Note: An electronic version of this Act is available on the Federal Register of Legislation 
(https://www.legislation.gov.au/ ) 
 
 
 
 
 
 
 
 
 
 
Copyright Amendment ( Service  
Providers)  Act 2018 
 
No. 71, 201 8 
 
 
 
 
 
An Act  to amend the Copyright Act 1968 , and for 
related purposes  
   
    
 
No. 71, 2018  Copyright Amendment (Service Providers) Act 2018  i 
 Contents  
1 Short title  ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ .................  2 
3 Schedules  ................................ ................................ ...........................  2 
Schedule  1—Amendments  3 
Copyright Act 1968  3 
  
 
No. 71, 2018  Copyright Amendment (Service Providers) Act 2018  1 
 
 
 
 
Copyright Amendment (Service 
Providers) Act 2018  
No. 71, 2018  
  
 
An Act  to amend the Copyright Act 1968 , and for 
related purposes  
[Assented to 29 June 2018 ] 
The Parliament of Australia enacts:  
1  Short title  
  This Act is the Copyright Amendment (Service  Providers)  Act 
2018.    
   
 
 
2 Copyright Amendment (Service Providers) Act 2018  No. 71, 2018  
 2  Commencement  
 (1) Each provision of this Act specified in colu mn 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 Act  The day after the end of the period of 6 
months beginning on the day this Act 
receives the Royal Assent.  29 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Note:  This table relates only to the provisions of this Act as originally 
enacted.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 information 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repealed as set out in the applicable items in the Schedule 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 Schedule to this Act has effect 
according to its terms.  Amendments   Schedule 1  
   
 
 
No. 71, 2018  Copyright Amendment (Service Providers) Act 2018  3 
 Schedule  1—Amendments  
   
Copyright Act 1968  
1  Division  2AA of Part  V (heading)  
Repeal the heading, substitute:  
Division  2AA —Limitation on remedies available against  
service providers  
2  Subsection  116AA(1)  
Omit “carriage” ( wherever occurring ). 
3  Subsection  116AA(1) (before note 1) 
Insert:  
Note 1A:  For the meaning of service provider , see section  116ABA.  
4  Section  116AB (definition of caching ) 
Omit “carriage”.  
5  Section  116AB  
Insert:  
service provider  has the meaning given by section  116ABA.  
6  At the end of Subdivision A of Divi sion 2AA of Part  V 
Add:  
116ABA   Definition of service provider  
 (1) Each of the following is a service provider : 
 (a) a carriage service provider;  
 (b) an organisation assisting persons with a disability;  
 (c) the body administering a library, if:  
 (i) all or part of the collection comprising the library is 
accessible to members of the public directly or through 
interlibrary loans; or  Schedule 1   Amendments  
   
 
 
4 Copyright Amendment (Service Providers) Act 2018  No. 71, 2018  
  (ii) the principal purpose of the library is to provide library 
services for members of a Parliament;  
 (d) the body adminis tering an archives;  
 (e) the body administering a key cultural institution;  
 (f) the body administering an educational institution.  
 (2) If a service provider is not:  
 (a) a carriage service provider; or  
 (b) an organisation assisting persons with a disabi lity; or  
 (c) the body administering an educational institution, being an 
educational institution that is a body corporate;  
this Division only applies to activities that the service provider 
carries out because of its relationship to the relevant library, 
archives, key cultural institution or educational institution 
mentioned in subsection  (1). 
7  Sections  116AC to 116AJ  
Omit “ carriage” (wherever occurring) . 
 
 
 
 
[Minister’s second reading speech made in — 
Senate on 6 December 2017  
House of Representatives on 25 June 2018 ] 
 
 
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