Note: An electronic version of this Act is available on the Federal Register of Legislation 
(https://www.legislation.gov.au/ ) 
 
 
 
 
 
 
 
 
 
 
Copyright Amendment (Online 
Infringement)  Act 2018 
 
No. 157, 201 8 
 
 
 
 
 
An Act  to amend the Copyright Act 1968 , and for 
related purposes  
   
    
 
No. 157, 2018  Copyright Amendment (Online Infringement) Act 2018  i 
 Contents  
1 Short title  ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ .................  2 
3 Schedules  ................................ ................................ ...........................  2 
Schedule  1—Amendments  3 
Copyright Act 1968  3 
  
 
No. 157, 
2018  Copyright Amendment (Online Infringement) Act 2018  1 
 
 
 
 
Copyright Amendment (Online 
Infringement) Act 2018  
No. 157, 201 8 
  
 
An Act  to amend the Copyright Act 1968 , and for 
related purposes  
[Assented to 10 December 2018 ] 
The Parliament of Australia enacts:  
1  Short title  
  This Act is the Copyright Amendment (Online Infringement)  Act 
2018 .    
   
 
 
2 Copyright Amendment (Online Infringement) Act 2018  No. 157, 2018  
 2  Commencement  
 (1) Each provision of this Act 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 i n 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 Act  The day after this Act receives the Royal 
Assent.  11 December 
2018  
Note:  This table relates only to the provisions of this Act as originally 
enacted. It will not be amended to deal with any later amendments of 
this Act.  
 (2) Any information in column 3 of the table is not part of this Act. 
Information may be inserted in this column, or in formation in it 
may be edited, in any published version of this Act.  
3  Schedules  
  Legislation 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repealed as set out in the applicable items in the Schedule 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 Schedul e to this Act has effect 
according to its terms.  Amendments   Schedule 1  
   
 
 
No. 157, 2018  Copyright Amendment (Online Infringement) Act 2018  3 
 Schedule  1—Amendments  
   
Copyright Act 1968  
1  Section  115A (heading)  
Repeal the heading, substitute:  
115A   Injunctions relating to online locations outside Australia  
2  Subsections  115A(1) and (2)  
Repeal the subsections, substitute:  
Application for an injunction  
 (1) The owner of a copyright may apply to the Federal Court of 
Australia to grant an injunction that requires a carriage service 
provider to take such steps as the Court considers reasonable to 
disable access to an online location outside Australia that:  
 (a) infringes, or facilitates an infringement, of the copyright; and  
 (b) has the primary purpose or the primary effect of infringing, 
or facilitating an infringement, of copyright (whether or n ot 
in Australia).  
 (2) The application under subsection  (1) may also request that the 
injunction require an online search engine provider (other than a 
provider that is covered by a declaration under subsection  (8B)) to 
take such steps as the Court conside rs reasonable so as not to 
provide a search result that refers users to the online location.  
Granting the injunction  
 (2A)  The Court may grant the injunction in the terms, and subject to the 
conditions, that the Court considers appropriate.  
Note 1:  For the  matters that the Court may take into account when determining 
whether to grant the injunction, see subsection  (5). 
Note 2:  The terms and conditions of the injunction that apply to a carriage 
service provider under subsection  (1) may be different from thos e that 
apply to an online search engine provider under subsection  (2). 
 (2B) Without limiting subsection  (2A), the injunction  may:  Schedule 1   Amendments  
   
 
 
4 Copyright Amendment (Online Infringement) Act 2018  No. 157, 2018  
  (a) require the carriage service provider to take reasonable steps 
to do either or both of the following:  
 (i) block domain names, URLs and IP addresses that 
provide access to the online location and that are 
specified in the injunction;  
 (ii) block domain names, URLs and IP addresses that the 
carriage service provider and the owner of the copyright 
agree, in writing, have star ted to provide access to the 
online location after the injunction is made; and  
 (b) require the online search engine provider to take reasonable 
steps to do either or both of the following:  
 (i) not provide search results that include  domain names, 
URLs an d IP addresses that provide access to the online 
location and that are specified in the injunction;  
 (ii) not provide search results that include  domain names, 
URLs and IP addresses that the online search engine 
provider and the owner of the copyright agree, in 
writing, have started to provide access to the online 
location after the injunction is made . 
3  After paragraph  115A(3)(b)  
Insert:  
 (ba) if the application under subsection  (1) also sought for the 
injunction to apply against an online search engi ne 
provider —the online search engine provider; and  
4  After paragraph  115A(4)(a)  
Insert:  
 (aa) if the application under subsection  (1) also sought for the 
injunction to apply against an online search engine 
provider —the online search engine provider; and  
5  Paragraph 115A(5)(a)  
Omit “(1)(c)”, substitute “(1)(b)”.  
6  After paragraph  115A(5)(e)  
Insert:  
 (ea) if the application under subsection  (1) also sought for the 
injunction to apply against an online search engine Amendments   Schedule 1  
   
 
 
No. 157, 2018  Copyright Amendment (Online Infringement) Act 2018  5 
 provider —whether not providing search results that refer 
users to the online location is a proportionate response in the 
circumstances;  
7  After paragraph  115A(5)(g)  
Insert:  
 (ga) if the application under subsection  (1) also sought for the 
injunction to apply against an online search engine 
provider —whether it is in the public interest not to provide 
search results that refer users to the online location;  
8  After subsection  115A(5)  
Insert:  
Presumption that the online location is outside Australia  
 (5A) For the purposes of the proceedings, the online location is 
presumed to be outside Australia, unless the contrary is 
established.  
9  After subsection  115A(8)  
Insert:  
 (8A)  An application under subsection  (7) must not request  the Court to 
vary the injunction so that it applies to an online search engine 
provider that is covered by a declaration  under subsection  (8B). 
Declarations excluding online search engine providers  
 (8B) The Minister may, by legislative instrument, declare that : 
 (a) a particular online search engine provider ; or 
 (b) an onlin e search engine provider that is a member of a 
particular class;  
must not be specified in an application under subsection  (1) or (7).  
10  Subsection  115A(9)  
Omit  “The carriage service provider”, substitute  “A carriage service 
provider or, if applicable, an online search engine provider”.  Schedule 1   Amendments  
   
 
 
6 Copyright Amendment (Online Infringement) Act 2018  No. 157, 2018  
 11  Subsection  131A(2)  
Omit “against carriage service providers providing access”, substitute 
“relating”.  
12  Application of amendments  
The amendments made by this Schedule apply to applications under 
section  115A of the Copyright Act 1968 that are made on and after the 
commencement of this Schedule for:  
 (a) the making of an injunction under that section after that 
commencement; or  
 (b) the varying or rescinding of an injunction that is made under 
that section before or aft er that commencement.  
 
 
 
 
[Minister’s second reading speech made in — 
House of Representatives on 18 October 2018  
Senate on 12 November 2018 ] 
 
 
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