Note: An electronic version of this Act is available in ComLaw ( http://www.comlaw.gov.au/ ) 
 
 
 
 
 
 
 
 
 
Copyright Amendment (Online 
Infringement) Act 2015 
 
No. 80, 201 5 
 
 
 
 
 
An Act  to amend the Copyright Act 1968 , and for 
related purposes  
   
   
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No. 80, 2015  Copyright Amendment (Online Infringement) Act 2015  i 
 Contents  
1 Short title  ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ .................  2 
3 Schedules  ................................ ................................ ...........................  2 
Schedule  1—Amendments  3 
Copyright Act 1968  3 
 
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No. 80, 2015  Copyright Amendment (Online Infringement) Act 2015  1 
 
 
 
 
Copyright Amendment (Online 
Infringement) Act 2015  
No. 80, 2015  
  
 
An Act  to amend the Copyright Act 1968 , and for 
related purposes  
[Assented to 26 June 2015 ] 
The Parliament of Australia enacts:  
1  Short title  
  This Act may be cited as the Copyright Amendment (Online 
Infringement)  Act 201 5. 
ComLaw Authoritative Act C2015A00080   
   
 
 
2 Copyright Amendment (Online Infringement) Act 2015  No. 80, 2015  
 2  Commencement  
  This Act commences on the day after this Act receives the Royal 
Assent.  
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repealed as set out in the applicable items in the Schedule 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.  
ComLaw Authoritative Act C2015A00080Amendments   Schedule 1  
   
 
 
No. 80, 2015  Copyright Amendment (Online Infringement) Act 2015  3 
 Schedule  1—Amendments  
   
Copyright Act 1968  
1  After section  115 
Insert:  
115A  Injunctions against carriage service providers providing 
access to online locations outside Australia  
 (1) The Federal Court of Australia may, on application by the owner of 
a copyright, grant an injunction referred to in  subsection  (2) if the 
Court is satisfied that:  
 (a) a carriage service provider provid es access to an online 
location outside Australia; and  
 (b) the online location infrin ges, or facilitates an infringement of, 
the copyright; and  
 (c) the primary purpose of the online location is to infringe, or to 
facilitate the infringement of, copyright  (whether or not in 
Australia) . 
 (2) The injunction is to require the carriage service  provider  to take 
reasonable steps to disable access to the onlin e location.  
Parties  
 (3) The parties to an action under subsection  (1) are:  
 (a) the owner of the copyright; and  
 (b) the carriage service provider; and  
 (c) the person who operates the online location if, but only if, 
that person makes an application to be joined as a party to the 
proceedings.  
Service  
 (4) The owner of the copyright must notify:  
 (a) the carriage service provider;  and 
 (b) the person who operates the online location ; 
ComLaw Authoritative Act C2015A00080Schedule 1   Amendments  
   
 
 
4 Copyright Amendment (Online Infringement) Act 2015  No. 80, 2015  
 of the making of an application under subsection  (1), but the Court 
may dispense, on such terms as it sees fit, with the notice required 
to be sent under paragraph  (b) if the Court is satisfied that the 
owner of the copyright is unable, despite reasonable eff orts, to 
determine the identity or address of the person who operates the 
online location, or to send notices to that person.  
Matters to be taken into account  
 (5) In determining whether to grant the injunction , the Court may take 
the following matters int o account : 
 (a) the flagrancy of the infringement , or the flagrancy of the 
facilitation of the infringement, as referred to in 
paragraph  (1)(c) ; 
 (b) whether the online location makes available or contains 
directories, indexes or categories of the means to  infringe, or 
facilitate an infringement of, copyright;  
 (c) whether the owner or operator of the online location 
demonstrates a disregard for copyright generally;  
 (d) whether access to the online location has been disabled by 
orders from any court of ano ther country or territory on the 
ground of or related to copyright infringement;  
 (e) whether disabling access to the online location is a 
proportionate response in the circumstances;  
 (f) the impact on any person , or class of persons,  likely to be 
affected  by the grant of the injunction;  
 (g) whether it is in the public interest to disable access to the 
online location ; 
 (h) whether the owner of the copyright complied with 
subsection  (4); 
 (i) any other remedies available under this Act; 
 (j) any other matter prescribed by the regulations;  
 (k) any other relevant matter.  
Affidavit evidence  
 (6) For the purposes of the proceedings , section  134A (affidavit 
evidence) applies as if the reference in paragraph  134A(f) to a 
particular act in cluded a reference to a class of acts.  
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No. 80, 2015  Copyright Amendment (Online Infringement) Act 2015  5 
 Rescinding and varying injunctions  
 (7) The Court may:  
 (a) limit the duration of; or  
 (b) upon application, rescind or vary;  
an injunction granted under this section.  
 (8) An application under subsection  (7) may be m ade by:  
 (a) any of the persons referred to in subsection  (3); or 
 (b) any other person  prescribed by the regulations . 
Costs  
 (9) The carriage service provider is not liable for any costs in relation 
to the proceedings unless the provider enters an appearance and 
takes part in the proceedings.  
2  Paragraph s 119(a)  and 120(1)(b)  
After “115”, insert “or 11 5A”. 
3  Section  131A  
Before “The” , insert “(1)”.  
4  At the end of s ection  131A  
Add:  
 (2) Despite subsection  39(2) of the Judiciary Act 1903 , the Supreme 
Court of a State or Territory does not have jurisdiction in relation 
to applications  under section  115A  of this Act (injunctions against  
carriage service providers providing access to online locations 
outside Australia ). 
5  At the end of section  131D  
Add “ (other than section  115A) ”. 
 
 
 
[Minister’s second reading speech made in — 
House of Representatives on 26 March 2015  
Senate on 18 June 2015 ] 
 (56/15)  
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