OPC63024 - B  
 
Copyright Amendment  (Service Providers ) 
Regulations  2018  
I, the Honourable Paul de Jersey  AC, Administrator  of the Government of the 
Commonwealth of Australia , acting with the advice  of the Federal Executive Council, 
make the following regulations.  
Dated 06 December 2018  
Paul de Jersey  AC 
Administrator  of the Government of the Commonwealth of Australia  
By His Excellency’s Command  
Mitch Fifield  
Minister for Communications  and the Arts  
   
   
 
 
 Copyright Amendment (Service Providers) Regulations  2018  i 
OPC63024 - B Contents  
1 Name  ................................ ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ ................................ ..........  1 
3 Authority  ................................ ................................ ................................ .....................  1 
4 Schedules  ................................ ................................ ................................ ....................  1 
Schedule  1—Amendments  2 
Copyright Regulations  2017  2 
    
   
 
 
 Copyright Amendment (Service Providers) Regulations  2018  1 
OPC63024 - B 1  Name  
  This instrument is  the Copyright Amendment (Service Providers) Regulations 
2018 . 
2  Commencement  
 (1) Each provision of this instrument  specified in column 1 of the table commences, 
or is taken to have commenced, in accordance with column 2 of the table. Any 
other statement in column 2 has effect according to its terms.  
 
Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  The whole of this 
instrument  At the same time as the Copyright Amendment 
(Service Providers) Act 2018  commences.  29 December 2018  
Note:  This table relates only to the provisions of this instrument  as originally made. It will 
not be amended to deal with any later amendments of this instrument . 
 (2) Any information in column 3 of the table is not part of this instrument . 
Information may be inserted in this column, or information in it may be edited, i n 
any published version of this instrument . 
3  Authority  
  This instrument is  made under the Copyright Act 1968 . 
4  Schedules  
  Each instrument  that is specified in a Schedule to this instrument  is amended or 
repealed as set out in the applicable items in the Schedule concerned, and any 
other item in a Schedule to this instrument  has effect according to its terms.  Schedule 1   Amendments  
   
 
 
2 Copyright Amendment (Service Providers) Regulations  2018   
OPC63024 - B Schedule  1—Amendments  
   
Copyright Regulations  2017  
1  Section  4 (definition  of designated representative ) 
Repeal the definition, substitute:  
designated representative  of a service provider means a person designated under 
subsection  19(1) to receive for the service provider notifications, notices and 
counter -notices given for the purposes of a condition in subsection  116AH(1) of 
the Act.  
2  Sect ion 4 
Insert:  
designated service provider  means a service provider other than  a carriage 
service provider.  
service provider  has the meaning given by section  116ABA of the Act.  
3  Section  4 (definitions of system or network  and user ) 
Omit “carriage” (wherever occurring).  
4  Part 6 (heading)  
Omit “ carriage ”. 
5  Section  18 
Repeal the section, substitute:  
18  Industry codes developed by carriage service providers  
 (1) For the purposes of subparagraph  (a)(i) of the definition of industry code  in 
section  116AB of the Act, this section prescribes requirements that an industry 
code developed by carriage service providers must meet . 
 (2) An industry code  must be developed through an open voluntary process by a 
broad consensus of:  
 (a) either or both  of the fo llowing : 
 (i) owners of copyright  or a class of owners  of copyright;  
 (ii) exclusive licensees of copyright or a class of exclusive licensees of 
copyright; and  
 (b) carriage service providers.  
 (3) An industry code that does not deal solely with caching mu st include a provision 
to the effect that standard technical measures are technical measures that:  
 (a) are used to protect and identify copyright material; and  
 (b) are accepted under the code or developed in accordance with a process set 
out in the code;  and 
 (c) are available on non -discriminatory terms; and  
 (d) do not impose substantial costs on carriage service providers or substantial 
burdens on their systems or networks.  Amendments   Schedule 1  
   
 
 
 Copyright Amendment (Service Providers) Regulations  2018  3 
OPC63024 - B 18A  Industry codes developed by  designated  service providers  
 (1) For the purp oses of paragraph  (b) of the definition of industry code in 
section  116AB of the Act , an industry code , or a variation of an industry code,  
developed by a class of designated  service providers  must be developed in 
accordance with this section.  
Requirement for broad consensus  
 (2) An industry code, or a variation of an industry code, must be developed through 
an open voluntary process by a broad consensus of:  
 (a) either or both  of the following : 
 (i) owners  of copyright  or a class of owners  of copyright;  
 (ii) exclusive licensees of copyright or a class of exclusive licensees of 
copyright;  and 
 (b) the class of  designated  service providers to which the code, or the code as 
varied, is to apply.  
Content of industry code  
 (3) An industry code may contain  either  or both  of the following : 
 (a) a provision relating to accommodating and not interfering w ith standard 
technical measures ; 
 (b) a provision relating to:  
 (i) updating copyright material that is cached; and  
 (ii) not interfering with technology used at the  originating site to obtain 
information about the use of the copyright material.  
 (4) If an industry code contains a provision  of a kind  mentioned in  paragraph  (3)(a), 
the industry code must contain a provision to the effect that standard technical 
measure s are technical measures that:  
 (a) are used to protect and identify copyright material; and  
 (b) are accepted under the code or developed in accordance with a process set 
out in the code; and  
 (c) are available on non -discriminatory terms; and  
 (d) do not  impose substantial costs on the designated service providers or 
substantial burdens on  their systems or networks.  
 (5) An industry code must  contain  all of the following : 
 (a) a provision specifying  the class of designated service providers to which 
the code applies ; 
 (b) a provision setting out when the code takes effect and the circumstances in 
which  the code  will cease to have effect ; 
 (c) a provision requiring that  the code  be published on the website of a person 
or body representing th at class of  designated service providers when  the 
code takes  effect;  
 (d) a provision requiring that , if the code is varied, the varied code be 
published on the website of a person or body representing that class of  
designated service providers when  the variation tak es effect.  Schedule 1   Amendments  
   
 
 
4 Copyright Amendment (Service Providers) Regulations  2018   
OPC63024 - B Consultation requirement  
 (6) Before an  industry code , or a variation of an industry code,  takes  effect , a person 
or body representing  that class of  designated service providers  must:  
 (a) publish a draft of the code , or a draft of the code as proposed to be varied,  
on the website of the person or body ; and 
 (b) invite submissions about  the draft  code , or proposed variation, within  a 
specified period (which must be a t least 30 days after the draft is 
published ); and  
 (c) consider any submissions  received within that period . 
 (7) Subsection  (6) does not apply in relation to a variation of an industry code if the 
variation is of a minor nature.  
6  Section  19 
Repeal the section, substitute:  
19  Designated representative s 
 (1) A service provider must  designate one or more persons to be the representative 
of the service provider to receive for the service provider notifications, notices 
and counter -notices given for the purposes of a condition in 
subsection  116AH(1) of the Act.  
 (2) The service provide r must publish a notice in a reasonably prominent location on 
a website of the service provider setting out the following information  for each 
designated representative of the service provider : 
 (a) the title of the position of the designated representativ e; 
 (b) sufficient information to allow a person to contact the designated 
representative.  
7  Paragraph 20(b)  
Omit “the carriage service provider’s designated representative”, substitute “ a 
designated representative of the service provider ”. 
8  Section  23 
Omit “carriage” (wherever occurring).  
9  Subsection  24(1)  
Omit “the carriage service provider’s designated representative”, substitute “ a 
designated representative of the service provider ”. 
10  Subsection  25(1)  
Omit “carriage” (wherever occurring).  
11  Subsection  25(2)  
Omit “carriage” (first and second occurring).  
12  Paragraph 25(2)(b)  
After “a notice”, insert “(the user notice )”. Amendments   Schedule 1  
   
 
 
 Copyright Amendment (Service Providers) Regulations  2018  5 
OPC63024 - B 13  Subparagraph 25(2)(b)(ii)  
Omit “to the carriage service provider’s designated representative  disputing the 
claims in the notice of claimed infringement ”, substitute “ disputing the claims in the 
notice of claimed infringement to the designated representative of the service provider 
specified in the user notice ”. 
14  Subsection  25(2) (note)  
Omit “c arriage” (wherever occurring).  
15  Subsection  25(3)  
Omit “carriage” (wherever occurring).  
16  Subsection  26(1)  
Omit “carriage” (first occurring).  
17  Subsection  26(1)  
Omit “to the carriage service provider’s designated representative disputing the 
claims s et out in the notice”, substitute “ disputing the claims set out in the notice  of 
claimed infringement  to the designated representative of the service provider 
specified in the  user notice mentioned  in paragraph  25(2)(b) ”. 
18  Subsection  26(1) (note)  
Omit “the carriage service provider’s designated representative, the carriage”, 
substitute “that designa ted representative, the ”. 
19  Subsection  27(1) 
Omit “carriage” (wherever occurring).  
20  Subsection  28(1)  
Omit “carriage” (first and second occurring).  
21  Subparagraph 28(1)(b)(i)  
Omit “carriage service provider’s designated representative”, substitute “designated 
representative of the service provider specified in the notice mentioned in 
paragraph  27(1)(b)”. 
22  Subparagraph 28(1)(b)(ii)  
Omit “carriage”.  
23  Subsection  28(2)  (including the note)  
Omit “carriage” (wherever occurring).  
24  Section  29 
Omit “carriage” (wherever occurring).  
25  Subsection  30(1)  
Omit “carriage” (first and second occurring).  Schedule 1   Amendments  
   
 
 
6 Copyright Amendment (Service Providers) Regulations  2018   
OPC63024 - B 26  Paragraph 30(1)(c)  
Omit “carriage service provider’s  designated representative”, substitute “designated 
representative of the service provider specified in the notice ”. 
27  Subparagraph 30(1)(c)(ii)  
Omit “carriage” (wherever occurring).  
28  Subsection  30(2)  
Omit “carriage” (wherever occurring).  
29  Subsecti on 31(1)  
Omit “carriage” (first occurring) . 
30  Subsection  31(1)  
Omit “carriage service provider’s designated representative”, substitute “designated 
representative of the service provider specified in the notice  received by the user” . 
31  Paragraph 31(1)(b)  
Omit “carriage” (wherever occurring).  
32  Subsection  31(1) (note)  
Omit “the carriage service provider’s designated representative, the carriage”, 
substitute “that designated representative, the”.  
33  Sections  32 and 33 
Omit “carriage” (wherever occurring).  
34  Subsection  34(1)  
Omit “the carriage service provider’s designated representative”, substitute “a 
designated representative of the service provider”.  
35  Sections  35, 37 and 38  
Omit “carriage” (wherever occurring).  
36  At the end o f Part  16 
Add: 
132  Amendments made by the Copyright Amendment (Service Providers) 
Regulations  2018  
 (1) A designation under subsection  19(1) that is in effect  immediately before the 
commencement of the Copyright Amendment (Service Providers) 
Regulations  2018  (the amending regulations ) continues to have effect on and 
after that commencement as if it were a designation under subsection  19(1), as 
amended by the amending regulations.  
 (2) Sections  24 to 26, 30, 31 and 34, as amended by the amending regulation s, apply 
in relation to  the following : 
 (a) a notice given  under sections  24, 30 and 34 , as so amended , on or after the 
commenceme nt of the amending regulations;  Amendments   Schedule 1  
   
 
 
 Copyright Amendment (Service Providers) Regulations  2018  7 
OPC63024 - B  (b) a notice given  under sections  25, 26 and 31 , as so amended , on or after that 
commencement  that relates to  a notice referred to in paragraph  (a) of this 
subsection.  
37  Parts  1 to 3 of Schedule  2 
Omit “ carriage ” (wherever occurring).  
38  Part 3 of Schedule  2 (note 3)  
Omit “carriage” (wherever occurring).  
39  Part 4 of Schedule  2 
Omit “ carriage ” (wherever occurring ). 
40  Part 4 of Schedule  2 (note 2)  
Repeal the note, substitute:  
Note 2:  This counter -notice must be given to the designated representative of the service provider who is 
specified in the notice to which this counter -notice relates wit hin 3 months after the user receives that 
notice —see section  26 of the Copyright Regulations  2017 . 
41  Part 4 of Schedule  2 (notes  4 and 5 ) 
Omit “carriage” (wherever occurring).  
42  Part 5 of Schedule  2 
Omit “ carriage ” (wherever occurring).  
43  Part 5 of Schedule  2 (note 2)  
Repeal the note, substitute:  
Note 2:  This counter -notice must be given to the designated representative of the service provider who is 
specified in the notice to which this counter -notice relates  within 3 months after the user receives that 
notice —see section  31 of the Copyright Regulations  2017 . 
44  Part 5 of Schedule  2 (note 4)  
Omit “carriage” (wherever occurring).  
45  Part 6 of Schedule  2 
Omit “ carriage ” (wherever occurring).