Note: An electronic version of this Act is available on the Federal Register of Legislation 
(https://www.legislation.gov.au/ ) 
 
 
 
 
 
 
 
 
 
 
 
Copyright Amendment (Disability Access 
and Other Measures) Act 2017 
 
No. 49, 2017  
 
 
 
 
 
An Act  to amend the Copyright Act 1968 , and for 
related purposes  
   
   
Authorised Version C2017A00049Authorised Version C2017A00049 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  i 
 Contents  
1 Short title  ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ .................  2 
3 Schedules  ................................ ................................ ...........................  3 
Schedule  1—Uses that do not infringe copyright  4 
Part 1—Main amendments  4 
Copyright Act 1968  4 
Part 2—Consequential amendments  25 
Copyright Act 1968  25 
Part 3—Transitional provisions  39 
Schedule  2—Duration of copyright  45 
Copyright Act 1968  45 
Schedule  3—Minor amendments  55 
Part 1—References to Attorney -General  55 
Copyright Act 1968  55 
Part 2—Preconditions for making regulations  58 
Copyright Act 1968  58 
 
 
Authorised Version C2017A00049Authorised Version C2017A00049 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  1 
 
 
 
 
Copyright Amendment (Disability Access 
and Other Measures) Act 2017  
No. 49, 2017  
  
 
An Act  to amend the Copyright Act 1968 , and for 
related purposes  
[Assented to 22 June 2017 ] 
The Parliament of Australia enacts:  
1  Short title  
  This Act is the Copyright Amendment (Disability Access and Other 
Measures) Act 2017 . 
Authorised Version C2017A00049   
   
 
 
2 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 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 in column 2 has effect 
according to its terms . 
 
Commencemen t information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  Sections  1 to 3 
and anything in 
this Act not 
elsewhere covered 
by this table  The day this Act receives the Royal Assent . 22 June 2017  
2.  Schedule  1 A single day to be fixed by Proclamation.  
However, if the provisions do not commence 
within the period of 6 months beginning on 
the day this Act receives the Royal Assent, 
they commence on the day after the end of 
that period.  22 December 
2017  
3.  Schedule  2 1 January 2019 . 1 January 2019  
4.  Schedule  3, 
Part 1 The day after this Act receives the Royal 
Assent.  23 June 2017  
5.  Schedule  3, 
Part 2 A single day to be fixed by Proclamation.  
However, if the provisions do not commence 
within the period of 6 months beginning on 
the day this Act receives the Royal Assent, 
they commence on the day after the end of 
that period.  22 December 
2017  
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 A ct. 
Authorised Version C2017A00049   
   
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  3 
 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 . 
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
4 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 Schedule  1—Uses that do not infringe 
copyright  
Part 1—Main amendments  
Copyright Act 1968  
1  Subsection  10(1)  
Insert:  
copyright material  means anything in which copyright subsists . 
Note:  This definition does not apply in  Subdivision E  of Division  3 of 
Part VI or Division  2 of Part  VII (u se of copyright material for the 
Crown): see section s 153DF  and 182B . 
organis ation  assisting persons with a disability  means:  
 (a) an educational institution; or  
 (b) a not-for-profit  organis ation  with a principal function of 
providing assistance to persons with a disability  (whether or 
not the organisation has other principal functions) . 
original  form : a library or archives holds copyright material in 
original form  if the material is held in the collection comprising 
the library or arch ives in a form that embod ies the material as 
initially prepared by the author or maker of the material.  
Example:  A manuscript of a literary, dramatic or musical work.  
Note:  This definition does not apply in Division  6 of Part  III: see 
subsection  54(6).  
person with a disability  means a person with a disability that 
causes the person difficulty in reading, viewing , hearing or 
comprehending copyright material in a particular form . 
2  After Part  IV 
Insert:  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  5 
 Part  IV A—Uses that do not infringe copyright  
Divisio n 1—Simplified outline of this Part  
113D   Simplified outline of this Part  
The following do not infringe copyright in any copyright material:  
 (a) certa in use by or for  persons with a disability;  
 (b) certain use for the purposes of libraries, archives and 
key cultural institutions;  
 (c) certain use by educational institutions . 
Note 1:  Other provisions  of this Act, including Parts III, IV, VC, VII and X , 
provide that certain other use of copyright material does not infringe 
copyright . 
Note 2:  A person may circumvent an access control technological protection 
measure to enable the person to do an act  that, under this Part, does not 
infringe copyright  (if the act is prescribed by regulations made for the 
purposes of paragraph  116AN(9)(c) ). 
Division  2—Access b y or for persons with a disability  
113E   Fair dealing for purpose of access by persons with a disability  
 (1) A fair dealing with copyright material does not infringe copyright 
in the material if the dealing is for the purpose of  one or more  
persons with a  disability having access to copyright material  
(whether the dealing is by any of those persons or by another 
person).  
 (2) The matters to which regard must be had, in determining whether 
the dealing is a fair dealing for the purposes of this section, include 
the following matters:  
 (a) the purpose and character of the dealing;  
 (b) the nature of the copyright material;  
 (c) the effect of the dealing upon the potential market for, or 
value of, the material;  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
6 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (d) if only part of the material is dealt wit h—the amount and 
substantiality of the part dealt with, taken in relation to the 
whole material . 
113F   Use of copyright material by organis ation s assisting persons 
with a disability  
  An organisation assisting persons with a disability, or a person 
acting on behalf of such an organisation, does not infringe 
copyright in copyright material by using the material if:  
 (a) the use is for the sole purpose of assisting one or more 
persons with a disability to access the material in a format 
that the person or per sons require because of the disability 
(whether the access is provided by or on behalf of the 
organisation or by another body or person); and  
 (b) the organisation, or the person acting on behalf of the 
organisation, is satisfied that the material (or a re levant part 
of the material) cannot be obtained in that format  within a 
reasonable time at an ordinary commercial price.  
Division  3—Libraries and archives  
Subdivision A—Public  libraries, parliamentary  libraries and 
archives  
113G   Libraries  
  This Subdivision applies to a library  if: 
 (a) all or part of the collection comprising the library is 
accessible to members of the public directly or through 
interlibrary loans;  or 
 (b) the principal purpose of the library is to provide library 
servi ces for members of a Parliament.  
Note  1: For references to a Parliament, see section  12. 
Note 2:  This Subdivision also applies to archives (within the meaning of 
section  10). 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  7 
 113H   Preservation  
 (1) An authorized officer of a library or archives  does not infrin ge 
copyright in copyright material by using the material if:  
 (a) the use is for the purpose of preserving the collection  
comprising that or another  library or archives ; and  
 (b) either or both  of the following subparagraphs apply : 
 (i) the authorized officer ’s library or archives  holds the 
material in original form ; 
 (ii) the authorized officer is satisfied that  a copy of the 
material cannot be obtained in a version or format that  is 
required for that purpose, consistent with best practice 
for preserv ing such collections . 
 (2) An author ized officer of a library or archives does not infringe 
copyright in copyright material  (the preservation copy ) by making 
the preservation copy available to be accessed at the library or 
archives if : 
 (a) subsection  (1) applied to the making of the preservation copy 
because it was done for the purpose of preserving the 
collection comprising the library or archives; and  
 (b) the preservation copy  is in electronic form; and  
 (c) the body administering the library or archives takes 
reasonable steps to ensure that a person who access es the 
preservation copy  at the library or archives does not infringe 
copyright in the preservation copy.  
Note:  Other uses of the preservation copy migh t not infringe copyright 
because of other provision s of this  Act, such as section  49 
(Reproducing and communicating works by libraries and archives for 
users).  
113J   Research  
 (1) An authorized officer of a library or archives does not infringe 
copyright i n copyright material by using the material if:  
 (a) the material forms part of the collection  comprising the 
library or archives ; and  
 (b) the library or archives holds the material in original form; 
and 
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
8 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (c) the use is for the purpose of research carried out at  that or 
another  library or archives . 
 (2) An authorized officer of a library or archives does not infringe 
copyright in copyright material  (the research copy ) by making the 
research copy available to be accessed at the library or archives  if: 
 (a) subsection  (1) applied to the making of the research copy 
because it was done for the purpose of research carried out at 
the library or archives; and  
 (b) the research copy  is in electronic form; and  
 (c) the body administering the library or archives take s 
reasonable steps to ensure that a person who accesses the 
research copy at the library or archives does not infringe 
copyright in the research copy.  
Note:  Other uses of the research copy might not infringe copyright be cause 
of other provisions of this  Act, such as section  49 (Reproducing and 
communicating works by libraries and archives for users ). 
113K   Administration  of the collection  
  An authorized officer of a library or archives does not infringe 
copyright in copyright material by using the material  if the use is 
for purposes directly related to the care or control of the collection  
comprising the library or archives . 
Subdivision B—Key cultural institutions  
113L   Meaning of key cultural institution  
  A library or archives is a key cultural institution  if the body 
administering it: 
 (a) has, under a law of the Commonwealth or a State or 
Territory, the function of developing and maintaining the 
collection  comprising the library or archives ; or 
 (b) is prescribed by the regulations for the purp oses of this 
paragraph . 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  9 
 113M   Preservation  
 (1) An authorized officer of a key cultural institution does not infringe 
copyright in copyright material by using the material if:  
 (a) the material forms part of the collection  comprising the key 
cultural insti tution ; and  
 (b) the authorized officer is satisfied that the material is of 
historical or cultural significance to Australia; and  
 (c) the use is for the purpose of preserving the material; and  
 (d) either or both  of the following subparagraphs appl y: 
 (i) the key cultural institution  holds the material in original 
form;  
 (ii) the authorized officer is satisfied that a copy of the 
material cannot be obtained in a version or format that is 
required for that purpose , consistent with best practice 
for prese rving such copyright material . 
Note:  If the use of the copyright material does not meet the requirements of 
this subsection, the authorized officer might be able to rely on 
subsection  113H (1) instead.  
 (2) An authorized officer of a key cultural institution does not infringe 
copyright in copyright material (the preservation copy ) by making 
the preservation copy  available to be accessed at the key cultural 
institution if: 
 (a) subsection  (1) applied to the ma king of the preservation copy 
because it was done for the purpose of preserving copyright 
material that formed part of the collection comprising the key 
cultural institution; and  
 (b) the preservation copy is in electronic form; and  
 (c) the body administe ring the key cultural institution takes 
reasonable steps to ensure that a person who accesses the 
preservation copy at the key cultural institution does not 
infringe copyright in the preservation copy.  
Note:  Other uses of the preservation copy might not in fringe copyright 
because of other provisions of th is Act, such as section  49 
(Reproducing and communicating works by libraries and archives for 
users).  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
10 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 Division  4—Educational institutions —statutory licen ce 
113N   Simplified outline of this Division  
An educational institution may copy or communicate certain 
copyright material for educational purposes if the body 
administering the educational institution agrees to p ay equitable 
remuneration to a  collecting society . 
113P   Copying and communicating works an d broadcasts  
Works  
 (1) The body administering an educational institution does not infringe 
copyright in a work by copying or communicating the whole or a 
part of the work if:  
 (a) a remuneration notice that applies to the educational 
institution and the w ork is in force under section  113Q; and  
 (b) the work is not:  
 (i) a computer program; or  
 (ii) a compilation of computer programs; or  
 (iii) a work included in a broadcast; and  
 (c) the copying or communicating occurs solely for the 
educational purposes o f: 
 (i) the educational institution; or  
 (ii) another educational institution, if a remuneration notice 
that applies to the other educational institution and the 
work is in force under section  113Q; and  
 (d) the amount of the work copied or communicated do es not 
unreasonably prejudice the legitimate interests of the owner 
of the copyright; and  
 (e) the copying or communicating complies with:  
 (i) any relevant agreement between the relevant works 
collecting society and the body administering the 
educational institution; and  
 (ii) any relevant determination made by the Copyright 
Tribunal under subsection  (4) of this section.  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  11 
 Broadcasts  
 (2) The body administering an educational institution does not infringe 
copyright in copyright material by copying, or communicating a 
copy of, the whole or a part of a broadcast if:  
 (a) a remuneration notice that applies to the educational 
institution and the material is in force under section  113Q; 
and 
 (b) the material is:  
 (i) the broadcast; or  
 (ii) a work, sound rec ording or cinematograph film included 
in the broadcast; and  
 (c) the copying or communicating occurs solely for the 
educational purposes of:  
 (i) the educational institution; or  
 (ii) another educational institution, if a remuneration notice 
that applies t o the other educational institution and the 
material is in force under section  113Q; and  
 (d) the copying or communicating complies with:  
 (i) any relevant agreement between the broadcasts 
collecting society and the body administering the 
educational insti tution; and  
 (ii) any relevant determination made by the Copyright 
Tribunal under subsection  (4) of this section.  
 (3) For the purposes of Part  XIA, each performer in a performance is 
taken to have authorised the copying, or the communicating a 
copy, of th e whole or a part of:  
 (a) a broadcast of the performance; or  
 (b) the content of a broadcast of the performance;  
if subsection  (2) applies to the copying or communicating.  
Note:  The effect of this subsection is that no right of action and no offence 
occur s, in respect of the copy or communication, under Part  XIA 
(Performers ’ protection).  
Questions determined by Copyright Tribunal  
 (4) The Copyright Tribunal may determine a question relating to 
copying or communicating mentioned in subsection  (1) or (2) if:  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
12 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (a) the relevant collecting society and the body administering the 
relevant educational institution fail to determine the question 
by agreement under subparagraph  (1)(e)(i) or (2)(d)(i); and  
 (b) the society or the body applies to the Tribunal to have th e 
Tribunal determine the question.  
Note:  Section  153A sets out the procedure of the Copyright Tribunal in 
dealing with the application.  
Copies and communications subsequently used for other purposes  
 (5) Subsections  (1), (2) and (3) do not apply, and are t aken never to 
have applied, to copying, or communicating a copy, by a body 
administering an educational institution if the copy is, with the 
consent of the body:  
 (a) used for a purpose other than the educational purposes of an 
educational institution; or  
 (b) given to the body administering another educational 
institution, if no remuneration notice that applies to the other 
educational institution and the relevant copyright material is 
in force under section  113Q; or  
 (c) sold or otherwise supplied for a f inancial profit.  
Content of certain broadcasts  
 (6) This section  applies to the content of a broadcast in the same way 
as this section  applies to a broadcast if  the content of the broadcast 
was: 
 (a) electronically transmitt ed using the internet at the same time, 
or at substantially the same time, as the broadcast; or  
 (b) if the broadcast is a free -to-air broadcast —made available 
online by the br oadcaster of the broadcast at the same time 
as, or after, the broadcast.  
113Q   Rem uneration notices  
 (1) A remuneration notice  is a written notice:  
 (a) that the body administering an educational institution gives to 
a collecting society; and  
 (b) by which the body undertakes:  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  13 
  (i) to pay to the society equitable remuneration for licens ed 
copying or communicating; and  
 (ii) to give to the society reasonable assistance to enable the 
society to collect and distribute that equitable 
remuneration.  
Note:  For equitable remuneration, see section  113R.  
 (2) Copying or communicating  mentioned in subsection  113P(1) or (2) 
is licensed copying or communicating  if the copying or 
communicating does not infringe copyright  only because of 
section  113P.  
 (3) A remuneration notice that a body  gives to a collecting society 
under this section applies to : 
 (a) an educational institution  that the body administers ; and  
 (b) copyright material  for which the society is the collecting 
society . 
Note:  See paragraph  113V(4)(a).  
 (4) However, the notice does not apply to a work  to which 
paragraph  113P( 1)(b) applies  if the society  is not the works 
collecting society for the eligible rights holder who own s the 
copyright in the work . 
Note:  See paragraph  113V(4)(b).  
When remuneration notice is in force  
 (5) A remuneration notice  given under this section : 
 (a) comes into force on:  
 (i) the day on which the notice is given to the relevant 
collecting society; or  
 (ii) a later day specified in the notice; and  
 (b) remains in force until it is revoked . 
 (6) The body administering an educational institution may , at any 
time,  revoke a remuneration notice the body gave to a collecting 
society under this section. The body revokes the remuneration 
notice by giving notice in writing to the society . The revocation 
takes effect:  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
14 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (a) at the end of the period of 3 months starting on the day the 
notice of revoca tion is given to the society; or  
 (b) on a later day specified in the notice of revocation . 
113R   Equitable remuneration  
 (1) The amount of the equitable remuneration that, by a remuneration 
notice  given to a collecting society under section  113Q , the body 
administering an educational institution undertakes to pay  for 
licen sed copying or communicati ng is the amount:  
 (a) agreed between the society and the body ; or 
 (b) determined by the Copyright Tribunal under subsection  (2). 
 (2) The Copyright Tribunal may determine the amount of the equitable 
remuneration if:  
 (a) the society and the body fail to determine the amount by 
agreement under paragraph  (1)(a); and  
 (b) the society or the body apply to the Tribunal to have the 
Tribunal  determine the amount.  
Note:  Section  153A  sets out the procedure of the Copyright Tribunal in 
dealing with the application.  
 (3) A determination of the Tribunal under subsection  (2) may be 
expressed to have effect in relation to copying or communicating  
done before the day on which the determination is made.  
113S   Educational institutions must assist collecting society  
 (1) If a remuneration notice that applies to an educational institution  is 
in force  under section  113Q , the relevant collecting society may , in 
writing (the entry notice ), notify the body  administering the 
educational institution that  the society wishes, on a day specified in 
the notice, to enter the premises of the educational institution for 
the purpose of reviewing the body ’s compliance wi th: 
 (a) the remuneration notice; and  
 (b) any relevant  agreement s and  determination s mentioned in 
paragraph  113P (1)(e) or (2)( d). 
 (2) A person authorised in writing by the collecting  society may enter 
the premises of the educational institution for the p urpose 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  15 
 mentioned in subsection  (1) after the collecting society gives the 
entry notice to the body.  
 (3) Entry onto premises under subsection  (2) may only occur : 
 (a) during ordinary working hours of the educational institution; 
and 
 (b) on the day specified in the entry notice, which must not be 
earlier than 7 days after the day on which the entry notice is 
given . 
 (4) The Copyright Tribunal may determine a question relating to entry 
onto premises of an educational institution under this section if:  
 (a) the relevant collecting society and the body administering the 
educational institution fail to determine the question by 
agreement; and  
 (b) the society or the body applies to the Tribunal to have the 
Tribunal determine the question.  
Note:  Section  153A  sets out the procedure of the Copyright Tribunal in 
dealing with the application.  
 (5) The body administering an educational institution must:  
 (a) ensure that a person who enters the premises of the 
educational institution under subsection  (2) is provided with 
all reasonable and necessary facilities and assistance for the 
effective review of the body ’s compliance with the 
remuneration notice, agreements and determinations 
mentioned in paragraphs  (1)(a) and (b); and  
 (b) comply with any determinations of the Copyright Tribunal 
made under subsection  (4). 
 (6) A body administering an educational institution commits an 
offence if  the body contravenes subsection  (5). 
Penalty:  5 penalty units . 
113T   Voluntary licences  
 (1) Noth ing in this Division  affects the right of the owner of the 
copyright in copyright material to grant a licence authorising any 
use of that material by the body administering  an educational 
institution . 
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
16 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (2) Nothing in this Division  affects the right of a pe rformer in a 
performance (within the meaning of Part  XIA) to authorise the 
body administering an educational institution:  
 (a) to make, or cause to be made, a sound recording or a 
cinematograph film of the performance; and  
 (b) to communicate, or cause to be communicated, that recording 
or film . 
113U   Persons acting on behalf of bodies administering educational 
institutions  
  A reference in this Division  (other than  the first reference in  
subsection  113S (6)) to the body administering an educational 
institut ion includes a reference to a person acting on behalf of the 
body . 
Division  5—Collecting societies  
Subdivision A —Declaration of collecting society  
113V   Declaration of collecting society  
Applications  
 (1) A body may apply, in writing, to the Minister to be  declared to be:  
 (a) the works collecting society for:  
 (i) all eligible rights holders; or  
 (ii) specified classes of eligible  rights  holders ; or 
 (b) the broadcasts collecting society . 
Declarations  
 (2) After receiving the application, the Minister must  do one of the 
following:  
 (a) declare the body to be a collecting society;  
 (b) refuse to declare the body to be a collecting society;  
 (c) both:  
 (i) refer the application to the Copyright Tribunal in the 
way prescribed by the regulations; and  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  17 
  (ii) notify the body of the referral.  
 (3) The Copyright Tribunal may declare the body to be a collecting 
society if the Minister refers the application to the Tribunal under 
paragraph  (2)(c). The Registrar must notify the Minister of the 
declaration.  
Note:  Section 153A sets out the procedure of the Copyright Tribunal in 
dealing with the referral.  
 (4) A declaration of the body to be a collecting society  under this 
section must declare the body to be  a collecting society : 
 (a) for either : 
 (i) works to which par agraph  113P( 1)(b) applies ; or 
 (ii) copyright material to which paragraph  113P(2)(b) 
applies; and  
 (b) for: 
 (i) if subparagraph  (a)(i) of this subsection applies —
specified classes of eligible rights holders; or  
 (ii) in either  case—all eligible rights holders.  
 (5) The Minister must,  by notifiable instrument, give  notice of a 
declaration made under this section.  
Existing collecting societies  
 (6) If: 
 (a) a body is declared to be the works collecting society for an 
eligible rig hts holder; and  
 (b) another body is later declared to be the works collecting 
society for the eligible rights holder ; 
the first declaration ceases to be in effect on the day (the cessation 
day) before the second declaration commences , to th e extent the 
first declaration relates to the eligible rights holder.  
 (7) If: 
 (a) a remuneration notice given to the  first body under 
section  113Q : 
 (i) is in force on the cessation day; and  
 (ii) applies to a work; and  
 (b) the eligible rights holder owns the copyrigh t in the work ; 
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
18 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 the notice ceases to be in force  on the cessation day , to the extent 
the notice  applies to the work.  
 (8) A body cannot be declared to be the broadcasts collecting society 
while another body is declared to be the broadcasts collecting 
society.  
Eligible rights holders  
 (9) In this Act:  
eligible rights holder  means:  
 (a) for a works collecting society —the owner of the copyright in 
a work ; or 
 (b) for the broadcasts collecting society —any of the following:  
 (i) the owner of the copyright in a work, a sound recording 
or a cinematograph film (other than a new owner of the 
copyright in a sound recording of a live performance 
within the meaning of section  100AB);  
 (ii) a performer in a performance (within the meaning of 
Part XIA) . 
113W   Requir ements for declaration of collecting society  
  The Minister and the Copyright Tribunal must not declare a body 
to be a collecting society  for eligible rights holders under 
section  113V  unless:  
 (a) the body  is a company limited by guarantee and incorporate d 
under a law  of the Commonwealth, a State or a Territory  
relating to companies; and  
 (b) all of those eligible rights holders , or their agents, are entitled 
to become its members; and  
 (c) its rules  prohibit the payment of dividends to its members; 
and 
 (d) its rules  contain such other provisions as are prescribed  by 
the regulations , being provisions necessary to ensure that the 
interests of the collecting society ’s members who are eligible 
right s holders or their agents are protected adequately, 
includin g provisions about:  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  19 
  (i) the collection of amounts of equitable remuneration 
payable under remuneration notices given to the society 
under section  113Q ; and  
 (ii) the payment of the administrative costs of the society 
out of amounts collected by it; and  
 (iii) the distribution of amounts collected by it; and  
 (iv) the holding on trust by the society of amounts for 
eligible right s holders who are not its members; and  
 (v) access to records of the society by its members . 
113X   Revocation of declaration  
 (1) Subsection  (2) applies if the Minister is satisfied that a body 
declared to be a collecting society  under section  113V : 
 (a) is not functioning adequately as the collecting society; or  
 (b) is not act ing in accordance with its rules  or in the best 
interests  of those of its members who are eligible right s 
holders or their agents; or  
 (c) has altered its rules so that they no longer compl y with 
paragraphs 113W (c) and (d); or  
 (d) has refused or failed, without reasonable excuse, to comply 
with section  113Z  or 113ZA.  
 (2) The Minister may:  
 (a) revoke the declaration; or  
 (b) refer  to the Copyright Tribunal , in the way prescribed by the 
regulations, the question whether the declaration should be 
revoked . 
 (3) The Tribunal may  revoke the declaration if:  
 (a) the Minister refers the question to the Copyright Tribunal 
under paragraph  (2)(b); and  
 (b) the Tribunal is satisfied that paragraph  (1)(a), (b),  (c) or (d) 
applies to the body.  
The Registrar must notify the Minister of the revocation.  
Note:  Section  153A  sets out the procedure of the Copyright Tribunal in 
dealing with the referral . 
Authorised Version C2017A00049Sche dule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
20 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (4) A revocation under this section must specify the day on which it 
takes effect.  
 (5) The Minister must, by notifiable instrument, give notice of a 
revocation under this secti on. 
 (6) Subsection  33(3) of the Acts Interpretation Act 1901  does not 
apply in relation to a power under section  113V of this Act to make 
a declaration.  
Subdivision B —Operation of collecting society  
113Y   Scope of this Subdivision  
  This Subdivision applies to:  
 (a) a works collecting society; or  
 (b) the broadcasts collecting society . 
113Z   Annual report and accounts  
 (1) The collecting society must, as soon as practicable after  the end of  
each financial year:  
 (a) prepare a report of its operations during that financial year; 
and 
 (b) send a copy of the report to the Minister , for presentation to 
the Parliament . 
 (2) The collecting  society must keep accounting records correctly 
recording and explaining the transactions of the society (including 
any t ransactions as trustee) and the financial position of the 
society . 
 (3) The accounting records must 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 pro perly 
audited . 
 (4) The collecting society must:  
 (a) 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  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  21 
  (b) must send to the Minister a copy of its accounts as so audited . 
 (5) The collecting  society must give its members reasonable access to 
copies of all reports and audited accounts prepared under this 
section . 
 (6) This section does not affect any obligations of a collecting society 
relating to the preparat ion and lodging of annual returns or 
accounts under the law under which it is incorporated . 
113ZA   Amendment of rules  
  The collecting society must, within 21 days after it alters its rules, 
send a copy of the rules as so altered to the Minister, together with 
a statement setting out:  
 (a) the effect of the alteration; and  
 (b) the reasons why it was made . 
113ZB   Review of distribution arrangement  by Copyright Tribunal  
 (1) The collecting society or a member of the society may apply to the 
Copyright Tribunal for review of the arrangement adopted, or 
proposed to be adopted, by the society for distributing amounts it 
collects in a period . 
Note:  Section  153A  sets out the procedure of the Copyright Tribunal in 
dealing with the application.  
 (2) After an application is made under subsection  (1), the Tribunal 
must make an order:  
 (a) confirming the arrangement; or  
 (b) varying the arrangement; or  
 (c) substituting for the arrangement another arrangement for 
distributing amounts the collecting society collects in the 
period . 
 (3) If the Tribunal makes an order varying the arrangement or 
substituting for it another arrangement, the ar rangement reflecting 
the Tribunal ’s order:  
 (a) has effect as if it had been adopted in accordance with the 
society ’s rules; and  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
22 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (b) does not affect a distribution started before the order was 
made.  
113ZC   Operation of collecting society rules  
  Division  4 and t his Division appl y to the collecting society despite 
anything in the rules of the society, but nothing in th ose Division s 
affects the rules so far as they can operate together with th ose 
Division s. 
3  Subdivisions C and D of Division  3 of Part  VI 
Repeal the Subdivisions, substitute:  
Subdivision C —Applications and referral s relating to Part  IVA 
153A   Applications and referral s relating to Division  4 of Part IVA 
 (1) This section applies to an application or referral  to the Tribunal 
mentioned in colu mn 1 of an item of the table  in subsection  (4). 
 (2) The parties to the application or referral  are the parties mentioned 
in column 2 of the item . 
 (3) The Tribunal must:  
 (a) consider the application  or referral ; and  
 (b) give the parties the opportunity to present their cases; and  
 (c) comply with column 3 of the item.  
 (4) This is the table:  
 
Applications and referral s relating to licensed copying and communicating  
Item  Column 1  
Application or 
referral  Column 2  
Parties  Column 3  
The Tribunal must …  
1 an application made 
under 
paragraph  113P(4)(b) 
or 113S(4)(b) to 
determine a question  (a) the relevant 
collecting society; 
and 
(b) the body 
administering the 
relevant having regard to any 
matters prescribed by the 
regulations, determin e 
the relevant question 
under subsection  113P(4) 
or 113S(4).  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Main amendments   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  23 
 Applications and referral s relating to licensed copying and communicating  
Item  Column 1  
Application or 
referral  Column 2  
Parties  Column 3  
The Tribunal must …  
educational 
institution  
2 an application made 
under 
paragraph  113R(2)(b) 
to determine an 
amount of equitable 
remuneration  (a) the relevant 
collecting society; 
and 
(b) the body 
administering the 
relevant 
educational 
institution  having regard to any 
matters prescribed by the 
regulations, determine 
the amount of equitable 
remuneration under 
subsection  113R(2).  
3 a referral under 
paragraph  113V(2)(c) 
of an application by a 
body (the applicant ) 
to be declared to be a 
collecting society  (a) the applicant; and  
(b) any person made 
a party under 
subsection  (5) of 
this section  (a) declare the applicant 
to be a collecting 
society under 
subsection  113V(3); 
or 
(b) refuse to declare the 
applicant to be a 
collecting society.  
4 a referral under 
paragraph  113X(2)(b
) of the question 
whether a declaration 
of a body to be a 
collecting society 
should be revoked  (a) the Minister; and  
(b) the body; and  
(c) any person made a 
party under 
subsection  (5) of 
this section  (a) revoke the decla ration 
under 
subsection  113X(3); 
or 
(b) refuse to revoke the 
declaration.  
5 an application under 
subsection  113ZB(1) 
for review of the 
arrangement adopted, 
or proposed to be 
adopted, by a 
collecting society for 
distributing amounts 
it collects in a period  (a) the applicant for 
the review; and  
(b) the collecting 
society (if it is not 
the applicant); 
and 
(c) any member or 
organization made 
a party under 
subsection  (5) of 
this section  make an order under 
subsection  113ZB(2).  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 1   Main amendments  
 
 
24 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (5) For the purposes of column 2 of item 3, 4 or 5 of the table, the 
Tribunal may make the following person or organization  a party to 
the referral  or application  if the person or organization asks to be 
made a party : 
 (a) in the case of item  3 or 4 —a person the Tribunal thinks has a 
sufficient interest in the matter;  
 (b) in the case of item  5—a person or organi zation  that: 
 (i) the Tribunal thinks has a substantial interest in the 
arrangement; and  
 (ii) is a member of the collecting society, or is an 
organi zation that claims to be representative of members 
of the collecting society.  
4  Subsection  200(1)  
Repeal the subsection, substitute:  
 (1) A teacher or student does not infringe copyright in a work by  
copying the whole or a part of the work  if: 
 (a) the cop ying occurs in the course of educational instruction ; 
and 
 (b) the copying is not done using: 
 (i) a device adapted for the production of multiple copies; 
or 
 (ii) a device capable of producing a copy or copies by a 
process of reprographic reproduction . 
 (1A)  Copying or communicating the whole or a part of  copyright 
material does not infringe copyright in the material , if the material  
is copied or communicated:  
 (a) as part of the questions to be answered in an examination; or  
 (b) in an answer to such a question.  
 (1B) In subsections  (1) and (1A):  
 (a) a reference to copying a work or copyright material includes 
a reference to making or copying an adaptation of the work 
or material ; and  
 (b) a reference to communicating copyright material includes a 
refer ence to communicating an adaptation of the material . 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Consequential amendments   Part 2  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  25 
 Part 2—Consequential amendments  
Copyright Act 1968  
5  Subsection  10(1)  
Insert:  
body administering : 
 (a) an institution —means : 
 (i) if the institution is a body corporate —the institution; or  
 (ii) otherwi se—the body or person (including the Crown) 
having ultimate responsibility for administering the 
institution; or  
 (b) a library or archives —means : 
 (i) if the library or archives is an archives covered by 
paragraph  (aa) of the definition of archives —the person 
having the custody of the archives in accordance with 
the relevant arrangement mentioned in that paragraph; 
or 
 (ii) otherwise —the body (whether incorporated or not) or 
person (including the Crown) having ultimate 
responsibility for administering th e library or archives.  
broadcasts collecting society  means the body declared to be a 
collecting society by a declaration that is in force  under 
section  113V  and to which subparagraph  113V(4)(a)(ii) applies . 
collecting society  means:  
 (a) a works collecting  society; or  
 (b) the broadcasts collecting society; or  
 (c) a body that a declaration in force under section  135ZZT 
declares to be a collecting society for the purposes of 
Part VC; or  
 (d)  a body that a declaration in force under section  135ZZZO 
declares  to be a collecting society for the purposes of 
Part VD; or  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 2   Consequential amendments  
 
 
26 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (e) a company that a declaration in force under section  153F 
declares to be a collecting society for the purposes of 
Division  2 of Part  VII. 
6  Subsection  10(1) (definition of copy ) 
Repeal the definition, substitute:  
copy : 
 (a) of a work —means a  reproduction; or  
 (b) of a sound recording —means a record embodying the sound 
recording, or a substantial part of the sound recording , 
derived directly or indi rectly from a record produced on the 
making of the sound recording; or  
Note:  See also subsection  (6). 
 (c) of a cinematograph film —means any article or thing in which 
the visual images or sounds comprising the film are 
embodied; or  
Note:  See also subsection  (5). 
 (d) of a broadcast —includes:  
 (i) a record embodying a sound recording of the whole or a 
part of the broadcast; or  
 (ii) a copy of a cinematograph film of the whole or a part of 
the broadcast.  
7  Subsection  10(1) (at the end of paragraphs  (aa), (a), (b) and 
(c) of the definition of education al institution ) 
Add “or”. 
8  Subsection  10(1) ( paragraphs  (d) to (i) of the definition of 
educational institution ) 
Repeal the paragraphs, substitute:  
 (d) a school of nursing; or  
 (e) an undertaking within a hospital, if the undertaking conducts 
courses of  study or training in the provision of:  
 (i) medical services; or  
 (ii) services incidental to the provision of medical services; 
or 
 (f) a teacher education centre; or  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Consequential amendments   Part 2  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  27 
  (g) an institution with the principal function of providing courses 
of study or traini ng for any of the following purposes:  
 (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 Engli sh to people whose first language is 
not English; or  
 (h) an undertaking within a body administering an educational 
institution, if:  
 (i) the educational institution is of a kind referred to in a 
preceding paragraph of this definition; and  
 (ii) 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 mentioned in a preceding paragraph of this 
definition, or of 2 or more suc h 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, if:  
 (i) the principal function, or one of the principal functions, 
of the institut ion, or undertaking, is the providing of 
material to educational institutions of a kind referred to 
in a preceding paragraph of this definition, or 2 or more 
such kinds; and  
 (ii) that activity is undertaken for the purpose of helping 
those institutions in  their teaching purposes . 
9  Subsection  10(1)  
Insert:  
eligible rights holder  has the meaning given by 
subsection  113V(9). 
government  has the meaning given by subsection  182B(1).  
government copy  has the meaning given by subsection  182B(1).  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 2   Consequential amendments  
 
 
28 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 10  Subsection  10(1) 
Repeal the following definitions:  
 (a) definition of institution assisting persons with an 
intellectual disability ; 
 (b) definition of institution assisting persons with a print 
disability . 
11  Subsection  10(1)  
Insert:  
key cultural institution  has the meaning given by section  113L.  
licen sed copying or communicati ng has the meaning given by 
subsection  113Q (2). 
Parliament : see section  12. 
12  Subsection  10(1) (definition of person with a print 
disability ) 
Repeal the definition . 
13  Subsection  10(1) 
Insert:  
record embodying  a sound recording  means:  
 (a) a record produced upon the making of the sound recording; 
or 
 (b) a record that:  
 (i) embodies the sound recording ; and  
 (ii) is derived  directly or indirectly from a record produced 
upon the making  of the sound recording . 
remuneration notice  means:  
 (a) a notice mentioned in section  113Q ; or 
 (b) a notice mentioned in section  135ZZL; or  
 (c) a notice mentioned in section  135ZZZJ . 
rules , of a collecting society, means the constitution  of the society . 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Consequential amendments   Part 2  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  29 
 works collecting society  means a body declared to be a collecting 
society by a declaration that is in force under section  113V  and to 
which subparagraph  113V(4)(a)(i) applies . 
14  Para graph s 10(3)(a) , (b), (c), (f), (h), (ha) , (l) and (m)  
Repeal the paragraphs . 
15  Subsection  10(5)  
Omit “For the purposes of the definition of copy  in subsection  (1), such 
a copy  includes ”, substitute “A reference to a copy of a cinematograph 
film includes  a reference to ”. 
16  Subsection  10(6)  
Omit “For the purposes of p aragraph  10(3)(c), a  reference to a copy of a 
sound recording includes ”, substitute “A reference to a copy of a sound 
recording includes a reference to ”. 
17  Section s 10A and 47A  
Repeal the sections.  
18  Subsections  49(2) and (2C)  (note ) 
Omit “subsection  51A(1), to replace the article or published work 
because it was damaged, had deteriorated or had been lost or stolen ”, 
substitute “subsection  113H (1) (Preservation) ”. 
19  Subsection  49(9) (note)  
Omit “, 203D ”. 
20  Subsection  50(2) (note)  
Omit “subsection  51A(1), to replace the article or published work 
because it was damaged, had deteriorated or had been lost or stolen ”, 
substitute “subsection  113H(1) (Preservation) ”. 
21  Subsection  50(10) (note)  
Omit “, 203D ”. 
22  Section s 51A and 51B  
Repeal the sections . 
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 2   Consequential amendments  
 
 
30 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 23  At the end of paragraph  53(a)  
Add “and”. 
24  Paragraph 53(b)  
Omit “, section  51 or 51A ”, substitute “or section  51”. 
25  At the end of paragraph  53(b)  
Add “and”. 
26  Paragraph 53(d)  
Omit “section  51A or ”. 
27  At the end of section  54 
Add:  
Original form  
 (6) The definition of original form  in su bsection  10(1) does not apply 
in this Division.  
28  Section  100AH (note)  
Omit “a relevant right holder  under section  135A ”, substitute “an 
eligible rights holder  under subsection  113V(9) ”. 
29  Section  100AH (note)  
Omit “135ZB, ”. 
30  Section s 110B and 110BA  
Repeal the section s. 
31  Subparagraph 112(a)(i)  
Omit “or 44 ”, substitute “, 44 or 113E ”. 
32  Subparagraph 112(a)(ii)  
Repeal the subparagraph, substitute:  
 (ii) a use of the whole or a part of that work, being a u se 
that, because of section  49, 50, 113F , 113H , 113J , 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Consequential amendments   Part 2  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  31 
 113K , 113M , 113P  or 182A, does not infringe copyright 
in that work; or  
33  Subparagraph 112(b)(i)  
Omit “or 44 ”, substitute “, 44 or 113E ”. 
34  Subparagraph 112(b)(ii)  
Repeal the subparagraph, substitute:  
 (ii) a use of a whole or a part of one of those works, or a use 
of the whole or parts of some or all of those works, 
being a use that,  because of section  49, 50, 113F , 113H , 
113J , 113K , 113M , 113P  or 182A , does not infringe 
copyright in that w ork or those works . 
35  Section  112AA  
Repeal the section . 
36  Section  116AB (definition of copyright material ) 
Repeal the definition . 
37  Section  132AA (definition of copyright material ) 
Repeal the definition . 
38  Section  134B (definition of copyright mate rial) 
Repeal the definition . 
39  Parts VA and VB  
Repeal the Parts . 
40  Section  135ZZI (definition of rules ) 
Repeal the definition . 
41  Section  135ZZZF (definition of rules ) 
Repeal the definition.  
42  Subdivision A of Division  3 of Part  VI 
Repeal the Subdivision.  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 2   Consequential amendments  
 
 
32 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 43  Section  149A  
Repeal the section . 
44  Before section  153E  
Insert:  
153DF   Meaning of copyright material  
  In this Subdivision:  
copyright material  has the same meaning as in Division  2 of 
Part VII. 
45  Subdivision F of Division  3 of Part  VI 
Repeal the Subdivision . 
46  Subsection  195A(3)  
Repeal the  subsection, substitute:  
 (3) A reference in this Part to an educational institution includes a 
reference to an institution that has at any time been an educational 
institution . 
47  Paragraphs 195B(1)(a) and (b)  
Repeal the paragraphs . 
48  Paragraph 195B(1)(e)  
Omit “135P(1A)(b), 135ZZB(1A)(b) ”, substitute “113V (2)(b)”. 
49  Paragraph 195B(1)(f)  
Omit “135Q(2)(a), 135ZZC(2)(a) ”, substitute “113X (2)(a) ”. 
50  Subsection  195B(2)  
Repeal the  subsection . 
51  Subsection  195B(4)  
Omit “(2) or ”. 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Consequential amendments   Part 2  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  33 
 52  Subsection  195B(4)  
Omit “(2)(b) or (c) or (3)(b), as the case requires, ”, substitute “(3)(b) ”. 
53  Subsections  200(3) and (4)  
After “subsections  (1),”, insert “(1A), ”. 
54  Section  200AA  
Repeal the section . 
55  Paragraph 200AB(1)(b)  
Omit “, (3) or (4) ”, substitute “or (3) ”. 
56  Subsection  200AB(4)  
Repeal the subsection.  
57  Subsection  200AB(6) (examples 1 and 2 ) 
Repeal the examples, substitute:  
Example:  Paragraph  (a)—Without using a device adapted fo r producing multiple 
copies or a device that can produce copies by reprographic 
reproduction, a school teacher copies a literary work in the course of 
educational instruction. Under subsection  200(1), the copying is not an 
infringement of copyright in the work, so this section does not apply.  
58  After subsection  200AB(6)  
Insert:  
 (6AA)  In working out, for the purposes of subsection  113Q( 2) (about  the 
meaning of  licensed copying or communication ), whether  copying 
or communicating does not infringe copyright  only because of 
section  113P, disregard this section.  
59  Subsection  200AB(6A)  
Omit “, (3)(c) or (4)(c) ”, substitute “or (3)(c) ”. 
60  Subparagraph 203A(1)(b)(i)  
Omit “, 50, 51A or 110B ”, substitute “or 50 ”. 
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 2   Consequential amendments  
 
 
34 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 61  Section  203D  
Repeal the section.  
62  Section  203E (heading)  
Repeal the heading, substitute:  
203E   Inspection of records and declarations retained in records of 
libraries and archives  
63  Subsection  203E(1)  
Repeal the subsection, substitute:  
 (1) The owner of the copyright in a work, sound recording or 
cinematograph film, or the agent of such an owner, may notify the 
officer in charge of a library or archives, in writing, that he or she 
wishes to inspect, on a day specified in the notice:  
 (a) all the relevant declarations retained in the records of t he 
library or archives that relate to the making, in reliance on 
section  49 or 50, of copies of works or parts of works or of 
copies of other subject -matter; or  
 (b) such of those declarations as:  
 (i) relate to the making, in reliance on section  49 or 50,  of 
copies of works or parts of works or of copies of other 
subject -matter; and  
 (ii) were made during a period specified in the notice.  
 (2) The day specified in the notice must be an ordinary working day of 
the library or archives that is at least 7 days  after the notice is 
given . 
64  Paragraph s 203F(a) and 203G(a)  
Omit “, 50, 51A or 110B ”, substitute “or 50 ”. 
65  Subsection  203H(1)  
Omit “, 50 or 51A ”, substitute “or 50 ”. 
66  Subsection  203H(2)  
Repeal the subsection . 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Consequential a mendments   Part 2  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  35 
 67  Paragraph 203H(4)(a)  
Repeal the paragraph, substitute:  
 (a) the person makes a notation described in subsection  (1) on a 
reproduction of a work or part of a work; and  
68  Subsection  203H(5)  
Omit “subsections  (1) and (2) ”, substitute “subsection  (1)”. 
69  Subparagraphs  203H(5)(b)(iv) and (c)(iv)  
Omit “those subsections  apply ”, substitute “that subsection  applies ”. 
70  Subsections  203H(6) to (10)  
Repeal the subsections . 
71  Subsection  248A(1) (at the end of paragraph  (aa) of the 
definition of exempt recording ) 
Add:  
Note:  See subsection  (1A). 
72  Subsection  248A(1) ( paragraphs  (c), (d) and (e) of the 
definition of exempt recording ) 
Repeal the paragraphs, substitute:  
 (c) a direct or indirect sound recording or cinematograph film of 
a performance  if the recording or film is made:  
 (i) by, o r on behalf of, the body administering an 
educational institution; and  
 (ii) solely for the educational purposes of that or another 
educational institution; or  
Note:  See section  248B.  
 (d) a direct or indirect sound recording or cinematograph film of 
a per formance if the recording or film  is a fair dealing with 
the performance for the purpose of one or more persons with 
a disability having access to copyright material; or  
 (e) a direct or indirect sound recording or cinematograph film of 
a performance if th e recording or film is made:  
 (i) by, or on behalf of, an organisation assisting persons 
with a disability ; and  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 2   Consequential amendments  
 
 
36 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (ii) solely for the purpose  of assisting one or more persons 
with a disability to access copyright material in a format 
that the person or pers ons require because of the 
disability (whether the access is provided by or on 
behalf of the organisation or by another body or 
person); or  
 (ea) a direct or indirect sound recording or cinematograph film of 
a performance if the recording or film is made  by an 
authorized officer of a library or archives to which 
Subdivision A of Division  3 of Part  IVA applies solely for 
any of the following purposes:  
 (i) the purpose of preserving the collection comprising that 
or another library or archives to which that S ubdivision 
applies;  
 (ii) the purpose of research carried out at that or another 
library or archives to which that Subdivision applies;  
 (iii) purposes directly related to the care of control of the 
collection comprising the library or archives; or  
 (eb) a direct or indirect sound recording or cinematograph film of 
a performance if the recording or film is made  by an 
authorized officer of a key cultural institution solely for the 
purpose of preserving copyright material that:  
 (i) forms part of the collecti on comprising the key cultural 
institution; and  
 (ii) the authorized officer is satisfied is of historical or 
cultura l significance to Australia; or  
73  Subsection  248A(1) ( paragraphs  (ja) and (k) of the 
definition of exempt recording ) 
Repeal the paragraph s, substitute:  
 (ja) a copy of a sound recording if:  
 (i) paragraph  (aa), (c), (d ), (e), (ea), (eb), (fa),  (g) or (j) 
applies to the sound recording; and  
 (ii) the copy is made solely for a purpose mentioned in any 
of those paragraphs  (other than paragraph  (j)); or  
 (k) a copy of a cinematograph film if: 
 (i) paragraph  (a), (b), (c), ( d), (e), (ea), (eb), (f), (g) or (j)  
applies  to the film; and  
Authorised Version C2017A00049Uses tha t do not infringe copyright   Schedule 1  
Consequential amendments   Part 2  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  37 
  (ii) the copy is made solely for a purpose mentioned in any 
of those paragraphs  (other than paragraph  (j)); or 
74  Subsection  248A(1) ( paragraph  (n) of the definition of 
exempt recording ) 
Repeal the paragraph, substitute:  
 (n) a copy of a sound recording  or cinematograph film  of a 
performance if: 
 (i) paragraph  (j) applies to the recording or film ; and  
 (ii) the copy is made 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  
75  Subsection s 248C(1A) and (2)  
Repeal the subsection s, substitute:  
 (1A)  A sound recording, or a copy of a sound recording, ceases to be an 
exempt recording if  it: 
 (a) is an exempt recording because it was made for a purpose 
mentioned in paragraph  (aaa), (aa), (c), ( d), (e), (ea), (eb) or 
(fa) of the definition of exempt recording  in 
subsection  248A(1); and  
 (b) is used for a purpose not mentioned in those paragraphs 
without the authority of the performer.  
 (2) A cinematograph film, or a copy of a cinematograph film, ceases to 
be an exempt recording if  it: 
 (a) is an exempt recording b ecause it was made for a purpose 
mentioned in paragraph  (a), (aaa), (b), (c), ( d), (e), (ea), (eb) 
or (f) of the definition of exempt recording  in 
subsection  248A(1); and  
 (b) is used for a purpose not mentioned in those paragraphs 
without the authority of  the performer.  
76  Subsection  248G(1) (note)  
Repeal the note, substitute:  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 2   Consequential amendments  
 
 
38 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 Note:  An educational institution can copy and communicate a broadcast of a 
performance without the authority of the performer in some 
circumstances: see Division  4 of Part  IVA.  
77  Subsection  248PC(7) (note 2)  
Omit “or other ”. 
78  Subsection  248PC(7) (note 2)  
Omit “sections  135E and 135F ”, substitute “Division  4 of Part  IVA”. 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Transitional provisions   Part 3  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  39 
 Part 3—Transitional provisions  
79  Definitions  
In this Part:  
new law  means the Copyright Act 1968 , as amended by this Schedule.  
old law  means the Copyright Act 1968 , as in force immediately before 
the commencement of this item. 
80  Preservation and research  
(1) Subsection  113H(2) of the new law applies to copyright material that 
was made:  
 (a) under subsection  51A(1) or 110B(1) or (2) of the old law; 
and 
 (b) for the purpose of preserving or replacing copyright material 
that formed part of a collection;  
as if:  
 (c) subsection  113H(1) of the new law applied to the making of 
the material; and  
 (d) the m aterial had been made for the purpose o f preserving the 
collection.  
(2) Subsection  113J(2) of the new law applies to copyright material that 
was made:  
 (a) under subsection  51A(1) or 110B(1) or (2) of the old law; 
and 
 (b) for the purpose of research that was, or was to be, carried out 
at a library or archives;  
as if:  
 (c) subsection  113J(1) of the new law  applied to the making of 
the material ; and  
 (d) the material had been made for the purpose of research 
carried out at the library or archives.  
(3) Subsec tion 113M(2) of  the new law applies  to copyright material that 
was made:  
 (a) under  section  51B, 110BA or 112AA of the old law; and  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 3   Transitional provisions  
 
 
40 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (b) for the purpose of preserving or replacing copyright material 
held in a collection;  
as if:  
 (c) subsection  113M(1) of the new law  applied to the making of 
the material ; and  
 (d) the material had been made for the purpose of preserving 
copyright material that formed part of the collection . 
81  Key cultural institutions  
A regulation:  
 (a) made for the purpose s of subparagra ph 51B(1)(a)(ii), 
110BA(1)(a)( ii) or 112AA(1)(a)(ii) of the old law ; and  
 (b) in force immediately before the commencement of this item;  
has effect, from that commencement, as if it had been made for the 
purposes of paragraph  113L(b) of th e new law . 
82  Educational  and other  institutions  
(1) Despite the repeal of subsection  135E(2) of the old law  by this 
Schedule , if: 
 (a) a copy or communication was made before the 
commencement of this item; and  
 (b) a thing mentioned in paragraph  (a), (b) or (c) of that 
subsection is done, in relation to the copy or communication, 
on or after that commencement;  
that subsection applies to the making of the copy or communication , in 
relation to the thing don e. 
(2) Despite the repeal of subsection  135U(2) of the old law by t his 
Schedule, if:  
 (a)  a copy is made before the commencement of this item; and  
 (b) a thing mentioned in paragraph  (a), (b) or (c) of that 
subsection is done, in relation to the copy, on or after that 
commencement;  
that subsection applies to the making o f the copy, in relation to the thing 
done.  
(3) Despite the repeal of subsection  135ZZH (1) of the old law by this 
Schedule, if:  
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Transitional provisions   Part 3  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  41 
  (a) a copy, record or version was made before the 
commencement of this item; and  
 (b) a thing mentioned in paragraph  (a), (b) or  (c) of that 
subsection is done, in relation to the copy, record or version, 
on or after that commencement;  
that subsection applies to the making or communication of the copy, 
record or version, in relation to the thing done.  
83  Educational institutions —licensed copying and 
communicating  
Applications  
(1) The following table has effect  in relation to an application mentioned in 
column 1 which the Copyright Tribunal did not fully deal with before 
the commencement of this item : 
 
Applications  
Item  Column 1  
An application made under … Column 2  
has effect, from th e 
commencement  of this item , as if 
the application  had been made 
under …  
1 subsection  135ZWAA(2) or 
135ZX(2A) of the old law  paragraph  113P(4)(b) of the new law 
for the purposes of 
subparagraph  113P(1)( e)(ii). 
2 subsection  135JAA(2)  or 135K(2A)  
of the old law  paragraph  113P(4)(b) of the new law 
for the pur poses of 
subparagraph  113P(2)( d)(ii). 
3 subsection  135H(1), 135J(1), 
135JA(1), 135ZV(1) , 135ZW(1)  or 
135ZWA(1)  or (2)  of the old law  paragraph  113R(2)(b) of the new 
law. 
4 section  135SA or 135ZZEA of the 
old law  subsection  113ZB(1) of the new law . 
(2) To avoid doubt, at the commencement of this item , the parties to an 
application to which item  4 of the table applies are the persons or  
organizations that were parties to the application immediately before 
that commencement.  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 3   Transitional provisions  
 
 
42 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 Agreements, determinations , remuneration notices  and orders  
(3) The following table has effect : 
 
Agreements, determinations,  remuneration notices  and orders  
Item  Column 1  
If … Column 2  
is in force immediately before the 
commencement of this item, it has 
effect, from that commencement, as 
if it had been …  
1 an agreement made under 
subsection  135ZWAA (2) or 
135ZX(2A) of the old law  made under 
subparagraph  113P(1)( e)(i) of the 
new law.  
2 an agreement made under 
subsection  135JAA (2) or 135K(2A) 
of the old law  made under 
subparagraph  113P(2)( d)(i) of the 
new law.  
3 a determination made under 
subsection  135ZWAA(2)  or 
135ZX(2A)  of the old law  made under subsection  113P(4) of the 
new law for the purposes of 
subparagraph  113P(1)( e)(ii). 
4 a determination made under 
subsection  135JAA (2) or 
135ZK(2A) of the old law  made under subsection  113P(4) of the 
new law for the pur poses of 
subparagraph  113P(2)( d)(ii). 
5 a remuneration notice given under 
Part VA or V B of the old law  given under section  113Q of the new 
law. 
6 an agreement made under 
subsection  135H(1), 135J(1), 
135JA(1), 135ZV(1), 135ZW(1) or 
135ZWA(1)  or (2)  of the old law  made under paragraph  113R(1)(a) of  
the new law.  
7 a determination made under 
subsection  135H(1), 135J(1), 
135JA(1), 135ZV(1), 135ZW(1) or 
135ZWA(1)  or (2)  of the old law  made under subsection  113R(2) of 
the new law . 
8 an order made under 
paragraph  153DE(4)(b) of the old 
law made under paragraph  113ZB(2)(b) 
of the new law in relation to each 
works collecting society . 
9 an order made under 
paragraph  153BAD(4)(b) of the old 
law made under paragraph  113ZB(2)(b) 
of the new law in relation to the 
broadcasts collecting society . 
10 an order made under made under paragraph  113ZB(2)(c) 
Authorised Version C2017A00049Uses that do not infringe copyright   Schedule 1  
Transitional provisions   Part 3  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  43 
 Agreements, determinations,  remuneration notices  and orders  
Item  Column 1  
If … Column 2  
is in force immediately before the 
commencement of this item, it has 
effect, from that commencement, as 
if it had been …  
paragraph  153DE(4)(c) of the old 
law of the new law in relation to each 
works collecting society . 
11 an order made under 
paragraph  153BAD(4)(c) of the old 
law made under paragraph  113ZB(2)(c) 
of the new  law in relation to the 
broadcasts collecting society . 
Collecting societies  
(4) A declaration:  
 (a) made under section  135ZZB of the  old law  in relation to a 
body ; and  
 (b) in force immediately before the commencement of this item;  
has effect, from that commencement, as if it were a declaration made 
under section  113V of the new law and to which 
subparagraph  113V(4)(a) (i) applied.  
(5) A declaration:  
 (a) made under section  135P of the  old law  in relation to a body ; 
and 
 (b) in force immediately before the commencement of this item;  
has effect, from that commencement, as if it were a declaration made 
under section  113V  of the new law and to which 
subparagraph  113V(4)( a)(ii) applied . 
(6) Section  113Z of the new law applies to financial years ending on or 
after the commencement of this item.  
84  Inspection notices  
A notice:  
 (a) given under paragraph  203E(1)(a) of the old law; and  
 (b) specifying a day occurring on or after the day this item 
commences;  
Authorised Version C2017A00049Schedule 1   Uses that do not infringe copyright  
Part 3   Transitional provisions  
 
 
44 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 has effect, from that commencement, as if it had been given under 
subsection  203E(1) of the new law.  
Authorised Version C2017A00049Duration of copyright   Schedule 2  
   
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  45 
 Schedule  2—Duration of copyright  
   
Copyright Act 1968  
1  Subsection  10(1)  
Insert:  
generally known : without limiting when the identity of the author 
of a work  is generally known , the identity  is generally known  if it 
can be ascertained by reasonable enquiry . 
made public  has a meaning affected by section  29A. 
2  Subsection  14(2)  
Omit “180,”. 
3  After section  29 
Insert:  
29A  Making public  
 (1) Without limiting when a work  is made public , it is made public  
when:  
 (a) the work, or an adaptation of the work, is:  
 (i) published, performed in public, broadcast or otherwise 
communicated to the public; or  
 (ii) if the work is an artistic work —exhibited in public; or  
 (b) if the work is an artistic work included in a cinematograph 
film—the film is seen in public; or  
 (c) if the work is a building —the building has been constructed; 
or 
 (d) records of the work, or of an adaptation of the work, are:  
 (i) offered to the public (whether or not for sale); or  
 (ii) exposed for sale to the public.  
 (2) Without limiting when copyright material  other than a work  is 
made public , the material is made public  when : 
 (a) it is published; or  
Authorised Version C2017A00049Schedule 2   Duration of copyright  
   
 
 
46 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (b) if the material is a sound recording —it is: 
 (i) heard in public; or  
 (ii) communicated to the public; or  
 (c) if the material is a cinematograph film —it is: 
 (i) seen in public  (to the extent it consists of visual 
images) ; or 
 (ii) heard in public  (to the extent it consists of sounds) ; or 
 (iii) communi cated to the public; or  
 (d) copies of the material are:  
 (i) offered to the public (whether or not for sale); or  
 (ii) exposed for sale to the public.  
 (3) Subsections  29(4) to (7) apply, for the purposes of this section, in 
relation to making public in the same way as those subse ctions 
apply in relation to publication.  
4  Sections  33 and 34  
Repeal the sections, substitute:  
33  Duration of copyright in original works  
 (1) This section applies to copyright that subsists in a work under  this 
Part. 
Works first made public before 1  January 2019  
 (2) The following table has effect if the work was first ma de public 
before 1  January 201 9. 
 
Duration of copyright —works first made public before 1  January 2019  
Item  Column 1  
If … Column 2  
the copyright continues 
to subsist until …  
1 no other item of this table applies  70 years after the 
calendar year in which 
the author  of the work 
died. 
2 (a) the work is:  
(i) a literary work (other than a 70 years after the 
calendar year in which 
Authorised Version C2017A00049Duration of copyright   Schedule 2  
   
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  47 
 Duration of copyright —works first made public before 1  January 2019  
Item  Column 1  
If … Column 2  
the copyright continues 
to subsist until …  
computer program); or  
(ii) a dramatic work; or  
(iii) a musical work; or 
(iv) an engraving; and 
(b) the author  of the work has died; and  
(c) the work was not first made public before 
the author  died; and  
(d) item  3 does not apply  the work was first made 
public . 
3 the identity of the author  of the work is not 
generally known at any time before the end of 
70 years after the calendar year in w hich the 
work was first made public  70 years after the 
calendar year in which 
the work was first made 
public . 
Works never  made public, and works first made public on or after 
1 January 2019  
 (3) The following table has effect if the work was not first ma de public 
before 1  January 2019 . 
 
Duration of copyright —works not first made public before 1  January 2019  
Item  Column 1  
If … Column 2  
the copyright continues 
to subsist until …  
1 no other item of this table applies  70 years after the 
calendar year in which 
the author  of the work 
died. 
2 (a) the identity of the author  is not generally 
known at any time before the end of 70 
years after the calendar year in which the 
work was made; and  
(b) the work is not first made public before the 
end of 50 years after the c alendar year in 
which the work wa s made  70 years after the 
calendar year in which 
the work was made . 
3 (a) the identity of the author  is not generally 70 years after the 
Authorised Version C2017A00049Schedule 2   Duration of copyright  
   
 
 
48 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 Duration of copyright —works not first made public before 1  January 2019  
Item  Column 1  
If … Column 2  
the copyright continues 
to subsist until …  
known at any time before the end of 70 
years after the calendar year in which the 
work was first made public; and  
(b) the work is first made public before the 
end of 50 years after the calendar year in 
which the work was made  calendar year in whi ch 
the work was first made 
public . 
5  Sections  79 and 80  
Repeal the sections, substitute:  
79  References to any one or more of joint authors  
  A reference in section  32 to the author  of a work is taken to be a 
reference to any one or more of the authors of the work if the work 
is a work of joint authorship . 
79A  References to the identity of none of joint authors being 
generally known  
  A reference in any of the following provisions to the identity of the 
author of a work not being generally known is take n to be a 
reference to the identity of none of the authors of the work being 
generally known if the work is a work of joint authorship:  
 (a) item 3 of the table in subsection  33(2);  
 (b) item 2 or 3 of the table in subsection  33(3).  
80  References to which ever of joint authors died last  
  A reference in any of the following provisions to the author  of a 
work is taken to be a reference to the author  who died last if the 
work is a work of joint authorship to which section  81 does not 
apply:  
 (a) item 1 or 2 of the table in subsection  33(2);  
 (b) item 1 of the table in subsection  33(3);  
 (c) section  51. 
Authorised Version C2017A00049Duration of copyright   Schedule 2  
   
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  49 
 6  Subsection  81(2)  
Omit “or could be ascertained by reasonable inquiry ”. 
7  Subsection  81(3)  
Repeal the subsection, substitute:  
 (3) A reference in any of the provisions mentioned in subsection  (3A) 
to the author  of the work is taken to be a reference to:  
 (a) the author  whose identity was disclosed ; or 
 (b) if the identity of 2 or more of the authors was disclosed —
whichever of those au thors died last . 
 (3A)  The provisions are as follows:  
 (a) item 1 or 2 of the table in subsection  33(2);  
 (b) item 1 of the table in subsection  33(3) . 
8  Paragraph 81(4)(b)  
Omit “or can be ascertained by reasonable inquiry ”. 
9  Sections  93 and 94  
Repeal th e sections, substitute:  
93  Duration of copyright in sound  recordings and films  
 (1) This section applies to copyright that subsists in copyright material 
under this Part, if the material is:  
 (a) a sound recording; or  
 (b) a cinematograph film.  
Copyright material first made public before 1  January 2019  
 (2) The copyright continues to subsist until 70 years after the calendar 
year in which the copyright material was first made public if the 
material  was first made public before 1  January 2019 . 
Copyright mat erial never made public, and material first made 
public on or after 1  January 2019  
 (3) The following table has effect if the copyright material was not 
first made public before 1  January 2019 . 
Authorised Version C2017A00049Schedule 2   Duration of copyright  
   
 
 
50 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  
Duration of copyright —copyright material not first made publi c before 
1 January 2019  
Item  Column 1  
If … Column 2  
the copyright continues 
to subsist until …  
1 the copyright material is first made public 
before the end of 50 years after the calendar 
year in which the material was made  70 years after the 
calendar year in which 
the material was first 
made public.  
2 item 1 does not apply  70 years after the 
calendar year in which 
the copyright material 
was made.  
10  At the end of paragraph  129(2)(a)  
Add “and”. 
11  Paragraph 129(2)(c)  
Omit “or can be ascertained by reasonable inquiry ”. 
12  Section s 180 and 181  
Repeal the section s, substitute:  
180  Duration of Crown copyright in original works , sound 
recordings and films  
  Copyright in copyright material subsists until 50 years after the 
calendar year in which the material is made if:  
 (a) the material is a work, sound recording or cinematograph 
film; and  
 (b) the Commonwealth or a State:  
 (a) is the owner; or  
 (b) would, but for an agreement to which section  179 
applies, be the owner;  
  of copyright in the material . 
Authorised Version C2017A00049Duration of copyright   Schedule 2  
   
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  51 
 13  Before section  184 
Insert:  
Division  1—Foreign countries  
14  Before section  186 
Insert:  
Division  2—International organizations  
15  At the end of paragraph  187(1)(a)  
Add “and”.  
16  Paragraph 187(1)(b)  
Repeal the paragraph . 
17  At the end of paragraph  187(2)(a)  
Add “and”.  
18  Paragraph 187(2)(b)  
Repeal the paragraph.  
19  At the end of section  187 
Add:  
 (4) This section has effect subject to section  188A.  
20  At the end of paragraph  188(1)(a)  
Add “and”.  
21  Paragraph 188( 1)(b) 
Repeal the paragraph.  
22  At the end of paragraph  188(2)(a)  
Add “and”.  
Authorised Version C2017A00049Schedule 2   Duration of copyright  
   
 
 
52 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 23  Paragraph 188(2)(b)  
Repeal the paragraph.  
24  At the end of paragraph  188(3)(a)  
Add “and”.  
25  Paragraph 188( 3)(b) 
Repeal the paragraph.  
26  At the end of section  188 
Add:  
 (5) This section has effect subject to section  188A.  
27  At the end of Part  VIII 
Add:  
188A   Duration of international organization copyright  
 (1) This section applies to copyright that subsists in copyright material 
under section  187 or 188.  
Copyright material first made public befor e 1 January 2019  
 (2) The copyright continues to subsist, subject to subsection  (4), until 
70 years after the calendar year in which the copyright material 
was first made public if the material was first made public  before 
1 January 2019 . 
Copyright materia l never made public , and material first made 
public  on or after 1  January 2019  
 (3) The following table has effect , subject to subsection  (4), if the 
copyright material was not first made public  before 1  January 
2019 . 
 
Authorised Version C2017A00049Duration of copyright   Schedule 2  
   
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  53 
 Duration of copyright —copyright material not first made public  before 
1 January 2019  
Item  Column 1  
If … Column 2  
the copyright continues 
to subsist until …  
1 the copyright material is first made public 
before the end of 50 years after the calendar 
year in which the material  was made  70 years after th e 
calendar year in which 
the material  was first 
made public . 
2 item 1 does not apply  70 years after the 
calendar year in which 
the copyright material 
was made.  
Editions  
 (4) If the copyright material is an edition to which subsection  188(3) 
applies, the copyright continues to subsist until 25 years after the 
calendar year in which the edition was first made public.  
28  Section s 233 to 235 
Repeal the section s, substitute:  
235  Crown copyright in films  
 (1) This section applies to a cinematograph film made before the 
commencement of this Act.  
 (2) Section  178 does not apply in relation to the film.  
 (3) Sections  176, 177 and 180 apply:  
 (a) in relation to the film in accordance with subsection  222(1) if 
the film was an or iginal dramatic work (within the meaning 
of section  204); and  
 (b) in relation to photographs forming part of the film in the 
same way as those sections apply in relation to photographs 
not forming part of a cinematograph film.  
Authorised Version C2017A00049Schedule 2   Duration of copyright  
   
 
 
54 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 29  Application of amendment s 
The amendments made by this Schedule apply in relation to copyright 
material made before, on or after the commencement of this item . 
30  Transitional provision  
If the amendments made by this Schedule would have the effect that 
copyright in copyright material  ceased to subsist at a time occurring 
before the commencement of this item, that copyright ceases to subsist 
on the commencement of this item, instead of at that earlier time . 
31  Compensation for acquisition of property  
(1) If the operation of th is Schedule would result in an acquisition of 
property (within the meaning of paragraph  51(xxxi) of the Constitution) 
from a person otherwise than on just terms (within the meaning of that 
paragraph), the Commonwealth is liable to pay a reasonable amount o f 
compensation to the person . 
(2) If the Commonwealth and the person do not agree on the amount of the 
compensation, the person may institute proceedings in : 
 (a) the Federal Court of Australia; or  
 (b) the Supreme Court of a State or Territory ; 
for the re covery from the Commonwealth of such reasonable amount of 
compensation as the court determines . 
Authorised Version C2017A00049Minor amendments   Schedule 3  
References to Attorney -General   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  55 
 Schedule  3—Minor amendments  
Part 1—References to Attorney -General  
   
Copyright Act 1968  
1  Section  135ZZX  
Omit “Attorney -General ”, substitute “Minister ”. 
2  Subsection  183(6)  
Omit “by the Attorney -General of the Commonwealth or the 
Attorney -General of the State. ”, substitute:  
  by: 
 (a) in the case of the Commonwealth —the Minister; or  
 (b) in the case of a State —the Minister of the State with 
responsibility for copyright.  
3  Subsection  183D(1)  
Omit “Attorney -General ”, substitute “Minister ”. 
4  Paragraph 183D(4)(b)  
Omit “Attorney -General ”, substitute “Minister ”. 
5  Subsection  183D(5)  
Omit “Attorney -General ” (wherever occurring), substitute “Minister ”. 
6  Section  183E  
Omit “Attorney -General ”, substitute “Minister ”. 
7  Transitional —amendments do not affect things done  
Things done under amended provisions  
(1) Subitem  (2) applies to a thing done under a provision of the Copyright 
Act 1968  if: 
 (a) the provis ion is amended by an item of this Part; and  
Authorised Version C2017A00049Schedule 3   Minor amendments  
Part 1   References to Attorney -General  
 
 
56 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (b) the thing was in force immediately before the 
commencement of that item.  
(2) The thing has effect, after the commencement of that item, as if it had 
been done under that provision as amended by that item. Ho wever, this 
is not taken to change the time at which the thing was actually done.  
Amendments do not affect requirements for things done  
(3) Subitem  (4) applies to a thing done under the Copyright Act 1968  if: 
 (a) the thing was in force, and complied with a requirement of 
that Act, immediately before the commencement of an item 
of this  Part; and  
 (b) immediately after the commencement of that item, the thing 
fails to comply with that requirement solely because of the 
amendments of that Act made by that item . 
(4) Disregard those amendments when considering, on and after the 
commencement of that item, whether the thing complies with that 
requirement.  
Meaning of thing done  
(5) In this item, a thing done  includes:  
 (a) the making of an instrument; and  
 (b) the m aking of a decision.  
8  Instrument may deal with transitional etc. matters  
(1) The Minister may, by legislative instrument, make rules prescribing 
matters of a transitional nature (including prescribing any saving or 
application provisions) relating to the  amendments or repeals made by 
this Part. 
(2) To avoid doubt, the rules may not do the following:  
 (a) create an offence or civil penalty;  
 (b) provide powers of:  
 (i) arrest or detention; or  
 (ii) entry, search or seizure;  
 (c) impose a tax;  
Authorised Version C2017A00049Minor amendments   Schedule 3  
References to Attorney -General   Part 1  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  57 
  (d) set an a mount to be appropriated from the Consolidated 
Revenue Fund under an appropriation in this Act or an Act 
amended by this Part; 
 (e) directly amend the text of this Act or an Act amended by this 
Part. 
(3) This Part (other than subitem  (2) of this item ) does not limit the rules 
that may be made for the purposes of subitem  (1). 
Authorised Version C2017A00049Schedule 3   Minor amendments  
Part 2   Preconditions for making regulations  
 
 
58 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
 Part 2—Preconditions for making regulations  
Copyright Act 1968  
9  Subsection  10(1)  
Insert:  
international agreement  means:  
 (a) a convention to which Australia is a party; or  
 (b) an agreement or arrangement between Australia and a foreign 
country, including an agreement, arrangement or 
understanding between a Minister and an official or authority 
of a foreign country.  
10  Subsection  184(3)  
Repeal the subsection, substitute:  
 (3) Before the Governor -General makes a regulation for the purposes 
of subsection  (1) applying a provision of this Act in relation to a 
country other than Australia : 
 (a) the country must be a party to an international agreemen t 
specified , in relation to the pro vision of this Act,  by the 
regulations for the purposes of this paragraph; or  
 (b) the Minister must be satisfied that adequate protection is or 
will be given under the law of the country to owners of 
copyright under this Act in the class of works or other  
subject -matter to which the provision of this Act relates.  
11  Subsection  185(1)  
Repeal the subsection . 
12  Subsection  185(2)  
Omit “Regulations made for the purposes of this section may”, 
substitute “The regulations may, subject to subsection  (3),”. 
13  Subsection  185(3)  
Repeal the subsection, substitute:  
Authorised Version C2017A00049Minor amendments   Schedule 3  
Preconditions for making regulations   Part 2  
 
 
No. 49, 2017  Copyright Amendment (Disability Access and Other Measures) Act 
2017  59 
  (3) Before the Governor -General makes a regulation for the purposes 
of subsection  (2) in relation to a country:  
 (a) the Minister must be satisfied that that the law of the country : 
 (i) does not give adequate protection to Australian works ; 
or 
 (ii) 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); and  
 (b) the Minister must have regard to the nature and extent of that 
lack of protection.  
14  Subsection  186(1)  
Repeal the subsection, substitute:  
 (1) The regulations may, subject to subsection  (1A), declare an 
organization:  
 (a) of which 2 or more countries, or the Governments of 2 or 
more countries, are members; or  
 (b) that is constituted by  persons representing 2 or more 
countries, or representing the Governments of 2 or more 
countries;  
to be an international organization to which this Act applies.  
 (1A)  Before the Governor -General makes a regulation for the purposes 
of subsection  (1) in rel ation to an organiz ation, the Minister must 
be satisfied that it is desirable that this Act should apply in relation 
to the organization.  
15  Subsection  248U(3)  
Repeal the subsection, substitute:  
 (3) Before the Governor -General makes a r egulation  for the purposes 
of subsection  (1) applying a provision of this Part in relation to a 
foreign country : 
 (a) the country must be a party to an international agreement 
specified , in relation to the provision of this Part,  by the 
regulations for the purposes of this paragraph; or  
Authorised Version C2017A00049Schedule 3   Minor amendments  
Part 2   Preconditions for making regulations  
 
 
60 Copyright Amendment (Disability Access and Other Measures) Act 
2017  No. 49, 2017  
  (b) the Minister must be satisfied that adequate protection is or 
will be given under the law of the country to performers in 
performances : 
 (i) protected under this Act ; and  
 (ii) to which the provision of this Part relates . 
16  Subsection  248V(1)  
Repeal the subsection.  
17  Subsection  248V(2)  
Omit “Regulations made for the purposes of this section may”, 
substitute “The regulations may, subject to subsection  (3),”. 
18  At the end of section  248V  
Add:  
 (3) Before the Governor -General makes a regulation for the purposes 
of subsection  (2) in relation to a foreign country:  
 (a) the Minister must be satisfied that that the law of the country 
does not give adequate protection to Australian performances 
(whether the lack of protectio n relates to all or any of the 
ways that the provisions may be applied by the regulations 
under subsection  248U(1)); and  
 (b) the Minister must have regard to the nature and extent of that 
lack of protection.  
19  Application of amendments  
The amendments made by items  10 to 1 8 of this Schedule apply in 
relation to a regulation made on or after the commencement of this 
item.  
 
 
 
 
[Minister’s second reading speech made in — 
House of Representatives on 22 March 2017  
Senate on 29 March 2017 ] 
 
(40/17)  
Authorised Version C2017A00049