IP/N/1/AUS/C/8  
 
18 June 2013  
(13-3147)  Page: 1/18  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
AUSTRALIA  
This document reproduces the text1 of the Copyright Tribunal (Procedure) Amendment 
Regulations 2010 (No. 1), as notified by Australia on 22 May 2013 under Article 63.2 of the Agreement (see document IP/N/1/AUS/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
AUSTRALIE  
Le présent document contient le texte1 du Règlement de 2010 portant modification du Règlement 
sur les procédures suivies par les tribunaux en matière de droit d'auteur (n° 1), notifié par 
l'Australie le 22 mai 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/AUS/5).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
A
USTRALIA  
En el presente documento se reproduce el texto1 del Reglamento de 2010 que modifica el 
Reglamento de 1969 sobre los procedimientos seguidos por los tribunales en materia de derecho 
de autor (Nº 1), notificado por Australia el 22 de mayo de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/AUS/5).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/AUS/C/8 
 
- 2 - 
 
  PP 3-18 - Offset (Pdf file attached) 
PP 3 à -18 - Offset (fichier Pdf joint) PP 3-18 - Offset (fichero Pdf adjunto)   
 
0705286A-101001Z 
 
Copyright Tribunal (Procedure) 
Amendment Regulations 2010 
(No. 1)1 
Select Legislative In strument 2010 No. 250 
I, QUENTIN BRYCE, Governor-G eneral of the Commonwealth 
of Australia, acting with the advice of the Federal Executive 
Council, make the following Regulations under the Copyright 
Act 1968 . 
Dated 27 October 2010 
QUENTIN BRYCE 
Governor-General 
By Her Excellency’s Command 
ROBERT McCLELLAND  
Attorney-General 
Federal Register of Legislative Instruments F2010L02832
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Regulation 1 
 
 
2 Copyright Tribunal (Procedure) Amendment Regulations 
2010 (No. 1) 2010, 250 
 
 1 Name of Regulations 
  These Regulations are the Copyright Tribunal (Procedure) 
Amendment Regulations 2010 (No. 1). 
2 Commencement   These Regulations commence on the day after they are 
registered. 
3 Amendment of Copyright Tribunal (Procedure) 
Regulations 1969  
  Schedule 1 amends the Copyright Tribunal (Procedure) 
Regulations 1969 . 
Schedule 1 Amendments 
(regulation 3) 
[1] Subregulation 4 (1),  after definition of proceeding 
insert 
Registrar means the Registrar of the Tribunal. 
[2] Subregulation 4 (1), definition of the Secretary 
omit 
[3] Subregulation 4 (3) 
omit 
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2010, 250 Copyright Tribunal (Procedure) Amendment Regulations 
2010 (No. 1) 3 
 
 [4] Paragraph 5 (1) (b) 
omit 
“Copyright Tribunal”. 
insert 
“Copyright Tribunal of Australia”. 
[5] Regulation 6, heading 
substitute 
6 Office or offices of Registrar 
[6] After regulation 18 
insert 
18A Matters to be included in application under 
subsection 10A (5A) of the Act 
  An application to the Tribuna l under subsection 10A (5A) of 
the Act must: 
 (a) state that the institution is included in a notice published 
under subsection 10A (4) of the Act for paragraph (g), (h) 
or (i) of the definition of educational institution  in 
subsection 10 (1) of the Act; and  
 (b) attach a copy of th e notice, published in the Gazette under 
subsection 10A (4) of the Act, that includes the declaration 
that is to be reviewed; and 
 (c) state the grounds for review  of the declaration, included in 
the notice, that are to be relied upon in the case; and 
 (d) ask the Tribunal to determine the question of whether the 
notice should be set aside or  the declaration confirmed. 
[7] Paragraph 23B (f) 
omit 
per student of the institution concerned 
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4 Copyright Tribunal (Procedure) Amendment Regulations 
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 [8] After regulation 23CB 
insert 
23CC Matters to be included in applications under 
subsection 135JAA (2) or 135ZWAA (2) of the Act 
  An application to the Tri bunal under subsection 135JAA (2) or 
135ZWAA (2) of the Act must: 
 (a) state if the applicant is  an administering body or a 
collecting society; and 
 (b) if the applicant is an administeri ng body — state the name 
of the collecting society; and 
 (c) if the applicant is a collecting society: 
 (i) for an application under subsection 135JAA (2) of 
the Act — give particulars of the notice about the 
society published in the Gazette under 
paragraph 135P (1A) (a) or subsection 153BAB (5) 
of the Act; and 
 (ii) for an application under subsection 135ZWAA (2) 
of the Act — give particulars of the notice about the society published in the Gazette under 
paragraph 135ZZB (1A) (a ) or subsection 153DC (5) 
of the Act; and 
 (iii) state the name of the administering body; and 
 (d) explain the circumstances or events giving rise to the 
application and, in particular: 
 (i) state that the criteria in subsection 135JAA (1) or 
135ZWAA (1) of the Act are met and detail how the criteria are met; and 
 (ii) for an application under subsection 135ZWAA (2) 
of the Act — state if the application is made to determine a question to assist future compliance with subparagraph 135ZWAA (1) (a) (i), (ii), or (iii) 
of the Act; and 
 (iii) give details of the failed attempt to determine the 
question by agreement between the administering body and the collecting society; and 
 (e) ask the Tribunal to determine the question. 
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2010, 250 Copyright Tribunal (Procedure) Amendment Regulations 
2010 (No. 1) 5 
 
 23CD Matters to be included in applications under 
subsection 135K (2A) or 135ZX (2A) of the Act 
  An application to the Tribuna l under subsection 135K (2A) or 
135ZX (2A) of the Act must: 
 (a) state if the applicant is  an administering body or a 
collecting society; and 
 (b) if the applicant is an administeri ng body — state the name 
of the collecting society; and 
 (c) if the applicant is a collecting society: 
 (i) for an application under subsection 135K (2A) of the 
Act — give particulars of the notice about the 
society published in the Gazette under 
paragraph 135P (1A) (a) or subsection 153BAB (5) 
of the Act; and 
 (ii) for an application under subsection 135ZX (2A) of 
the Act — give particulars of the notice about the society published in the Gazette under 
paragraph 135ZZB (1A) (a ) or subsection 153DC (5) 
of the Act; and 
 (iii) state the name of the administering body; and 
 (d) explain the circumstances or events giving rise to the 
application and, in particular: 
 (i) state the day on which the relevant records notice 
started; and 
 (ii) state the activity re quired under subsection 135K (1) 
or 135ZX (1) of the Act and the matter that needs to 
be determined; and 
 (iii) give details of the failed attempt to determine the 
matter by agreement between the administering body and the collecting society; and 
 (e) ask the Tribunal to determine the matter. 
23CE Matters to be incl uded in reference under 
paragraph 135P (1A) (c) of the Act 
  A reference to the Tribunal under paragraph 135P (1A) (c) of 
the Act must: 
 (a) state the name of the body; and  
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6 Copyright Tribunal (Procedure) Amendment Regulations 
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  (b) state that the body has appl ied to be declared as the 
collecting society under s ection 135P of the Act; and 
 (c) attach a copy of the a pplication by the body seeking the 
declaration; and 
 (d) explain the circumstances or events giving rise to the 
reference; and 
 (e)  ask the Tribunal to determine the application by declaring 
the body to be the collecting society under se ction 135P of 
the Act or by rejecting the application.  
23CF Matters to be incl uded in reference under 
paragraph 135Q (2) (b) of the Act 
  A reference to the Tribunal under paragraph 135Q (2) (b) of 
the Act must: 
 (a) state the name of the collecting society included in the 
reference; and 
 (b) state the provisions of the Act under which it is declared to 
be the collecting society; and 
 (c) give particulars of the no tice about the declaration of the 
collecting society published in the Gazette by the Minister 
or the Tribunal; and 
 (d) state the matters by which the Minister is satisfied under 
subsection 135Q (1) of the Act; and 
 (e) ask the Tribunal to determine the question of whether the 
declaration of the body as the collecting society should be 
revoked.  
23CG Matters to be include d in applications under 
subsection 135SA (1), 135ZZEA (1), 135ZZWA (1) or 
183F (1) of the Act 
  An application to the Tri bunal under subsection 135SA (1), 
135ZZEA (1), 135ZZWA (1) or 183F (1) of the Act must: 
 (a) state if the applicant is a collecting society or a member of 
a collecting society; and 
 (b) state if the application is for review of the arrangement 
adopted, or an arrangement proposed to be adopted, by the 
collecting society for distri buting amounts it collects in a 
period; and 
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2010, 250 Copyright Tribunal (Procedure) Amendment Regulations 
2010 (No. 1) 7 
 
  (c) explain the circumstances or events giving rise to the 
application; and  
 (d) give particulars of the arrangement; and 
 (e) give particulars of: 
 (i) the variation sought to the arrangement; or  (ii) the arrangement sought to be substituted for the 
arrangement; and 
 (f) ask the Tribunal to determine the application by making 
an order confirming the arrangement, varying the 
arrangement or substituting for the arrangement another 
arrangement. 
[9] Paragraph 23E (f) 
omit 
per student of the institution concerned 
[10] After regulation 23J 
insert 
23JA Matters to be included in references under 
paragraph 135ZZB (1A) (c) or  135ZZT (1A) (c) of the 
Act 
  A reference to the Tribunal under paragraph 135ZZB (1A) (c) 
or 135ZZT (1A) (c) of the Act must: 
 (a) state the name of the body in cluded in the reference; and  
 (b) explain the circumstances or events giving rise to the 
reference; and 
 (c) state that the body has applied to be declared as a 
collecting society under sect ion 135ZZB or 135ZZT of the 
Act; and 
 (d) state whether the declaration sought is as a collecting 
society for all relevant copyrig ht owners or for classes of 
relevant copyright owners; and 
 (e) if there is another body at present declared in relation to 
those copyright owners as a collecting society under 
section 135ZZB or 135ZZT of the Act — state the name 
of the other body; and 
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8 Copyright Tribunal (Procedure) Amendment Regulations 
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  (f) ask the Tribunal to determine the application by declaring 
the body to be a collecting so ciety under section 135ZZB 
or 135ZZT of the Act or by rejecting the application.  
23JB Matters to be included in references under 
paragraph 135ZZC (2) (b) or 135ZZU (2) (b) of the Act 
  A reference to the Tribunal under paragraph 135ZZC (2) (b) or 
135ZZU (2) (b) of the Act must: 
 (a) state the name of th e collecting society; and 
 (b) state the provisions of the Act under which it is declared to 
be a collecting society; and 
 (c) state the relevant copyright owners or the classes of 
relevant copyright owners for which the collecting society 
is declared; and 
 (d) give particulars of the no tice about the declaration of the 
collecting society published in the Gazette by the Minister 
or the Tribunal; and 
 (e) state the matters by which the Minister is satisfied under 
subsection 135ZZC (1) or 135ZZU (1) of the Act; and 
 (f) ask the Tribunal to determine the question of whether the 
declaration of the body as the collecting society should be 
revoked. 
[11] After regulation 25B 
insert 
25C Matters to be included in application under 
subsection 153F (1) of the Act 
  An application to the Tribuna l under subsection 153F (1) of the 
Act must: 
 (a) state that the criteria in subsection 153F (6) of the Act are 
met and detail how they are met; and 
 (b) state if the applicant seeks a declaration for all government 
copies or a class of government copies; and 
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2010, 250 Copyright Tribunal (Procedure) Amendment Regulations 
2010 (No. 1) 9 
 
  (c) if there is another body at present declared as a collecting 
society under section 153F of the Act for the government 
copies for which a declaration is now sought — state the 
name of that body; and 
 (d) ask the Tribunal to determine the application by declaring 
the applicant to be a collec ting society for Division 2 of 
Part VII of the Act or by  rejecting th e application. 
25D Matters to be included in application under 
subsection 153G (1) of the Act 
  An application to the Tri bunal under subsection 153G (1) of 
the Act must: 
 (a) if the applicant is not the collecting society — state the 
name of the collecting society; and 
 (b) state the provisions of the Act under which the collecting 
society is declared to be a collecting society; and 
 (c) give particulars of the notice published in the Gazette 
about the declaration of th e collecting society; and 
 (d) state the grounds in subsect ion 153G (5) of the Act that 
will be relied on in the case; and 
 (e) ask the Tribunal to determine the question of whether the 
declaration of the collecti ng society should be revoked. 
25E Matters to be included in application under 
subsection 153K (1) of the Act 
  An application to the Tri bunal under subsection 153K (1) of 
the Act must: 
 (a) explain the circumstances or events giving rise to the 
application and, in particular: 
 (i) identify the copyright  material relating to the 
application; and 
 (ii) state a period for which an order is sought; and 
 (iii) state whether the government copies made in the 
period were made by the Commonwealth or by a 
State, and, if a State, name the State; and 
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10 Copyright Tribunal (Procedure) Amendment Regulations 
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  (iv) state that subsection 183 (5) of the Act does not 
apply to the government copies made in the period 
because the relevant collecting society is declared 
for Division 2 of Part VII of the Act for the copies, 
and the society has not finished operating as that collecting society; and 
 (v) if a government copy is to be omitted from the 
Tribunal’s order determining the method — state the reason for the omission; and 
 (b) ask the Tribunal to make an order determining the method 
for working out remuneration payable under subsection 183A (2) of the Act for government copies 
made for the services of the government in the particular 
period. 
[12] Paragraph 26 (1) (d) 
omit 
the scheme, 
insert 
the scheme or substituting for the scheme another scheme 
proposed by one of the parties, 
[13] Paragraph 27 (1) (e) 
omit 
the scheme, 
insert 
the scheme or substituting for the scheme another scheme proposed by one of the parties, 
[14] Paragraph 28 (2) (a) 
omit 
confirmed or varied 
insert 
confirmed, varied or substituted 
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2010, 250 Copyright Tribunal (Procedure) Amendment Regulations 
2010 (No. 1) 11 
 
 [15] Paragraph 29 (1) (g) 
substitute 
 (g) for cases included in the class of cases to which the 
reference relates — request the Tribunal to make an order 
about the scheme as previ ously confirmed, varied or 
substituted, by confirming or varying the scheme or 
substituting for the scheme another scheme proposed by 
one of the parties, as the Tr ibunal considers reasonable in 
the circumstances. 
[16] Paragraph 30 (1) (b) 
substitute 
 (b) must ask the Tribunal to  make an order stating: 
 (i) the charges and the conditions that the Tribunal 
considers apply under the sc heme for the applicant; 
or 
 (ii) that the applicant be granted a licence in the terms 
proposed by the applicant, the licensor or another party to the application. 
[17] Paragraph 31 (1) (b) 
substitute 
 (b) must ask the Tribunal to  make an order stating: 
 (i) the charges and the conditions that the Tribunal 
considers reasonable in th e circumstances for the 
applicant; or 
 (ii) that the applicant be granted a licence in the terms 
proposed by the applicant, the licensor or another party to the application. 
[18] Paragraph 32 (1) (b) 
substitute 
 (b) must ask the Tribunal to  make an order stating: 
 (i) the charges and the conditions that the Tribunal 
considers reasonable in th e circumstances for the 
applicant; or 
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12 Copyright Tribunal (Procedure) Amendment Regulations 
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  (ii) that the applicant be granted a licence in the terms 
proposed by the applicant, the licensor or another 
party to the application. 
[19] Paragraph 33 (1) (b) 
substitute 
 (b) must ask the Tribunal to  make an order stating: 
 (i) the charges and the conditions that the Tribunal 
considers reasonable in th e circumstances for the 
persons represented by the applicant; or 
 (ii) that a licence be gr anted, in the terms proposed by 
the applicant, the licensor or another party to the application, to each person who is specified in the 
order (whether by reference to a class or otherwise) 
and who was represented by the applicant or was a party to the application. 
[20] Subregulation 34 (1) 
substitute 
 (1) An application to the Tribunal by a person seeking to be made 
a party to a proceeding must: 
 (a) state the date when the proceeding was started and the 
relevant file number; and 
 (b) state the interest of the person: 
 (i) if the proceeding is a reference under section 135P, 
135ZZB or 135ZZT, or an application under section 
153F, of the Act — in the question of whether the 
applicant should be declared to be a collecting society; and 
 (ii) if the proceeding is a reference under section 135Q, 
135ZZC or 135ZZU, or an application under section 153G, of the Act — in the question of 
whether the declaration of the collecting society 
should be revoked; and 
 (iii) if the proceeding is an application under section 
135SA, 135ZZEA, 135ZZWA or 183F of the Act — in the arrangement; and 
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2010, 250 Copyright Tribunal (Procedure) Amendment Regulations 
2010 (No. 1) 13 
 
  (iv) if the proceeding is an  application under section 152 
of the Act — in the matter applied for; and 
 (v) if the proceeding is a reference under section 154 of 
the Act — in the operation of the scheme that is 
referred; and 
 (vi) if the proceeding is a reference under section 155 or 
156, or an application under section 157, of the Act — in the matter in dispute; and 
 (vii) if the proceeding is an  application for leave of the 
Tribunal under subsection 156 (2) of the Act to refer a licence scheme to the Tr ibunal — in the operation 
of the scheme to the extent that it relates to the class 
of cases in the application; and 
 (viii) if the proceeding is a reference or application under 
Subdivision H of Division 3 of Part VI of the Act that is of interest to th e Australian Competition and 
Consumer Commission — in the matter that is 
referred or applied for; and 
 (c) ask the Tribunal to make the person a party to the 
proceeding. 
[21] Regulation 37A, heading 
substitute 
37A Registrar may request fu rther copies of documents 
[22] Regulation 44  
substitute 
44 Summons to witness or produce documents 
 (1) A summons to a witness under subsection 167 (2) of the Act 
must be substantially in accordance with Form 2 in Schedule 1. 
 (2) A summons to produce specified documents or articles under 
subsection 167 (3) of the Act must be substantially in 
accordance with Form 3 in Schedule 1. 
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14 Copyright Tribunal (Procedure) Amendment Regulations 
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  (3) A summons under subsection 167 (2 ) or (3) of the Act must be 
served on a person by: 
 (a) delivering a copy of the summons to the person 
personally; and 
 (b) showing the summons to the person at the time at which 
the copy is delivered to him or her. 
[23] Schedule 1, Form 1 
after 
Copyright Tribunal 
insert 
of Australia 
[24] Schedule 1, Form 2 
after 
before the Copyright Tribunal 
insert 
of Australia 
[25] Schedule 1, Form 2 
omit 
Secretary] of the Copyright Tribunal 
insert 
Registrar] of the Copyrig ht Tribunal of Australia 
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2010, 250 Copyright Tribunal (Procedure) Amendment Regulations 
2010 (No. 1) 15 
 
 [26] Schedule 1, after Form 2 
insert 
Form 3 Summons to produce documents 
(Title) 
To: [ name and address of witness ] 
 
1. You are summoned to produce to  the Copyright Tribunal of 
Australia the following documents or articles or documents and articles: 
[here set out the documents and articles required ] 
 2. You are required to produce th e documents or articles or 
documents and articles to [ specified person ] at [ specified time and 
specified place ] 
  
Dated . 
President [ or Deputy President or Member 
 or the Registrar] of the Copyr ight Tribunal of Australia 
[27] Further amendments — Registrar 
  The following provisions are amended by omitting each 
mention of ‘Secretary’ a nd inserting ‘Registrar’: 
• subregulations 5 (2), (3) and (4) 
• regulation 6 
• regulation 7 
• regulation 8 
• regulation 9 
• regulation 10 
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16 Copyright Tribunal (Procedure) Amendment Regulations 
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 • subregulations 11 (1), (2), and (3) 
• paragraph 12 (1) (a) 
• regulation 14 
• subregulations 15 (2) and (4) 
• paragraph 17 (1) (f) 
• subregulations 17 (3), (5), (6) and (7) 
• subregulation 18 (1) 
• subregulations 35 (4), (6), (7) and (8) 
• regulation 37 
• subregulation 37A (1) 
• subregulation 38 (3) 
• paragraph 39 (a) 
• subregulations 40 (1), (2), (4) and (5) 
• subregulation 40A (2) 
• subregulation 41 (2) 
• subregulations 42 (1) and (2) 
• subregulations 43 (1) and (3) 
• regulation 45. 
Note 
1. All legislative instruments and comp ilations are registered on the Federal 
Register of Legislative Instruments kept under the Legislative 
Instruments Act 2003. See http://www.frli.gov.au . 
 
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