)Tight under this Act. 
215 Recording of musical lvorks 
(I) \Vhere a record of a work has, before the commencement of this Act, been made 
by, or with the consent or acquiescence of, the owner of the copyright in the work IPINI 1 IAUS/CI 1 
Page 144 
under the Copyright Act, 1911, Division 6 of Part III has the like effect as if the 
record had been made in Australia for the purpose of retail sale and had been so 
made by, or with the licence of, the person who is entitled, by virtue of this Act, to 
authorize the making in Australia of records of the \vork. 
(2) Notwithstanding subsection 5(1) of this Act, subsections 19(2) to (7), inclusive, 
of the Copyright Act, 1911 as in force immediately before the commencement of 
this Act continue to apply in relation to records made before the commencement of 
this Act and, subject to those subsections, any regulations made for the purposes of 
those subsections and in force immediately before the commencement of this Act 
continue to apply in relation to those records. 
216 Publication of artistic ,yorks 
Section 68 does not apply in relation to a painting, drawing, engraving, photograph 
or cinematograph film made before.the date of commencement of this Act, but the 
copyright in an artistic work is not infringed by the publication of a painting, 
drawing, engraving, photograph or cinematograph film made before that date if, by 
virtue of section 65 or section 66, the making of the painting, dra\\t'ing, engraving, 
photograph or film would not have constituted an infringement of the copyright 
under this Act if this Act had been in operation at the time when it was made. 
217 Reconstruction of buildings 
The reference in subsection 73(2) to construction of a building by, or with the 
licence of, the owner of the copyright in architectural dra\vings or plans shall be 
read as including a reference to construction by, or with the licence of, the person 
who, at the time of the construction, \vas the owner of the copyright in the drawings 
or plans under the law relating to copyright that was in force at that time in the State 
or Territory in \vhich the building \vas constructed. 
218 Industrial designs 
(1) Division 8 of Part III does not apply to artistic works made before the 
commencement of this Act. 
(2) Copyright does not subsist by virtue of this Act in an artistic work made before 
the commencement of this Act which, at the time when the work was made, 
constituted a design capable of being registered under the Designs Act 1906, or 
under that Act as amended and in force at that time, and was used, or intended to be 
used, as a model or pattern to be multiplied by an industrial process. 
219 Reproduction of ,"'ork upon payment of royalties 
(1) The copyright in a literary, dramatic, musical or artistic work that has been 
published before the commencement of this Act is not infringed by the reproduction 
of the work for sale if: 
(a) the reproduction takes place at a time after the expiration of twenty-five 
years, or, in the case of a work in which copyright subsisted at the 
commencement of the Copyright Act, 1911, after the expiration of thirty 
years, after the date of the death of the author; and 
(b) the person reproducing the work establishes: 
(i) that, before the commencement of this Act, he or she gave the 
notice in writing of his or her intention to reproduce the work that was 
prescribed for the purposes of the proviso to section 3 of the Copyright 
Act, 1911; and 
(ii) that he or she has paid, in the manner that was prescribed for the 
purposes of that proviso, or is prescribed for the purposes of this section, IPINIlIAUS/CIl 
Page 145 
as the case may be, to, or for the benefit of, the o\vner of the copyright 
royalties in respect of all copies of the work sold by him or her calculated 
at the rate of ten per centum of the price at which he or she published the 
reproduction. 
(2) The regulations may make provision for or in relation to the manner in which, 
and the times at which, payment of royalties is to be made for the purposes of 
subparagraph (ii) of paragraph (b) of the last preceding subsection and may include 
provision requiring payment in advance, or otherwise securing the payment of the 
royalties. 
(3) Regulations 38 to 42, inclusive, of the Copyright Regulations as in force under 
the Copyright Act 1912-1966 immediately before the commencement of this Act 
continue in force for the purposes of this section as if they had been made under this 
Act, but may be amended or repealed by regulations made under this Act. 
(4) A reference in paragraph (l)(a) to a time after the expiration of a specified 
number of years from the date of the death of the author of a work shall, in the case 
of a work of joint authorship, be read as a reference to a time after: 
(a) the expiration of the same number of years from the date of the death of 
the author who died first; or 
(b) the date of the death of the author \vho died last; 
whichever is the later. 
(5) \Vhere a literary, dramatic or musical work, or an engraving, in which copyright 
subsisted at the date of the death of the author or, in the case ofa work of joint 
authorship, at or immediately before the date of the death of the author \vho died 
last: 
(a) had not been published; 
(b) in the case of a dramatic or musical work-had not been perfonned in 
public; and 
(c) in the case of a lecture-had not been delivered in public; 
before that date, subsection (1) applies as if the author had died on the date on 
which: 
(d) in the case of a literary work (other than a lecture) or an engraving-the 
\\fork was first published; 
(e) in the case ofa dramatic or musical work-the work was first published 
or first perfonned in public, whichever first happened; or 
(f) in the case of a lecture-the lecture was first published or first delivered 
in public, whichever first happened. 
(6) In this section, expressions that are defined by section 204 have the meanings 
respectively given to those expressions by that section and do not have the 
meanings, if any, respectively given to those expressions by Part II. 
Division 3-Subject-Matter other than Works 
220 Sound recordings 
(1) Subsection 89(1) applies in relation to sound recordings made before the 
commencement of this Act as if the reference in that subsection to a qualified 
person included a reference to a British subject and to a person domiciled in any 
part of the Queen's dominions to which the Copyright Act, 1911 extended. 
(2) Subsection 89(2) does not apply in relation to a sound recording made before the 
commencement of this Act. IPlNllIAUS/CIl 
Page 146 
(3) Section 93 does not apply in relation to a sound recording made before the 
commencement of this Act but copyright subsisting in such a recording by virtue of 
subsection (1) or subsection (3) of section 89 continues to subsist until the 
expiration of 50 years after the expiration of the calendar year in which the 
recording was made. 
221 Cinematograph films 
Copyright does not subsist by virtue of section 90 in a cinematograph film made 
before the commencement of this Act. 
222 Application of Act to dramatic \vorks and photographs comprised in 
cinematograph films 
(I) \Vhere a cinematograph film made before the commencement of this Act was an 
original dramatic work as defined by section 204, this Act (other than this 
subsection) has effect in relation to the film as if the film had been an original 
dramatic work as defined by section 10 and the person who \\'as the author of the 
work for the purposes of the Copyright Act, 1911 shall be deemed to be the author 
of the work for the purposes of this Act as having effect by virtue of this subsection. 
(2) This Act has effect in relation to photographs fonning part of a cinematograph 
film made before the commencement of this Act in like manner as it has effect in 
relation to photographs not forming part of a cinematograph film. 
223 Teleyision broadcasts and sound broadcasts 
Copyright does not subsist by virtue of section 91 in: 
(a) a television broadcast or a sound broadcast made before the 
commencement of this Act; or 
(b) a television broadcast or a sound broadcast made after the 
commencement of this Act that is a repetition of a television broadcast or a 
sound broadcast made before the commencement of this Act. 
224 Published editions of ' works 
Copyright does not subsist by virtue of section 92 in a published edition of a work 
or works where the first publication of the edition took place before the 
commencement of this Act. 
225 Infringement by importation, sale and other dealings 
For the purposes of sections 102 and 103, the fact that, to the knowledge of a 
person, the making of an article constituted, or, in the case of an imported article, 
would, if the article had been made in Australia by the importer of the article, have 
constituted, an infringement of copyright under the Copyright Act, 1911 has the like 
effect as if, to the knowledge of that person, the making of the article had 
constituted, or would, if the article had been made in Australia by the importer, have 
constituted, as the case may be, an infringement of cop)Tight under this Act. 
Division 4--Miscellaneous 
226 Actions for infringement 
Section 115 does not apply to an infringement of copyright under the Copyright Act, 
1911 and does not affect any proceedings under that Act, whether instituted before 
or after the commencement of this Act. 
227 Infringing copies 
Section 116 of this Act does not apply in relation to an article made, or imported 
into Australia, before the commencement of this Act, but, nonvithstanding 
subsection 5(1) of this Act, proceedings may, subject to the Copyright Act, 1911, be 
brought or continued by virtue of section 7 of that Act in relation to such an article IP/N/VAUS/C/l 
Page 147 
and may be so brought or continued although the proceedings relate to the 
conversion or detention of the article after the commencement of this Act. 
228 Actions lvhere copyright subject to exclusive licence 
Division 3 of Part V does not apply in relation to a licence granted before the 
commencement of this Act and does not affect any proceedings under the Copyright 
Act, 1911, whether instituted before or after the commencement of this Act. 
229 Offences and summary proceedings 
For the purposes of Division 5 of Part V, the definition of infringing copy in section 
10 applies as if any reference in that definition to copyright included a reference to 
copyright under the Copyright Act, 1911. 
230 Limitation of actions 
Section 134 of this Act does not apply in relation to an infringement of copyright 
under the Copyright Act, 1911 or to an article made, or imported into Australia, 
before the commencement of this Act. 
231 Restriction of importation of printed copies of·works 
\Vhere: 
(a) before the date of commencement of this Act, a notice had been given in 
respect of a work under section 10 of the Copyright Act 1912 or of that Act as 
amended; and 
(b) that notice had not been withdrawn, and had not otherwise ceased to 
have effect, before that date; 
the notice has, during the period of six months commencing on that date, such effect 
(if any) as it would have if it had been duly given in accordance with section 135 of 
this Act. 
232 References and applications to Tribunal in relation to licence schemes 
(l) Part VI applies in relation to licence schemes formulated before the date of 
commencement of this Act in like manner as it applies in relation to licence 
schemes formulated on or after that date, but, for the purposes of the application of 
that Part in relation to licence schemes formulated before that date, any reference in 
that Part to copyright includes a reference to copyright under the Copyright Act, 
1911. 
(2) Any reference in section 157 to a refusal or failure to grant or procure the grant 
of a licence, or to a proposal that a licence should be granted, does not include a 
reference to a refusal or failure that occurred, or a proposal that was made, before 
the commencement of this Act. 
233 Duration of Crolvn copyright in photographs 
Subsection 180(2) applies in relation to photographs taken before the 
commencement of this Act as if subsection 180(3) were omitted. 
234 Duration of CrolvD copyright in recordings 
Section 181 applies in relation to sound recordings made before the commencement 
of this Act as if the reference in that section to the expiration of the calendar year in 
which the recording is first published were a reference to the expiration of the 
calendar year in which the recording was made. 
235 Crown copyright in films 
(I) Sections 178 and 181 do not apply in relation to cinematograph films made 
before the commencement of this Act. 
(2) \Vhere sections 178 and 181 do not apply in relation to a cinematograph film by 
reason of the last preceding subsection: IPINII/AUS/C/l 
Page 148 
(a) if the film was an original dramatic work as defined by section 204-
sections 176 and 177, and subsection 180(1), apply in relation to that work in 
accordance with subsection 222(1}; and 
(b) sections 176 and 177, and subsection 180(2) as modified by section 233, 
apply in relation to photographs fonning part of the film in like manner as 
they apply in relation to photographs not fonning part of a cinematograph 
film. 
236 \Vorks made or published by international organizations 
(1) Subsection 187(1) does not apply in relation to works made before the 
commencement of this Act. 
(2) Subsection 187(2) does not apply in relation to works first published before the 
commencement of this Act. 
237 Subject-matter, other than original \vorks, made or published by international 
organizations 
(1) Subsection 188(1) does not apply in relation to sound recordings or 
cinematograph films made before the commencement of this Act. 
(2) Subsection 188(2) does not apply in relation to sound recordings or 
cinematograph films first published before the commencement of this Act. 
(3) Subsection 188(3) does not apply in relation to an edition published before the 
commencement of this Act. 
238 False attribution of authorship of 'work 
(1) It is a breach of the duty imposed on a person by section 190 if the person does, 
on or after the date of commencement of this Act, any of the acts mentioned in 
paragraphs 190( 1 )(b) and (c) no!\vithstanding that the name concerned \vas inserted 
or affixed before that date. 
(2) Subject to the last preceding subsection, Part IX does not apply in relation to acts 
done before the commencement of this Act. 
(3) In this section, name includes initials or a monogram. 
239 Assignments and licences 
(1) Subject to this section, where copyright subsists in a work by virtue of this Act, 
any document that was made, or event that occurred, before the commencement of 
this Act, being a document or event that had any operation affecting the o\\nership 
of, or creating, transferring or terminating an interest, right or licence in respect of, 
copyright in the work under the Copyright Act, 1911 or would have had such an 
operation if that Act had continued in force, has the like operation in relation to the 
copyright in the work under this Act. 
(2) If the operation of a document to which the last preceding subsection applies 
was or would have been limited to a period specified in the document, the document 
does not have any operation in relation to the copyright under this Act, except in so 
far as that period extends after the commencement of this Act. 
(3) For the purposes of the operation ofa document in accordance with this section: 
(a) expressions used in the document have the same respective meanings as 
they had immediately before the commencement of this Act, whether or not 
those expressions have different meanings for the purposes of this Act; and 
(b) subsection 197(1) does not apply. 
(4) \Vithout prejudice to the generality of subsection (1), where the author of a work 
that was made before the commencement of this Act was the first owner of the 
copyright in the work: IP/NIIIAUS/CIl 
Page 149 
(a) any assignment of the copyright, or any grant of an interest in the 
copyright, made by the author (otherwise than by will) after the 
commencement of the Copyright Act, 1911 and before the commencement of 
this Act, being an assignment or grant that has effect in relation to copyright in 
the work under this Act by virtue of subsection (1), does not operate to vest in 
the assignee or grantee any rights with respect to the copyright in the work 
after the expiration of25 years after the date of the death of the author; 
(b) on the death of the author, the reversionary interest in the copyright 
expectant on the termination of that period devolves, notwithstanding any 
agreement to the contrary, on his or her legal personal representative as part of 
his or her estate; and 
(c) any agreement entered into by the author as to the disposition of that 
reversionary interest is of no force or effect; 
but nothing in this subsection shall be taken to apply to the assignment of the 
copyright in a collective work or a licence to publish a work or a part of a work as 
part of a collective work. 
(5) In the last preceding subsection, expressions that are defined by section 204 have 
the meanings respectively given to those expressions by that section and do not have 
the meanings, if any, respectively given to those expressions by Part II. 
(6) The preceding subsections of this section apply in relation to copyright under 
this Act in a sound recording or in a cinematograph film in like manner as they 
apply in relation to copyright in a work but a reference in those subsections to the 
copyright under the Copyright Act, 1911 shall: 
240 Bequests (a) in the application of those subsections in relation to a sound recording-
be read as a reference to the copyright under that Act in records embodying 
the recording; and 
(b) in the application of those subsections in relation to a cinematograph 
film-be read as a reference to any copyright under that Act in the film (in so 
far as it constituted a dramatic work for the purposes of that Act) or in 
photographs fonning part of the film. 
(1) Section 198 does not apply in relation to a bequest contained in the will of a 
testator who died before the commencement of this Act. 
(2) \Vhere: 
(a) an author has died before the commencement of this Act; 
(b) a person has acquired, under the \vill of the author, the ownership of a 
manuscript of a work by the author; and 
(c) the work: 
(i) has not been published; 
(ii) in the case of a dramatic or musical \vork-has not been 
perfonned in public; and 
(iii) in the case of a lecture-has not been delivered in public; 
the ownership by that person of the manuscript is evidence that that person is the 
owner of the cop)Tight in the work. 
(3) In the last preceding subsection, expressions that are defined by section 204 have 
the meanings respectively given to those expressions by that section and do not have 
the meanings, if any, respectively given to those expressions by Part II. 
241 Delivery of library material to National Library IP/N/lIAUS/C/l 
Page 150 
Section 201 does not apply in relation to library material published before the 
commencement of this Act. 
242 Groundless threats of legal proceedings 
Section 202 of this Act does not apply in relation to threats made after the 
commencement of this Act in respect of acts that took place before the 
commencement of this Act and, notwithstanding section 6 of this Act, section 41 A 
of the Copyright Act 1912-1966 continues to apply in relation to any such threats in 
like manner as it continues to apply in relation to threats made before the 
commencement of this Act. : 
Division 5-Works Made before 1 July, 1912 
243 Interpretation 
In this Division, right conferred by tlte Copyright Act, 1911, in relation to a work, 
means a right that, by virtue of section 24 of the Copyright Act, 1911, was conferred 
in place of a right that subsisted immediately before the commencement of that Act. 
244 Application 
This Division applies to works made before 1 July 1912. 
245 Rights conferred by Copyright Act, 1911 
Notwithstanding anything in Division 2, section 32 of this Act does not apply to a 
work to which this Division applies unless a right conferred by the Cop)Tight Act, 
1911 subsisted in the work immediately before the commencement of this Act. 
246 Performing rights 
(1) \Vhere the right conferred by the Copyright Act, 1911 in relation to a dramatic or 
musical work to which this Division applies did not include the sole right to perform 
the work in public, then, copyright, in so far as it subsists in the work by virtue of 
this Act, does not include the performing rights in relation to the work. 
(2) \Vhere the right conferred by the Copyright Act, 1911 in relation to a dramatic or 
musical work to which this Division applies consisted only of the sole right to 
perform the work in public, then, copyright, in so far as it subsists in the work by 
virtue of this Act, consists only of the performing rights in relation to the work. 
(3) For the purposes of this section, the performing rights, in relation to a work, are: 
(a) the exclusive right to perform the work, or an adaptation of the work, in 
public; 
(b) the exclusive right to broadcast the work or an adaptation of the work; 
and 
(c) the exclusive right to cause the work, or an adaptation of the work, to be 
transmitted to subscribers to a diffusion service. 
247 Contributions to periodicals 
\Vhere: 
(a) a work to \vhich this Division applies (in this section referred to as the 
relevant work) consists of an essay, article or item fonning part of, and first 
published in, a review, magazine or other periodical or work of a like nature; 
and 
(b) immediately before the commencement of this Act, a right of publishing 
the relevant work in a separate fonn subsisted by virtue of the note to the First 
Schedule to the Copyright Act, 1911; 
copyright subsisting in the relevant work by virtue of this Act is subject to that right 
of publishing the relevant work in a separate form. 
248 Assignments and licences IPlNllIAUS/C/1 
Page 151 
(1) \Vithout prejudice to the generality of subsection 239(1) of this Act, where: 
(a) the author of a work to which this Division applies had, before the 
commencement of the Copyright Act, 1911, made an assignment or grant of a 
kind referred to in paragraph (a) of the proviso to subsection 24(1) of that Act 
(in this section referred to as the proviso); and 
(b) copyright subsists in the work by virtue of this Act; 
the succeeding subsections of this section have effect. 
(2) If, before the commencement of this Act, an event occurred or a notice was 
given, being an event or notice that, in accordance with paragraph (a) of the proviso, 
had any operation affecting the ownership of the right conferred by the Copyright 
Act, 1911 in relation to the work or creating, transferring or terminating an interest, 
right or licence in respect of that right, that event or notice has the like operation in 
relation to the copyright in the work under this Act. 
(3) Any right that, at a time after the commencement of this Act, would, by virtue of 
paragraph (a) of the proviso, have been exercisable in relation to the work or in 
relation to the right conferred by the Copyright Act, 1911, if this Act had not been 
enacted, is exercisable in relation to the work or in relation to the copyright 
subsisting in the work under this Act, as the case may be. 
(4) If, in accordance with paragraph (a) of the proviso, the right conferred by the 
Copyright Act, 1911 would have reverted to the author or his or her personal 
representatives on the date referred to in that paragraph, and that date occurs after 
the commencement of this Act, then on that date: 
(a) the copyright in the work under this Act reverts to the author or his or 
her personal representatives, as the case may be; and 
(b) any interest of any other person in that copyright that subsists on that 
date by virtue of any document made before the commencement of the 
Copyright Act, 1911 ceases. 
Part XIA-Performers' Protection 
Division I-Preliminary 
248A Interpretation 
(1) In this Part: 
action means a proceeding of a civil nature benveen parties and includes a 
counterclaim. 
authorised, in relation to a recording of a performance, means made \vith the 
authority of the performer. 
cinematograph film includes an article in which visual images are embodied and 
\vhich is capable of being used to show those images as a moving picture, and a 
sound-track associated with those images. 
direct, in relation to a sound recording or cinematograph film of a performance, 
means made directly from the live performance. 
exempt recording means: 
(a) an indirect sound recording or an indirect cinematograph film of a 
performance, being a sound recording or film made solely for the purpose of 
the private and domestic use of the person who made it; 
(b) an indirect sound recording or an indirect cinematograph film of a 
performance, being a sound recording or film made solely for the purpose of 
use in scientific research; IPIN/ll AUS/C/I 
Page 152 
( c) an indirect sound recording or an indirect cinematograph film of a 
performance, being a sound recording or film made by, or on behalf of, the 
body administering an educational institution solely for the educational 
purposes of that institution or of another educational institution; 
(d) an indirect sound recording or an indirect cinematograph film of a 
performance, being a sound recording or film made by, or on behalf of, the 
body administering an institution assisting handicapped readers solely for the 
purpose of the provision, whether by the institution or otherwise, of assistance 
to handicapped readers; 
(e) an indirect sound recording or an indirect cinematograph film ofa 
performance, being a sound recording or film made by, or on behalf of, the 
body administering an institution assisting intellectually handicapped persons 
solely for the purpose of the provision, whether by the institution or otherwise, 
of assistance to intellectually handicapped persons; 
(f) a direct or indirect sound recording or cinematograph film of a 
performance made: 
(i) for the purpose 6f, or associated with, the reporting of news or 
current affairs; or 
(ii) for the purpose of criticism or review; 
(g) a direct or indirect sound recording or cinematograph film of a 
performance made solely for the purpose of a judicial proceeding or the giving 
of professional advice by a legal practitioner; 
(h) a direct sound recording or cinematograph film of a performance made 
by a broadcaster who has the authority of the performer to broadcast the 
performance, being a recording or film made solely for the purpose of making 
that broadcast; 
0) a direct or indirect sound recording or cinematograph film of a 
performance made by a person who reasonably believes, due to a fraudulent or 
innocent misrepresentation made to the person, that the performer has 
authorised the making of the recording or film by the person; 
(k) a copy of a sound recording or cinematograph film referred to in 
paragraph (a), (b), (c), (d), (e), (f) or (g), being a copy made solely for a 
purpose referred to in any of those paragraphs; 
(m) a copy of a sound recording or cinematograph film referred to in 
paragraph (h), being a copy made solely for the purpose referred to in that 
paragraph; 
(n) a copy of a sound recording or cinematograph film referred to in 
paragraph U), being a copy made: 
(i) by a person who believes, due to a fraudulent or innocent 
representation made to the person, that the performer has authorised the 
making of the copy; or 
(ii) solely for a purpose referred to in paragraph (a), (b), (c), (d), (e), 
(f) or (g); or 
(p) a copy of an authorised recording of a performance, other than a copy of 
an authorised sound recording where the copy was made for use in a sound­
track but the making of the sound recording was not authorised for the purpose 
of use in a sound-track. IP/N/IIAUS/CIl 
Page 153 
indirect, in relation to a sound recording or cinematograph film of a performance, 
means made from a broadcast, or are-broadcast, of the performance or from a 
transmission of the performance to subscribers to a diffusion service. 
peJformance means: 
(a) a performance (including an improvisation) of a dramatic work, or part 
of such a work, including such a performance given with the use of puppets; 
(b) a performance (including an improvisation) of a musical work or part of 
such a work; 
(c) the reading, recitation or delivery of a . literary work, or part of such a 
work, or the recitation or delivery of an improvised literary work; 
(d) a performance of a dance; or 
( e) a performance of a circus act or a variety act or any similar presentation 
or show; 
being a live performance given in Australia or by one or more qualified persons, 
whether in the presence of an audience or otherwise. 
protection period, in relation to a performance, has the meaning given by section 
248CA. 
qualified person means an Australian citizen, an Australian protected person or a 
person resident in Australia. 
recording means a sound recording or cinematograph film, other than an exempt 
recording. 
sound recording includes an article in which sounds are embodied. 
unauthorised, in relation to a recording of a performance, means made without the 
authority of the performer. 
unauthorised use has the meaning given by section 248G. 
(2) The foIlo\ving shall be taken not to be performances for the purposes of this 
Part: 
(a) a performance referred to in subsection 28(1); 
(b) a reading, recital or delivery of any item of news and infonnation; 
(c) a performance of a sporting activity; or 
(d) a participation in a performance as a member of an audience. 
(3) In this Part: 
(a) a reference to the doing of an act in relation to a performance includes a 
reference to the doing of that act in relation to a substantial part of the 
performance; 
(b) a reference to the doing of an act in relation to a performance, or a 
recording of a performance, \vith the authority of the perfonner is, in the case 
of2 or more performers, a reference to the doing of the act where each of the 
performers has authorised the doing of the act; 
(c) a reference to the doing of an act in relation to a performance, or a 
recording of a performance, \vithout the authority of the performer is, in the 
case of 2 or more performers, a reference to the doing of the act where at least 
one of the performers has not authorised the doing of the act; and 
(d) a reference to a sound-track is a reference to a sound-track associated 
with visual images forming part of a cinematograph film. 
248B Educational purposes 
Without limiting the meaning of the expression educational purposes in paragraph 
(c) of the definition of e.xempt recording in subsection 248A(l), a sound recording IPINIlIAUS/CIl 
Page 154 
or cinematograph film of a performance shall be taken to have been made for the 
educational purposes of an educational institution if it is made: 
Ca) for use in connection with a particular course of instruction provided by 
the institution; or 
(b) for inclusion in the collection of a library of the institution. 
248C Exempt recordings cease to be exempt recordings in certain circumstances 
(1) If any copies ofa sound recording or a cinematograph film ofa performance, 
being a sound recording or film that is an exempt recording under paragraph (h) of 
the definition of exempt recording in subsection 248A( 1), are not destroyed before 
the end of the period of 12 months beginning on the day on which any of those 
copies is first used for broadcasting the perfonnance, the sound recording or film 
shall, at the end of that period, cease to be an exempt recording. 
(2) A sound recording or cinematograph film, or a copy of such a recording or film, 
that is an exempt recording because it \vas made for a purpose referred to in 
paragraph (a), (b), (c), Cd), (e) or (f) of the definition of exempt recording in 
subsection 248A( 1) ceases to be an exempt recording if it is used for any other 
purpose without the authority of the performer. 
248CA Protection period 
(l) Subject to subsections (2) and (3), the protection period of a performance is the 
period beginning on the day when the performance was given and ending at the end 
of the period of20 calendar years after the calendar year in which the performance 
was given. 
(2) For the purposes of section 248QA, the protection period of a performance is the 
period beginning on the day when the perfonnance was given and ending at the end 
of the period of 50 calendar years after the calendar year in which the performance 
was given. 
(3) For the purposes of the operation, in relation to a sound recording ofa 
performance, of a provision of this Part listed in subsection (4)~ the protection 
period of a performance is the period beginning on the day when the perfonnance 
was given and ending at the end of the period of 50 calendar years after the calendar 
year in which the perfonnance \vas given. 
(4) Subsection (3) applies to the following provisions of this Part: 
(a) paragraphs 248G(I)(a), (2)(a), (2)(b) and (2)(d) to (g); 
(b) subsection 248P(I); 
(c) subsection 248P(2); 
(d) subsection 248P( 6); 
(e) subsection 248Q( 1); 
(f) subsection 248Q(2); 
(g) subsection 248Q( 4); 
(h) subsection 248Q( 6). 
248D Private and domestic use 
For the purposes of this Part, a sound recording or cinematograph film shall be 
taken not to have been made for the private and domestic use of the person who 
made it if it is made for the purpose of: 
(a) selling it, letting it for hire, or by way of trade offering or exposing it for 
sale or hire; 
(b) distributing it, whether for the purpose of trade or otherwise; 
(c) by way of trade exhibiting it in public; (d) broadcasting the film or recording; or IPIN/lIAUS/C/1 
Page 155 
(e) causing the film or recording to be seen or heard in public. 
248E References to transmission to subscribers to a diffusion sen'ice 
(I) A reference in this Part to the transmission of a perfonnance to subscribers to a 
diffusion service is a reference to the transmission of the performance in the course 
of a service of distributing broadcast or other matter (whether provided by the 
person operating the service or by other persons) over wires, or over other paths 
provided by a material substance, to the premises of subscribers to the service. 
(2) For the purposes of this Part, where a perfonnance is so transmitted: 
(a) the person operating the service shall be taken to be the person causing 
the perfonnance to be so transmitted; and 
(b) no person other than the person operating the service shall be taken to be 
causing the performance to be so transmitted, whether or not he or she 
provides any facilities for the transmission. 
(3) In applying this section, a service of distributing broadcast or other matter shall 
be disregarded where the service is only incidental to a business of keeping or 
letting premises at which persons reside or sleep, and is operated as part of the 
amenities provided exclusively for residents or inmates of the premises or for those 
residents or inmates and their guests. 
(4) A reference in this section to the person operating a service of distributing 
broadcast or other matter is a reference to the person who, in the agreements with 
subscribers to the service, undertakes to provide them with the service, whether he 
or she is the person who transmits the broadcast or other matter or not. 
(5) \Vhere a service of distributing matter over wires or over other paths provided by 
a material substance is only incidental to, or part of, a service of transmitting 
telegraphic or telephonic communications, a subscriber to the last-mentioned 
service shall be taken, for the purposes of this section, to be a subscriber to the first­
mentioned service. 
248F Application 
(1) Except for section 248QA, this Part applies to an act done on or after the 
commencement of this Part in relation to a perfonnance given on or after that 
commencement. 
(2) Nothing in this Part affects any copyright subsisting in a work that is performed 
or in any sound recording, cinematograph film or broadcast of a performance, or 
any other right or obligation arising otherwise than under this Part. 
(3) In the application of this Part to a counterclaim, the reference in section 248J to 
the defendant shall be read as a reference to the plaintiff. 
Division 2-Actions by performers 
248G \Vhat constitutes unauthorised use 
(1) A person makes an unauthorised use of a perfonnance if the person, at any time 
during the protection period of the performance and \vithout the authority of the 
perfonner: 
(a) makes a direct or indirect recording of the performance; 
(b) broadcasts or re-broadcasts the performance, either directly from the live 
performance or from an unauthorised recording of it; or 
(c) causes the live performance, or an unauthorised recording of it, to be 
transmitted to subscribers to a diffusion service. IPINIlI AUS/e/1 
Page 156 
(2) A person makes an unauthorised use of a performance if the person, at any time 
during the protection period of the performance and without the authority of the 
performer: 
(a) makes a copy of a recording of the performance that the person knows, 
or ought reasonably to know, is an unauthorised recording; 
(b) makes a copy of an exempt recording of the performance, being a copy 
that the person knows, or ought reasonably to know, is not itself an exempt 
recording; 
(c) makes, for use in a sound-track, a copy of an authorised sound recording 
of the performance and the person knows, or ought reasonably to know, that . 
the making of the sound recording was not authorised for the purpose of use in 
that or any other sound-track; 
(d) has in his or her possession a recording of the performance, for the 
purpose of: 
(i) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for any other purpose 
that will affect prejudicially the financial interests of the performer or 
performers in the performance; 
being a recording that the person knows, or ought reasonably to know, is an 
unauthorised recording; 
(e) sells, lets on hire, or by way of trade exhibits in public or offers or 
exposes for sale or hire, a recording of the performance that the person kno\vs, 
or ought reasonably to know, is an unauthorised recording; 
(f) distributes a recording of the performance for the purpose of trade, or for 
any other purpose to an extent that will affect prejudicially the financial 
interests of the performer or performers in the performance, being a recording 
that the person knows, or ought reasonably to know, is an unauthorised 
recording; 
(g) imports a recording of the performance into Australia for the purpose of: 
(i) selling it, letting it for hire, or by way of trade exhibiting it in 
public or offering or exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the financial interests of the 
performer or performers in the performance; 
being a recording that the person knows, or ought reasonably to knO\V, is an 
unauthorised recording; or 
(h) causes a recording of the performance to be heard or seen in public, 
being a recording that the person knows, or ought reasonably to knO\V, is an 
unauthorised recording. 
(3) A person who broadcasts or re-broadcasts an authorised recording ofa 
performance, or causes an authorised recording of a performance to be transmitted 
to subscribers to a diffusion service, without the authority of the performer does not, 
by so doing, make an unauthorised use of the performance. 
(4) This section applies only to acts done in Australia. 
248H Copying sound recordings for broadcasting 
(1) Despite paragraph 248G(2)(c), where the making ofa copy ofa sound recording 
of a performance for use in a sound-track would, but for this subsection, be an 
unauthorised use of the performance under that paragraph, the making by a person IPIN/IIAUS/C/l 
Page 157 
of such a copy solely for the purpose of use in a broadcast by that person is not an 
unauthorised use of the performance. 
(2) Subsection (1) does not apply to a copy if it is used for a purpose other than: 
(a) a broadcast by the person who made the copy; or 
(b) the making of further copies by that person for the purpose of 
broadcasting by that person. 
(3) Subsection (1) does not apply to a copy unless all the copies made in accordance 
with that subsection are: 
(a) destroyed; or 
(b) delivered, with the consent of the Director-General of the Australian 
Archives, to the Australian Archives; 
before the end of the period of 12 months beginning on the day on which any of 
those copies is first used for the purpose of a broadcast in accordance with that 
subsection, or before the end of such further period (if any) as is agreed between the 
maker of the copy and the performer, or all of the performers. 
(4) The Director-General of the Australian Archives shall not consent to the delivery 
of a copy of a sound recording to the Australian Archives unless the Director­
General has certified that the sound recording is of an exceptional documentary 
character. 
24SJ Actions for unauthorised use 
(1) A performer may bring an action for an unauthorised use of his or her 
performance. 
(2) The relief that a court may grant in an action for an unauthorised use ofa 
performance includes an injunction (subject to such terms, if any, as the court thinks 
fit) and damages. 
(3) \Vhere, in an action for an unauthorised use of a performance: 
(a) the unauthorised use is established; and 
(b) the court is satisfied that it is proper to do so, having regard to: 
(i) the flagrancy of the use; 
(ii) any benefit shown to have accrued to the defendant by reason of 
the use; and 
(iii) all other relevant matters; 
the court may, in assessing damages, award such additional damages as it considers 
appropriate in the circumstances. 
248K Exercise of jurisdiction 
The jurisdiction of the Supreme Court of a State or TerritoI), in an action under 
section 248J shall be exercised by a single Judge of the Court. 
248L Appeals 
(I) Subject to subsection (2), a decision of a court of a State or Territory (however 
constituted) in an action under section 248J is final and conclusive. 
(2) An appeal lies from a decision of a court of a State or Territory in an action 
under section 248J: 
(a) to the Federal Court of Australia; or 
(b) by special leave of the High Court, to the High Court. 
2482\1 Jurisdiction of Federal Court 
Jurisdiction is conferred on the Federal Court of Australia with respect to actions 
under section 248J. 
248N Right to bring an action not assignable IPlNllIAUS/CIl 
Page 158 
The right of a performer to bring an action under section 248J is not assignable. 
Division 3-0ffences 
248P Offences involving unauthorised recording, broadcasting etc. of performances 
(1) A person shall not, at any time during the protection period of a performance, 
make a direct recording of the performance without the authority of the performer. 
(2) A person shall not, at any time during the protection period of a performance, 
make an indirect recording of the performance without the authority of the 
performer. 
(3) A person shall not, at any time during the prot~ction period of a performance, 
broadcast or re-broadcast the performance, either directly from the live petfonnance 
or from an unauthorised recording of it, \vithout the authority of the performer. 
(4) A person shall not, at any time during the protection period of a performance, 
cause the live performance, or an unauthorised recording of it, to be transmitted to 
subscribers to a diffusion service without the authority of the performer. 
(5) A person shall not, at any time during the protection period of a performance, 
cause a recording of the performance to be heard or seen in public if the person 
knows, or ought reasonably to know, that the recording is an unauthorised 
recording. 
(6) A person shall not, at any time during the protection period of a performance, 
have in his or her possession any plate or recording equipment that the person 
kno\vs, or ought reasonably to know, is to be used for making an unauthorised 
recording of the performance or a copy of such a recording. 
(7) This section applies only to acts done in Australia. 
(8) A person who broadcasts or re-broadcasts an authorised recording of a 
performance, or causes an authorised recording of a performance to be transmitted 
to subscribers to a diffusion service, \vithout the authority of the performer does not, 
by doing so, contravene subsection (3) or (4). 
248Q Other offences in relation to performances 
(1) A person shall not, at any time during the protection period of a performance, 
make a copy of a recording of the performance if the person knows, or ought 
reasonably to know, that the recording is an unauthorised recording. 
(2) A person shall not, at any time during the protection period of a performance, 
make a copy of an exempt recording of the performance without the authority of the 
performer if the person knows, or ought reasonably to know, that the copy is not 
itself an exempt recording. 
(3) A person shall not, at any time during the protection period of a performance, 
make a copy of an authorised sound recording of the performance without the 
authority of the performer if: 
(a) the copy is made for use in a sound-track and the person knows, or ought 
reasonably to know, that the making of the sound recording was not authorised 
for the purpose of use in that or any other sound-track; and 
(b) the making of the copy is an unauthorised use of the performance under 
subsection 248G(2). 
(4) A person must not, at any time during the protection period of a performance: 
(a) sell, let for hire, or by \vay of trade offer or expose for sale or hire a 
recording of the performance; or IP/N/1/ AUS/ell 
Page 159 
(b) distribute a recording of the performance for the purpose of trade, or for 
any other purpose to an extent that will affect prejudicially the financial 
interests of the performer or performers in the performance; or 
C c) have in his or her possession a recording of the performance for the 
purpose of: 
(i) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the financial interests of the 
performer or perfonners in the perfonnance; or 
Cd) import a recording of the perfonnance into Australia for the purpose of: 
(i) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the financial interests of the 
perfonner or performers in the perfonnance; 
if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
(6) A person shall not, at any time during the protection period of a performance: 
(a) by way of trade exhibit in public a recording of the performance; or 
(b) import a recording of the performance into Australia for the purpose of 
exhibiting the recording in public by way of trade; 
if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
(7) This section applies only to acts done in Australia. 
248QA. Further offences relating to sound recordings of certain performances 
(1) This section applies to an act done in Australia on or after the date of 
commencement of Part 4 of the Copyright (1Vorld Trade Organi:ation Amendments) 
Act 199-1 in relation to a performance given at any time before that date. 
(2) A person must not, at any time during the protection period of a performance, 
have in his or her possession any plate or recording equipment that the person 
knows, or ought reasonably to know, is to be used for making a copy of an 
unauthorised sound recording of the performance. 
(3) A person must not, at any time during the protection period of a performance, 
make a copy of a sound recording of the performance if the person knows, or ought 
reasonably to know, that the recording is an unauthorised recording. 
(4) A person must not, at any time during the protection period ofa performance: 
(a) sell, let for hire, or by way of trade offer or expose for sale or hire, a 
sound recording of the performance; or 
(b) distribute a sound recording of the performance for the purpose of trade, 
or for any other purpose to an extent that will affect prejudicially the financial 
interests of the performer or performers in the performance; or 
(c) have in his or her possession a sound recording of the performance for 
the purpose of: 
(i) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
eii) distributing it for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the financial interests of the 
perfonner or performers in the performance; or IP/NIlIAUS/CIl 
Page 160 
Cd) import a sound recording of the performance into Australia for the 
purpose of: 
(i) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the financial interests of the 
performer or performers in the performance; 
if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
(5) A person must not, at any time during the protection period of a performance: 
(a) by way of trade exhibit in public a sound recording of the performance; 
or 
(b) import a sound recording of the performance into Australia for the 
purpose of exhibiting the recording in public by way of trade; 
if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
248QB Protection against multiple prosecutions for same act 
I f an act done in relation to a performance constitutes a contravention of section 
248P or 248Q and of section 248QA, a prosecution may be instituted in respect of 
the offence against section 248R arising out of the contravention of section 248P or 
248Q (as the case may be) or the offence against section 2.+8R arising out of the 
contravention of section 248QA, but not both. 
248R Penalties 
(1) A person who contravenes subsection 248P(1) or (2) is gUilty of an offence 
punishable on conviction by: 
(a) if it is the person's first conviction for a contravention of that subsection 
and the recording to which the contravention relates is a sound recording: 
(i) if the person is a natural person-a fine not exceeding $500; or 
(ii) if the person is a body corporate-a fine not exceeding $2,500; 
(b) if it is the person's first conviction for a contravention of that subsection 
and the recording to \vhich the contravention relates is a cinematograph film: 
(i) if the person is a natural person-a fine not exceeding $1,500 or 
imprisonment for a term not exceeding 2 years~ or both; or 
(ii) if the person is a body corporate-a fine not exceeding $7,500; 
(c) if it is not the person's first conviction for a contravention of that 
subsection and the recording to which the contravention relates is a sound 
recording: 
(i) if the person is a natural person-a fine not exceeding $500 or 
imprisonment for a term not exceeding 6 months, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $5,000; 
or 
(d) if it is not the person's first conviction for a contravention of that 
subsection and the recording to which the contravention relates is a 
cinematograph film: 
(i) if the person is a natural person-a fine not exceeding $1,500 or 
im prisonment for a term not exceeding 5 years, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $15,000. IP/N/l/ AUS/C/I 
Page 161 
(2) A person who contravenes subsection 248P(3), (4), (5) or (6) is guilty of an 
offence punishable on conviction by: 
(a) if it is the person's first conviction for a contravention of that subsection: 
(i) if the person is a natural person-a fine not exceeding $1,500; or 
(ii) if the person is a body corporate-a fine not exceeding $7,500; 
or 
(b) in any other case: 
(i) if the person is a natural person-a fine not exceeding $ 1,500 or 
imprisonment for a term not exceeding 6 months, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $15,000. 
(3) A person who contravenes subsection 248Q(1), (2), (3), (4) or (6) is guilty of an 
offence punishable on conviction by: 
(a) if it is the person's first conviction for a contravention of that subsection 
and the recording to which the contravention relates is a sound recording: 
(i) if the person is a natural person-a fine not exceeding $500 for 
each sound recording or copy to which the offence relates; or 
(ii) if the person is a body corporate-a fine not exceeding $2,500 
for each sound recording or copy to which the offence relates; 
(b) if it is the person's first conviction for a contravention of that subsection 
and the recording to which the contravention relates is a cinematograph film: 
(i) if the person is a natural person-a fine not exceeding $1,500 
for each cinematograph film or copy to which the offence relates or 
imprisonment for a term not exceeding 2 years, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $7,500 
for each cinematograph film or copy to which the offence relates; 
(c) if it is not the person's first conviction for a contravention of that 
subsection and the recording to which the contravention relates is a sound 
recording: 
(i) if the person is a natural person-a fine not exceeding $500 for 
each sound recording or copy to \vhich the offence relates or 
imprisonment for a term not exceeding 6 months, or both; or 
(ii) jfthe person is a body corporate-a fine not exceeding $5,000 
for each sound recording or copy to which the offence relates; or 
Cd) if it is not the person's first conviction for a contravention of that 
subsection and the recording to which the contravention relates is a 
cinematograph film: 
(i) if the person is a natural person-a fine not exceeding $1,500 
for each cinematograph film or copy to \vhich the offence relates or 
imprisonment for a term not exceeding 5 years, or both; or 
(ii) if the person is a body corporate-a fine not exceeding $15,000 
for each cinematograph film or copy to \vhich the offence relates. 
(3A) A person who contravenes subsection 248QA(2) is guilty of an offence 
punishable on conviction by: 
(a) if the person is a natural person-a fine not exceeding 15 penalty units 
or imprisonment for a term not exceeding 6 months, or both; or 
(b) if the person is a body corporate-a fine not exceeding 150 penalty 
units. 
(3B)A person who contravenes subsection 248QA(3), (4) or (5) is guilty of an 
offence punishable on conviction by: IP/N/V AUS/ell 
Page 162 
(a) if the person is a natural person-a fine not exceeding 5 penalty units for 
each sound recording or copy to which the offence relates or imprisonment for 
a term not exceeding 6 months, or both; or 
(b) if the person is a body corporate-a fine not exceeding 50 penalty units 
for each sound recording or copy to which the offence relates. 
(4) Where a fine is imposed on a person under subsection (3) or (3B) in relation to 
an offence committed by the person and there is more than one recording or copy to 
\vhich the offence relates: 
(a) if the person is prosecuted before the Federal Court of Australia-the 
fine imposed in respect of the offence shall not exceed $50,000 if the person is 
a natural person or $250,000 if the person is a body corporate; and 
(b) if the person is prosecuted before any other court-the fine imposed in 
respect of the offence shall not exceed $10,000 if the person is a natural 
person or $50,000 if the person is a body corporate. 
248S Prosecutions for offences 
(1) Prosecutions for offences against this Part may be brought in the Federal Court 
of Australia or in any other court of competent jurisdiction. 
(2) Jurisdiction is conferred on the Federal Court of Australia to hear and determine 
prosecution~ for offences against this Part. 
248T Destruction or delivery up of unauthorised recordings 
The court before which a person is charged \'lith an offence against this Part may, 
whether the person is convicted of the offence or not, order that any article in the 
possession of the person that appears to the court to be: 
(a) an unauthorised recording of a performance, or a copy of such a 
recording; or 
(b) a plate or recording equipment used, or intended to be used, for making 
an unauthorised recording of a performance, or copies of such a recording; 
be destroyed or delivered up to the performer or performers concerned or otherwise 
dealt with in such manner as the court thinks fit. . 
Division 4-Extension of protection to foreign countries 
248U Application to foreign countries 
(1) Subject to this section, the regulations may apply any of the provisions of this 
Part specified in the regulations, in relation to a foreign country so specified, in any 
one or more of the following ways: 
(a) so that the provisions apply in relation to performances given in that 
country in like manner as those provisions apply in relation to performances 
given in Australia; 
(b) so that the provisions apply in relation to persons who are citizens or 
nationals of that country in like manner as those provisions apply in relation to 
persons who are Australian citizens; 
(c) so that the provisions apply in relation to persons who are resident in 
that country in like manner as those provisions apply in relation to persons 
who are resident in Australia. 
(2) Regulations applying a provision of this Part in relation to a foreign country: 
(a) may apply the provision without exception or modification or subject to 
such exceptions or modifications as are specified in the regulations; and 
(b) may apply the provision either generally or in relation to such classes of 
performances, or other classes of cases, as are specified in the regulations. IP/N/lIAUS/CIl 
Page 163 
(3) Regulations shall not be made applying any of the provisions of this Part in 
relation to a foreign country that is not a party to a Convention relating to the 
protection of performers to which Australia is also a party unless the Governor­
General is satisfied that, in respect of the performances to which those provisions 
relate, provision has been or will be made under the law of that country under which 
adequate protection is or \vill be given to performers whose performances are 
protected under this Act. 
248V Denial of protection to citizens of countries not giving adequate protection to 
Australian performances 
(1) If it appears to the Governor-General that the law of a foreign country does not 
give adequate protection to Australian performances (whether the lack of protection 
relates to the nature of the performance or the nationality, citizenship or country of 
residence of its performer, or all of those matters), the Governor-General may, 
having regard to the nature and extent of the lack of protection involved, make 
regulations in relation to that count!)' in accordance with this section. 
(2) Regulations made for the purposes of this section may provide, either generally 
or in such cases as are specified in the regulations, that this Part does not apply to 
performances given after a day specified in the regulations (which may be a day 
before the commencement of the regulations or of this Part) if, at the time the 
performances were or are given, the performers \vere or are citizens or nationals of a 
foreign country specified in the regulations, other than persons resident in Australia. 
Part XII-Regulations 
Do not delete: Division placeholder 
249 Regulations 
The Governor-General may make regulations, not inconsistent \vith this Act, 
prescribing all matters that are required or permitted by this Act to be prescribed or 
are necessary or convenient to be prescribed for carrying out or giving effect to this 
Act and, in particular, prescribing penalties not exceeding a fine of S 1 00 for 
offences against the regulations. 
The Schedule 
Section 144 
OATH 
NOTES I, , do swear that I will be faithful and bear true 
allegiance to Her rvlajesty Queen Elizabeth the Second, Her Heirs and Successors 
according to law, that I will well and truly serve Her in the office of 
and that I will faithfully and impartially perform the duties of that office. 
SO HELP ME GOD! 
AFFIRMATION 
I, , do solemnly and sincerely promise and 
declare that I will be faithful and bear true allegiance to Her Majesty Queen 
Elizabeth the Second, Her Heirs and Successors according to law, that I will well 
and truly serve Her in the office of and that I will faithfully and 
impartially perform the duties of that office. 
1. The Copyright Act 1968 as shown in this reprint comprises Act No. 63, 1968 amended as indicated in the Tables 
below. IP/N/lIAUS/C/l 
Page 164 
The Copyn'ght Act 1958 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations (1989. 
No.3) as amended. [see Table A] 
Act Number and year Date of Assent Date of commencement Application. saving or transitional 
provisions 
Copyright Act 1958 63, 1968 27 June 1968 1 May 1969 (see Gazette 1969, p. 2543) 
Statute Law Revision Act 1973 216.197319 Dec 1973 31 Dec 1973 Ss. 9(1) and 10 
Administrative Changes (Consequential Provisions) Act 1975 91,1976 20 Sept 1976 5.3: (a) 5.4 
Broadcasting and Television Amendment Act 1977 160. 197710 Nov 1977 1 Jan 1978 (see Gazette 
19n. No. 5259) . 
Junsdiction of Courts (Miscellaneous Amendments) Act 1979 19, 1979 28 Mar 1979 Parts II-XVII (ss. 3-
123): 15 May 1979 (see Gazette 1979. No. 586) Remainder: 19 Mar 1979 5s. 9 and 124 
Copyright Amendment Act 1980 154,198019 5ept 1980 Ss. 17-19: 29 Sept 1980 Remainder: 1 Aug 1981 
(see Gazette 1981, No. 5124)-
Designs Amendment Act 1981 42. 1981 13 May 1981 5s.1 and 2: 13 Mar 1981 5.31, Part lV(ss. 34, 
35) and s. 36(2): 1 Apr 1982 (see Gazette 1982. No. G12) Remainder: 1 Apr 1982 (see Gazette 1982, No. G12) 
5.36 
Statute Law Revision Act 1981 61. 1981 12 June 1981 S. 115: Royal Assent (b) 
Broadcasting and Television Amendment Act 1981 113.198124 June 1981 5.30: 10 Aug 1981 (see 
Gazette 1981, No. 5158) Remainder: 24 June 1981 
Statute Law (Miscellaneous Amendments) Act (No.1) 1982 26. 1982 7 May 1982 Part XVlII (ss. 136-145): 4 
June 1982 (c) 5. 138(2» 
Statute Law (Miscellaneous Amendments) Act (No.2) 1982 80, 1982 22 Sept 1982 Part LXXVII (s. 280): Royal 
Assent (d) 5. 280(2). (3) 
Broadcasting and Television Amendment Act 1982 154.198231 Dec 1982 31 Dec 1982 
Australian Broadcasting Corporation (Transitional Provisions and Consequential Amendments) Act 1983 7. 1983 
1 June 1983 5s. 1.2.15(1) and 24: 1 June 1983 Remainder: 1 July 1983 (see s. 2(2) and Gazette 
1963. No. 5124) 5.60(2) 
Copyright Amendment Act 1983 60,1983 3 Nov 1983 6 June 1984 (see Gazette 1984. No. 5203) 
Statute Law (Miscellaneous Provisions) Act (No.2) 1983 91. 1983 22 Nov 1983 S. 3: 20 Dec 1983 (e) 
S.6 
Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1983 136,198322 Dec 
1983 27 Aug 1985 (see s. 2 and Gazette 1985. No. S322) 
Copyright Amendment Act 1984 43,1984 15 June 1984 15 June 1984 S. 7 
Statute Law (Miscellaneous Provisions) Act (No.2) 1984 165, 198425 Oct 1984 S. 3: 22 Nov 1984 (f) 
Ss. 6(1) and 7 
Statute Law (Miscellaneous Provisions) Act (No.1) 1985 65. 1985 5 June 1985 S. 3: 3 July 1985 (g) 
Broadcasting and Television (Consequential Amendments) Act 1985 67. 1985 5 June 1985 1 Jan 1986 
S.4 
Copyright Amendment Act 1985 78.1986 24 June 1986 Ss. 14-19: 22 July 1986 Remainder: 30 Apr 1987 
(see Gazette 1987, No. S68) 5s. 20(2) and 28(2) 
Statute Law (Miscellaneous ProviSions) Act (No.2) 1985 168, 198618 Dec 1986 S. 3: (h) 5.5(1) 
Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 23. 1987 26 May 1987 S. 3: (;J 5. 5 
Broadcasting Legislation Amendment Act 1988 146,198826 Dec 1988 5.49: 1 Mar 1989 (k) 
Circuit Layouts Act 1989 28, 1989 22 May 1989 5s. 1 and 2: Royal Assent Remainder: 1 Oct 1990 (see 
Gazette 1990. No. 5261) 
Copyright Amendment Act 1989 32.1989 24 May 1989 5s. 3, 5. 7,12,13.21,22,28 and Schedule (items 
1.4.10.12.14,19.25 and 26): 1 Oct 1989 (see Gazette 1989, No. 5316) 5s. 4,14.16.18,20.23.25,27,29 and 
5chedule (items 48.49 and 53): 29 Jan 1990 (see Gazette 1990. No. 515) 5s. 6, 15. 19.24. 26(a) and Schedule (items 
2.3.6-9,11. 13. 15. 18, 21-24, 27-47 and 50-52): 1 July1990 (see Gazette 1990. No. 5164) Ss. 8-11, 17 and Schedule 
(items 5,16.17 and 20): 1 Oct 1990 (see Gazette 1990, No. 5261) 5. 26 (b)-{f): 2 July 1990 (see Gazette 1990, No. 
S164) Remainder: Royal Assent 5.2 (rep. by 107, 1993, s.13) 5s. 25 and 29 (am. by 107, 1993, ss. 8 and 10) 
as repealed by 
Copyright Amendment (Re-enactment) Act 1993 107,199322 Dec 1993 5.13: Royal AssentS. 2(2) 
as re-enacted by 
Copyright Amendment (Re-enactment) Act 1993 107, 199322 Dec 1993 (m) 5s. 8 and 10-12 
Copyright Amendment Act 1991 174, 199125 Nov 1991 23 Dec 1991 
Special Broadcasting Service Act 1991 180,199125 Nov 1991 5.116: 23 Dec 1991 (I) 5.116(2) 
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992105, 19929 July 1992 
5 Oct 1992 (see s. 2 and Gazette 1992, No. GN38) 5. 3 -
Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992167, 199211 Dec 1992 
1 July 1993 5. 14(3) 
Copyright Amendment (Re-enactment) Act 1993 107,199322 Dec 1993 22 Dec 1993 Ss. 8 and 10-12 IPINIlIAUS/CIl 
Page 165 
Agricultural and Veterinary Chemicals (Consequential Amendments) Act 1994 37,1994 15 Mar 1994 15 Mar 
1995 (see s. 2) 
Law and Justice Legislation Amendment Act (No.2) 1994 141, 199428 Nov 1994 S.4 (items 1-13, 15-30 and 
32-112): Royal Assent (n) S. 4 (items 14 and 31): 23 Dec 1991 (n) S. 7 
Copyright (World Trade Organization Amendments) Act 1994 149, 199413 Dec 1994 S5. 1 and 2: Royal 
Assent Parts 3 and 4 (ss. 6-17): 1 July 1995 Remainder: 1 Jan 1996 -
(a) The Copyright Act 1968 was amended by section 3 only of the Administrative Changes (Consequential Provisions) 
Act 1975, subsection 2(7) of which provides as follows: 
"(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to 
have come into operation on 22 December 1975. It 
(b) The Copyright Act 1958 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2(1) 
of which provides as follows: 
"(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal 
Assent." 
(c) The Copyright Act 1958 was amended by Part XVIII (sections 136-145) only of the Statute Law (Miscellaneous 
Amendments) Act (No.1) 1982, subsection 2(12) of which provides as follows: 
"(12) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day 
on which this Act receives the Royal Assent." 
(d) The Copyright Act 1958 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous 
Amendments) Act (No.2) 1982, subsection 2(1) of which provides as follows: 
"(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI. XXXVI, XLIV. LI. LIII, LlV. LXI and LXXVJJ shall 
come into operation on the day on which this Act receives the Royal Assent." 
(e) The Copyright Act 1958 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No.2) 
1983, subsection 2(1) of which provides as follows: 
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on 
which it receives the Royal Assent." 
(f) The Copyright Act 1958 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No.2) 
1984, subsection 2(1) of which provides as follows: 
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on 
which it receives the Royal Assent." 
(g) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No.1) 
1985, subsection 2(1) of which provides as follows: 
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on 
which it receives the Royal Assent." 
(h) The Copyright Act 1958 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No.2) 
1985, subsection 2(3) of which provides as follows: 
"(3) The amendments of the Copyright Act 1968 made by this Act shall come into operation immediately 
after the commencement of section 3 of the Copyright Amendment Act 1986." 
Section 3 commenced on 30 April 1987 (see Gazette 1987, No. S68, p. 6). 
(j) The Copyright Act 1968 was amended by section 3 only of the Jurisdiction of Courts (Miscellaneous Amendments) 
Act 1987, subsection 2(2) of which provides as follows: 
"(2) The amendments made by this Act to an Act specified in the Schedule shall come into operation on 
such day as is fixed by Proclamation in relation to those amendments." 
The date fixed in pursuance of subsection 2(2) was 1 September 1987 (see Gazette 1987, No. S217). 
(k) The Copyright Act 1958 was amended by section 49 only of the Broadcasting Legislation Amendment Act 1988, 
subsection 2(3) of which provides as follows: 
"(3) Sections 15, 16 and 36, subsection 48(2), section 49 and Schedules 2,4 and 5 commence on 1 
March 1989." 
(/) The Copyright Act 1958 was amended by section 116 only of the Special Broadcasting Act 1991, subsection 2(1) 
of which provides as follows: 
"(1) Subject to subsection (2). this Act commences 28 days after the day on which it receives the Royal 
Assent." 
(m) Certain provisions of the Copyright Amendment Act 1989 were re-enacted by sections 4-10 of the Copyright 
Amendment (Re-enactment) Act 1993. Subsection 2(2) of the Copyright Amendment (Re-enactment) Act 1993 as 
follows: 
"(2) The amendments made by this Act are taken to have commenced on the dates set out in the 
Schedule." 
The commencement of the re-enacted proviSions provide as follows: 
Section 4 re-enacted sections 3, 5, 7,12,13,21,28 and Schedule (items 1,4,10,12,14,19,25 and 26) which 
commenced on 1 October 1989. 
Section 4 re-enacted sections 4,14,18.23 and Schedule (items 48,49 and 53) which commenced on 29 January 
1990. 
Section 4 re-enacted sections 6, 24, 26(a) and Schedule (items 2,3,6-9,11,13,15.18,21-24,27-47 and 50-52) 
which commenced on 1 July 1990. 
Section 4 re-enacted sections 8-11, 17 and Schedule (items 5, 16, 17 and 20) which commenced on 1 October 
1990. IP/NIlIAUS/CI 1 
Page 166 
Section 4 re-enacted paragraphs 26(b)-(t} which commenced on 2 July 1990. 
Section 5 re-enacted section 15 which commenced on 1 July 1990. 
Section 6 re-enacted section 19 which commenced on 1 July 1990. 
Section 7 re-enacted section 22 which commenced on 1 October 1989. 
Section 8 re-enacted section 25 which commenced on 29 January 1990. 
Section 9 re-enacted section 27 which commenced on 29 January 1990. 
Section 10 re-enacted section 29 which commenced on 29 January 1990. 
(n) The Copyright Act 1968 was amended by section 4 (items 1-112) only of the Law and Justice Legislation 
Amendment Act (No.2) 1994, subsections 2(1) and (4) of which provide as follows: 
"(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent 
"(4) Items 14 and 31 of Schedule 2 are taken to have commenced on 23 December 1991, immediately 
after the commencement of the Copyright Amendment Act 1991.· 
Table of Amendments 
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted 
Provision affected How affected 
Title am. No. 32, 1989 (as am. by No. 107, 1993) 
S.3 rep. No. 216, 1973 
S.4 rs. No. 216. 1973 
S.8 am. No. 154, 1980; No. 42,1981 
rs. No. 165, 1984 
S.8A ad. No. 154,1980 
am. No. 141, 1994 
S.9 am. No. 67,1985 
S.10 am. No. 216,1973; No. 160,1977; No. 154, 1980; No. 113,1981; No. 154, 1982; Nos. 7 and 136. 
1983; Nos. 43 and 165, 1984; No. 67,1985; Nos. 78 and 168.1986; No. 146. 1988; No. 28.1989; No. 32.1989 (as am. 
by No. 107, 1993): Nos. 174 and 180.1991; No. 105, 1992; Nos. 37 and 141,1994 
S.10A ad. No. 165. 1984 
am. No. 78,1986; No. 32. 1989 (as am. by No. 107. 1993) 
am. No. 141, 1994 S.11 
S.12 
S.14 
S.19 
S.22 
S.26 
S.27 
S.28 
S.29 
S.30A 
S.31 
S.32 
S5.33.34 
S.35 
S.37 
S.38 
S.39 
S.39A 
S.40 
S.43 
S.43A 
S.44 
S.44A 
S.448 
S.47 
S.47A 
S.48 
S.48A 
S.49 
S.50 
S.51 
S.51AA 
S.51A am. No. 216.1973 
am. No. 154,1980 
am. No. 216. 1973 
am. No. 78, 1986; No. 32. 1989 (as am. by No. 107, 1993) 
am. No. 141. 1994 
am. No. 32.1989 (as am. by No. 107, 1993); No. 141, 1994 
am. No. 154, 1980; No. 141, 1994 
am. No. 154, 1980 
ad. No. 149, 1994 
am. No. 154, 1980; No. 149, 1994 
am. No. 141, 1994 
am. No. 154, 1980 
am. No. 141, 1994 
am. No. 174, 1991 
am. No. 174.1991: No. 141, 1994 
am. No. 141, 1994 
ad. No. 154, 1980 
am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993) 
am. No. 154. 1980 
ad. No. 43, 1984 
am. No. 154. 1980 
ad. No. 174, 1991 
ad. No. 37, 1994 
am. No. 154, 1980; No. 80, 1983; No. 141, 1994 
ad. No. 78,1986 
am. No. 105, 1992; No. 167, 1992 
rs. No. 154, 1980 
ad. No. 165, 1984 
rs. No. 154, 1980 
am. No. 165, 1984; No. 141, 1994 
rs. No. 154, 1980 
am. No. 165, 1984 
am. No. 154,1980; No. 141, 1994 
ad. No. 32, 1989 (as am. by No. 107, 1993) 
ad. No. 154, 1980 S.52 
S.53 am. No. 78. 1986; No. 141. 1994 
am. No. 91, 1983 IPfNllIAUS/CIl 
Page 167 
Div. 5A of Part III 
S.53A am. No. 154. 1980 
(ss.53A-53C) ad. No. 154, 1980 rep. No. 32, 1989 (as am. by No. 107. 1993) 
S.538 
S.53C ad. No. 154. 1980 
rep. No. 32. 1989 (as am. by No.1 07, 1993) 
ad. No. 154, 1980 
am. No. 165, 1984 
rep. No. 32, 1989 (as am. by No. 107, 1993) 
ad. No. 154. 1980 
am. No. 91,1983 
rep. No. 32,1989 (as am. by No. 107, 1993) 
Div. 58 of Part III (so 530) ad. No. 154, 1980 
S.530 
S.54 
S.55 
S.56 
S.57 
S.58 rep. No. 32,1989 (as am. by No. 107, 1993) 
ad. No. 154.1980 
am. No. 165, 1984 
rep. No. 32, 1989 (as am. by No. 107, 1993) 
am. No. 32. 1989 (as am. by No.1 07, 1993) 
am. No. 154,1980; No. 61,1981; No. 32.1989 (as am. by NO.107, 1993) 
am. No. 154, 1980 
rep. No. 32, 1989 (as am. by No. 107, 1993) 
am. No. 154. 1980 
am. No. 154. 1980 
rep. No. 32,1989 (as am. by No. 107, 1993) 
S.59 am. No. 154, 1980; No. 141,1994 
Ss. 62, 63 am. No. 154. 1980 
rep. No. 32,1989 (as am. by No. 107, 1993) 
Ss. 64, 65 am. No. 154, 1980 
Ss.68,69 am. No. 154. 1980 
S.70 am. No. 154, 1980; No. 80, 1983; No. 141,1994 
S.71 rep. No. 32, 1989 (as am. by No. 107, 1993) 
Heading to Div. 8 of Part III am. No. 42,1981 
S.74 am. No. 216,1973; No. 42.1981 
S. 75 
S.76 
S. 77 rs. No. 32,1989 (as am. by No. 107,1993) 
am. No. 42,1981 
rs. No. 32,1989 (as am. by No. 107, 1993) 
am. No. 42,1981 
am. No. 154. 1980; No. 42,1981 
rs. No. 32,1989 (as am. by No. 107, 1993) 
Ss.79-81 am. No. 154, 1980 
S.82 am. No. 154, 1980; No. 141, 1994 
S. 83 am. No. 154, 1980 
S.85 am. No. 154, 1980; No. 149, 1994 
S. 87 am. No. 154. 1980 
S.91 am. No. 160,1977; Nos. 7 and 136,1983; No. 78,1986 
rs. No. 146, 1988 
am. No. 180. 1991; No. 167, 1992 
Ss. 92-96 am. No. 154, 1980 
S.99 am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 146, 19S8; No. 180, 1991 
S.100A ad. No. 78, 1986 
S. 101 am. No. 154, 1980 
S.102 am. No. 174, 1991 
S.103 am. No. 174, 1991; No. 141. 1994 
Ss. 103A, 1038 ad. No. 78, 1986 
S.103C ad. No. 32. 1989 (as am. by No. 107, 1993) 
S. 104 rs. No. 154, 1980 
S.104A ad. No. 165,1984 
S.105 am. No. 154, 1980 
S.107 am. No. 154, 1980; No. 80, 1983; No. 141, 1994 
Ss. 108, 109 am. No. 154, 1980; No. 141, 1994 
S. 110 am. No. 154, 1980 
SS.110A,1108 ad. No. 78, 1986 
S. 111 am. No. 154, 1980; No. 32, 1989 (as am. by No.1 07, 1993) 
S.112 rs. No. 154,1980 
S.112A 
S.1128 am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993) 
ad. No. 174, 1991 
ad. No. 37, 1994 IPlNllIAUS/C/l 
Page 168 
S.113 am. No. 154, 1980 
S.116 am. No. 141, 1994 
S.119 am. No. 154, 1980; No. 141, 1994 
S.120 am. No. 154, 1980 
Ss. 122-124 am. No. 154, 1980 
S.125 am. No. 154, 1980; No. 141, 1994 
Heading to Div. 4 of Part V rs. No. 78, 1986 
S.126 am. No. 141, 1994 
S. 127 am. No. 154, 1980; No. 141, 1994 
S.128 am. No. 154, 1980 
5. 129 am. No. 154, 1980; No. 141, 1994 
5. 131 am. No. 154, 1980: No. 141, 1994 
Heading to Div. 4A of Part V rs. No. 23. 1987 
Div. 4A of Part V (ss. 131A. 1318) ad. No. 19. 1979 
5. 131A ad. No. 19. 1979 
5.1318 ad. No. 19. 1979 
S. 131C 
S.132 
S.133 
5. 133A 
5.134A am. No. 23, 1987 
ad. No. 23, 1987 
am. No. 154, 1980; No. 43,1984; No. 78,1986 
am. No. 154, 1980; No. 91,1983; No. 78, 1986 
ad. No. 43, 1984 
am. No. 78, 1986 
ad. No. 78, 1986 
am. No. 149, 1994 
Heading to Div. 7 of Part V ad. No. 149, 1994 
5.1348 ad. No. 149, 1994 
5. 135 am. No. 216, 1973; No. 91, 1976; No. 19. 1979; No. 154,1980; No. 80. 1982; No. 65, 1985; No. 32. 
1989 (as am. by No.107, 1993): Nos. 141 and 149, 1994 
Ss. 135AA-135AK ad. No. 149. 1994 
Part VA (ss. 135A-135Z, 135ZA) ad. No. 32, 1989 (as am. by No. 107, 1993) 
Ss. 135A-135Z. 135ZA ad. No. 32.1989 (as am. by No. 107, 1993) 
Part VB (ss.135Z8-135ZZ.135ZZA-135ZZH) ad. No. 32,1989 (as am. by No. 107, 1593) 
Ss. 135Z8-135ZZ, 135ZZA- 135ZZH ad. No. 32,1989 (as am. by No. 107, 1993) 
Part VC (ss.135ZZJ-135ZZZ, 135ZZZA, 135ZZZ8) ad. No. 32,1989 (as rep. by No. 107, 1993) 
Ss. 135ZZJ-135ZZZ. 135ZZZA. 135ZZZBad. No. 32,1989 (as rep. by No. 107,1593) 
S.136 am. No. 154. 1980; No. 26,1982; No. 78,1986 
S.138 am. No. 154, 1980 
5.140 
S. 141 
S. 142 
S. 143 
5.144 
5. 144A 
S.1448 
S.145 
5.146 
5. 147 
S.148 
5.149 
5. 149A rs. No. 26, 1982 
am. No. 216.1973: No. 154, 1980 
rs. No. 26, 1982 
am. No. 141, 1994 
am. No. 154, 1980; No. 25,1982: No. 141, 1994 
am. No. 26, 1982: No. 141, 1994 
rs. No. 26. 1982 
am. No. 141, 1994 
am. No. 141,1994 
ad. No. 154. 1980 
am. No. 141, 1994 
ad. No. 154, 1980 
am. No. 26, 1982: No. 141, 1994 
rs. No. 141,1994 
am. No. 154, 1980: No. 26,1982; No. 141, 1994 
am. No. 154, 1980; No. 26, 1982 
am. No. 154, 1980 
rep. No. 32, 1989 (as am. by No. 107, 1993) 
am. No. 154, 1980 
ad. No. 154, 1980 
rs. No. 78. 1986 
am. No. 32,1989 (as am. by No. 107, 1993) 
5s. 150,151 am. No. 154,1980 
S.152 am. No. 216,1973; No. 160,1977; No. 154, 1980; No.7, 1983; No. 67,1985; No. 78,1986; No. 146, 
1988; No. 180. 1991; No. 141,1994 
5s. 152A, 152B ad. No. 32, 1989 (as am. by No. 107,1993) 
5.153 am. No. 154, 1980 
5s.153A-153D ad. No. 32, 1989 (as am. by No. 107,1993) 
5. 153E ad. No. 32. 1989 (as rep. by No. 107, 1993) 
5s.155-159 am. No. 154, 1980 Ss.154-159 
Ss. 159A, 159B am. No. 141, 1994 
ad. No. 154. 1980 
am. No. 91, 1983 
rep. No. 32, 1989 (as am. by No. 107, 1993) 
S.161 
S.163A am. No. 19, 1979; No. 154, 1980 
ad. No. 154, 1980 
am. No. 141. 1994 
S. 166 
S.169 
S.171 
Ss. 172. 173 
S.174 
Ss. 180. 181 
S.182A am. No. 19,1979; No. 154, 1980 
am. No. 216, 1973 
am. No. 141.1994 
am. No. 154, 1980; No. 141. 1994 
am. No. 154, 1980; No. 78.1986 
am. No. 154. 1980 
ad. No. 154. 1980 
am. No. 141. 1994 IPlNllI AUS/C/I 
Page 169 
S.183 am. No. 19, 1979; No. 154. 1980; No. 32. 1989 (as am. by No. 107. 1993); No. 141. 1994 
S.184 am. No. 160, 1977; No. 154. 1980; No.7. 1983; No. 78. 1986; No. 146, 1988; No. 32, 1989 (as am. 
by No. 107.1993); No. 180,1991 
Ss.185-188 am. No. 154. 1980 
Ss. 191, 192 am. No. 141. 1994 
S.194 am. No. 154, 1980; No. 141,1994 
S.195M ad. No. 32, 1989 (as am. by No. 107. 1993) 
S.195A ad. No. 154. 1980 
S.195B am. No. 165,1984; No. 78.1986; No. 32,1989 (as am. by No.107, 1993) 
ad. No. 32. 1989 (as rep. by No. 107, 1993) 
ad. No. 107, 1993 
am. No. 149, 1994 
Ss. 197, 198 
S.199 
141,1994 
S.200 
S.200M 
S.200A am. No. 141, 1994 
am. No. 160, 1977; No. 154, 1980; No. 7. 1983; No. 78, 1986; No. 146. 1988; No. 180. 1991; No. 
am. No. 154,1980; No. 32,1989 (as am. by No. 107, 1993) 
ad. No. 32, 1989 (as am. by No.1 07, 1993) 
ad. No. 78. 1986 
S.201 
S.202 
S.203A re~. No. 32, 1989 (as am. by No.1 07, 1993) 
am. No. 216.1973; No. 154, 1980; No. 141, 1994 
am. No. 216, 1973; No. 141, 1994 
ad. No. 154, 1980 
am. No. 91, 1983; No. 165, 1984; No. 78.1986; No. 32.1989 (as am. by No. 107,1993) 
Ss.203B.203C ad. No. 154, 1980 
S.2030 
5.203E 
S.203F 
5.203G 
S.203H 
S.204 
S.206 am. No. 165. 1984;N~78, 1986 
rep. No. 32.1989 (as am. by No. 107, 1993) 
ad. No. 154, 1980 
am. No. 165. 1984; No. 78,1986; No. 32,1989 (as am. by No. 107,1993) 
ad. No. 154, 1980 
am. No. 165,1984; No. 78,1986; No. 32.1989 (as am. by No. 107, 1993); No. 141, 1994 
ad. No. 154,1980 
am. No. 91.1983; No. 165, 1984; No. 78, 1986; No. 32,1989 (as am. by No. 107,1993) 
ad. No. 154. 1980 
am. No. 165. 1984; No. 78,1986 
rep. No. 32.1989 (as am. by No. 107, 1993) 
ad. No. 154, 1980 
am. No. 165. 1984; No. 78, 1986; No. 32,1989 (as am. by No. 107, 1993) 
am. No. 154. 1980 
am. No. 216.1973; No. 61.1981 
Ss. 209. 210 
S.211 
5.212 
S.213 
Ss.214-216 
S.217 
S.219 
SS.220-227 
S.229 
5s.232-238 
S.239 am. No. 154, 1980 
am. No. 154. 1980; No. 141, 1994 
am. No. 154. 1980 
am. No. 154.1980; No. 141. 1994 
am. No. 154. 1980 
am. No. 216,1973; No. 154. 1980 
am. No. 154. 1980; No. 141.1994 
am. No. 154. 1980 
am. No. 154. 1980 
am. No. 154, 1980 
am. No. 154. 1980: No. 141, 1994 
am. No. 154, 1980 Ss. 240, 241 
Ss.244,245 am. No. 154. 1980 IP/N/IIAUS/C/l 
Page 170 
S.248 am. No. 154, 1980; No. 141, 1994 
Part XIA (ss. 248A-248V) ad. No. 32, 1989 (as am. by No. 107, 1993) 
S.248A ad. No. 32,1989 (as am. by No. 107, 1993) 
am. No. 149, 1994 
Ss. 2488, 248C ad. No. 32, 1989 (as am. by No. 107, 1993) 
S. 248CA ad. No. 149, 1994 
Ss. 2480. 248E ad. No. 32,1989 (as am. by No. 107, 1993) 
Ss. 248F. 248G ad. No. 32,1989 (as am. by No. 107, 1993) 
am. No. 149, 1994 
SS.248H-248P ad. No. 32, 1989 (as am. by No. 107, 1993) 
S.2480 ad. No. 32, 1989 (as am. by No. 107, 1993) 
am. No. 149. 1994 
Ss. 248QA, 24808 ad. No. 149, 1994 
S.248R ad. No. 32, 1989 (as am. by No. 107, 1993) 
am. No. 149. 1994 
Ss.248S-248V ad. No. 32,1989 (as am. by No. 107,1993) 
S. 249 am. No. 154, 1980 
2. S. 149A(3) (as amended by section 4 of the Copyright Amendment (Re-enactment) Act 
1993}-Schedule (item 22) of the Copyright Amendment Act 1989 provides as follows: 
22. Subsection 149A(3): 
Omit "for the making of the sound broadcast, copy, handicapped person's copy, or 
intellectually handicapped person's copy, as the case requires". 
The proposed amendment was misdescribed and is not incorporated in this reprint. 
TABLE A 
Application, Saving or Transitional Provisions 
A.C.T. Self-Government (Consequential Provisions) Regulations 
Sections 10 and 183-The Copyright Act 1968 \vas modified by regulation 2 and Schedule 
1 of the A.C.T. Self-Government (Consequential Provisions) Regulations as amended. The 
modifications of Schedule 1 are set out below and are not incorporated in this reprint. 
Subsection 10(1) (definition of the Crown): 
Before "the Northern Territory" (first occurring) insert "the Australian Capital 
Territory and". 
Paragraph 10(3)(e): 
Before "the Northern Territory" insert "the Australian Capital Territory and". 
Paragraph 10(3)(n): 
(a) Before "the Northern Territory" (first occurring) insert "the Australian 
Capital Territory and"; 
(b) Before "the Northern Territory" (second occurring) insert "the 
Australian Capital Territory or". 
Subsection 183(11): 
Omit "State or" (twice occurring), substitute "State, the Australian Capital Territory 
or". IPINII I AUS/C/I 
Page 171 
Copyright Amendment Act (No.1) 1998 
No. 104, 1998 
Copyright Amendment Act (No.1) 1998 
No. 104, 1998 
An Act to amend the CopyriglztAct 1968, and for related 
purposes 
Contents 
1 Short title 1 
2 Commencement 1 
3 Schedule(s) 2 
Schedule I-Employed journalists' copyright 3 
Copyright Act 1968 3 
Schedule 2-Labelling and packaging etc. of imported goods etc. 5 
Copyright Act 1968 5 
Schedule 3-Conversion and detention 9 
Copyright Act 1968 9 
Sched ule 4-Copying for the services of the Common"wealth, State and 
Territory Governments 11 
Copyright Act 1968 11 
Schedule 5-People lvith an intellectual disability and people lvith a print 
disability 23 
Copyright Act 1968 23 
Schedule 6-Copying of works etc. by institutions 32 
Copyright Act 1968 32 
Schedule 7-Copyright Tribunal 36 IP/N/l/ AUS/ell 
Page 172 
Copyright Act 1968 
Schedule 8-Imported copies of copyright material 
Copyright Act 1968 
Schedule 9-Educational institutions 
Copyright Act 1968 
Schedule 10--Minor amendments 
Copyright Act 1968 
Copyright Amendment Act (No'-1) 1998 
No. 104, 1998 36 
39 
39 
44 
44 
48 
48 
An Act to amend the Copyriglzt Act 1968, and for related 
purposes 
[Assented to 30 July 1998] 
The Parliament of Australia enacts: 
1 Short title 
This Act may be cited as the Copyright Amendment Act (No.1) 1998. 
2 Commencement 
(1) Subject to subsection (2), this Act commences on the day on \vhich it receives 
the Royal Assent. 
(2) Items 6, 8, 10 and 12 in Schedule 2 and item 12 in Schedule 8 commence at the 
end of 18 months after the day on \vhich this Act receives the Royal Assent. 
3 Schedule(s) 
Subject to section 2, each Act that is specified in a Schedule to this Act is amended 
or repealed as set out in the applicable items in the Schedule concerned, and any 
other item in a Schedule to this Act has effect according to its terms. 
Schedule 1":"'Employed journalists' copyright 
Copyright Act 1968 
1 Subsection 35(4) 
Repeal the subsection, substitute: 
(4) Ifa literary, dramatic or artistic work: 
(a) is made by the author under the terms of his or her employment by the 
proprietor of a newspaper, magazine or similar periodical under a contract of 
service or apprenticeship; and 
(b) is so made for the purpose of inclusion in a newspaper, magazine or 
similar periodical; 
the following paragraphs apply: 
(c) the author is the owner of the copyright only in so far as the copyright 
relates to: 
(i) reproduction of the work for the purpose of inclusion in a book; 
or IPlNllIAUS/CIl 
Page 173 
(ii) reproduction of the work in the form of a hard copy facsimile 
(other than a hard copy facsimile made as part ofa process of 
transmission) made from a paper edition of, or from another hard copy 
facsimile made from a paper edition of, an issue of the newspaper, 
magazine or similar periodical, but not including reproduction by the 
proprietor for a purpose connected with the publication of the newspaper, 
magazine or similar periodical; 
(d) except as provided by paragraph (c), the proprietor is the owner of the 
copyright. 
2 Paragraph 35(5)(a) 
After "photograph", insert "for a private or domestic purpose". 
3 At the end of section 35 
Add: 
(7) In this section: 
Izard copyjacsimile, in relation to a literary, dramatic or artistic work, means a 
facsimile which is in a material fonn and from which the work is visible to a human 
being without the use of any device. 
private or domestic purpose includes a portrait of family members, a wedding party 
or children. 
4 Application 
The amendments made by this Schedule apply only in relation to works made after the 
commencement of this Schedule. 
Note: Subsection 22(1) of the Copyright Act 1968 specifies when a work is made. 
Schedule 2-Labelling and packaging etc. of imported 
goods etc. 
Copyright Act 1968 
1 Subsection 10(1) (definition of infringing copy) 
Omit all the words after "importer,", substitute: 
but does not include: 
(f) a non-infringing book whose importation does not constitute an 
infringement of that copyright; or 
(g) a non-infringing accessory whose importation does not constitute an 
infringement of that copyright. 
2 Subsection 10(1) 
Insert: 
accessory, in relation to an article, means one or more of the following: 
(a) a label affixed to, displayed on, incorporated into the surface of, or 
accompanying, the article; 
(b) the packaging or container in which the article is packaged or contained; 
(c) a label affixed to, displayed on, incorporated into the surface of, or 
accompanying, the packaging or container in \vhich the article is packaged or 
contained; 
(d) a written instruction, warranty or other information provided with the 
article; 
(e) a record embodying an instructional sound recording, or a copy of an 
instructional cinematograph film, provided with the article; IP/N/lIAUS/CIl 
Page 174 
but does not include: 
(t) any label, packaging or container on \vhich the olympic symbol (within 
the meaning of the Olympic Insignia Protection Act 1987) is reproduced; or 
(g) a manual sold with computer software for use in connection with that 
software. 
3 Subsection 10(1) 
Insert: 
non-infringing accessory means an accessory made in: 
(a) a country that is a party to the International Convention for the 
Protection of Literary and Artistic \Vorks concluded at Berne on 9 September 
1886 as revised from time to time; or 
(b) a country that is a member of the World Trade Organization and has a 
law that provides consistently with the TRIPS Agreement for: 
(i) the ownership and duration of copyright or a related right in 
works, sound recordings and cinematograph films; and 
(ii) the owner of the copyright or related right to have rights relating 
to the reproduction of the work, sound recording or cinematograph film; 
where: 
(c) the making of any copy of a work, or any reproduction of a published 
edition of a work, that is on, or is embodied in, the accessory; or 
(d) the making of any record embodying a sound recording, or any copy of a 
cinematograph film, that is the accessory; 
\vas authorised by the o\vner of the copyright in that country in the work, edition, 
recording or film, as the case may be. 
4 Subsection 10(1) 
Insert: 
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual 
Property Rights set out in Annex 1 C to the Marrakesh Agreement establishing the 
\Vorld Trade Organization, done at Marrakesh on 15 April 199~. 
1\'ote: The English text of the ~1:lITakesh Agreement establishing the World Trade Organization is 
set out in Australian Treaty Series 1995 No.8. 
5 Section 37 
Omit "section 44A", substitute "Division 3". 
6 At the end of section 37 
Add: 
(2) In relation to an accessory to an article that is or includes a copy of a work, 
being a copy that \vas made without the licence of the owner of the copyright in the 
work in the country in \vhich the copy was made, subsection (I) has effect as if the 
words "the importer knew, or ought reasonably to have known, that" were omitted. 
7 Subsection 38(1) 
Omit "section 44A", substitute "Division 3". 
8 After section 448 
Add: 
44C Copyright subsisting in accessories etc. to imported articles 
(1) The cop)Tight in a work a copy of which is on, or embodied in, a non-infringing 
accessory to an article is not infringed by importing the accessory with the article. IPlNllIAUS/CIl 
Page 175 
(2) Section 38 does not apply to a copy of a work, being a copy that is on, or 
embodied in, a non-infringing accessory to an article, if the importation of the 
accessory is not an infringement of copyright in the work. 
9 Section 102 
Omit "section 112A", substitute "sections 112A and 112C". 
10 At the end of section 102 
Add: 
(2) In relation to an accessory to an article that is or includes a copy of subject­
matter in which copyright subsists by virtue of this Part, being a copy that was made 
\vithout the licence of the owner of the copyright in the country in which the copy 
\vas made, subsection (1) has effect as if the words "the importer knew, or ought 
reasonably to have known, that" \vere omitted. 
11 Subsection 103(1) 
Omit "section 112A", substitute "sections 112A and 112C". 
12 After section 1128 
Add: 
112C Copyright subsisting in accessories etc. to imported articles 
(1) The copyright in: 
(a) a published edition of a work a reproduction of which is on, or embodied 
in, a non-infringing accessory to an article; or 
(b) a cinematograph film a copy of which is a non-infringing accessory to 
an article; or 
(c) a sound recording a record ofvv'hich is a non-infringing accessory to an 
article; 
is not infringed by importing the accessory with the article. 
(2) Section 103 does not apply to: 
(a) a reproduction of a published edition of a work, being a reproduction 
that is on, or embodied in, a non-infringing accessory to an article; or 
(b) a copy of a cinematograph film, being a copy that is a non-infringing 
accessory to an article; or 
(c) a record embodying a sound recording, being a record that is a non-
infringing accessory to an article; 
if the importation of the accessory is not an infringement of cop)Tight in the edition, 
film or recording, as the case may be. 
Schedule 3-Conversion and detention 
Copyright Act 1968 
1 Subsection 10(1) 
Insert: 
device includes a plate. 
2 Subsection 116(1) 
Repeal the subsection, substitute: 
(1) The owner of the copyright in a work or other subject-matter may bring an 
action for conversion or detention in relation to: 
(a) an infringing copy; or 
(b) a device used or intended to be used for making infringing copies. IP/N/II AUS/CIl 
Page 176 
(1 A) In an action for conversion or detention, a court may grant to the owner 
of the copyright all or any of the remedies that are available in such an action as if: 
(a) the owner of the copyright had been the owner of the infringing copy 
since the time the copy \vas made; or 
(b) the owner of the copyright had been the owner of the device since the 
time when it was used or intended to be used for making infringing copies. 
(1 B)Any re lief granted by a court in an action for conversion or detention is in 
addition to any relief that the court may grant under section 115. 
(1 C)A court is not to grant any relief to the owner of the copyright in an action for 
conversion or detention if the relief that the court has granted or proposes to grant 
under section 115 is, in the opinion of the court, a sufficient remedy. 
(1 D) In deciding whether to grant relief in an action for conversion or 
detention and in assessing the amount of damages payable, the court" may have 
regard to the following: 
(a) the expenses incurred by the defendant, being a person who marketed or 
otherwise dealt with the infringing copy, in manufacturing or acquiring the 
infringing copy; 
(b) whether the expenses were incurred before or after the infringing copy 
was sold or otherwise disposed of by the defendant; 
(c) any other matter that the court considers relevant. 
(1 E) If the infringing copy is an article of which only part consists of material that 
infringes copyright, the court, in deciding whether to grant relief and in assessing 
the amount of damages payable, may also have regard to the following: 
(a) the importance to the market value of the article of the material that 
infringes the copjTight; 
(b) the proportion the material that infringes copyright bears to the article; 
(c) the extent to which the material that infringes copyright may be 
separated from the article. 
3 Paragraph 11S(2)(c) 
Omit "plate", substitute "device". 
4 Application 
The amendments made by items 1, 2 and 3 do not apply to an action for conversion or 
detention brought before the commencement of this Schedule. 
Schedule 4-Copying for the services of the 
Commonwealth, State and Territory 
Governments 
Copyright Act 1968 
1 At the beginning of Division 3 of Part VI 
Insert: 
148 Interpretation 
In this Division: 
copyright material, government and government copy have the same meanings as 
in Division 2 of Part VII. 
2 After section 1530 
Insert: 
153E Applications to Tribunal under subsection 183(5) IP/N/l/AUS/CIl 
Page 177 
(1) The parties to an application to the Tribunal under subsection 183(5) for the 
fixing of the terms for the doing of an act comprised in a copyright where the act is 
done for the services of the Commonwealth or a State are: 
(a) the Commonwealth or the State, as the case may be; and 
(b) the owner of the copyright. 
(2) If an application is made to the Tribunal under subsection 183(5), the Tribunal is 
to consider the application and, after giving the parties to the application an 
opportunity of presenting their cases, is to make an order fixing the terms for the 
doing of the act. . 
153F Applications to Tribunal to declare collecting society for government copies 
(1) A company limited by guarantee may apply to the Tribunal for a declaration that 
the company be a collecting society for the purposes of Division 2 of Part VII. 
(2) The parties to the application are the applicant and any person made a party by 
the Tribunal. 
(3) The Tribunal may make a person a party if: 
(a) the person asks to be made a party; and 
(b) the Tribunal thinks that the person has a sufficient interest in either or 
both of the following questions: 
(i) whether the applicant should be declared to be a collecting 
society; 
(ii) whether any current declaration of a company as a collecting 
society should be revoked. 
(4) After giving each party an opportunity of presenting its case, the Tribunal must: 
(a) declare the applicant to be a collecting society for the purposes of 
Division 2 of Part VII; or 
(b) reject the application. 
(5) A declaration ofa company as a collecting society for the purposes of Division 2 
of Part VII may be a declaration in relation to: 
(a) all government copies; or 
(b) a specified class of government copies. 
(6) The Tribunal may only declare the applicant to be a collecting society if the 
Tribunal is satisfied: 
(a) that the applicant is a company limited by guarantee incorporated under 
a law in force in a State or Territory relating to companies; and 
(b) in the case of an application for a declaration in relation to all 
government copies, that the applicant's rules permit the owner, or the agent of 
the owner, of the copyright in any copyright material to become a member; 
and 
(c) in the case of an application for a declaration in relation to a class of 
government copies, that the applicant's rules permit the owner, or the agent of 
the owner, of the copyright in any copyright material a reproduction of which 
in accordance with section 183 would be within that class to become a 
member; and 
(d) that the applicant's rules prohibit the payment of dividends to its 
members; and 
(e) that the applicant's rules contain such provisions about all of the 
following matters as are adequate for the protection of its members: 
(i) the collection of remuneration payable under section 183A; IPlNllIAUS/CIl 
Page 178 
(ii) the payment of administrative costs of the collecting society out 
of remuneration it collects; 
(iii) the distribution of remuneration the collecting society collects; 
(iv) the collecting society holding on trust remuneration for owners 
of copyright in copyright material who are not members of the society; 
(v) access to the collecting society's records by its members; and 
(f) that the applicant's rules contain such other provisions as are required by 
the regulations to be included for the protection of members of the society. 
(7) A declaration must specify the day on which if takes effect. 
(8) If the Tribunal makes a declaration under this section, the Secretary to the 
Tribunal must publish the declaration in the Gazette. 
153G Applications to Tribunal to revoke a declaration of a collecting society 
(1) Any of the following persons may apply to the Tribunal for the revocation of a 
declaration under section 153F: 
(a) the collecting society; 
(b) a member of the collecting society; 
(c) a government. 
(2) The parties to an application are: 
(a) the applicant for revocation of the declaration; and 
(b) if the collecting society is not the applicant for revocation of the 
declaration-the collecting society; and 
(c) any person made a party by the Tribunal. 
(3) The Tribunal may make a person a party if: 
( a) the person asks to be made a party; and 
(b) the Tribunal thinks that the person has a sufficient interest in the 
question whether the declaration of the collecting society should be revoked. 
(4) After giving each party an opportunity of presenting its case, the Tribunal must: 
(a) revoke the declaration of the collecting society; or 
(b) reject the application. 
(5) The Tribunal may only revoke the declaration of a company as the collecting 
society if the Tribunal is satisfied that the company: 
(a) is not functioning adequately as the collecting society; or 
(b) is not acting in accordance with its rules or in the best interests of its 
members who own copyright in copyright material or who are agents of 
copyright o\\ners; or 
(c) has altered its rules so that they no longer comply with anyone or more 
of paragraphs 153F(6)(b) to (f); or 
(d) has contravened section 183D or 183E (dealing with reporting and 
accounting, and alteration of rules). 
(6) A revocation must specify the day on which it takes effect. 
(7) If the Tribunal revokes the declaration of the collecting society, the Secretary to 
the Tribunal must publish notice of the revocation in the Gazette. 
153H Time limit for deciding applications under section 153F or 153G 
(1) The Tribunal must make its decision on an application under section 153F or 
153G within 6 months after the conclusion of the hearing of the application. 
(2) The 6 months time limit in subsection (1) does not apply if the Tribunal thinks 
that the matter cannot be dealt with properly within that period of 6 months, whether 
because of its complexity or because of other special circumstances. IPlNllIAUS/CIl 
Page 179 
(3) If subsection (2) applies, the Tribunal must tell the applicant before the end of 
the 6 months period that the matter cannot be dealt with properly within that period. 
153J Amendment and revocation of a declaration on the declaration of another 
collecting society 
(1) If: 
(a) 
and a declaration (the previous declaration) is in force under section 153F; 
(b) the Tribunal, under that section, declares another company to be the 
collecting society for the purposes of Division 2 of Part VII in relation to a 
class of government copies that includes some of the government copies to 
which the previous declaration relates; 
the Tribunal must amend the previous declaration so as to exclude from the 
government copies to which it relates all government copies to which the 
declaration of the company referred to in paragraph (b) relates. 
(2) An amendment of a declaration under subsection (1) takes effect when the 
declaration of the company referred to in paragraph (l)(b) takes effect. 
(3) If: 
(a) 
and 
(b) a declaration (the previous declaration) is in force under section 153F; 
the Tribunal makes another declaration under that section in relation to: 
(i) all government copies; or 
(ii) a class of government copies that includes all government copies 
to which the previous declaration relates; 
the Tribunal must revoke the previous declaration. 
(4) The revocation of a dec laration under subsection (3) takes effect when the 
declaration referred to in paragraph (3)(b) takes effect. 
(5) The Secretary to the Tribunal must publish in the Ga=ette notice of an 
amendment or revocation made under this section. 
153K Applications to Tribunal for method of \yorking out payment for government 
copies 
(l) A collecting society or a government may apply to the Tribunal for an order 
determining the method for \'lorking out remuneration payable under subsection 
183A(2) for government copies made for the services of the government in a 
particular period. 
(2) The parties to an application are the collecting society and the government. 
(3) After giving each party an opportunity of presenting its case, the Tribunal must 
make an order determining the method. 
Note: Subsection 183A(3) sets out matters that the method must provide for. Subsection 183A(4) 
sets out matters that the method may pro .... ide for. 
(4) An order may also specify how and when payments of the amount worked out 
using the method determined are to be made. 
3 After the heading to Part VII 
Insert: 
Division I-Crown copyright 
4 After section 182A 
Insert: 
Division 2-Use of copyright material for the Crown 
182B Definitions IP/N/I/AUS/C/l 
Page 180 
(I) Subject to subsection (2), in this Division: 
collecting society means a company in respect of which a declaration is in force 
under section 153F. 
copyright material means: 
(a) a work; or 
(b) a published edition of a work; or 
( c) a sound recording; or 
(d) a cinematograph film; or 
(e) a television or sound broadcast; or 
(f) a work that is included in a sound recording, a cinematograph film or a 
television or sound broadcast. 
government means the Commonwealth or a State. 
Note: State includes the Australian Capital Territory, the Northern Territory and Norfolk Island: 
see paragraph 10(3)(n). as modified by the A.C.T. Self-Government (Consequential 
Provisions) Regulations (Amendment) (Statutory Rules 1989 No. 392). 
government copy means a reproduction in a material form of copyright material 
made under subsection 183( 1). 
(2) A reference in subsection (1) to a work does not include a reference to a literary 
\vork that consists of a computer program or a compilation of computer programs. 
IS2e Relevant collecting society 
A company is the relevant collecting society in relation to a government copy if 
there is in force, under Division 3 of Part VI, a declaration of the company as the 
collecting society for the purposes of this Division in relation to: 
(a) all government copies; or 
(b) a class of government copies that includes the first-mentioned 
government copy. 
5 At the end of Part VII 
Add: 
I83A. Special arrangements for copying for services of government 
(1) Subsections 183(4) and (5) do not apply in relation to a government copy 
(whenever it was made) if a company is the relevant collecting society for the 
purposes of this Division in relation to the copy and the company has not ceased 
operating as that collecting society. 
(2) If subsection 183(5) does not apply to government copies made in a particular 
period for the services of a government, the government must pay the relevant 
collecting society in relation to those copies (other than excluded copies) equitable 
remuneration worked out for that period using a method: 
(a) agreed on by the collecting society and the government; or 
(b) if there is no agreement-deterrnined by the Tribunal under section 
153K. 
(3) The method of working out equitable remuneration payable to a collecting 
society in respect of government copies (other than excluded copies) for a period 
must: 
(a) take into account the estimated number of those copies made for the 
services of the government during the period, being copies in relation to \vhich 
the society is the relevant collecting society; and 
(b) specify the sampling system to be used for estimating the number of 
copies for the purposes of paragraph (a). IPlNll/AUS/C/l 
Page 181 
(4) The method of working out the equitable remuneration payable may provide for 
different treatment of different kinds or classes of government copies. 
(5) Subsections (3) and (4) apply whether the method is agreed on by the collecting 
society and the government or is determined by the Tribunal. 
(6) In this section: 
excluded copies means government copies in respect of which it appears to the 
government concerned that it would be contrary to the public interest to disclose 
information about the making of the copies. 
183B Payment and recovery of equitable remuneration payable for government 
copies 
(1) Equitable remuneration payable to a collecting society under subsection 183A(2) 
must be paid: 
(a) in the manner, and at the times, agreed on by the collecting society and 
the government; or 
(b) if the Tribunal has made an order under subsection 153K(3) specifying 
how and when payments are to be made-in the manner, and at the times, 
specified in the order. 
(2) If equitable remuneration is not paid in accordance with the agreement or the 
Tribunal's order, the collecting society may recover the remuneration as a debt due 
to the society in a court of competent jurisdiction. 
183C Po,","ers of collecting society to carry out sampling 
(1) This section applies if the method of\vorking out equitable remuneration 
payable under subsection 183A(2) for government copies made for the services of a 
government has been agreed on by the government and the relevant collecting 
society or has been detennined by the Tribunal. 
(2) The collecting society may give written notice to the government that the society 
wishes to carry out sampling in accordance \vith the method during a specified 
period at specified premises occupied by the government. The period specified must 
not start earlier than 7 days after the day on \vhich the notice is given. 
(3) The government may give the collecting society a written objection, based on 
reasonable grounds, to the proposal to carry out sampling during the period, or at 
the premises, specified in the notice. However, if it does so, the notice of objection 
must propose an alternative period during which, or alternative premises at which, 
as the case may be, sampling may be carried out. 
(4) If the government gives the collecting society an objection, sampling may not be 
carried out during the period, or at the premises, to which the objection relates 
unless the objection is withdrawn. 
(5) If the government has not objected, or has withdrawn any objection it made, 
before or during the specified period, a person authorised in \\Titing by the society 
may, during that period, enter the premises specified in the notice and carry out 
sampling in accordance with the method on any ordinary working day for 
government staff who work in the premises. 
(6) The government must take reasonable steps to ensure that the person who 
attends at the premises is given all reasonable and necessary facilities and assistance 
for carrying out the sampling. 
183D Annual report and accounts of collecting society 
(l) As soon as practicable after the end of each financial year, a company that was a 
collecting society during any part of the year must prepare a report of its operations IP/N/II AUSICII 
Page 182 
as a collecting society during the year and send a copy of the report to the Attorney­
General. 
(2) A collecting society must keep accounting records correctly recording and 
explaining the transactions of the society (including any transactions as trustee) and 
the financial position of the society. 
(3) Accounting records must be kept in a manner that will enable true and fair 
accounts of the society to be prepared from time to time and to be conveniently and 
properly audited. 
(4) As soon as practicable after the end of each firiancial year, a company that was a 
collecting society during any part of the year must: 
(a) have its accounts audited by an auditor who is not a member of the 
society; and 
(b) give a copy of the audited accounts and the auditor's report on the audit 
to the Attorney-General. 
(5) The Attorney-General must cause a copy of a document given to the Attomey­
General under subsection (1) or paragraph (4)(b) to be laid before each House of the 
Parliament within 15 sitting days of that House after the Attorney-General received 
the document. 
(6) A collecting society must give its members reasonable access to copies of: 
(a) all reports and audited accounts prepared by it under this section; and 
(b) all auditors' reports on the audit of the accounts. 
(7) This section does not affect any obligations of a collecting society relating to the 
preparation and lodging of annual returns or accounts under the la\v under which it 
is incorporated. 
183E Alteration of rules of collecting society 
If a collecting society alters its rules, it must give a copy of the altered rules, 
together with a statement of the effects of, and reasons for, the alteration, to the 
Attorney-General and the Tribunal within 21 days after the day on which the 
alteration was made. 
6 Application 
(1) If: 
(a) a government copy was made before the first declaration of a collecting 
society in relation to a government copy of the same kind was made under 
section lS3F of the Copyright Act 1968; and 
(b) apart from this item, the owner of the relevant cop)Tight would have 
been entitled to the benefit of terms agreed on, or fixed, under subsection 
183(5) of that Act; and 
(c) any pa)ment due under terms referred to in paragraph (b) has not been 
made; 
section 183A has effect as if: 
(d) section 153F of the Copyright Act 1968 and Division 2 of Part VII of 
that Act had been in force \vhen the copy was made; and 
(e) the company the subject of the first declaration under section 153F of 
that Act in relation to a government copy of the same kind had been the 
relevant collecting society in relation to the copy when the copy was made; 
and 
(f) the company had not ceased operating as a collecting society when the 
copy was made. IPlNllIAUS/C/1 
Page 183 
"(2) Section 183A has effect in accordance with subsection (1) whether or not the company 
referred to in paragraph (l)(e) was the agent of the owner of the copyright involved. 
Schedule 5-People with an intellectual disability and 
people with a print disability 
Copyright Act 1968 
1 Subsection 10(1) (definition of handicapped reader) 
Repeal the definition. . 
2 Subsection 10(1) (definition of institution assisting handicapped readers) 
Repeal the definition. 
3 Subsection 10(1} (definition of institution assisting intellectually 
handicapped persons) 
Repeal the definition. 
4 Subsection 10(1) 
Insert: 
institlltion assisting persons with an intellectual disability means: 
(a) an educational institution; or 
(b) any other institution which has as its principal function, or one or its 
principal functions, the provision of assistance to persons with an intellectual 
disability and in relation to \vhich a declaration under paragraph IOA(I)(d) is 
in force. 
S Subsection 10(1) 
Insert: 
institlltion assisting persons with a print disability means: 
(a) an educational institution; or 
(b) any other institution which has as its principal function, or one of its 
principal functions, the provision of literary or dramatic works to persons with 
a print disability and in relation to which a declaration under paragraph 
1 OA( 1)( c) is in force. 
6 Subsection 10(1) 
Insert: 
person with a print disability means: 
(a) a person without sight; or 
(b) a person whose sight is severely impaired; or 
( c) a person unable to hold or manipulate books or to focus or move his or 
her eyes; or 
(d) a person with a perceptual disability. 
7 Subsection 10(3) 
Omit "intellectually handicapped persons" (wherever occurring), substitute "persons with 
an inteIlectual disability". 
8 Subsection 1 0(3) 
Omit "an intellectually handicapped person's copy" (wherever occurring), substitute "a 
copy for a person with an intellectual disability". 
9 Paragraph 1 O(3)(f) 
Omit "handicapped readers", substitute "persons with a print disability". 
10 Paragraph 10(3)(h) 
Repeal the paragraph, substitute: IP/N/1/ AUS/C/I 
Page 184 
(h) a reference to a copy of a work, or of a part of a work, for a person with 
a print disability is taken to be a reference to: 
(i) a record embodying a sound recording of the 'vork, or of the part 
of the work, being a record made by, or on behalf of, the body 
administering an institution assisting persons with a print disability and 
so made for the sole purpose of use in the provision, whether by the 
institution or otherwise, of assistance to a person or persons with a print 
disability; or 
(ii) a Braille version, large-print version or photographic version of 
the ,York, or of the part of the work, being a Braille version, large-print 
version or photographic version, as the case may be, made by, or on 
behalf of, the body administering an institution assisting persons with a 
print disability and so made for the sole purpose of use in the provision, 
whether by the institution or otherwise, of assistance to a person or 
persons with a print disability; 
11 Paragraph 10(3)(ha) 
Omit "an intellectually handicapped person or persons", substitute "a person or persons 
with an intellectual disability". 
12 Subparagraph 1 O(3){m)(i) 
Omit "handicapped reader's copy", substitute "copy for a person with a print disability". 
13 Paragraph 10A(1)(c) 
Omit "handicapped readers", substitute "persons with a print disability". 
14 Paragraph 10A(1)(d) 
Omit "intellectually handicapped persons", substitute "persons with an intellectual 
disability" . 
15 Section47A (except paragraph (11)(b)) 
Omit "print-handicapped radio licence" (wherever occurring)~ substitute "print disability 
radio licence". 
Note: The heading to section 47A is altered by omitting "print-handicapped radio licences" and substituting 
"print dis3bility radio licences". 
16 Paragraph 47A(11){b) 
Omit "print-handicapped radio licence", substitute ''print disability radio licence". 
17 Section 112 
Omit "handicapped reader's copy or an intellectually handicapped person's copy" 
(v.,.-herever occurring), substitute "copy for a person \vith a print disability or a copy for a 
person with an intellectual disability". 
18 Subparagraph 112(b)(ii) 
Omit "handicapped readers' copies or intellectually handicapped persons' copies", 
substitute "copies for persons with a print disability or copies for persons with an 
intellectual disability". 
19 Section 135A (paragraph (b) of the definition of institution) 
Omit "intellectually handicapped persons", substitute "persons with an intellectual 
disability" . 
20 Paragraph 135E(1)(c) 
Omit "intellectually handicapped persons" (wherever occurring), substitute "persons with 
an intellectual disability". 
21 Section 135F IPIN/lIAUS/C/1 
Page 185 
Omit "intellectually handicapped persons" (wherever occurring), substitute "persons with 
an intellectual disability". 
22 Paragraph 135U(1)(d) 
Omit "intellectually handicapped persons" (wherever occurring), substitute "persons with 
an intellectual disability". 
23 Section 135ZB (paragraph (b) of the definition of institution) 
Omit "handicapped readers", substitute "persons with a print disability". 
24 Section 135ZB (paragraph (c) of the definitiory of institution) 
Omit "intellectually handicapped persons", substitute "persons with an intellectual 
disability" . 
25 Section 135ZB (paragraph (b) of the definition of licensed copy) 
Omit "handicapped readers", substitute "persons with a print disabi_lity". 
26 Section 135ZB (paragraph (c) of the definition of licensed copy) 
Omit "intellectually handicapped persons", substitute "persons with an intellectual 
disability" . 
27 Paragraph 135ZC(e} 
Omit "handicapped readers", substitute "persons with a print disability". 
28 Division 3 of Part VB (heading) 
Repeal the heading: substitute: 
Division 3-Copying of \vorks by institutions assisting persons \vith a 
print disability 
29 Section 135ZN 
Omit "handicapped readers" (wherever occurring), substitute "persons \vith a print 
disability" . 
Not~: The heading to section 135ZN is altered by omitting "handicapped readers" and substituting "persons with 
a print disability". 
30 Section 135ZP 
Omit "handicapped readers" (wherever occurring), substitute "persons \\lith a print 
disability" . 
Note: The heading to section 135ZP is altered by omitting "handicapped readers" and substituting "persons with 
a print disability". 
31 Paragraph 135ZP(1)(b) 
Repeal the paragraph, substitute: 
(b) each record is made solely for the purpose of use in the provision, 
whether by the institution or otherwise, of assistance to persons with a print 
disability; and 
32 Paragraph 135ZP(2){b) 
Repeal the paragraph, substitute: 
(b) each version is made solely for the purpose of use in the provision, 
whether by the institution or otherwise, of assistance to persons with a print 
disability; and 
33 Section 135ZQ 
Omit "handicapped readers" (wherever occurring), substitute "persons with a print 
disability" . 
Note: The heading to section 135ZQ is altered by omitting "handicapped readers" and substituting "persons with 
a print disability". 
34 Subsection 135ZQ(1) 
Omit "handicapped reader's". IP/N/l/ AUS/e/1 
Page 186 
"35 At the end of subsection 135ZQ(1) 
Add ", for a person with a print disability". 
36 Paragraph 135ZQ(2){b) 
Repeal the paragraph, substitute: 
(b) the relevant reproduction is used otherwise than in the making by, or on 
behalf of, that body, of a copy of the work, or of a part of the work, as the case 
may be, for a person with a print disability; 
37 After subsection 135ZQ(4) 
Insert: 
(4A) Subsection (1) is to be taken never to have applied to the making of a 
relevant reproduction of a work, or of a part of a \vork, if, within 3 months after the 
relevant reproduction was made, the body by whom, or on whose behalf, the 
relevant reproduction was made has not given to a collecting society (if any) a 
notice of the making of the relevant reproduction. 
(4B)The notice referred to in subsection (4A) must be in \\'Titing and must specify: 
(a) the name of the body; and 
(b) the work, or the part of the work, reproduced; and 
(c) the date on which the reproduction was made. 
(4C)The copyright in a published literary or dramatic work is infringed by a person 
who does any of the acts specified in section 38 in relation to a relevant 
reproduction of a work, or of a part of a work, if the person knows, or ought 
reasonably to have known, that the reproduction \vas made solely for use in the 
making by, or on behalf of, a body administering an institution assisting persons 
with a print disability of a copy of the work, or of a part of the work, as the case 
may be, for a person with a print disability. 
38 Division 4 of Part VB (heading) 
Repeal the heading, substitute: 
Division 4-Copying of ,yorks etc. by institutions assisting persons ,vith 
an intellectual disability 
39 Section 135ZR 
Omit "intellectually handicapped persons" (wherever occurring), substitute "persons with 
an intellectual disability". 
1':ote: The heading to section 135ZR is altered by omitting "intellectually handicapped persons" and substituting 
"persons with an intellectual disability". 
40 Subsection 135ZS(1) 
Omit "intellectually handicapped persons" (wherever occurring), substitute "persons with 
an intellectual disability". 
Note: The heading to section 135Z5 is altered by omitting "intellectually handicapped persons" and substituting 
"persons with an intellectual disability". 
41 Section 135ZT 
Omit "intellectually handicapped personslt (wherever occurring), substitute "persons \\lith 
an intellectual disability". 
Note: The heading to section 135ZT is altered by omitting "intellectually handicapped person's copies" and 
substituting "copies for a person with an intellectual disability". 
42 Subsection 135ZT(1) 
Omit "an intellectually handicapped person's", substitute "a". 
43 At the end of subsection 135ZT(1) 
Add ", for a person with an intellectual disability". '44 Paragraph 13SZT(2)(b) 
Repeal the paragraph, substitute: IPINIIIAUS/CIl 
Page 187 
(b) the copy is used otherwise than in the making by, or on behalf of, that 
body of a copy of the whole or the part of the eligible item or broadcast, as the 
case may be, for a person with an inteIIectual disability; 
45 Subsection 135ZZF(2) 
Omit "handicapped readers", substitute "persons with a print disability". 
46 Subsection 135ZZF(3) . 
Omit "intellectually handicapped persons", substitute "persons with an intellectual 
disability" . 
47 Section 135ZZG 
Omit "handicapped reader's". 
48 Section 135ZZG 
After "work", insert "for a person with a print disability". 
49 Section 135ZZG 
Omit "an intellectually handicapped person's", substitute "a". 
50 Section 135ZZG 
After "item", insert "for a person with an intellectual disability". 
51 Subsection 149A(3) 
Omit "for the making of the sound broadcast, copy, handicapped reader's copy, or 
intellectually handicapped person's copy, as the case requires". 
52 Subsection 19SA(3) 
Omit "handicapped readers" (wherever occurring), substitute "persons with a print 
disability" . 
53 Subsection 19SA(3) 
Omit "intellectually handicapped persons" (\vherever occurring), substitute "persons with 
an intellectual disability". 
54 Section 200AA 
Omit "intellectually handicapped persons", substitute "persons \vith an intellectual 
disability". 
Note: The heading to section 200AA. is altered by omitting "intellectually handicapped persons" and substituting 
"persons with an intellectual disability". 
55 Subsection 248A(1) (paragraph (d) of the definition of exempt 
recording) 
Omit "handicapped readers" (wherever occurring), substitute "persons with a print 
disability" . 
56 Subsection 248A(1) (paragraph (e) of the definition of exempt 
recording) 
Omit "intellectually handicapped persons" (wherever occurring), substitute "persons with 
an intellectual disability". 
Schedule 6-Copying of works etc. by institutions 
Copyright Act 1968 
1 Section 135A (definition of student) 
Repeal the definition. 
2 Section 135C 
Repeal the section. IPfNIlI AU S leI 1 
Page 188 
°3 After sUbsection 135H(1) 
Insert: 
(lA) If a determination has been made by the Tribunal under subsection (1), 
either the administering body or the collecting society may, at any time after 12 
months from the day on which the determination was made, apply to the Tribunal 
under that subsection for a new determination of the amount of equitable 
remuneration payable to the collecting society by the administering body for the 
making, by or on behalf of that body, of a copy of a broadcast. 
4 Subsection 135J(1) . 
Omit "per student of the institution concerned". 
5 After subsection 135J(1) 
Insert: 
(lA) If a determination has been made by the Tribunal under subsection (1), 
either the administering body or the collecting society may, at any time after 12 
months from the day on which the determination was made, apply to the Tribunal 
under that subsection for a new determination of the amount of equitable 
remuneration payable to the collecting society by the administering body for copies 
of broadcasts made by or on behalf of that body. 
6 Subsection 135J(4) 
Omit "and different classes of students of an institution administered by it". 
7 Subsection 135N(2) 
Repeal the subsection. 
8 Section 135ZB (definition of student) 
Repeal the definition. 
9 Section 135Z0 
Repeal the section. 
10 At the end of section 135ZM 
Add: 
(2) If: 
(a) any remuneration is paid under this Part in respect of a page of a 
document that is: 
(i) a copy of the whole or a part of an article (other than a part that 
is an artistic work) contained in a periodical publication; or 
(ii) a copy of the whole or a part of a literary or dramatic work 
contained in a published anthology of works; or 
(iii) a copy of the whole or a part of a literary, dramatic or musical 
work other than an article contained in a periodical publication; and 
(b) the making of the page is not an infringement of the copyright in the 
article or work because of section 135ZJ, 135ZK or 135ZL; and 
(c) the page includes an artistic work or artistic works provided for the 
purpose of explaining or illustrating the article or ,york; 
the following paragraphs apply: 
(d) one-half of the remuneration paid in respect of the making of the page is 
to be paid to the owner, or divided equally among the o\\ners, of the copyright 
in the literary, dramatic or musical work or works which, or a part of which, 
appear on the page; and IPlNllI AUSICII 
Page 189 
(e) one-half of that remuneration is to be paid to the owner, or divided 
equally among the owners, of the copyright in the artistic work or artistic 
works which, or a part of which, appear on the page. 
11 After subsection 135ZV(1) 
Insert: 
(IA) If a determination has been made by the Tribunal under subsection (1), 
either the administering body or the collecting society may, at any time after 12 
months from the day on which the determination was made, apply to the Tribunal 
under that subsection for a new determination of the amount of equitable 
remuneration payable to the collecting society by the administering body for each 
licensed copy made by or on behalf of that body. 
12 Subsection 135ZW(1) 
Omit "per student of the institution concerned". 
13 After subsection 135ZW(1) 
Insert: 
(lA) Ifa determination has been made by the Tribunal under subsection (1), 
either the administering body or the collecting society may, at any time after 12 
months from the day on which the determination was made, apply to the Tribunal 
under that subsection for a new determination of the amount of equitable 
remuneration payable to the collecting society by the administering body for 
licensed copies made by or on behalf of that body. 
14 Subsection 135ZW(4) 
Omit "and different classes of students of an institution administered by it". 
15 Subsection 135ZZA(2) 
Repeal the subsection. 
16 Section 153A 
Omit "television" (wherever occurring). 
17 Subsection 153A(2) 
Omit "per copy or per student of the relevant institution, as the case may be,". 
18 Paragraph 153A(3){a) 
Omit Itseen and heard", substitute "heard, or seen and heard, as the case may be". 
19 Subsection 153A(5) 
Repeal the subsection, substitute: 
(5) In this section, administering body, broadcast, collecting society and institution 
have the same meanings as in Part VA. 
20 Subsection 153C(2) 
Omit "per licensed copy, or per student of the relevant institution, as the case may be,". 
21 Subsection 153C(5) 
Repeal the subsection, substitute: 
(5) In this section, administering body, collecting society, institution and licensed 
copy have the same meanings as in Part VB. 
Schedule 7-Copyright Tribunal 
Copyright Act 1968 
1 Subsection 136(1) 
Insert: 
Deputy President means a Deputy President of the Tribunal. IP/NIlIAUS/CI 1 
Page 190 
-2 Subsection 136(1) (definition of member) 
Omit "the Deputy President", substitute "a Deputy President". 
3 Subsection 136(1) (definition of party) 
Repeal the definition. 
4 Subsection 136(1) (definition of proceeding) 
Repeal the definition. 
S Subsection 136(1) (definition of the Deputy President) 
Repeal the definition. 
6 Section 138 
Omit ", a Deputy President and such", substitute "and such number of Deputy Presidents 
and". 
7 Subsection 140(1) 
Omit Itor as the Deputy President". 
8 After subsection 140(1) 
Insert: 
CIA) A person is not to be appointed as a Deputy President unless he or she is, 
or has been, a Judge of a federal court or of the Supreme Court of a State or 
Territory. 
9 Subsection 140(2) 
Omit "the Deputy President", substitute Ita Deputy President". 
10 Subsection 141(2) 
Omit "or the Deputy President". 
11 After section 141 
Insert: 
141A Seniority of Deputy Presidents 
(1) The Deputy Presidents have seniority as Deputy Presidents according to the 
dates of their first appointment to the Tribunal, or, if2 or more Deputy Presidents 
were appointed on the same day, according to the precedence assigned to them in 
their instruments of appointment. 
(2) At any time when only one person is holding office as a Deputy President, any 
reference in this Part to 'the senior Deputy President' is to he taken to be a reference 
to the Deputy President. 
12 Section 142 
Repeal the section, substitute: 
142 Acting President 
The Governor-General may appoint the senior Deputy President available to act in 
the office of President: 
(a) during a vacancy in that office; or 
(b) during any period when the person holding that office is absent from 
duty or from Australia or is, for any other reason, unable to perfonn the 
functions of that office. 
13 Paragraph 146(4)(b) 
Omit "the Deputy President shall preside", substitute "the senior Deputy President who is 
present is to preside". 
14 Subsection 146(5) 
Omit "Deputy President", substitute "senior Deputy President who is present". 
15 Subsection 146(8) Omit "the Deputy President", substitute Ita Deputy President". 
16 Subsection 167(2) 
After "member", insert "or the Secretary to the Tribunal". IPlNllIAUS/C/l 
Page 191 
Schedule a-Imported copies of copyright material 
Copyright Act 1968 
1 Section 1348 
Insert: 
CEO means the Chief Executive Officer of Customs. 
2 Section 1348 (definition of Comptroller-General) 
Repeal the definition. 
3 Section 1348 
Insert: 
copy, in relation to copyright material, means: 
(a) if the copyright material is a work-an article in which the work is 
embodied; or 
(b) if the copyright material is a sound recording, or a sound broadcast as 
recorded in a sound recording-a record embodying the sound recording; or 
(c) if the cop)Tight material is a cinematograph film or a television 
broadcast as recorded in a cinematograph film-an article in \vhich the visual 
images or sounds comprising the film are embodied; or 
(d) if the copyright material is a published edition of a work-an article in 
which the edition is embodied. 
4 Section 1348 
Insert: 
inzporter, in relation to copies of copyright material, includes a person who or \\ihich 
is, or holds himself, herself or itself out to be, the o\vner or importer of the goods 
comprising the copies. 
5 Section 135 
Omit "Comptroller-General" (wherever occurring), substitute "CEO". 
6 Subsection 135(3) 
Repeal the subsection, substitute: 
(3) A notice under subsection (2): 
(a) is to be given together with any prescribed document; and 
(b) is to be accompanied by the prescribed fee (if any). 
7 Subsection 135(5) 
After "subsection (6)", insert "or declared to be ineffective under subsection (6A)". 
8 After subsection 135(6) 
Insert: 
(6A) If the CEO believes, on reasonable grounds, that it is no longer 
appropriate to give effect to a notice given under subsection (2), the CEO may, by 
writing, declare the notice to be ineffective. 
Note: Subsection 195B(3) requires the CEO to notify the person who gave the notice of the 
decision declaring the notice to be ineffective. 
9 Paragraph 135(7)(b) 
Omit "withdrawn", substitute "declared to be ineffective or revoked". 
10 Subsection 135(9) IP/N/l/ AUS/CIl 
Page 192 
Omit "section", substitute "Division". 
11 Subsection 135(10) 
Repeal the subsection, substitute: 
(10) This Division does not apply to the importation into Australia of copies of 
copyright material whose importation does not constitute an infringement of 
copyright because of section 44A or 1 12A. 
12 After subsection 135(10) 
Insert: 
(lOA) This Division does not apply to the importation into Australia of copies 
of copyright material whose importation does not constitute an infringement of 
cop)Tight because of section 44C or 112C. 
13 Section 135AA 
Omit "Comptroller-General" (wherever occurring), substitute "CEO". 
14 Section 135AB 
Omit "Comptroller-General", substitute "CEO". 
15 Section 135AC 
Omit "Comptroller-General" (wherever occurring), substitute "CEO". 
16 Subsection 135AC(2) 
Repeal the subsection, substitute: 
(2) A notice under subsection (1) must also state: 
(a) if it is given to the objector-the name, and (ifkno\\n) the address of the 
place of business or residence, of the importer; and 
(b) if it is given to the importer-the name, and the address of the place of 
business or residence, of: 
(i) the objector; or 
(ii) if the objector has nominated a person to be the objector's agent 
or representative for the purposes of this Division-that person; and 
(c) in each case-that the copies will be released to the importer unless: 
(i) an action for infringement of copyright in relation to the copies 
is instituted by the objector within a specified period from the day 
specified in the notice; and 
(ii) a written notice stating that the action has been instituted is 
given to the CEO within that period. 
17 Subsection 135AC(3) 
Omit "paragraph (2)(a)", substitute "subparagraph (2)(c)(i)". 
18 Subsection 135AC(4) 
Omit "paragraph (2)(a)", substitute "subparagraph (2)(c)(i)". 
19 Subsection 135AC(5) 
Omit "paragraph (2)(a)", substitute "subparagraph (2)(c)(i)". 
20 At the end of section 135AC 
Add: 
(8) The CEO may, at any time after the copies are seized, give to the objector: 
(a) the name, and the address of the place of business or residence, of the 
person or body that made the arrangements, on behalf of the importer, for the 
copies to be brought to Australia or any information that the CEO has, and 
believes on reasonable grounds may help in identifying and locating that 
person or body; and IPINIlIAUS/CIl 
Page 193 
(b) any other information that the CEO has, and believes on reasonable 
grounds may be relevant for the purpose of identifying and locating the 
importer. 
21 Section 135AD 
Omit "Comptroller-General" (wherever occurring), substitute "CEO". 
22 Section 135AE 
Omit "Comptroller-General" (wherever occurring), substitute "CEO". 
23 Section 135AF 
Omit "Comptroller-General" (wherever occurring), substitute "CEO". 
24 Section 135AG 
Omit "Comptroller-General" (wherever occurring), substitute "CEO". 
25 Section 135AH 
Omit "ComptrolJer-General" (wherever occurring), substitute "CEO". 
26 Paragraph 135AI(b) 
Omit "Comptroller-General", substitute "CEO". 
27 Subsection 135AJ(1) 
Omit "Comptroller-General", substitute "CEO". 
28 Paragraph 135AK(a) 
Omit "Comptroller-General", substitute "CEO". 
29 Subsection 1958(1) 
Omit "Comptroller-General of Customs" (wherever occurring), substitute "CEO". 
30 After paragraph 1958(1)(b) 
Insert: 
(ba) a decision of the CEO under subsection 135(6A) to declare a notice 
given under subsection 135(2) to be ineffective; 
31 Subsection 1958(3) 
Omit "Comptroller-General of Customs makes a reviewable decision referred to in 
paragraph (l )(c) or (d), the Comptroller-General", substitute "CEO makes a reviewable 
decision referred to in paragraph (l)(ba), (c) or (d), the CEO". 
32 Subsection 1958(8) 
Insert: 
CEO means the Chief Executive Officer of Customs. 
Schedule 9-Educational institutions 
Copyright Act 1968 
1 Subsection 10(1} {before paragraph (a) of the definition of educational 
institution} 
Insert: 
(aa) an institution at which education is provided at pre-school or 
kindergarten standard; 
2 Subsection 10(1} (paragraphs (g), (h) and (j) of the definition of 
educational institution) 
Repeal the paragraphs, substitute: 
(g) an institution in relation to which there is in force a notice published 
under subsection IOA(4) that includes a declaration that the principal function 
of the institution is the provision of courses of study or training for one of the 
following purposes: IP/N/II AUS/ell 
Page 194 
(i) general education; 
(ii) the preparation of people for a particular occupation or 
profession; 
(iii) the continuing education of people engaged in a particular 
occupation or profession; 
(iv) the teaching of English to people whose first language is not 
English; 
(h) an undertaking within a body administering an educational institution of 
a kind referred to in a preceding paragraph of this definition in relation to 
which there is in force a notice published under subsection 10A(4) that 
includes a declaration that the principal function, or one of the principal 
functions, of the undertaking is the provision of teacher training to people 
engaged as instructors in educational institutions of a kind referred to in a 
preceding paragraph of this definition, or of2 or more such kinds; or 
(i) an institution, or an undertaking within a body administering an 
educational institution of a kind referred to in a preceding paragraph of this 
definition, in relation to which there is in force a notice published under 
subsection 1 OA( 4) that includes a declaration that the principal function, or 
one of the principal functions, of the institution, or undertaking, is the 
providing of material to educational institutions of a kind referred to in a 
preceding paragraph of this definition, or to educational institutions of2 or 
more such kinds, and that that activity is undertaken for the purpose of helping 
those institutions in their teaching purposes. 
3 Subsection 10(1) (definition of educational institution) 
Omit "but does not include an institution that is conducted for the profit, direct or 
indirect, of an individual or individuals". 
4 Paragraph 10A(1)(b) 
Repeal the paragraph. 
5 After paragraph 10A(4){a) 
Insert: 
(aa) sets out the principal function or principal functions of the institution or 
of an undertaking within the body administering the institution; and 
6 After subsection 10A(5) 
Insert: 
(SA) A collecting society may apply to the Copyright Tribunal for review of a 
declaration included in a notice published under subsection (4) of this section for 
the purposes of paragraph (g), (h) or (i) of the definition of educational institution 
in subsection 10(1). 
Note: For applications to the Tribunal for review see section 153L. 
7 Before section 154 
Insert: 
153L Applications to Tribunal for revie'w of declarations of certain educational 
institutions 
(1) This section applies where an application is made to the Tribunal under 
subsection 10A(SA) for review of a declaration included in a notice published under 
subsection 10A(4) for the purposes of paragraph (g), (h) or (i) of the definition of 
educational institution in subsection 1 O( 1). 
(2) The parties to the application are: (a) the collecting society that made the application; and IPINIIIAUS/C/l 
Page 195 
(b) the body administering the institution that caused the notice to be 
published. 
(3) After giving each party an opportunity to present its case, the Tribunal must: 
(a) confirm the declaration; or 
(b) set aside the notice. 
(4) If the Tribunal sets aside the notice, the Tribunal must cause to be published in 
the Gazette a notice that: 
(a) sets out full particulars of the name and address of the institution; and 
(b) contains a statement to the effect that the notice previously published by 
the body administering the institution under subsection 10A(4) has been set 
aside. 
Upon publication of the Tribunal's notice, the notice published under subsection 
lOA(4) ceases to have effect for the purposes of paragraph (g), (h) or (i) of the 
definition of educational institution in subsection 10(1). 
(5) The Tribunal may only set aside a notice if it determines that the principal 
function, or the principal functions, as the case may be, of the institution concerned 
are not as described in the declaration included in the notice. 
S Saving 
If, immediately before the commencement of this Schedule, a declaration under 
paragraph 1 OA( l)(b) of the Copyright Act 1968 was in force, that Act has effect, in 
relation to the declaration and the institution to which the declaration relates, as if this 
Act had not been enacted. 
Schedule 10-Minor amendments 
Copyright Act 1968 
1 Section 44A 
After "37" (wherever occurring), insert "(1)". 
2 Division 5 of Part III (heading) 
Repeal the heading, substitute: 
Division 5--Copying of \vorks in libraries or archives 
Note: The heading to section:52 is altered by adding at the end "or archives". 
3 At the end of paragraph 91 (a) 
Add "and". 
4 Paragraph 91(b) 
Repeal the paragraph, substitute: 
(b) in a television broadcast (other than a broadcast transmitted for a fee 
payable to the person who made the broadcast) made from a place in Australia 
under the authority of: 
(i) a licence allocated by the Australian Broadcasting Authority 
under the Broadcasting Sentices Act 1992; or 
(ii) a class licence determined by that Authority under that Act; and 
5 Paragraph 91(d) 
Repeal the paragraph, substitute: 
(d) in a sound broadcast (other than a broadcast transmitted for a fee 
payable to the person who made the broadcast) made from a place in Australia 
under the authority of: IPlNllIAUS/CIl 
Page 196 
(i) a licence allocated by the Australian Broadcasting Authority 
under the Broadcasting Services Act 1992; or 
(ii) a class licence determined by that Authority under that Act. 
S After section 91 
Insert: 
91A Copyright in broadcasts authorised under both Radiocommunications Act and 
Broadcasting Services Act 
Copyright may subsist in a television broadcast or sound broadcast under 
subparagraph 91(a)(iii) or (c)(iii) even though copyright does not subsist in the 
broadcast under paragraph 91 (b) or (d) because the broadcast was transmitted for a 
fee to the person who made the broadcast. 
7 Paragraph 99(b) 
Omit "or permit granted under the Broadcasting Act 1942", substitute "allocated by the 
Australian Broadcasting Authority under the Broadcasting Services Act 1992". 
8 At the end of section 99 
Add: 
; and (c) a person who makes a television broadcast or sound broadcast 
under the authority of a class licence determined by the Australian 
Broadcasting Authority under the Broadcasting Services Act 1992 is the 
owner of any copyright subsisting in the broadcast. 
9 Section 1 09 
After "broadcast" (first occurring), insert "(other than a broadcast transmitted for a fee 
payable to the person who made the broadcast)". 
1 0 Section 112A 
After "101" (wherever occurring), insert "(1)". 
11 Subsection 132(3) 
Omit "plate", substitute "device". 
12 Subsection 133(4) 
Omit "plate", substitute "device". 
13 Section 134 
Omit "plate" (wherever occurring), substitute "device". 
14 Part VA (heading) 
Repeal the heading, substitute: 
Part VA-Copying of transmissions by educational and other 
institutions 
15 Section 135A (definition of broadcast) 
Repeal the definition. 
16 Section 135A (definition of preview copy) 
Omit "broadcast", substitute "transmission". 
17 Section 135A 
Insert: 
transmission means: 
(a) a sound broadcast or a television broadcast including (to avoid doubt) a 
sound broadcast, or a television broadcast, transmitted for a fee; and 
(b) a television transmission to subscribers to a diffusion service. 
18 Section 1358 Omit "broadcast" (wherever occurring), substitute "transmission". IP/N/lI AUS/ell 
Page 197 
Note: The heading to section 1358 is altered by omitting "broadcasts" and substituting "transmissions". 
19 Division 2 of Part VA (heading) 
Repeal the heading, substitute: 
Division 2-Copying of transmissions 
20 Section 135E 
Omit "broadcast" (wherever occurring), substitute "transmission". 
Note: The heading to section 13SE is altered by omitting "broadcasts" and substituting "transmissions". 
21 Section 135F 
Omit "broadcast" (wherever occurring), substitute "transmission". 
22 Subsection 135G(1) 
Omit "broadcasts", substitute "transmissions". 
23 Subsection 13SH(1) 
Omit "broadcast", substitute "transmission". 
24 Paragraph 13SH(2){a) 
Omit "broadcasts", substitute "transmissions". 
25 Section 135J 
Omit "broadcasts" (wherever occurring), substitute "transmissions". 
26 Subsection 13SJ(S) 
Omit "broadcast", substitute "transmission". 
27 Section 135K 
Omit "broadcast" (\vherever occurring), substitute "transmission". 
28 Subsection 135L(1) 
Omit "broadcasts" (\vherever occurring), substitute "transmissions". 
29 Subsection 13SN(1) 
Omit "broadcasts", substitute "transmissions". 
30 Subparagraph 135P(3)(d){i) 
Omit "administrative", substitute "administering". 
31 Section 135U 
Omit "broadcast" (\vherever occurring), substitute "transmission". 
32 Section 135V 
Omit "broadcasts", substitute "transmissions". 
33 Subsection 135W(1) 
Omit "broadcasts", substitute "transmissions". 
34 Section 135Z 
Omit "broadcast" (\vherever occurring), substitute "transmission". 
35 Section 135ZA 
Omit "broadcast", substitute "transmission". 
36 Subsection 135ZZ8(3) 
Omit "a collecting society" (wherever occurring), substitute "the collecting society". 
37 Subsection 146(3) 
Repeal the subsection, substitute: 
(3) Ifa party to an application or reference requests that the Tribunal be constituted 
by more than one member for the purposes of the application or reference, the 
Tribunal must, for the purposes of the application or reference, be constituted by not 
less than 2 members of whom one must be the President or a Deputy President. IP/N/lIAUS/CIl 
Page 198 
(3A) Nothing in subsection (3) prevents a single member from exercising the 
powers of the Tribunal in relation to matters of procedure. 
38 Division 3 of Part VI (heading) 
Repeal the heading, substitute: 
Division 3-Applications and references to the Tribunal 
39 Subsection 152(1) {at the end of paragraphs (a) and (aa) of the definition 
of broadcaster} 
Add "or". . 
40 Subsection 152(1) (paragraph (b) of the defin'ition of broadcaster) 
Repeal the paragraph, substitute: 
(b) the holder of a licence allocated by the Australian Broadcasting 
Authority under the Broadcasting Services Act 1992; or 
(c) a person making a broadcast under the authority of a class licence 
determined by the Australian Broadcasting Authority under the Broadcasting 
Services Act 1992; or 
41 Subsection 152(1) 
Insert: 
broadcasting does not include broadcasting by a transmission for a fee payable to 
the person who made the broadcast. 
42 Subsections 152(8) and (9) 
Repeal the subsections, substitute: 
(8) The Tribunal must not make an order that would require a broadcaster who is: 
(a) the holder of a licence allocated by the Australian Broadcasting 
Authority under the Broadcasting Services Act 1992 that authorises the holder 
to broadcast radio programs; or 
(b) a person authorised by a class licence determined by that Authority 
under that Act to broadcast radio programs; 
to pay, in respect of the broadcasting of published sound recordings during the 
period covered by the order, an amount exceeding 1 % of the amount determined by 
the Tribunal to be the gross earnings of the broadcaster during the period equal to 
the period covered by the order that ended on the last 30 June that occurred before 
the period covered by the order. 
(9) If a broadcaster that is: 
(a) the holder of a licence allocated by the Australian Broadcasting 
Authority under the Broadcasting Services Act 1992 that authorises the holder 
to broadcast radio programs; or 
(b) a person authorised by a class licence determined by that Authority 
under that Act to broadcast radio programs; 
has, with the permission of that Authority, adopted an accounting period ending on 
a day other than 30 June, the reference in subsection (8) to 30 June is, in relation to 
that broadcaster, a reference to that other day. 
43 Subsection 161(9) 
Repeal the subsection. 
44 Paragraph 166(2)(a} 
Omit "an intended inquiry by the Tribunal under section 148 or". 
45 Subsection 174(3) 
Repeal the subsection. IPINIIIAUS/CI 1 
Page 199 
·46 Paragraph 184(1 )(f) 
Omit "by a holder of a licence or pennit granted under the Broadcasting Act 1942", 
substitute "by a holder of a licence allocated by the Australian Broadcasting Authority 
under the Broadcasting Services Act 1992, by a person authorised to make the broadcasts 
by a class licence determined by that Authority under that Act". 
47 Subsection 19SA(S) 
Repeal the subsection. 
48 Paragraphs 199{7}(a) and (b) 
Omit "by the holder of a licence or pennit granted under the Broadcasting Act 1942", 
substitute "by a holder of a licence allocated by the Australian Broadcasting Authority 
under the Broadcasting Services Act 1992, by a person authorised to make the broadcasts 
by a class licence determined by that Authority under that Act". 
49 Subsection 202(S) 
Omit "plate", substitute "device". 
50 Subsection 248A(1) (definition of performance) 
After "Australia or", insert "given". 
51 Saving 
Copyright that subsisted in a television broadcast or a sound broadcast made before the 
commencement of this Schedule continues to subsist for the period for which that 
copyright would have subsisted if the amendments made by this Schedule had not been 
made, and the person who was the owner of that copyright immediately before that 
commencement continues to be the owner for that period. 
[l\1inister's second reading speech made in­
HOZlse of Representatives on 18 Jzme 1997 
Senate on 27 June 1997] 
(83/97) IP/N/lIAUS/CIl 
Page 200 
Copyright Amendment Act (No.2) 1998 
No. 105, 1998 IPlNllI AUS/ell 
Page 201 
Copyright Amendment Act (No.2) 1998 
No. 105, 1998 
An Act to amend the CopyriglztAct 1968, and for 
related purposes IP/N/l/ AUS/e/l 
Page 202 
Contents 
Short title .......................................................................................... 1 
2 Commencement ................................................................................ 1 
3 Schedule(s) ....................................................................................... 2 
Schedule I-Parallel importation of records 
Copyright Act 1968 
Schedule 2-Amendment of penalties 
Copyright Act 1968 
Copyright Amendment Act (No.2) /998 No. 105. /998 3 
3 
9 
9 IPIN/ll AUS/ell 
Page 203 
Copyright Amendment Act (No.2) 1998 
No. 105, 1998 
An Act to amend the Copyright Act 1968, and for 
related purposes 
[Assented to 30 July 1998] 
The Parliament of Australia enacts: 
1 Short title 
This Act may be cited as the Copyright Amendment Act (No.2) 
1998. 
2 Commencement 
(1) This Act commences on the day on which it receives the Royal 
Assent. 
Copyright Amendment Act (Xo. 2) /998 No. /05. /998 I IPlNllIAUS/C/l 
Page 204 
(2) However, this Act commences immediately after the 
commencement of item 1 of Schedule 3 to the Copyright 
Amendment Act (No.1) 1998 if that Act receives the Royal Assent 
on a day that is the same as, or later than, the day on which this 
Act receives the Royal Assent. 
3 Schedule(s) 
Each Act that is specified in a Schedule to .this Act is amended or 
repealed as set out in the applicable items in the Schedule 
concerned, and any other item in a Schedule to this Act has effect 
according to its terms. 
2 Copyright Amendment Act (No.2) 1998 No. 105. 1998 IPlNllIAUS/C/l 
Page 205 
Parallel importation of records Schedule 1 
Schedule 1-Parallel importation of records 
Copyright Act 1968 
1 Subsection 10(1) (at the end of the definition of infringing 
copy) 
Add: 
; or (h) a non-infringing copy of a sound recording whose 
importation does not infringe that copyright. 
2 Subsection 10(1) 
Insert: 
non-infringing copy of a sound recording has the meaning given 
by section IOAA. 
3 After section 10 
Insert: 
1 o A.A. Non-infringing copy of a sound recording 
A1inimum requirements 
(1) A copy of a sound recording is a non-infringing copy only if it is 
made by or v.lith the consent of: 
(a) the owner of the copyright or related right in the sound 
recording in the country (the copy COllntry) in which the 
copy was made; or 
(b) the O\1lner of the copyright or related right in the sound 
recording in the country (the original recording country) in 
which the sound recording was made, if the law of the copy 
country did not provide for copyright or a related right in 
sound recordings when the sound recording was made; or 
(c) the maker of the sound recording, if neither the law of the 
copy country nor the law of the original recording country 
Copyright Amendment Act (lv'o. 2) /998 No. /05. /998 3 IP!N1l / A us/ell 
Page 206 
Schedule 1 Parallel importation of records 
(whether those countries are different or not) provided for 
copyright or a related right in sound recordings when the 
sound recording was made. 
Extra requirements for copies of recordings of u·orks subject to 
Australian copyright 
(2) If the sound recording is of a \vork that is a literary, dramatic or 
musical work in which copyright subsists in Australia, the copy is 
a non-infringing copy only if: 
(a) copyright subsists in the work under the law of the copy 
country; and 
(b) the making of the copy does not infringe the copyright in the 
\'lork under the law of the copy country; and 
(c) the copy country meets the requirements of subsection (3). 
To avoid doubt, the requirements of this subsection are additional 
to those of subsection (l). 
Requirements jor copy country 
(3) The copy country mentioned in subsection (2) must: 
(a) be a party to the International Convention for the Protection 
of Literary and Artistic \Vorks concluded at Berne on 9 
September 1886 as revised from time to time; or 
(b) be a member of the \Vorld Trade Organization and have a 
law that provides consistently with the TRIPS Agreement 
for: 
(i) the o\vnership and duration of copyright in literary, 
dramatic and musical \yorks; and 
(ii) the owner of the copyright in the work to have rights 
relating to the reproduction of the work. 
4 Copyright Amendment Act (:'-0.2) /998 No. 105, 1998 IPIN/lIAUS/C/I 
Page 207 
Parallel importation of records Schedule 1 
Australian copyright may result from Act or regulations 
(4) For the purposes of subsection (2) it does not matter whether the 
copyright in the work subsists in Australia as a result of this Act or 
as a result of the regulations made for the purposes of section 184. 
4 At the end of Division 3 of Part III 
Add: 
44D Import of non-infringing copy of sound recording does not 
infringe copyright in 'works recorded 
(1) The copyright in a literary, dramatic or musical work is not 
infringed by a person who: 
(a) imports into Australia a non-infringing copy of a sound 
recording of the work; or 
(b) does an act described in section 38 involving an article that 
is a non-infringing copy of a sound recording of the \vork 
and has been imported into Australia by anyone. 
Note: In a civil action for infringement of copyright, a copy of a sound 
r~cording is presumed not to be a non-infringing copy of the sound 
recording unless the defendant proves it is. See section l30A. 
(2) This section applies to a copy of a sound recording only if, when 
the copy is imported into Australia, the sound recording has been 
published: 
(a) in Australia; or 
(b) in another country (the publication country) by or with the 
consent of: 
(i) the o\\'ner of the copyright or related right in the sound 
recording in the publication country; or 
(ii) the owner of the copyright or related right in the sound 
recording in the country (the original recording 
country) in which the sound recording was made, if the 
law of the publication country did not provide for 
Cop.".right Amendment Act (No.2) 1998 No. 105. 1998 5 IPINII/ AUS/CII 
Page 208 
Schedule 1 Parallel importation of records 
copyright or a related right in sound recordings when 
publication occurred; or 
(iii) the maker of the sound recording, if neither the law of 
the publication country nor the law of the original 
recording country (whether those countries are different 
or not) provided for copyright or a related right in 
sound recordings when publication occurred. 
Note: Subsection 29(6) deals with unauthorised publication. 
(3) In subsection (2): 
owner of the copyright or related right in the sound recording 
means the owner at the time publication of the sound recording 
occurred. 
(4) The copyright in a work a copy of which is on, or embodied in, a 
non-infringing 3:ccessory to a non-infringing copy of a sound 
recording is not infringed by importing the accessory with the 
copy. 
(5) Section 38 does not apply to a copy ofa work, being a copy that is 
on, or embodied in, a non-infringing accessory to a non-infringing 
copy of a sound recording, if the importation of the accessory is 
not an infringement of copyright in the work. 
5 Subsections 102(1) and 103(1) 
Omit ';and 112C'~, substitute '" 112C and 112D". 
6 At the end of Division 6 of Part IV 
Add: 
112D Import of non-infringing copy of a sound recording does not 
infringe copyright in the sound recording 
(1) The copyright in a sound recording is not infringed by a person 
who: 
6 Copyright Amendment Act (No.2) 1998 No. 105, 1998 IPIN!I/ Aus/ell 
Page 209 
Parallel importation of records Schedule 1 
(a) imports into Australia a non-infringing copy of the sound 
recording; or 
(b) does an act described in section 103 involving an article that 
is a non-infringing copy of the sound recording and has been 
imported into Australia by anyone. 
Note: In a civil action for infringement of copyright, a copy of a sound 
recording is presumed not to be a non-infringing copy of the sound 
recording unless the defendant proves it is. See section I30A. 
(2) This section applies to a copy of a sound recording only if, when 
the copy is imported into Australia, the sound recording has been 
published: 
(a) in Australia; or 
(b) in another country (the publication country) by or with the 
consent of: 
(i) the owner of the copyright or related right in the sound 
recording in the publication country; or 
(ii) the owner of the copyright or related right in the sound 
recording in the country (the original recording 
country) in which the sound recording was made, if the 
law of the publication country did not provide for 
copyright or a related right in sound recordings when 
publication occurred; or 
(iii) the maker of the sound recording, if neither the law of 
the publication country nor the law of the original 
recording country (whether those countries are differen1 
or not) provided for copyright or a related right in 
sound recordings \vhen publication occurred. 
Note: Subsection 29(6) deals with unauthorised publication. 
(3) In subsection (2): 
owner of the copyright or related right in the sound recording 
means the owner at the time publication of the sound recording 
occurred. 
7 After section 130 
Copyright Amendment Act (No.2) 1998 }.·o. 105. 1998 7 IP/NIlIAUS/C/l 
Page 210 
Schedule 1 Parallel importation of records 
Insert:o 
130A Acts relating to imported copies of sound recordings 
In an action for infringement of copyright described in section 37, 
38, 102 or 103 by an act involving an article that is a copy of a 
sound recording, it must be presumed that the copy is not a 
non-infringing copy unless the defendant proves that the copy is a 
non-infringing copy. 
Note I: Sections 37 and 38 deal with infringement of copyright in literary, 
dramatic and musical works (among other things) by commercial 
importation and dealings involving articles. 
Note 2: Sections 102 and 103 deal with infringement of copyright in sound 
recordings (among other things) by commercial importation and 
dealings involving articles. 
8 Subsection 135(10) 
Omit '-44A or I 1 2 A", substitute '-44A, 44D, II2A or 112D". 
9 Application 
The amendments made by this Schedule apply in relation to copies of 
sound recordings imported into Australia after the commencement of 
this Act. 
8 Copyright Amendment Act (:10.2) 1998 ,Voo 105, 1998 IPINIIIAUS/CI1 
Page 211 
Amendment of penalties Schedule 2 
Schedule 2-Amendment of penalties 
Copyright Act 1968 
1 After subsection 132(6) 
Insert: 
(6A) A person who contravenes subsection (1), (2), (2A), (3), (5) or 
(5AA) is guilty of an offence punishable on summary conviction 
by a fine of not more than 550 penalty units and/or imprisonment 
for not more than 5 years. 
Note: A corporation may be fined up to 5 times the amount of the maximum 
fine. See subsection 4B(3) of the Crimes Act /9/./. 
2 Subsections 133(1), (2) and (3) 
Repeal the subsections. 
Note: The heading to section 133 is replaced by the heading "Destruction or delh:ery up of 
infringing copies etc.". 
3 Paragraphs 133A(1){c) and (d) 
Repeal the paragraphs, substitute: 
(c) a fine not exceeding 15 penalty units and/or imprisonment 
for not more than 6 months, if the person is an individual; or 
(d) a fine not exceeding 150 penalty units, if the person is a 
body corporate. 
4 After subsection 248P(7) 
Insert: 
(7A) A person who contravenes subsection (I), (2), (3), (4), (5) or (6) is 
guilty of an offence punishable on summar)" conviction by a fine 
of not more than 550 penalty units a~d/or imprisonment for not 
more than 5 years. 
Note: A corporation may be fined up to 5 times the amount of the ma.ximum 
fine. See subsection 4B(3) of the Crimes Act /9/./. 
Copyright Amendment Act (No.2) /998 No. /05. 1998 9 IP /N/l! A us/ell 
Page 212 
Schedule 2 Amendment of penalties 
5 At the en"d of section 248Q 
Add: 
(8) A person who contravenes subsection (1), (2), (3), (4) or (6) is 
guilty of an offence punishable on summary conviction by a fine 
of not more than 550 penalty units and/or imprisonment for not 
more than 5 years. 
Note: A corporation may be fined up to 5 time~ the amount of the maximum 
fine. See subsection 4B(3) of the Crimes Act /914. 
6 At the end of section 248QA 
Add: 
(6) A person who contravenes subsection (2), (3), (4) or (5) is gUilty 
of an offence punishable on summary conviction by a fine of not 
more than 550 penalty units and/or imprisonment for not more 
than 5 years. 
Note: A corporation may be fined up to 5 times the amount of the maximum 
fine. See subsection 4B(3) of the Crimes Act /91-1. 
7 Sections 248QB and 248R 
Repeal the sections, substitute: 
248QB Protection against mUltiple prosecutions for same act 
If a single act done in relation to a performance is an offence 
against either section 248P or 248Q and an offence against section 
248QA, only one of the offences may be prosecuted. 
[Afinister's second reading speech made in­
HOZlse of Representatives on 20 November 1997 
Senate on 27 November 1997] 
10 Copyright Amendment Act (No.2) 1998 No. 105, 1998 (211197) IP/N/II AUS/C/I 
Page 213 
Amendment of penalties Schedule 2 
Copyright Amendment Act (No.2) 1998 No. 105. 1998 11