IP/N/1/AUS/7  
IP/N/1/AUS/C/16  
 
1 October 2015  
(15-5074)  Page: 1/2  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
 
AUSTRALIA: COPYRIGHT AMENDMENT (ONLINE INFRINGEMENT) ACT 2015 
Notifying Member 
 AUSTRALIA  
 
Details of the notified legal text  
Title   Copyright Amendment (Online Infringement) Act 2015 
Subject matter 
 Copyright 
Nature of 
notification  Main dedicated intellectual property law or regulation  
  Other law or regulation 
 
Link to legal text http://members.wto.org/crnattachments/2015/IP/AUS/15_3547_00_e.pdf  
 
Notification status  First notification 
 Amendment or revision to notified legal text 
 Replacement or consolidation of notified legal text(s) 
 
Previous 
notification(s) 
referred to Copyright Act 1968  (IP/N/1/AUS/C/3 and Addenda) 
 
"https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S006.aspx?DataSour
ce=Cat&query=@SymbolMatch=IP/N /1/AUS/C/3*&Language=English&Co
ntext=ScriptedSearches&languageUIChanged=true# " 
 
Brief description of the notified legal text  
 
The Act amends the Copyright Act 1968  to enable the owner of a copyright to apply to the Federal 
Court of Australia ("Federal Court") for an orde r requiring a Carriage Service Provider (CSP) to 
block access to an online location that has the primary purpose of infringing copyright or 
facilitating the infringement of copyright. 
 The Act provides that copyright owners are able to apply directly to the Federal Court for an injunction to disable access to an infringing online location, without having to first establish the 
CSP's liability for copyright infringement or authorisation of copyright infringement.  This judicial 
process is more efficient and avoids implicating CSPs unnecessarily.  
The injunction power only applies to online locations operated outside Australia.   
 The Court has discretion to take into account a number of factors before granting an injunction.   
 
 IP/N/1/AUS/7 • IP/N/1/AUS/C/16 
 
- 2 - 
 
  These factors include:  
 
• the flagrancy of the infringement or its facilitation;  
 
• whether disabling access to the online location is a proportionate response in the circumstances;  
 
• the impact on any person likely to be affected by the grant of the injunction; and  
 • whether it is in the public interest to disable access to the online location. 
 
The factors that the Federal Court of Australia may take into account before granting an injunction to disable access to an overseas infringing online location set an intentionally high threshold test for satisfaction by the Court. The purpose of th ese changes is to allow a specific and targeted 
remedy to prevent those online locations which flag rantly disregard the rights of copyright owners 
from facilitating access to infringing copyright content.  
The injunction power operates as a no-fault remedy.  It is not intended to affect existing laws on 
infringement, copyright exceptions or limitations, authorisation liability or any of the safe harbour conditions.  Furthermore, the Court granting an injunction would not create a presumption that the 
CSP has infringed copyright nor authorised the infringement of copyright.  
 
Language(s) of 
notified text English  
Date of adoption 26 June 2015 
Entry into force 27 June 2015 
 
Notification details 
 
Submission date of 
notification  3 September 2015 
Other information  
 The Copyright Amendment (Online Infringement) Act 2015  is also 
available at: https://www.comlaw.gov.au/Details/C2015A00080  
 
Agency or authority 
responsible 
 Attorney-General's Department  
4 National Circuit  
Barton ACT 2600 
 
Telephone: +61 2 6141 6666