OPC62131 - B  
 
Copyright Regulation s 2017 
I, General the Honourable Sir Peter Cosgrove AK MC (Ret ’d), Governor -General  of the 
Commonwealth of Australia, acting with the advice of the Federal Executive Council, 
make the following regulation s. 
Dated 14 December 2017  
Peter Cosgrove  
Governor -General  
By His Excellency ’s Command  
Mitch Fifield  
Minister for Communications  
 
 
 
 
   
   
   
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 Copyright Regulations  2017  i 
OPC62131 - B Contents  
Part  1—Preliminary  1 
1 Name  ................................ ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ ................................ ..........  1 
3 Authority  ................................ ................................ ................................ .....................  1 
4 Definitions  ................................ ................................ ................................ ..................  1 
Part  2—Copyright in original works  4 
5 Notices to be displayed near library or archive machines used to make 
infringing copies —paragraph  39A(b) of the Act  ................................ ........................  4 
6 Notice requirements for communication of electronic reproduction by library 
or archives —subparagraph  49(7A)(c)(ii) of the Act  ................................ ...................  4 
7 Notice of intended publication of unpublished work kept in public library —
paragraphs 52(1)(b) and (2)(b) of the Act  ................................ ................................ ... 4 
8 Countries in relation to which Division  6 of Part  III of the Act applies —
subparagraphs  55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act  ...................  5 
9 Notice of intended making of record of musical work  ................................ ................  5 
10 Prescribed period relating to making of records of musical works —
subsection  55(3) of the Act  ................................ ................................ .........................  6 
11 Inquiries relating to previous records of musical works —section  61 of the Act  .........  6 
12 Circumstances in which design is taken to be a pplied industrially —section  77 
of the Act  ................................ ................................ ................................ ....................  8 
Part  3—Copyright in subject -matter other than works  9 
13 Notices to be displayed near library or archive machines used to make 
infringing copies —paragraph  104B(b) of the Act  ................................ .......................  9 
14 Prescribed period relating to public performance of recordings first published 
outside Australia —paragraph  108(1)(b) of the Act  ................................ .....................  9 
15 Prescribed period relating to broadcasts of recordings not published in 
Australia —subsection  109(3) of the Act  ................................ ................................ ..... 9 
Part  4—Uses that do not infringe copyright  10 
16 Bodies administering key cultural institutions —paragraph  113L(b) of the Act  ......... 10 
Part  5—Collecting societies  11 
17 Rules of a collecting society —paragraphs 113W(d), 135ZZT(3)(d), 
135ZZZO(7)(d) and 153F(6)(f) of the Act  ................................ ................................ .11 
Part  6—Limitation on remedies available against carriage service 
providers  14 
Division  1—Preliminary  14 
18 Industry code —section  116AB of the Act  ................................ ................................ .14 
19 Designated representative  ................................ ................................ .......................... 14 
20 Requirements for notifications and notices  ................................ ................................ 14 
Division  2—Conditions —cached copyright material  15 
21 Notification relating to Category B activity  ................................ ............................... 15 
Division  3—Conditions —copyright material found to be infringing by an 
Australian court  16 
22 Notice in relation to Category C and D activities  ................................ ....................... 16 
Division  4—Conditions —takedown of copyright material following notice  17 
23 Application of this Division  ................................ ................................ ....................... 17 
24 Notice of claimed infringement  ................................ ................................ ................. 17 
25 Takedown procedure  ................................ ................................ ................................ ..17 
26 Counter -notice  ................................ ................................ ................................ ........... 18 
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OPC62131 - B 27 Copy of counter -notice to be sent to copyright owner  ................................ ............... 18 
28 Restoring copyright material  ................................ ................................ ...................... 18 
Division  5—Conditions —procedure following takedown of copyright material 
without notice from copyright owner, exclusive licensee or agent  20 
29 Application of this Division  ................................ ................................ ....................... 20 
30 Notice to user  ................................ ................................ ................................ ............. 20 
31 Counter -notice  ................................ ................................ ................................ ........... 21 
32 Restoring copyright material  ................................ ................................ ...................... 21 
Division  6—Conditions —takedown of reference to copyright material 
following notice from copyright owner, exclusive licensee or 
agent  22 
33 Application of this Division  ................................ ................................ ....................... 22 
34 Notice of claimed infringement  ................................ ................................ ................. 22 
35 Takedown procedure  ................................ ................................ ................................ ..22 
Division  7—Civil remedies  23 
36 Authority  ................................ ................................ ................................ .................... 23 
37 Action taken to comply with a condition  ................................ ................................ ...23 
38 Failure to restore or enable access to copyright material  ................................ ........... 23 
39 Misrepresentations in notifications and notices  ................................ ......................... 23 
Part  7—Technological protection measures  25 
40 Non-infringing acts enabled by circumvention of access control technological 
protection measures that are not actionable —paragraphs 116AN(9)(c) and 
132APC(9)(c) of the Act  ................................ ................................ ............................ 25 
Part  8—Infringement notices and forfeiture of infringing articles and 
devices  27 
Division  1—Preliminary  27 
41 Object of this Part  ................................ ................................ ................................ ......27 
42 Provisions subject to an infringement notice  ................................ ............................. 27 
Division  2—Infringement notices  29 
43 When an infringement notice may be given  ................................ ............................... 29 
44 Matters to be included in an infringement notice  ................................ ....................... 29 
45 Extension of time to pay amount  ................................ ................................ ............... 30 
46 Withdrawal of an infringement notice  ................................ ................................ .......30 
47 Effect of payment of amount ................................ ................................ ...................... 31 
48 Effect of this Part  ................................ ................................ ................................ .......32 
Division  3—Forfeiture of infringing articles and devices  33 
49 Forfeiture of infringing articles and devices  ................................ .............................. 33 
Part  9—Seizure of imported copies of copyrigh t material  34 
50 Definition of action period  in section  134B of the Act  ................................ .............. 34 
51 Definition of claim period  in section  134B of the Act  ................................ ............... 34 
52 Information to be given to Comptro ller-General of Customs about objection 
to importation of copies of works etc. —paragraph  135(8)(c) of the Act  ................... 34 
53 Seizure of copies of works etc. imported into certain external Territories —
subsection  135(9) of the Act  ................................ ................................ ...................... 34 
54 Claim for release of seized copies —section  135AEA of the Act  ............................... 35 
Part  10—Retransmission of free -to-air broadcasts  37 
55 Identity cards —subsection  135ZZQ(1) of the Act  ................................ ..................... 37 
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OPC62131 - B Part  11—Copyright Tribunal  38 
Division  1—Preliminary  38 
56 Authority  ................................ ................................ ................................ .................... 38 
57 Organizations treated like persons  ................................ ................................ ............. 38 
Division  2—General provisions  39 
58 Seal of Tribunal  ................................ ................................ ................................ ......... 39 
59 Filing of documents  ................................ ................................ ................................ ...39 
60 Address for service  ................................ ................................ ................................ ....39 
61 Tribunal may direct alternative means of service or dispense with service  ................ 40 
62 Notification o f orders of Tribunal and of reasons  ................................ ...................... 40 
Division  3—Applications and references to the Tribunal  41 
Subdivision A —General provisions about applications and references to the 
Tribunal  41 
63 Form, content and filing of application or reference to the Tribunal  .......................... 41 
64 Giving application or reference to other parties  ................................ ......................... 41 
65 Advertising of applications and references  ................................ ................................ 41 
66 Hearing of application or reference  ................................ ................................ ............ 42 
Subdivision B —Provisions about particular kinds of appl ications and references 
to the Tribunal  43 
67 Matters to be included in application under subsection  47(3) of the Act  ................... 43 
68 Matters to be included in application under paragraph  59(3)(b) of the Act  ............... 43 
69 Matters to be included in application under subsection  70(3) of the Act  ................... 44 
70 Matters to be included in application under subsection  107(3) of the Act  ................. 44 
71 Matters to be included in application under paragraph  108(1)(a) of the Act  .............. 44 
72 Matters to be included in application under paragraph  113P(4)(b) of the Act  ........... 45 
73 Application under paragraph  113R(2)(b) of the Act  ................................ .................. 45 
74 Matters to be included in application under paragraph  113S(4)(b) of the Act  ........... 46 
75 Matters to be included in references under paragraph  113V(2)(c) of the Act  ............ 47 
76 Matters to be included in references under paragraph  113X(2)(b) of the Act  ............ 47 
77 Matters to be included in applications under subsection  113ZB(1) of the Act  ........... 47 
78 Matters to be included in application under subsection  135ZZM(1) of the Act  ......... 48 
79 Matters to b e included in application under subsection  135ZZN(3) of the Act .......... 48 
80 Matters to be included in references under paragraph  135ZZT(1A)(c) of the 
Act ................................ ................................ ................................ ............................. 49 
81 Matters to be included in references under paragraph  135ZZU(2)(b) of the 
Act ................................ ................................ ................................ ............................. 49 
82 Matters to be included in application under subsection  135ZZWA(1) of the 
Act ................................ ................................ ................................ ............................. 49 
83 Matters to be included in application under subsection  135ZZZS(1) of the Act  ........ 50 
84 Matters to b e included in application under subsection  152(2) of the Act  ................. 50 
85 Matters to be included in application under subsection  152(12) of the Act  ............... 51 
86 Matters to be included in application under subsection  153F(1) of the Act  ............... 51 
87 Matt ers to be included in application under subsection  153G(1) of the Act  .............. 51 
88 Matters to be included in application under subsection  153K(1) of the Act  .............. 51 
89 Matters to be included in reference under section  154 of the Act  .............................. 52 
90 Reference of existing licence scheme under section  155 of the Act ........................... 52 
91 Reference under section  156 of the Act  ................................ ................................ .....53 
92 Application for leave under subsection  156(2) of the Act to refer licence 
scheme to the Tribunal  ................................ ................................ ............................... 54 
93 Application under subsection  157(1) of the Act  ................................ ......................... 55 
94 Application under subsection  157(2) of the Act  ................................ ......................... 55 
95 Application under subsection  157(3) of the Act  ................................ ......................... 56 
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OPC62131 - B 96 Applications under subsection  157(4) of the Act  ................................ ....................... 56 
97 Application under subsection  183(5) of the  Act ................................ ......................... 57 
98 Matters to be included in applications under subsection  183F(1) of the Act  ............. 58 
Subdivision C —Applications ancillary to Tribunal proceedings  58 
99 Application to be made a party to a Tribunal proceeding  ................................ .......... 58 
100 Application for order about matter related to Tribunal proceeding  ............................ 59 
101 Consenting to order about matter related to Tribunal proceeding  .............................. 59 
102 When notice or copy of application under section  100 need not be given  ................. 59 
103 Dealing with application under section  100 ................................ ............................... 60 
Division  4—Ancillary matters  61 
Subdivision A —General  61 
104 Consolidating applications and references  ................................ ................................ .61 
105 Directions as to procedure  ................................ ................................ .......................... 61 
106 Request as to constitution of Tribunal  ................................ ................................ ........ 62 
107 Withdrawal of application or reference  ................................ ................................ ......62 
108 Amendment of documents  ................................ ................................ ......................... 63 
Subdivision B —References of questions of la w to Federal Court of Australia  63 
109 Request for reference of question of law to Federal Court of Australia  ..................... 63 
110 Fixing new date  for hearing if party requests reference of question of law to 
Federal Court of Australia  ................................ ................................ .......................... 64 
111 Adjournment of Tribunal proceeding pending decision of Federal Co urt of 
Australia  ................................ ................................ ................................ ..................... 64 
112 Tribunal proceeding after determination of question of law by Federal Court 
of Australia  ................................ ................................ ................................ ................ 64 
113 Prescribed period for purposes of subsection  161(2) of the Act ................................ .65 
114 Prescribed period for purposes of subsection  161(3) of the Act ................................ .65 
115 Suspension of orders of  Tribunal pending reference of question of law to 
Federal Court of Australia  ................................ ................................ .......................... 65 
116 Modified operation of Part  VI of the Act in relation to suspended Tribunal 
orders ................................ ................................ ................................ ......................... 65 
Division  5—Miscellaneous  66 
117 Parties to Tribunal proceeding are also parties to ancillary application 
connected with Tribunal proceeding  ................................ ................................ .......... 66 
118 Extension of time  ................................ ................................ ................................ .......66 
119 Fees for copies  ................................ ................................ ................................ ........... 66 
120 Payment of witnesses’ fees and expenses  ................................ ................................ ..66 
121 Summons  ................................ ................................ ................................ ................... 67 
122 Power t o exempt from procedural requirements  ................................ ........................ 67 
123 Effect of non -compliance with this Part  ................................ ................................ .....67 
Part  12—The Crown  68 
124 Information on use of copyright material for services of the Crown —
subsection  183(4) of the Act  ................................ ................................ ...................... 68 
Part  13—Extension or restriction on operation of Act  69 
125 International organizations to which the Act applies —subsection  186(1) of 
the Act  ................................ ................................ ................................ ........................ 69 
Part  14—Moral rights  70 
126 Other information and particulars for  notices under section  195AT of the Act  ......... 70 
Part  15—Miscellaneous  72 
127 Period for keeping declarations relating to copying in library or archives —
subparagraph  203A(1)(b)(iii) and paragraph  203G(b) of the Act  .............................. 72 
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OPC62131 - B Part  16—Transitional matters  73 
128 Directions about information relating to objection to import of copyright 
material  ................................ ................................ ................................ ...................... 73 
129 Objection to import of copyright material into Norfolk Island  ................................ ..73 
130 Limitation on remedies available against carriage service providers  ......................... 73 
131 Things done under the Copyright Tribunal (Procedure) Regulations  1969  ............... 74 
Schedule  1—Form of notice near machine for copying works, 
published editions or audio -visual items  75 
Part  1—Text of notice near machine for copying works or published 
editions  75 
Part  2—Text of noti ce near machine for copying works, published editions 
or audio -visual items  76 
Part  3—Text of notice near machine for copying audio -visual items  77 
Schedule  2—Forms for Part  6 78 
Part  1—Form of notification relating to cached copyright material  78 
Part  2—Form of notice relatin g to copyright material found to be 
infringing by Australian court  80 
Part  3—Form of notice by owner, licensee or agent of claimed infringement 
by storage of copyright material  81 
Part  4—Form of counter -notice in response to notice by copyright owner, 
licensee or agent of claimed infringement  83 
Part  5—Form of counter -notice in response to takedown of copyright 
material without notice from copyright owner, licensee or agent  85 
Part  6—Form of notice by owner, licensee or agent of claimed infringement 
by reference to infringing copyright material  87 
Schedule  3—Forms of summons  89 
Part  1—Summons to witness  89 
Part  2—Summons to produce documents o r articles  90 
 
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Preliminary   Part 1  
   
 
Section 1 
 
 Copyright Regulations  2017  1 
OPC62131 - B Part  1—Preliminary  
   
1  Name  
  This instrument is the Copyright Regulations 2017 . 
2  Commencement  
 (1) Each provision of this instrument 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.  
 
Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  Sections  1 to 3 and 
anything in this 
instrument not 
elsewhere covered by 
this table  The day after this instrument is registered.  19 December 2017  
2.  Section  4 At the same time as Schedule  1 to the Copyright 
Amendment (Disability Access and Other Measures) 
Act 2017  commences.  22 December 2017  
3.  Parts  2 to 6  At the same time as Schedule  1 to the Copyright 
Amendment (Disability Access and Other Measures) 
Act 2017  commences.  22 December 2017  
4.  Part  7 1 April 2018.  1 April 2018  
5.  Parts  8 to 16  At the same time as Schedule  1 to the Copyright 
Amendment (Disability Access and Other Measures) 
Act 2017  commences.  22 December 2017  
6.  Schedules  1 to 3  At the same time as Schedule  1 to the Copyright 
Amendment (Disability Access and Other Measures) 
Act 2017  commences.  22 December 2017  
Note:  This table relates only to the provisions of this instrument as originally made. It will 
not be amended to deal with any later amendments of this instrument . 
 (2) Any information in column 3 of the table is not part of this instrument. 
Information may be inserted in this column, or information in it may be edited, in 
any published version of this instrument.  
3  Authority  
  This instrument  is made under the Copyright Act 1968 . 
4  Definitions  
Note:  A number of expressions used in this instrument are defined in the Act, including the 
following:  
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Section  4 
 
2 Copyright Regulations  2017   
OPC62131 - B (a) adaptation;  
(b) artistic work;  
(c) Australia;  
(d) body administering;  
(e) carriage service provider;  
(f) cinematograph film;  
(g) collecting society;  
(h) copy;  
(i) copyright material;  
(j) device;  
(k) dramatic work;  
(l) educational institution;  
(m) eligible rights holder;  
(n) government;  
(o) government copy;  
(p) infringing copy;  
(q) licensed copying or communicating;  
(r) literary work;  
(s) manuscript;  
(t) record;  
(u) Registrar;  
(v) rules;  
(w) sound broadcast;  
(x) sound recording;  
(y) technological protection measure;  
(z) television broadcast;  
(za) the Tribunal;  
(zb) to the public;  
(zc) work;  
(zd) works collecting society.  
  In this instrument : 
Act means the Copyright Act 1968 . 
address for service  of a person or body means an address in Australia at which, 
or an electronic  address through which, documents may be served on the person 
or body.  
Australian -based : a person is Australian -based  if the person : 
 (a) resides or carries on business in Australia ; or 
 (b) if the person is a corporation —has a registered office in Australia . 
caching  has the same meaning as in section  116AB of the Act.  
civil action  means a proceeding of a civil nature between parties, including a 
counterclaim.  
Note: This is essentially the same as the definition of action  in Part  V of the Act.  
designated representative  of a carriage service provider  means the person 
designated under section  19 to receive notifications and notices under Part  6 for 
the carriage serv ice provider . 
distributable amount  has the meaning given by subsection  17(3). 
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Section 4 
 
 Copyright Regulations  2017  3 
OPC62131 - B entitled person  has the meaning given by subsection  17(3). 
equitable remuneration  has the meaning given by subsection  17(3). 
infringement notice  means an infringement notice given under section  43. 
infringement officer  means:  
 (a) a member of the Australian Federal Police (as defined in the Australian 
Federal Police Act 1979 ); or 
 (b) a member of the police force (however described) of a State or Territory.  
infringing article , in relation to an offence of strict liability against a provision 
of Division  5 of Part  V of the Act (except subsections  132AQ(5), 132AR(5) and 
132AS(5)), means an article that is alleged : 
 (a) to be an infringing copy of a w ork or other subject -matter ; and 
 (b) to have been involved in the commission of the offence.  
infringing device , in relation to an offence of strict liability against a provision 
of Division  5 of Part  V of the Act (except subsections  132AQ(5), 132AR(5) and  
132AS(5)), means a device that is alleged : 
 (a) to have been made to be used for making an infringing copy of a work or 
other subject -matter ; and 
 (b) to have been involved in the commission of the offence.  
party  has a meaning affected by section  117. 
potential share  has the meaning given by subsection  17(3). 
President  means the President of the Tribunal.  
reference  of a matter to the Tribunal under the Act includes referral of the matter 
to the Tribunal under the Act.  
relevant chief executive  means the Commissioner (or head, however described) 
of the Australian Federal Police or of the police force (however described) of a 
State or Territory.  
relevant copyright owner  has the meaning given by subsection  17(3). 
relevant file number , in relation to a Tribun al proceeding, means the file number 
given by the Registrar to the proceeding.  
sealed  means sealed with the seal of the Tribunal.  
subject to an infringement notice  under Part  9 has the meaning given by 
section  42. 
system or network  of a carriage service provider  means a system or network 
controlled or operated by or for the carriage service provider . 
Tribunal proceeding  means a proceeding before the Tribunal.  
user, in relation to copyright material stored on a carriage service provider ’s 
system or network , means the person who directed the carriage service provider  
to store the copyright material on its system or network.  
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Part 2   Copyright in original works  
   
 
Section  5 
 
4 Copyright Regulations  2017   
OPC62131 - B Part  2—Copyright in original works  
   
5  Notices to be displayed near library or archive machines used to make 
infringing copies —paragraph  39A(b) of the Act  
  For the purposes of paragraph  39A(b) of the Act:  
 (a) the prescribed dimensions of a notice  are at least 297 millimetres long and 
at least 210 millimetres wide; and  
 (b) the prescribed form of notice is a form containing the text in Part 1 or 2 of 
Schedule  1. 
6  Notice requirements for communication  of electronic reproduction by library 
or archives —subparagraph  49(7A)(c) (ii) of the Act  
  For the purposes of sub paragraph  49(7A)(c) (ii) of the Act, the following matters 
are presc ribed:  
 (a) that further dealings with the reproduction may infringe copyright;  
 (b) that Division  3 of Part  III of the Act affects whether further dealings would 
infringe copyright.  
7  Notice of intended publication of unpublished work kept in public libr ary—
paragraphs 52(1)(b) and (2)(b) of the Act  
 (1) For the purposes of paragraph s 52(1) (b) and (2)(b) of the Act, the prescribed 
notice of the intended publication of the new work is a notice that: 
 (a) is published in accordance with subsection  (2) of this section; and  
 (b) sets out the matters described in subsection  (3) of this section.  
 (2) The notice is to be published in the Gazette  at least 2 months  before the 
publication (or subsequent publication ) of the new work . 
 (3) The notice is to set out:  
 (a) the name of the person (the intending publisher ) intending to publish the 
new work  and how the intending publisher may be contacted ; and 
 (b) the intending publisher ’s intention to publish the new work;  and 
 (c) the title (if any) of the old work and,  if that title does not enable that work 
to be identified, a description of that work that enables that work to be 
identified ; and  
 (d) the time, or an estimate of the time, when the old work was made or the 
period, or an estimate of the period, over which  the making of the old work 
extended; and  
 (e) the name of the author of the old work, if that name is known to the 
intending publish er; and  
 (f) the name and address of the library or other place in which a copy, or the 
manuscript, of the old work is kept ; and  
 (g) the name of the person from whom the copy or manuscript of the old work 
was acquired for the purposes of that library or other place, or a statement 
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Copyright in original works   Part 2  
   
 
Section 8 
 
 Copyright Regulations  2017  5 
OPC62131 - B of the fact that the intending publisher does not know the name of that  
person; and  
 (h) that a person claiming to be the owner of the copyright in the old work may 
give notice of his or her claim to the intending publish er. 
8  Countries in relation to which Division  6 of Part  III of the Act applies —
subparagraphs  55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the 
Act 
  For the purposes of subparagraphs  55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) 
of the Act, Division  6 of Part  III of the Act applies to a country that : 
 (a) is a party to any of the following:  
 (i) the International  Convention for the Protection of Literary and Artistic 
Works done  at Berne on 9  September 1886 as revised from time to 
time;  
 (ii) the Universal Copyright Convention done  at Geneva on 6  September  
1952  as revised from time to time ; 
 (iii) the WIPO Copyrigh t Treaty  done at Geneva on 20  December 1996  as 
revised from time to time ; or 
 (b) is a member of the World Trade Organization . 
Note 1: Information as to which countries are parties to the International Convention for the 
Protection of Literary and Artistic  Works could in 201 7 be viewed on the World 
Intellectual Property Organization ’s website  (http:// www.wipo.int ). 
Note 2 : Information as to which countries are parties to the Universal Copyright Convention  
could in 201 7 be viewed on the  United Nations Educational, Scientific and Cultural 
Organization ’s website (http://www.unesco.org ). 
Note  3: Information as to which countries are parties to the WIPO Copyright Treaty could in 
2017 be viewed on the World Intellectual Property Organization ’s website 
(http://www.wipo.int).  
Note 4:  Information as to which countries are members of the World Trade Organization could 
in 2017 be viewed on the World Intellectual Property Organization’s website 
(https://www.wto.org ). 
9  Notice of intended making of record of musical work  
 (1) For the purposes of paragraph  55(1)(b) of the Act, the prescribed notice of the 
intended making of a record of a musical work is a written notice given in 
accordance with this section by the person  (the intending maker ) intending to 
make the record.  
How notice is given  
 (2) The notice must be given:  
 (a) by service of the notice on:  
 (i) the owner of the copyright in the work, if the owner is 
Australian -based ; or 
 (ii) an Australian -based  person who  has been appointed by th e owner of 
that copyright as the owner ’s agent for the purpose of receiving 
notices under section  55 of the Act; or  
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Section  10 
 
6 Copyright Regulations  2017   
OPC62131 - B  (b) if the intending maker does not know the name, or an address for service, 
of the owner or of an agent described in subparagraph  (a)(ii) —by: 
 (i) publication of the notice in the Gazette ; and  
 (ii) if the notice published does not include the information de scribed in 
subsection  (4)—giving that information to the owner or such an agent 
on application made by the owner or agent.  
Content of notice  
 (3) The notice must set out:  
 (a) that a person specified in the notice intends to make in Australia a record of 
the musical work or of part of the musical work; and  
 (b) how the intending maker may be contacted; and  
 (c) the title (if any) of the work and, if that title does not enable the work to be 
identified, a description of the work that enables the work to be i dentified; 
and 
 (d) a statement of the fact (if true) that the record is to comprise a performance 
of the work in which words are sung, or are spoken incidentally to or in 
association with the music; and  
 (e) the name of the author of the work, if that is known to the intending maker ; 
and 
 (f) how the information described in subsection  (4) may be obtained from a 
place in Australia if the notice is published as described in paragraph  (2)(b) 
and does not contain that information . 
 (4) The notice must, if giv en as described in paragraph  (2)(a), or may, if published as 
described in paragraph  (2)(b), set out:  
 (a) any details  known to the intending maker that are needed to enable the 
owner of the copyright to identify a previous record of the musical work 
referr ed to in paragraph  55(1)(a) of the Act; and  
 (b) whether the record that is intended to be made is to be a disc, tape, paper or 
other device; and  
 (c) the trade description intended to be placed on the label of the record and 
the proposed trade prefix and catalogue number of the record; and  
 (d) the date on which it is proposed to offer or expose the record for sale to the 
public in Australia;  and 
 (e) the proposed selling price to the public of the record; and  
 (f) the amount of the royalty that the intend ing make r estimates will be 
payable to the owner of the copyright for the record.  
10  Prescribed period relating  to making of records of musical works —
subsection  55(3) of the Act  
  For the purpose of subsection  55(3) of the Act, one month is prescribed.  
11  Inquiries relati ng to previous records of musical works —section  61 of the Act  
 (1) For the purposes of section  61 of the Act, this section prescribes : 
 (a) how inquiries relating to the previous making or import of a record of a 
musical work are to be ma de; and  
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Section 11 
 
 Copyright Regulations  2017  7 
OPC62131 - B  (b) the period for receiving an answer to inquiries.  
Who is to be asked  
 (2) The inquiries must be made of:  
 (a) the owner of the copyright in the musical work; and  
 (b) if words consisting or forming part of a literary or dramatic work were 
sung or spoken in the musical work, the owner of the copyright in the 
literary or dramatic work.  
How inquiries are to be made  
 (3) Inquiries must be made in writing.  
 (4) Inquiries of an Australian -based owner of copyright must be given to  the owner.  
 (5) Howev er: 
 (a) if the owner has appointed an Australian -based person as the owner ’s agent 
for the purpose of answering inquiries made under section  61 of the Act, 
the inquiries may be given to  the agent; and  
 (b) if a person wishing to make inquiries of an owner  does not know the name, 
or an address for service, of the owner or of such an agent, the inquiries 
must be published in the Gazette . 
Content of inquiries  
 (6) The inquiries must set out : 
 (a) the name  of the person making the inquiries and how the person may be 
contacted ; and 
 (b) the title  (if any) of the musical, literary or dramatic work  concerned  and, if 
the title does not enable the work to be identified, a description of the work 
that enables the work to be identified ; and 
 (c) the name of the author, if the person making the inquiries knows it; and  
 (d) if the inquiries relate to a particular record —sufficient information to 
enable the record to be identified; and  
 (e) an inquir y whether a record of the musical work, or of the musical work in 
which words consisting or forming part of the literary or dramatic work 
were sung or spoken, has previously been made in, or imported into, 
Australia : 
 (i) by, or with the licence of, the owner of the copyright in the musical 
work or in the literary or dram atic work ; or 
 (ii) for the purpose of retail sale ; or 
 (iii) for use in making other records for the purpose of retail sale.  
Period for answering inquiries  
 (7) The period for receiving an answer to inquiries is  10 days after : 
 (a) the inquiries were given (except by post) or published; or  
 (b) if the inquiries were given  by post —the da y the inquiries  would be 
delivered in the ordinary course of post . 
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Part 2   Copyright in original works  
   
 
Section  12 
 
8 Copyright Regulations  2017   
OPC62131 - B 12  Circumstances in which design is taken to be applied industrially —section  77 
of the Act  
 (1) For the p urposes of section  77 of the Act, a design is taken to be applied 
industrially if it is applied:  
 (a) to more than 50 articles; or  
 (b) to one or more articles (other than hand -made articles) manufactured in 
lengths or pieces.  
 (2) For the purposes of paragraph  (1)(a), any 2 or more articles  are taken to 
constitute a single article if : 
 (a) they are of the same general character; and  
 (b) they are intended for use together; and  
 (c) the same design, or substantially the same design, is applied  to them.  
 (3) For the purposes of this section, a design is taken to be applied to an article if:  
 (a) the design is applied to the article by a process (whether a process of 
printing  or embossing or another process ); or 
 (b) the design is reproduced on or in the article in the course of the production 
of the article.  
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Copyright in subject -matter other than works   Part 3  
   
 
Section 13 
 
 Copyright Regulations  2017  9 
OPC62131 - B Part  3—Copyright in subject -matter other than works  
   
13  Notice s to be displayed near library or archive machines  used to make 
infringing copies —paragraph  104B(b) of the Act  
  For the purposes of paragraph  104B(b) of the Act:  
 (a) the prescribed dimensions of a notice are at least 297 millimetres long and 
at least 210 millimetres wide; and  
 (b) the prescribed form of notice is a form  containing the text : 
 (i) in Part 1 or 2 of Schedule  1, if the co py is of a published edition of a 
work; or  
 (ii) in Part 2 or 3 of Schedule  1, if the copy is of an audio -visual item.  
14  Prescribed period relating  to public performance of recordings first 
published outside Australia —paragraph  108(1)(b) of the Act  
  For the purposes of paragraph  108(1) (b) of the Act, the period is 7 weeks.  
15  Prescribed period relating  to broadcasts of recordings not published in 
Australia —subsection  109(3) of the Act  
  For the purposes of subsection  109(3) of the Act, the period is 7 weeks.  
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Part 4   Uses that do not infringe copyright  
   
 
Section  16 
 
10 Copyright Regulations  2017   
OPC62131 - B Part  4—Uses that do not infringe copyright  
   
16  Bodies administering k ey cultural institutions —paragraph  113L(b) of the Act  
  For the purposes of paragraph  113L(b) of the Act, the following bodies are 
prescribed:  
 (a) the Australian Broadcasting  Corporation;  
 (b) the Australian National University;  
 (c) the Special Broadcasting Service Corporation.  
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Collecting societies   Part 5  
   
 
Section 17 
 
 Copyright Regulations  2017  11 
OPC62131 - B Part  5—Collecting societies  
   
17  Rules of a collecting society —paragraphs 113W(d), 135ZZT(3)(d), 
135ZZZO(7)(d) and 153F(6)(f) of the Act  
 (1) For the purposes of paragraphs 113W(d), 135ZZT(3)(d) and 135ZZZO(7)(d) of 
the Act, the following provisions of rules of a collecting society are prescribed:  
 (a) that accounting periods must be determined, in accordance with the rules, 
by the collecting societ y for accounting purposes and that no accounting 
period may extend beyond 30  June in any year;  
 (b) that a consistent practice must be followed with regard to attributing the 
receipts and expenditure of the collecting society to a particular accounting 
period; 
 (c) that the collecting society must exercise reasonable diligence in the 
collection of amounts of equitable remuneration, having regard to the 
expenses likely to be incurred in the collection of such amounts;  
 (d) that the total amount of any gifts for cultural or benevolent purposes made 
by the collecting society in respect of any accounting period must not 
exceed such percentage of the total amount of equitable remuneration 
received by the society for that accounting period as is specified in the 
rules;  
 (e) that the administrative costs and other outgoings of the collecting society 
paid by the society out of the amounts of equitable remuneration collected 
by it must be reasonable;  
 (f) that the distributable amount relating to each accounting perio d of the 
collecting society must be allocated in accordance with a scheme of 
allocation (the scheme ) that:  
 (i) is determined in accordance with the rules; and  
 (ii) includes criteria for allocation that are specified in the rules; and  
 (iii) provides for the allocation of potential shares in the distributable 
amount to entitled persons;  
 (g) that, in relation to each potential share in the distributable amount allocated 
in accordance with the scheme of the collecting society to an entitled 
person who is a member of the society at the time of allocation, an amount 
representing the share must be paid, as soon as is reasonably possible after 
the allocation, to the entitled person;  
 (h) that, in relation to each potential share in the distributable amount alloc ated 
in accordance with the scheme of the collecting society to an entitled 
person who is not a member of the society at the time of allocation, an 
amount representing the share:  
 (i) must be paid, as soon as is reasonably possible after the allocation, 
into a trust fund operated by the society for purposes referred to in 
paragraph  (i); and  
 (ii) subject to subparagraph  (iii), must be held in that fund in accordance 
with the rules of the society; and  
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Part 5   Collecting societies  
   
 
Section  17 
 
12 Copyright Regulations  2017   
OPC62131 - B  (iii) if the entitled person becomes a member while the amount is held in 
the trust fund —must be distributed to the person as soon as is 
reasonably possible after he or she becomes a member;  
 (i) that a trust fund must be operated by the collecting society for purposes 
that include the holding on trust, for any  entitled person who is not, and 
whose agent is not, a member of the society, of any potential share 
allocated to that person in accordance with the scheme;  
 (j) that any part of a distributable amount, relating to an accounting period, 
that cannot for any  reason be distributed must be held on trust in the trust 
fund referred to in paragraph  (i) until distribution becomes possible or until 
the end of a specified period of not less than 4 years, whichever happens 
first;  
 (k) that a member of the collecting s ociety must, on request, be given 
reasonable access to the records of the society, whether or not the member 
is an entitled person.  
 (2) For the purposes of paragraph  153F(6)(f) of the Act, the rules of an applicant to 
be declared a collecting society are required to include provisions with the 
effects described in paragraphs  (1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) 
of this section.  
 (3) In this instrument:  
distributable amount , in relation to an accounting period of a collecting society,  
means the amount of equitable remuneration received by the society that is:  
 (a) attributable to that period (in accordance with the practice of the society); 
or 
 (b) otherwise available for distribution;  
after the payment or reservation, out of that amou nt, of:  
 (c) amounts attributable to that period that are paid or held, in accordance with 
the rules of the society, for:  
 (i) gifts made by the society; and  
 (ii) administrative costs and other outgoings of the society; and  
 (d) amounts to be carried forw ard, in accordance with the rules of the society, 
to the next accounting period.  
entitled person , in relation to a collecting society declared under a section of the 
Act mentioned in column 1 of an item of the following table, means:  
 (a) a member of the collecting society who is:  
 (i) a person described in column 2 of that item; or  
 (ii) the agent of a person described in column 2 of that item; or  
 (b) a person described in column 2 of that item who is not a member of the 
collecting society and whose agen t, if any, is not a member.  
Entitled person  
 Column 1  
Section of 
the Act  Column 2  
Person  
1 113V  Eligible rights holder  
2 135ZZT  Relevant copyright owner (as defined in Part  VC of the Act)  
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Section 17 
 
 Copyright Regulations  2017  13 
OPC62131 - B Entitled person  
 Column 1  
Section of 
the Act  Column 2  
Person  
3 135ZZZO  Relevant copyright owner (as defined in Part  VD of the  Act) 
4 153F  Owner of copyright in copyright material as defined in Division  2 of Part  VII of 
the Act  
equitable remuneration , in relation to a collecting society declared under a 
section of the Act mentioned in column 1 of an item of the following table,  has 
the meaning given by column 2 of the item.  
Equitable remuneration  
 Column 1  
Section of 
the Act  Column 2  
Equitable remuneration  
1 113V  Equitable remuneration payable under remuneration notices given to the society 
under section  113Q of the Act  
2 135ZZT  Equitable remuneration payable by retransmitters under section  135ZZM of the 
Act 
3 135ZZZO  Equitable remuneration payable by satellite BSA licensees under 
section  135ZZZK of the Act  
4 153F  Equitable remuneration payable by governments under section  183A of the Act  
potential share  means a share that is:  
 (a) a share in a distributable amount; and  
 (b) represented by an amount that will be distributed in the circumstances 
referred to in paragraph  (1)(g) or (h).  
relevant copyright owner : 
 (a) in relation to a collecting society declared under section  135ZZT of the 
Act—has the same meaning as in Part  VC of the Act; and  
 (b) in relation to a collecting society declared under section  135ZZZO of the 
Act—has the same meaning as in Part  VD of the Act . 
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Part 6   Limitation on remedies available against carriage service providers  
Division 1   Preliminary  
 
Section  18 
 
14 Copyright Regulations  2017   
OPC62131 - B Part  6—Limitation on remedies available against carriage 
service provider s 
Division  1—Preliminary  
18  Industry code —section  116AB of the Act  
  For the purposes of subparagraph  (a)(i) of the definition of industry code  in 
section  116AB of the Act, the following requirements are prescribed for an 
industry code that does not deal solely with caching : 
 (a) the industry code must be developed through an open voluntary process by 
a broad consensus of : 
 (i) owners and exclusive licensees  of copyright ; and  
 (ii) carriage  service  providers;  
 (b) the industry code must include a provision to the effect that standard 
technical measures are technical measures that:  
 (i) are used to protect and identify copyright material; and  
 (ii) are accepte d under the industry code or developed in accordance with 
a process set out in the industry code; and  
 (iii) are available on non -discriminatory terms; and  
 (iv) do not impose substantial costs on carriage service provider s or 
substantial burdens on their systems or networks.  
19  Designated representative  
 (1) A carriage service provider  must designate a person to be the representative of 
the carriage service provider  to receive  for the carriage service provider  
notifications , notices and counter -notices given for the purposes of a condition in 
subsection  116AH(1) of the Act . 
 (2) The carriage service provider  must publish a notice in a reasonably prominent 
location on its website setting out the following information:  
 (a) the title of the position of the  designated representative;  
 (b) sufficient information to allow a person to contact the designated 
representative . 
20  Requirements for notifications and notices  
  A notification, notice or counter -notice given  for the purposes of a condition in 
subsection  116AH(1) of the Act  must:  
 (a) be in accordance with the form prescribed by this Part; and  
 (b) be given  by post or electronic communication to the carriage service 
provider ’s designated representative.  
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Limitation on remedies available against carriage service providers   Part 6  
Conditions —cached copyright material   Division 2  
 
Section 21 
 
 Copyright Regulations  2017  15 
OPC62131 - B Division  2—Conditions —cached copyright mat erial  
21  Notification relat ing to Category B activity  
  For the purposes of condition 3 of item  3 of the table in subsection  116AH(1) of 
the Act, the form of notification set out in Part  1 of Schedule  2 is prescribed.  
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Part 6   Limitation on remedies available against carriage service providers  
Division 3   Conditions —copyright material found to be infringing by an Australian court  
 
Section  22 
 
16 Copyright Regulations  2017   
OPC62131 - B Division  3—Conditions —copyright material found to be infringing 
by an Australian court  
22  Notice in relation to Category C and D activities  
  For the purposes of condition 2 of item  4 (Category C activities), and condition 2 
of item  5 (Category D activities), of the table in subsection  116AH(1) of the Act, 
the form of notice set out in Part  2 of Schedule  2 is prescribed.  
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Conditions —takedown of copyright material following notice   Division 4  
 
Section 23 
 
 Copyright Regulations  2017  17 
OPC62131 - B Division  4—Conditions —takedown of copyright material following 
notice  
23  Application of this Division  
  For the purposes of condition 3 of item  4 (Category C activities ) of the table in 
subsection  116AH(1) of the Act, this Division prescribes the procedure to be 
followed in relation to copyright material residing on a carriage service 
provider ’s system or network if:  
 (a) the owner  or exclusive licensee  of the copyright in the material , or an agent 
of the owner or licensee,  reasonably believes that the material is infringing; 
and 
 (b) the owner , licensee  or agent wishes the carriage service provider  to remove 
or disable access to the material.  
24  Notice of claimed infrin gement  
 (1) The owner  or exclusive licensee  of the copyright in the copyright material , or an 
agent of the owner or licensee,  may give a notice of claimed infringement in 
relation to the copyright material to the carriage service provider ’s designated 
representative.  
 (2) The notice of claimed infringement must be in accordance with the form set out 
in Part  3 of Schedule  2. 
25  Takedown procedure  
 (1) If a carriage service provider  receives a notice of claimed infringement under 
section 24, the carriage  service provider  must expeditiously remove, or disable 
access to, the copyright material specified in the notice and residing on its system 
or network.  
 (2) As soon as practicable after removing, or disabling access to, copyright material 
under subsection  (1), the carriage service provider  must send to the user who 
directed the carriage service provider  to store the copyright material on its 
system or network:  
 (a) a copy of the notice of claimed infringement; and  
 (b) a notice stating:  
 (i) that the copyr ight material has been removed, or access to it has been 
disabled; and  
 (ii) that the user may, within 3 months after receiving the copy of the 
notice of claimed infringement, give a counter -notice in accordance 
with section 26 of the Copyright Regulation s 2017 to the carriage 
service provider ’s designated representative disputing the claims in 
the notice of claimed infringement.  
Note:  The carriage service provider  need not take any further action in relation to the 
copyright material unless the carriage se rvice provider  receives a counter -notice from 
the user under  section 26. 
 (3) A carriage service provider  is taken to have complied with subsection  (2) if:  
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Division 4   Conditions —takedown of copyright  material following notice  
 
Section  26 
 
18 Copyright Regulations  2017   
OPC62131 - B  (a) the carriage service provider  has taken reasonable steps to identify the user 
but has been unable to do so; or  
 (b) the carriage service provider  sends the documents to the user as required by 
subsection  (2) but they are not received by the user.  
26  Counter -notice  
 (1) If a user receives a copy of a notice of claimed infringement from a carriage 
service provider  under section 25, the user may give a counter -notice to the 
carriage service provider ’s designated representative disputing the claims set out 
in the notice.  
Note: If the user does not give a counter -notice to the carriage service provider ’s designated 
representative, the carriage service provider  is not required to take any further action in 
relation to the notice of claimed infringement.  
 (2) The counter -notice must:  
 (a) be in accordance with the form set out in Part  4 of Schedule  2; and  
 (b) be given  within 3 months after the user receives the copy of the notice of 
claimed infringement.  
27  Copy of counter -notice to be sent to copyright owner  
 (1) If a carriage  service provider  receives a counter -notice from a user under 
section 26 in response to a notice of claimed infringement, the carriage service 
provider  must, as soon as practicable after receiving the counter -notice, send to 
the copyright owner , exclusive licensee  or agent who gave the notice of claimed 
infringement:  
 (a) a copy of the counter -notice; and  
 (b) a notice stating that if the owner , licensee  or agent does not, within 10 
business  days after the da y the notice was sent, bring an action seeking a 
court order to restrain the activity that is claimed to be infringing, the 
carriage service provider  will restore, or enable access to, the copyright 
material on its system or network.  
 (2) If the counter -notice is from a user who is an individual, the copy of the 
counter -notice and the notice under paragraph  (1)(b) sent to the copyright owner , 
licensee  or agent under subsection  (1) may disclose information that could 
identify the user if the disclosure is con sistent with the Telecommunications Act 
1997  and the Privacy Act 1988 . 
28  Restoring copyright material  
 (1) A carriage service provider  must comply with this section if:  
 (a) the carriage service provider  sends a copy of a counter -notice given  by a 
user a nd a notice to the copyright owner , exclusive licensee  or agent under 
section 27 in relation to a notice of claimed infringement given  by the 
owner , licensee  or agent; and  
 (b) either:  
 (i) the owner , licensee  or agent does not, within 10 business  days aft er 
those documents were sent, notify the carriage service provider ’s 
designated representative that the owner , licensee  or agent has 
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Limitation on remedies available against carriage service providers   Part 6  
Cond itions —takedown of copyright material following notice   Division 4  
 
Section 28 
 
 Copyright Regulations  2017  19 
OPC62131 - B brought an action seeking a court order to restrain the activity that is 
claimed to be infringing; or  
 (ii) the carriage se rvice provider  is notified that an action for infringement 
of the copyright in the copyright material has been discontinued or 
was unsuccessful.  
 (2) The carriage service provider  must restore, or enable access to, the copyright 
material on its system or n etwork:  
 (a) if the carriage service provider  is not notified by the owner , licensee  or 
agent of the matter mentioned in subparagraph  (1)(b)(i) within the period 
mentioned in that subparagraph —as soon as practicable after the end of 
that period; or  
 (b) if the carriage service provider  is notified of the matter mentioned in 
subparagraph  (1)(b)(ii) —as soon as practicable after receiving the 
notification.  
Note:  The carriage service provider  is not required to have regard to a notification , from the 
owner , licensee  or agent , of a kind mentioned in subparagraph  (1)(b)(i) if it is received 
more than 10 business  days after the documents were sent to the owner , licensee  or 
agent under section 27. 
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Part 6   Limitation on remedies available against carriage service providers  
Division 5   Conditions —procedure following takedown of copyright material without notice from 
copyright owner, exclusive licensee or agent  
 
Section  29 
 
20 Copyright Regulations  2017   
OPC62131 - B Division  5—Conditions —procedure following takedown of copyright 
material without notice from copyright owner, exclusive 
licensee or agent  
29  Application of this Division  
 (1) For the purposes of condition 3 of item  4 (Category C activities) of the table in 
subsection  116AH(1) of the Act, this Division prescribes the pro cedure to be 
followed in relation to copyright material residing on a carriage service 
provider ’s system or network if the carriage service provider  becomes aware 
(except as described in subsection  (2)): 
 (a) that the material is infringing; or  
 (b) of facts or circumstances that make it apparent that the material is likely to 
be infringing.  
Note:  The carriage service provider  must act expeditiously to remove or disable access to 
copyright material residing on its system or network if the carriage service provider  
becomes aware of a matter mentioned in paragraph  (1)(a) or (b) in relation to the 
material —see condition 2A of item  4 of the table in subsection  116AH(1) of the Act.  
 (2) This Division does not apply if the carriage service provider  become s aware of a 
matter mentioned in paragraph  (1)(a) or (b) as a result of receiving a notice of 
claimed infringement under Division  4, or any other notification, from the owner  
or exclusive licensee  of the copyright in the material  or from an agent of the 
owner or licensee . 
Note:  The procedure prescribed in Division  4 applies if the carriage service provider  receives 
a notice of claimed infringement in relation to the copyright material from the owner or 
exclusive licensee of the copyright in the material or from an agent of the owner or 
licensee . 
30  Notice to user  
 (1) As soon as practicable after removing, or disabling access to, the copyright 
material under condition 2A of item  4 of the table in subsection  116AH(1) of the 
Act, the carriage service provider  must send to the user who directed the carriage 
service provider  to store the copyright material on its system or network a notice 
stating:  
 (a) that the copyright material has been removed, or access to it has been 
disabled; and  
 (b) the grounds for remo ving, or disabling access to, the copyright material; 
and 
 (c) that the user may, within 3 months after receiving the notice, give a 
counter -notice in accordance with section 31 of the Copyright 
Regulation s 2017 to the carriage service provider ’s designate d 
representative : 
 (i) disputing the grounds for removing, or disabling access to, the 
copyright material ; and 
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Conditions —procedure following takedown of copyright material without notice from copyright 
owner, exclusive licensee or agent   Division 5  
 
Section 31 
 
 Copyright Regulations  2017  21 
OPC62131 - B  (ii) requesting the carriage service provider  to restore, or enable access to, 
the copyright material on the carriage service provider ’s system or 
network.  
 (2) A carriage service provider  is taken to have complied with subsection  (1) if:  
 (a) the carriage service provider  has taken reasonable steps to identify the user 
but has been unable to do so; or  
 (b) the carriage service provider  sends the notice to the user as required by 
subsection  (1) but it is not received by the user.  
31  Counter -notice  
 (1) If a user receives a notice from a carriage service provider  under section 30, the 
user may give a counter -notice to the carriage service provider ’s designated 
representative : 
 (a) disputing the grounds for removing, or disabling access to, the copyright 
material ; and 
 (b) requesting the carriage service provider  to restore, or enable access to, the 
copyright material on the carriage service provider ’s system or network.  
Note:  If the user does not give a counter -notice to the carriage service provider ’s designated 
representative, the carriage service provider  is not required to take any further action in 
relation to the copyright material.  
 (2) The counter -notice must:  
 (a) be in accordance with  the form set out in Part  5 of Schedule  2; and  
 (b) be given  within 3 months after the user receives the notice under 
section 30. 
32  Restoring copyright material  
  If: 
 (a) a carriage service provider  receives a counter -notice in relation to 
copyright material under section 31; and  
 (b) on the basis of the information and statements in the counter -notice, the 
carriage service provider  is satisfied that the copyright material is not, or is 
not likely to be, infringing ; 
the carriage service provider  must, as soon as practicable after receiving the 
counter -notice, restore, or enable access to, the copyright mat erial on its system 
or netwo rk. 
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Part 6   Limitation on remedies available against carriage service providers  
Division 6   Cond itions —takedown of reference to copyright material following notice from copyright 
owner, exclusive licensee or agent  
 
Section  33 
 
22 Copyright Regulations  2017   
OPC62131 - B Division  6—Conditions —takedown of reference to copyright material 
following notice from copyright owner , exclusive licensee or 
agent  
33  Application of this Division  
  For the purposes of condition 3 of item  5 (Category D activities) of the table in 
subsection  116AH(1) of the Act, this Division prescribes the procedure to be 
followed in relation to a reference to copyright material that is provided by a 
carriage service provider  on its system or network if:  
 (a) the owner  or exclusive licensee  of the copyright in the material , or an agent 
of the owner or licensee,  reasonably believes that the material is infringing; 
and 
 (b) the owner , licensee  or agent wishes the carriage service provider  to remove 
or disable access to the reference to the material.  
34  Notice of claimed infringement  
 (1) The owner  or exclusive licensee  of the copyright in the copyright material to 
which the reference is provided , or an agent of the owner or licensee,  may give a 
notice of claimed infringement to the carriage service pr ovider ’s designated 
representative.  
 (2) The notice of claimed infringement must be in accordance with the form set out 
in Part  6 of Schedule  2. 
35  Takedown procedure  
  If a carriage service provider  receives a notice of claimed infringement under 
section 34, the carriage service provider  must expeditiously remove, or disable 
access to, the reference to the copyright material specified in the notice and 
provided by the carriage service provider  on its system or network.  
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Limitation on remedies availab le against carriage service providers   Part 6  
Civil remedies   Division 7  
 
Section 36 
 
 Copyright Regulations  2017  23 
OPC62131 - B Division  7—Civil remedies  
36  Authority  
  This Division has effect for the purposes of section  116AJ of the Act.  
37  Action taken to comply with a condition  
  A carriage service provider  is not liable for damages or any other civil remedy as 
a result of action taken in good faith by the carriage service provider  to comply 
with any of the following conditions:  
 (a) condition 3 of item  3 (Category B activities) of the table in 
subsection  116AH(1) of the Act;  
 (b) condition 2, 2A or 3 of item  4 (Category C activities) of the table in 
subsection  116AH(1) of the Act;  
 (c) condition 2, 2A or 3 of item  5 (Category D activities) of the table in 
subsection  116AH(1) of the Act.  
Note:  See also Divisions  2, 3, 4, 5 and 6  of this Part in relation to tho se conditions.  
38  Failure to restore or enabl e access to copyright material  
 (1) If a carriage service provider  fails to restore, or enable access to, the copyright 
material on its system or network as required by section 28 or 32, the carriage 
service provider  may be liable for damages or any other civil remedy in a  civil 
action taken by a user or third  party affected by the failure.  
 (2) However, the carriage service provider  is not liable for damages or any other 
civil remedy in an action taken by the owner or exclusive licensee of the 
copyright in  the copyright material because of the carriage service provider ’s 
failure to restore, or enable access to, the copyright material in accordance with 
section 28 or 32. 
39  Misrepresentations in notifications and notices  
 (1) A person who gives a notification, notice or counter -notice for the purpose s of a 
condition in subsection  116AH(1)  of the Act, must not knowingly make a 
material misrepresentation in that notification, notice or counter -notice.  
 (2) For the purposes of subsection  (1), a person  knowingly makes a material 
misrepresentation in a notification, notice or counter -notice if the person does not 
take reasonable steps to ensure the accuracy of the information and statements 
included in the notification, notice or counter -notice.  This doe s not limit the 
circumstances in which a person knowingly makes a material misrepresentation 
for the purposes of that subsection.  
 (3) A person who suffers loss or damage because of a material misrepresentation 
made knowingly in a notification, notice or c ounter -notice may bring an action 
against the person who gave the notification, notice or counter -notice.  
 (4) If the court in which the action is brought is satisfied that the person bringing the 
action suffered loss or damage because of the material misr epresentation, the 
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Divisio n 7  Civil remedies  
 
Section  39 
 
24 Copyright Regulations  2017   
OPC62131 - B court may grant the person whatever civil remedies for the loss or damage the 
court thinks fit.  
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Technological protection measures   Part 7  
   
 
Section 40 
 
 Copyright Regulations  2017  25 
OPC62131 - B Part  7—Technological protection measures  
   
40  Non-infringing a cts enabled by circumvent ion of  access control technological 
protection measu res that are not actionable —paragraphs 
116AN(9)(c) and 132APC(9)(c) of the Act  
 (1) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the 
doing of an act by a person that does not infringe copyright because of any of the 
following pro visions of the Act is prescribed:  
 (a) section  47D (reproducing computer programs to make interoperable 
products) , so far as it relates to making an article described in 
paragraph  47D(1)(b) ; 
 (b) subsection  49(6), (7) or (7B)  (reproducing and communicating works by 
libraries and archives for users);  
 (c) subsection  50(4) (reproducing and communicating works by libraries or 
archives for other libraries or archives);  
 (d) section  107 (making of a copy of the sound recording for purpose of 
broadcasting);  
 (e) section  110A (copying and communicating unpublished sound recordings 
and cinematograph films in libraries or archives);  
 (f) Division  3 (libraries and archives) of Part  IVA; 
 (g) Division  4 (educational institutions —statutory  licence ) of Part  IVA. 
 (2) For the purposes of paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act, the 
following are also prescribed:  
 (a) the making by a person of a broadcast of a published sound recording that 
does not infringe the copyright in the recording because of section  109 of 
the Act ; 
 (b) fair dealing with, or use of, copyright material other than a computer game 
by a person that is not an infringement of copyright in the material because 
of Division  2 (access by or for persons with a disabi lity) of Part  IVA of the 
Act; 
 (c) the gaining of access  by a person  to copyright material to which a 
technological protection measure has been applied if:  
 (i) the technological protection measure is not operating normally; and  
 (ii) a replacement technol ogical protection measure is not reasonably 
available ; 
 (d) the gaining of access by a person to copyright material that is protected by 
a technological protection measure that interferes with or damages a 
product in which it is installed (the host product ) or another product used 
in conjunction with the host product:  
 (i) to prevent damage, or further damage, to the host product or another 
product by the technological protection measure; or  
 (ii) to repair the host product or another product (if circumvention of the 
technological protection measure is necessary to enable the repair to 
be carried out);  
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Section  40 
 
26 Copyright Regulations  2017   
OPC62131 - B  (e) use by a person of a work (other than a computer game) or other 
subject -matter  that is not an  infringement of copyright in the work or other 
subject -matter  because of subsection  200AB(1) of the Act because the use 
is covered by subsection  200AB(3)  (use by body administering educational 
institution) of the Act . 
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Infringement notices and forfeiture of infringing articles and devices   Part 8  
Preliminary   Division 1  
 
Section 41 
 
 Copyright Regulations  2017  27 
OPC62131 - B Part  8—Infringement notices and forfeiture of infringing 
articles and devices  
Division  1—Preliminary  
41  Object of this Part  
  The object of this Part is to set up a scheme (for the purposes of sections  133B 
and section  248SA of the Act) to enable a person who is alleged to have 
committe d an offence of strict liability against Division  5 of Part  V, or 
Subdivision A or B of Division  3 of Part  XIA, of the Act to do the following as 
an alternative to being prosecuted:  
 (a) pay the Commonwealth an amount specified in an infringement notice fo r 
the alleged offence;  
 (b) for an alleged offence against a provision of Division  5 of Part  V of the Act 
(except subsections  132AQ(5), 132AR(5) and 132AS(5)), agree to forfeit 
to the Commonwealth:  
 (i) each article (if any), in the person’s possession whe n the person is 
informed how the person may avoid prosecution for the alleged 
offence , that is alleged to be an infringing copy of a work or other 
subject -matter and to have been involved in the commission of the 
offence; and  
 (ii) each device (if any), in  the person’s possession when the person is 
informed how the person may avoid prosecution for the alleged 
offence , that is alleged to have been made to be used for making an 
infringing copy of a work or other subject -matter and to have been 
involved in the  commission of the offence.  
42  Provisions subject to an infringement notice  
  Each provision of the Act listed in the following table is subject to an 
infringement notice  under this Part:  
Provisions of the Act subject to an infringement notice under this Part  
Item  Provision of Act  Summary of strict liability offence created by provision  
1 Subsection  132AD(5)  Making infringing copy commercially  
2 Subsection  132AE(5)  Selling or hiring out infringing copy  
3 Subsection  132AF(7)  Offering infringing copy for  sale or hire by way of trade  
4 Subsection  132AF(8)  Commercially offering infringing copy for sale or hire  
5 Subsection  132AG(7)  Exhibiting an infringing copy in public by way of trade  
6 Subsection  132AG(8)  Commercially exhibiting an infringing copy in public  
7 Subsection  132AH(5)  Importing infringing copy commercially  
8 Subsection  132AI(7)  Distributing infringing copy  
9 Subsection  132AJ(5)  Possessing infringing copy for commerce  
10 Subsection  132AL(8)  Making device for making infringing copy  
11 Subsection  132AO(5)  Causing recording or film to be heard or seen in public  
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Division 1   Preliminary  
 
Section  42 
 
28 Copyright Regulations  2017   
OPC62131 - B Provisions of the Act subject to an infringement notice under this Part  
Item  Provision of Act  Summary of strict liability offence created by provision  
12 Subsection  132AQ(5)  Removing or altering electronic rights management information  
13 Subsection  132AR(5)  Distributing, importing or communicating copies after removal 
or alteration of electronic rights management information  
14 Subsection  132AS(5)  Distributing or importing electronic rights management 
information  
15 Subsection  248PB(5)  Unauthorised indirect recording during protection period  
16 Subsection  248PF(5)  Copying unauthorised recording  
17 Subsection  248PG(5)  Unauthorised copying of exempt recording  
18 Subsection  248PH(5)  Unauthorised copying of authorised sound recording  
19 Subsection  248PI(5)  Selling etc. unauthorised recording  
20 Subsection  248PJ(7)  Distributing unauthorised recording  
21 Subsection  248PK(5)  Commercial possession or import of unauthorised recording  
22 Subsection  248PL(5)  Exhibiting unauthorised recording in public by way of trade  
23 Subsection  248PM(5)  Importing unauthorised recordi ng for exhibition by way of trade  
24 Subsection  248QC(5)  Copying unauthorised sound recording  
25 Subsection  248QD(5)  Selling etc. unauthorised sound recording  
26 Subsection  248QE(7)  Distributing unauthorised sound recording  
27 Subsection  248QF(5)  Commercial possession or import of unauthorised sound 
recording  
28 Subsection  248QG(5)  Exhibiting unauthorised sound recording in public by way of 
trade  
29 Subsection  248QH(5)  Importing unauthorised sound recording for exhibition by way of 
trade  
 
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Infringement notices and forfeiture of infringing articles and devices   Part 8  
Infringement notices   Division 2  
 
Section 43 
 
 Copyright Regulations  2017  29 
OPC62131 - B Division  2—Infringement notices  
43  When an infringement notice may be given  
 (1) If an infringement officer believes on reasonable grounds that a person has 
committed an offence against a provision subject to an infringement notice under 
this Part, the in fringement officer may give to the person an infringement notice 
for the alleged offence . 
 (2) However, the infringement officer may give  to the person  an infringement notice  
for the alleged offence against a provision of Division  5 of Part  V of the Act 
(except subsections  132AQ(5), 132AR(5) and 132AS(5)) only if : 
 (a) an infringement officer has informed the person as described in 
subsection  49(2) of this instrument ; and  
 (b) the person has agreed to forfeit, and has forfeited, to the Commonwealth all 
infringing articles and devices relating to the alleged offence in the 
person’s possession at the time the person was informed . 
Note 1:  Subsection  49(2) is about an infringement o fficer informing a person about the 
circumstances in which the person may avoid prosecution for an allege d offence 
against that Division if an infringement notices is issued.  
Note  2: Division  3 of this Part deals with forfeiture of infringing articles and devices relating to 
alleged offences against provisions of Division  5 of Part  V of the Act.  
 (3) The infringement notice must be given within 12 months after the day on which 
the offence is alleged to have taken place.  
 (4) A single infringement notice mus t relate only to a single offence against a single 
provision.  
44  Matters to be included in an infringement notice  
  An infringement notice must:  
 (a) be identified by a unique number; and  
 (b) state the day on which it is given; and  
 (c) state the name of  the person to whom the notice is given; and  
 (d) state the name and contact details of the person who gave the notice, and 
that the person is an infringement officer for the purposes of issuing the 
infringement notice; and  
 (e) give brief details of the a lleged offence, including:  
 (i) the provision against which the offence was allegedly committed; and  
 (ii) the maximum penalty that a court could impose if the offence were 
committed; and  
 (iii) the time (if known) and day of, and the place of, the alleged  offence; 
and 
 (f) state the amount that is payable under the notice, which must be:  
 (i) 12 penalty units where the person is an individual; or  
 (ii) 60 penalty units where the person is a body corporate; and  
 (g) give an explanation of how payment of the  amount is to be made; and  
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Division 2   Infringement notices  
 
Section  45 
 
30 Copyright Regulations  2017   
OPC62131 - B  (h) state that, if the person to whom the notice is given  pays the amount within 
28 days after the day the notice is given, then (unless the notice is 
withdrawn) the person will not be liable to be prosecuted in a court for the 
alleged offence; and  
 (i) state that payment of the amount is not an admission of guilt or liability; 
and 
 (j) state that the person may apply to the relevant chief executive to have the 
period in which to pay the amount extended; and  
 (k) state that the p erson may choose not to pay the amount and, if the person 
does so, the person may be prosecuted in a court for the alleged offence; 
and 
 (l) set out how the notice can be withdrawn; and  
 (m) state that if the notice is withdrawn the person may be prosecute d in a court 
for the alleged offence; and  
 (n) state that the person may make written representations to the relevant chief 
executive seeking the withdrawal of the notice.  
45  Extension of time to pay amount  
 (1) A person to whom an infringement notice has  been given may apply to the 
relevant chief executive for an extension of the period referred to in 
paragraph  44(h). 
 (2) If the application is made before the end of that period, the relevant chief 
executive may, in writing, extend that period. The releva nt chief executive may 
do so before or after the end of that period.  
 (3) If the relevant chief executive extends that period, a reference in this Part, or in a 
notice or other instrument under this Part, to the period referred to in 
paragraph  44(h) is tak en to be a reference to that period so extended.  
 (4) If the relevant chief executive does not extend that period, a reference in this 
Part, or in a notice or other instrument under this Part, to the period referred to in 
paragraph  44(h) is taken to be a r eference to the period that ends on the later of 
the following days:  
 (a) the day that is the last day of the period referred to in paragraph  44(h); 
 (b) the day that is 7 days after the day the person was given notice of the 
relevant chief executive’s dec ision not to extend.  
 (5) The relevant chief executive may extend the period more than once under 
subsection  (2). 
46  Withdrawal of an infringement notice  
Representations seeking withdrawal of notice  
 (1) A person to whom an infringement notice has been gi ven may make written 
representations to the relevant chief executive seeking the withdrawal of the 
notice.  
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Infringement notices   Division 2  
 
Section 47 
 
 Copyright Regulations  2017  31 
OPC62131 - B Withdrawal of notice  
 (2) The relevant chief executive may withdraw an infringement notice given to a 
person (whether or not the person has made writ ten representations seeking the 
withdrawal).  
 (3) When deciding whether or not to withdraw an infringement notice (the relevant 
infringement notice ), the relevant chief executive:  
 (a) must take into account any written representations seeking the withdraw al 
that were given by the person to the relevant chief executive; and  
 (b) may take into account the following:  
 (i) whether a court has previously imposed a penalty on the person for an 
offence against a provision subject to an infringement notice under 
this Part;  
 (ii) the circumstances of the alleged offence;  
 (iii) whether the person has paid an amount, stated in an earlier 
infringement notice, for an offence against a provision subject to an 
infringement notice under this Part if the offence is constituted by 
conduct that is the same, or substantially the same, as the conduct 
alleged to constitute the offence in the relevant infringement notice;  
 (iv) any other matter the relevant chief executive considers relevant.  
Notice of withdrawal  
 (4) Notice of the withdrawal of the infringement notice must be given to the person. 
The withdrawal notice must state:  
 (a) the person’s name and address; and  
 (b) the day the infringement notice was given; and  
 (c) the identifying number of the infringement notic e; and  
 (d) that the infringement notice is withdrawn; and  
 (e) that the person may be prosecuted in a court for the alleged offence.  
Refund of amount if infringement notice withdrawn  
 (5) If: 
 (a) the relevant chief executive withdraws the infringement no tice; and  
 (b) the person has already paid the amount stated in the notice;  
the Commonwealth must refund to the person an amount equal to the amount 
paid.  
47  Effect of payment of amount  
 (1) If the person to whom an infringement notice for an alleged offe nce against a 
provision is given pays the amount stated in the notice before the end of the 
period referred to in paragraph  44(h): 
 (a) any liability of the person for the alleged offence is discharged; and  
 (b) the person may not be prosecuted in a court for the alleged offence; and  
 (c) the person is not regarded as having admitted guilt or liability for the 
alleged offence; and  
 (d) the person is not regarded as having been convicted of the alleged offence.  
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Part 8   Infringement notices and forfeiture of infringing articles and devices  
Division 2   Infringement notices  
 
Section  48 
 
32 Copyright Regulations  2017   
OPC62131 - B  (2) Subsection  (1) does not apply if the notic e has been withdrawn.  
48  Effect of this Part  
  This Part does not:  
 (a) require an infringement notice to be given to a person for an alleged 
offence against a provision subject to an infringement notice under this 
Part; or  
 (b) affect the liability of a person for an alleged offence against a provision 
subject to an infringement notice under this Part if:  
 (i) the person does not comply with an infringement notice given to the 
person for the offence; or  
 (ii) an infringement notice is not given to the person for the offence; or  
 (iii) an infringement notice is given to the person for the offence and is 
subsequently withdrawn; or  
 (c) prevent the giving of 2 or more infringement notices to a person for an 
alleged offence against a provision subject to an  infringement notice under 
this Part; or  
 (d) limit a court’s discretion to determine the amount of a penalty to be 
imposed on a person who is found to have committed an offence against a 
provision subject to an infringement notice under this Part.  
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Infringement notices and forfeiture of infringing articles and devices   Part 8  
Forfeit ure of infringing articles and devices   Division 3  
 
Section 49 
 
 Copyright Regulations  2017  33 
OPC62131 - B Divisio n 3—Forfeiture of infringing articles and devices  
49  Forfeiture of infringing articles and devices  
 (1) This section applies if:  
 (a) an infringement officer believes on reasonable grounds that a person has 
committed an offence of strict liability against  a provision of Division  5 of 
Part V of the Act (except subsections  132AQ(5), 132AR(5) and 132AS(5)); 
and 
 (b) the person possesses an infringing article or an infringing device relating to 
the alleged offence.  
 (2) The infringement officer may inform the person (either orally or by written 
notice) that the person may avoid prosecution for the alleged offence if:  
 (a) the person agrees to forfeit, and does forfeit, to the Commonwealth all 
infringing articles and devices that the person possesses in relation  to the 
alleged offence; and  
 (b) the person pays the amount specified in an infringement notice for the 
alleged offence in accordance with Division  2; and  
 (c) the infringement notice for the alleged offence is not withdrawn.  
 (3) If the person agrees to forfeit to the Commonwealth all infringing articles and 
devices that the person possesses  (when informed under subsection  (2)) in 
relation to the alleged offence, the authorised officer:  
 (a) may take possession of the infringing articles and devices; and  
 (b) must give the person a receipt for the infringing articles and devices taken 
into possession.  
 (4) If the person pays the amount specified in an infringement notice given to the 
person under Division  2 for the alleged offence, the relevant chief execu tive must 
cause all infringing articles and devices in relation to the alleged offence that the 
person agreed to forfeit, and did forfeit, to the Commonwealth to be destroyed.  
Note:  An infringement notice relating to an offence against a provision of Divis ion 5 of 
Part V of the Act (except subsections  132AQ(5), 132AR(5) and 132AS(5)) may not be 
given if the recipient does not agree to forfeit to the Commonwealth all infringing 
articles and devices in the person’s possession at that time in relation to the a lleged 
offence —see subsection  43(2). 
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Part 9   Seizure of imported copies of copyright material  
   
 
Section  50 
 
34 Copyright Regulations  2017   
OPC62131 - B Part  9—Seizure of imported copies of copyright material  
   
50  Definition of action period  in section  134B of the Act  
  For the purposes of the definition of action period  in section  134B of the Act, the 
period is 10 working days  (as defined in that section) . 
51  Definition of claim period  in section  134B of the Act  
  For the purposes of the definition of claim period  in section  134B of the Act, the 
period is 10 working days  (as defined in that section) . 
52  Information to be given to Comptroller -General of Customs about objection 
to importation of copies of works etc. —paragraph  135(8)(c)  of the Act  
 (1) For the purposes of paragraph  135(8)(c) of the Act, the Comptroller -General of 
Customs may direct a person who notifies the Comptroller -General under 
subsection  135(2) of the Act to give the Comptroller -General information and 
evidence about the following:  
 (a) the subsistence of copyright in the material;  
 (b) the ownership of the copyright;  
 (c) if the person  who notifies the Comptroller General does so through an 
agent —the agent’s authority to give the notice for the person . 
 (2) The person must comply with the direction.  
53  Seizure of copies of works etc.  imported into certain external Territories —
subsectio n 135(9) of the Act  
Application of this section  
 (1) For the purposes of subsection  135(9) of the Act, this section applies in relation 
to the importation into any of the following Territories, from a place other than 
Australia, of copies of copyright material:  
 (a) Norfolk Island;  
 (b) the Territory of Christmas Island;  
 (c) the Territory of Cocos (Keeling) Islands.  
Note:  For this purpose , Australia  includes the external Territories , as it does under section  10 
of the Act . 
Laws that apply in relation t o importation  
 (2) The following provisions (the applied provisions ) apply, with the modifications 
described in subsection  (3), in relation to the importation:  
 (a) Division  7 of Part  V of the Act, except:  
 (i) the definition of Comptroller -General of Cust oms in section  134B; 
and 
 (ii) subsection s 135(1) , (2), (3), (6), (6A) , (8) and (9);  
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Seizure of imported copies of copyright material   Part 9  
   
 
Section 54 
 
 Copyright Regulations  2017  35 
OPC62131 - B  (b) sections  50, 51 and 54 of this instrument . 
Modifications of applied provisions  
 (3) The applied provisions apply in relation to the importation into the Territory as 
if: 
 (a) a reference in the applied provisions to Australia were a reference to the 
Territory; and  
 (b) a reference in the applied provisions to a notice under subsection  135(2) 
(however described) or a notice given under section  135 were a reference 
to a notice given under subsection  135(2) of the Act applying apart from 
this section; and  
 (c) a reference in the applied provisions to the Comptroller -General of 
Customs had the same meaning as it has in the Customs Act 1901  as it 
applies in the Territory bec ause of an Ordinance of the Territory; and  
 (d) a reference  (however expressed)  in subsection  135(5) or 
paragraph  135(7)(b) of the Act to revocation or declaration of 
ineffectiveness of a notice under subsection  135(2) of the Act were a 
reference to such a revocation or declaration under subsection  135(6) or 
(6A) of the Act applying apart from this section; and  
 (e) a reference in paragraph  135(7)(d) of the Act to the Customs Act 1901  were 
a reference to the Customs Act 1901  as it applies in the Territory because o f 
an Ordinance of the Territory ; and  
 (f) a reference in subsection  135AJ (1) or (3) to copies covered by a notice 
under section  135 were a reference to copies of copyright material that 
were imported into the Territory and  could be or were seized on the basis 
of the notice.  
Note 1:  These modifications mean only one notice objecting to importation need be given as a 
basis for seiz ing copies imported into any of the Territories or any other part of 
Australia. Likewise, a sing le revocation or declaration of ineffectiveness of the notice 
stops  seizure of imports of copies to which the notice related into any of the Territories 
or any other part of Australia.  
Note 2 : The Norfolk Island Customs Ordinance 2016  applies the Customs A ct 1901  in Norfolk 
Island and treats  a reference in that Act (as so applying) to the Comptroller -General of 
Customs as having the same meaning as it has in that Act as it applies of its own force.  
Note 3 : The Customs Ordinance 1993  of each of the Territory  of Christmas Island and the 
Territory of Cocos (Keeling) Islands applies the Customs Act 1901  in the Territory and 
treats a reference in that Act (as so applying) to the Comptroller -General of Customs as 
a reference to the Comptroller of the Indian Ocean Territories Customs Service 
appointed under that Ordinance.  
54  Claim for release of seized copies —section  135AEA of the Act  
  For the purposes of paragraph  135AEA(3)(b) of the Act, the following 
information  is prescribed : 
 (a) the importer ’s full name, home or business address and address for service;  
 (b) a telephone number for the importer;  
 (c) the grounds for seeking the release of the seized copies;  
 (d) if the importer ’s home or business address is not in Australia:  
 (i) the full name and the home or business address of a person who is the 
importer ’s agent in Australia; and  
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Section  54 
 
36 Copyright Regulations  2017   
OPC62131 - B  (ii) an address for service for the person who is the importer ’s agent in 
Australia; and  
 (iii) a telephone number for the person; and  
 (iv) information showing that the person agreed to be the importer ’s agent;  
 (e) if a person or body other than the agent made arrangements on the 
importer ’s behalf for the seized copies to be brought to Australia:  
 (i) the full name, home or business address and address for service of the 
person  or body; and  
 (ii) a telephone number for the person or body.  
Note:  Examples of grounds for  the purposes of  paragraph  (c) are:  
(a) that the copies are not infringing copies; and  
(b) that the importation of the copies did not infringe copyright.  
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Retransmission of free -to-air broadcasts   Part 10  
   
 
Section 55 
 
 Copyright Regulations  2017  37 
OPC62131 - B Part  10—Retransmission of free -to-air broadcasts  
   
55  Identity cards —subsection  135ZZQ(1) of the Act  
  For the purposes of subsection  135ZZQ(1) of the Act, the prescribed form of an 
identity card is a form that includes : 
 (a) the following information:  
 (i) the name of the collecting society;  
 (ii) the name and title of the person to whom the identity card is issued;  
 (iii) the name and title of the person who issued the identity card;  
 (iv) the date on which the identity card is issued;  
 (v) the date on which th e identity card will expire  (no later than 3 years 
after the day on which the identity card is issued) ; and  
 (b) a statement  that the identity card  has been issued under section  135ZZQ of 
the Act; and  
 (c) the signature of the person to whom the identity c ard is issued.  
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Part 11   Copyright Tribunal  
Division 1   Preliminary  
 
Section  56 
 
38 Copyright Regulations  2017   
OPC62131 - B Part  11—Copyright Tribunal  
Division  1—Preliminary  
56  Authority  
  This Part has effect for the purposes of section  166 of the Act, except as 
indicated in this Part.  
57  Organizations treated like persons  
  This Part, and the other provisions  of this instrument so far as they relate to this 
Part, apply to an organization (as defined in subsection  136(1) of the Act) in the 
same way as they apply to a person.  
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Section 58 
 
 Copyright Regulations  2017  39 
OPC62131 - B Division  2—General provisions  
58  Seal of Tribunal  
 (1) The Tribunal is to have a seal.  
 (2) The President is to determine the design of the seal.  
 (3) The seal must be attached to:  
 (a) a document of a kind directed by the President; and  
 (b) any other document as ordered by the Tribunal.  
Note:  The President may give directions under section  147 of the Act.  
 (4) The seal may be attached to a document by hand, by electronic means or in any 
other way.  
59  Filing  of documents  
 (1) A document is not filed until it is accepted for filing by the Registrar.  
Refusing to accept document for fil ing 
 (2) The Registrar may refuse to accept a document for filing if it does not comply 
with any provisions of this Part relevant to the document.  
 (3) The Registrar must refuse to  accept a document for filing if:  
 (a) it is not substantially complete; or  
 (b) it does not substantially comply with this instrument; or  
 (c) it is not properly signed; or  
 (d) the Tribunal has directed that the document not be accepted; or  
 (e) the Tribunal has directed that the document not be accepted without the 
leave of the  Tribunal, and leave has not been obtained.  
 (4) If the Registrar refuses to accept a document for filing , the Registrar must give 
the person who lodged or sent the document written notice of the refusal and 
written reasons for the refusal.  
Recording day o f filing  
 (5) The Registrar must record the day on which a document is filed.  
60  Address for service  
 (1) A person who files with the Registrar a document instituting, or relating to, a 
Tribunal proceeding must specify in the document an address for servi ce for the 
person, unless the person has filed another document connected with the 
proceeding specifying that address.  
 (2) The person may later file with the Registrar a written notice, relating to the 
Tribunal proceeding, that:  
 (a) specifies a new addre ss for service for the person; and  
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Section  61 
 
40 Copyright Regulations  2017   
OPC62131 - B  (b) is signed by or on behalf of the person.  
 (3) The person must give  every  other party to the Tribunal proceeding  a copy of the 
notice  within 7 days  after filing the notice . 
61  Tribunal may direct alternative means of service or dispense with service  
  The Tribunal may make an order relating to a document this Part requires or 
permits to be served:  
 (a) directing that the document be served by means other than a means 
permitted  by Part  6 of the Acts Interpretation Act 1901  or section  9 of the 
Electronic Transactions Act 1999 ; or 
 (b) dispensing with service of the document.  
62  Notification of orders of Tribunal and of reasons  
Written reasons for orders  
 (1) When making an order , the Tribunal must state in writing its reasons for making 
the order.  
Giving  and inspection of orders  
 (2) The Registrar must cause a copy of the document recording the order and of the 
reasons of the Tribunal:  
 (a) to be given to  every party to the appli cation or reference the order relates 
to; and  
 (b) to be available at each office of the Registrar for public inspection when 
that office is open for business.  
Exceptions for interim and ancillary orders  
 (3) Subsections  (1) and (2) do not apply to an orde r under section  61, an interim 
order or an order that is made in respect of an application that is ancillary to 
another Tribunal proceeding.  
President may direct Registrar to publish order  
 (4) The President may direct the Registrar to  publish on the Tribu nal’s website  
details  of any order of the Tribunal.  
Exception for suspended order  
 (5) Subsections  (2) and (4) do not apply to an order whose operation is suspended 
pending a reference of a question of law to the Federal Court of Australia.  
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Section 63 
 
 Copyright Regulations  2017  41 
OPC62131 - B Division  3—Applications and references to the Tribunal  
Subdivision A —General provisions about applications and references to 
the Tribunal  
63  Form, content and filing of application or reference to the Tribunal  
 (1) An application or reference to the Tribunal must:  
 (a) be in writing; and  
 (b) state the name of the person making the application or reference; and  
 (c) state the general nature of the application or reference and specify the 
provision of the Act or of this instrument under which the application or 
reference is made; and  
 (d) subject to subsection  (2), include such other matters as are required by this 
instrument to be included in an application or reference made under that 
provision; and  
 (e) be signed by or on behalf of the person making the applic ation or 
reference; and  
 (f) be filed with the Registrar.  
Note:  Subdivision B requires particular matters to be set out in applications and references 
made under particular provisions.  
 (2) Matte rs required by this instrument to be included in the applicat ion or reference 
may be omitted if the President gives leave for the omission.  
 (3) When granting leave, the President may direct  other matte rs to be included in the 
application or reference instead of the omitted matte rs. Those other matte rs must 
be inclu ded in the application or reference . 
64  Giving  application or reference to other parties  
 (1) A person making an application or reference to the Tribunal must , within 7 days 
after filing the application or reference with the Registrar, give each other par ty 
to the application or reference : 
 (a) a sealed copy of the application or reference; and  
 (b) written notice that the other party is a party to the application or reference.  
 (2) Subsection  (1) does not apply to a party that became a party to the applic ation or 
reference after it was filed.  
65  Advertising of applications and references  
 (1) A person making an application or reference to the Tribunal must , within 10 days 
after filing it with the Registrar,  advertise  it in: 
 (a) a newspaper circulating throughout Australia ; or 
 (b) the Gazette.  
 (2) The advertisement  must:  
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Section  66 
 
42 Copyright Regulations  2017   
OPC62131 - B  (a) specify the date on which the application or reference was made and the 
relevant file number; and  
 (b) state the name, and the address for service, of the person; and  
 (c) state t he general nature of the application or reference; and  
 (d) specify the provision of the Act or of this instrument under which the 
application or reference is made.  
 (3) The President may direct that a  particular  application or reference:  
 (a) need not be advertised; or  
 (b) may be advertised in a way other than that required by subsection  (1). 
 (4) The direction has effect despite subsection  (1). 
 (5) Subsection  (1) does not apply to  an application made under a provision described 
in column 1 of the following table : 
Applications that need not be advertised  
 Column 1  
Provision  Column 2  
Subject of application  
1 Subsection  47(3) of the Act  Determining equitable remuneration  
2 Paragraph  59(3)(b) of the Act  Apportioning royalty  
3 Subsection  70(3) of the Act  Determining equitable remuneration  
4 Subsection  107(3) of the Act  Determining equitable remuneration  
5 Paragraph  108(1)(a) of the Act  Determining equitable remuneration  
6 Paragraph 113P(4)(b) of the Act  Determining question relating to copying or 
communicating by educational institution  
7 Paragraph 113R(2)(b) of the Act  Determining equitable remuneration  
8 Paragraph 113S(4)(b) of the Act  Determining question relating to entry onto premises 
of educational institution  
9 Subsection  135ZZM(1) of the Act  Determining equitable remuneration  
10 Subsection  135ZZN(3) of the Act  Determining retransmitter’s record system  
11 Section  99 of this instrument  Being made party to Tribunal proceeding  
12 Section  100 of this instrument  Order relating to Tribunal  proceeding  
66  Hearing of application or reference  
 (1) The President must fix a time and place for the hearing of an application or 
reference to the Tribunal, except:  
 (a) an application covered by section  99; or 
 (b) an application or reference in respect of which the Tribunal decides not to 
have a hearing.  
Note:  An application covered by section  99 (to be made a party to a Tribunal proceeding) is 
to be dealt with at the preliminary hearing or hearing of the proceeding.  
 (2) The Registrar must give notice of the time and place fixed to:  
 (a) the parties to the application or reference; and  
 (b) the persons (if any) who have applied to the Tribunal to be made parties to 
the application or reference and whose applications to be made parties have 
not al ready been determined.  
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Section 67 
 
 Copyright Regulations  2017  43 
OPC62131 - B Subdivision B —Provisions about particular kinds of applications and 
references to the Tribunal  
67  Matters to be included in application under subsection  47(3) of the Act  
  An application to the Tribunal under subsection  47(3) of the  Act (to determine 
equitable remuneration for the making of a sound recording, or cinematograph 
film, used for broadcasting a literary, dramatic or musical work or an adaptation 
of such a work):  
 (a) must set out the circumstances or events giving rise to the application and, 
in particular, must:  
 (i) identify the work or adaptation; and  
 (ii) identify the sound recording or cinematograph film; and  
 (iii) state whether the applicant is the owner of the copyright in the work 
or the maker of the recording or film; and  
 (iv) if the applicant is the owner of the copyright —state the name of the 
maker of the recording or film; and  
 (v) if the applicant is the maker of the recording or film —state the name 
of the owner of the copyright; and  
 (b) must request the Tri bunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the making of the recording 
or film.  
68  Matters to be included in application under paragraph  59(3)(b) of the Act  
  An application to the Tribunal under paragra ph 59(3)(b) of the Act (for 
apportioning the royalty for making a record comprising the performance of a 
musical work involving the singing or speaking of words from a literary or 
dramatic work between the owner of copyright in the musical work and the 
owner of copyright in the literary or dramatic work):  
 (a) must set out the circumstances or events giving rise to the application and, 
in particular, must:  
 (i) identify the musical work and the literary or dramatic work; and  
 (ii) identify the record; and  
 (iii) state whether the applicant is the owner of the copyright in the 
musical work or the owner of the copyright in the literary or dramatic 
work; and  
 (iv) if the applicant is the owner of the copyright in the musical work —
state the name of the owner of the copyright in the literary or dramatic 
work; and  
 (v) if the applicant is the owner of the copyright in the literary or dramatic 
work —state the name of the owner of the copyright in the musical 
work; and  
 (b) must request the Tribunal to determine the m anner in which the royalty 
payable by the maker of the record in respect of the musical work and the 
literary or dramatic work is to be apportioned between the owners of the 
copyrights in those works.  
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Section  69 
 
44 Copyright Regulations  2017   
OPC62131 - B 69  Matters to be included in application under subsect ion 70(3) of the Act  
  An application to the Tribunal under subsection  70(3) of the Act (to determine 
equitable remuneration for the making of a cinematograph film of an artistic 
work for including the work in a television broadcast):  
 (a) must set out the circumstances or events giving rise to the application and, 
in particular, must:  
 (i) identify the artistic work; and  
 (ii) identify the cinematograph film; and  
 (iii) state whether the applicant is the owner of the copyright in the work 
or the maker of the film; and  
 (iv) if the applicant is the owner of the copyright —state the name of the 
maker of the film; and  
 (v) if the applicant is the maker of the film —state the name of the owner 
of the copyright; and  
 (b) must request the Tribunal t o determine the amount that is equitable 
remuneration to the owner of the copyright for the making of the film.  
70  Matters to be included in application under subsection  107(3) of the Act  
  An application to the Tribunal under subsection  107(3) of the Act  (to determine 
equitable remuneration for making a copy of a sound recording for 
broadcasting):  
 (a) must set out the circumstances or events giving rise to the application and, 
in particular, must:  
 (i) identify the sound recording; and  
 (ii) identify the  copy; and  
 (iii) state whether the applicant is the owner of the copyright in the 
recording or the maker of the copy; and  
 (iv) if the applicant is the owner of the copyright —state the name of the 
maker of the copy; and  
 (v) if the applicant is the maker of the copy —state the name of the owner 
of the copyright; and  
 (b) must request the Tribunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the making of the copy.  
71  Matters to be included in application under pa ragraph  108(1)(a) of the Act  
  An application to the Tribunal under paragraph  108(1)(a) of the Act (to 
determine equitable remuneration for causing a published sound recording to be 
heard in public):  
 (a) must set out the circumstances or events giving ris e to the application and, 
in particular, must:  
 (i) identify the sound recording; and  
 (ii) state whether the applicant is the owner of the copyright in the 
recording or the person causing the recording to be heard in public; 
and 
 (iii) if the applicant is  the owner of the copyright —state the name of the 
person causing the recording to be heard in public; and  
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Section 72 
 
 Copyright Regulations  2017  45 
OPC62131 - B  (iv) if the applicant is the person causing the recording to be heard in 
public —state the name of the owner of the copyright; and  
 (b) must request t he Tribunal to determine the amount that is equitable 
remuneration to the owner of the copyright for the causing of the recording 
to be heard in public.  
72  Matters to be included in application under paragraph  113P(4)(b) of the Act  
  An application to the  Tribunal under paragraph  113P(4)(b) of the Act (to 
determine a question relating to copying or communicating  by a body 
administering an educational institution) must:  
 (a) set out the circumstances or events giving rise to the application; and  
 (b) state whether the applicant is the body or a works  collecting society  or 
broadcasts collecting society ; and  
 (c) if the applicant is the body:  
 (i) identify the nature of education provided by the institution or the 
nature of the material provided by the institu tion for the purpose of 
helping other educational institutions in their teaching purposes; and  
 (ii) state the name of the collecting society; and  
 (d) if the applicant is a collecting society:  
 (i) give details  of the notice relating to it under subsectio n 113V(5) of the 
Act; and  
 (ii) state the name of the body; and  
 (e) state the question; and  
 (f) request the Tribunal to determine the question.  
73  Application under paragraph  113R(2)(b) of the Act  
Matters to be included in application  
 (1) An application under paragraph  113R(2)(b) of the Act (to determine the amount 
of the equitable remuneration that the body administering an educational 
institution undertakes to pay a collecting society for licensed copying or 
communicating) must:  
 (a) set out  the circumstances or events giving rise to the application; and  
 (b) state whether the applicant is the body administering the institution or the 
collecting society; and  
 (c) if the applicant is the body:  
 (i) identify the nature of education provided by the institution or the 
nature of the material provided by the institution for the purpose of 
helping other educational institutions in their teaching purposes; and  
 (ii) state the name of the collecting society; and  
 (d) if the applicant is the collecting society:  
 (i) give details  of the notice relating to it under subsection  113V(5) of the 
Act; and  
 (ii) state the name of the body; and  
 (e) request the Tribunal to determine the amount.  
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Section  74 
 
46 Copyright Regulations  2017   
OPC62131 - B Matters for Tribunal to consider in determining equitable remuneration  
 (2) The following matters are prescribed for the purposes of column 3 of item  2 of 
the table in subsection  153A(4) of the Act (as matters the Tribunal must have 
regard to in determining the amount of the equitable remuneration the body 
administering an e ducational institution undertakes to pay for licensed copying 
or communicating involving the whole or part of a work or broadcast):  
 (a) the nature of:  
 (i) the work; or  
 (ii) any work, sound recording or cinematograph film included in the 
broadcast;  
 (b) the nature of the institution;  
 (c) the need to ensure adequate incentive for the production of educational 
works, educational sound recordings and educational cinematograph films 
in Australia;  
 (d) the purpose and character of the copying or communication ; 
 (e) the effect of the copying or communication on the market for, or value of, 
the material copied or communicated;  
 (f) the special circumstances of persons undertaking correspondence courses 
or external study courses provided by the institution, inclu ding any 
difficulties faced by those persons in:  
 (i) engaging in a fair dealing covered by section  40 or 103C of the Act; 
or 
 (ii) making a request and declaration to which section  49 of the Act 
applies;  
 (g) any unremunerated contribution by the institution to the creation of the 
material copied or included in the broadcast.  
Note:  Item 2 of the table in subsection  153A(4) of the Act is about dealing with an 
application under paragraph  113R(2)(b) of the Act.  
74  Matters to be included in applicatio n under paragraph  113S(4)(b) of the Act  
  An application under paragraph  113S(4)(b) of the Act (to determine a question 
relating to entry of a person authorised by a collecting society onto premises of 
an educational institution) must:  
 (a) set out the circumstances or events giving rise to the application; and  
 (b) state whether the applicant is the body administering the institution or the 
collecting society; and  
 (c) if the applicant is the body:  
 (i) identify the nature of education provided by the i nstitution or the 
nature of the material provided by the institution for the purpose of 
helping other educational institutions in their teaching purposes; and  
 (ii) state the name of the collecting society; and  
 (d) if the applicant is the collecting socie ty: 
 (i) give details  of the notice relating to it under subsection  113V(5) of the 
Act; and  
 (ii) state the name of the body; and  
 (e) state the question; and  
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Section 75 
 
 Copyright Regulations  2017  47 
OPC62131 - B  (f) request the Tribunal to determine the question.  
75  Matters to be included in references und er paragraph  113V(2)(c) of the Act  
  A reference to the Tribunal under paragraph  113V(2)(c) of the Act (of an 
application by a body to be declared as a collecting society) must:  
 (a) state the name of the body; and  
 (b) set out  the circumstances or events giving rise to the reference; and  
 (c) state that the body has applied to be declared whichever of the following 
applies:  
 (i) the works collecting society for all eligible rights holders;  
 (ii) the works collecting society for classes of eligible rights h olders 
specified in the application;  
 (iii) the broadcasts collecting society; and  
 (d) if there is another body at present declared to be whichever one of 
subparagraphs  (c)(i), (ii) and (iii) applies —state the name of the other 
body; and  
 (e) request the Tribunal to determine the application by declaring the body to 
be a collecting society under section  113V of the Act or by rejecting the 
application.  
76  Matters to be included in references under paragraph  113X(2)(b) of the Act  
  A reference to the Tribun al under paragraph  113X(2)(b) of the Act (of the 
question whether the declaration of a body as a collecting society should be 
revoked) must:  
 (a) state the name of the collecting society; and  
 (b) state the provision of the Act under which the declaration was made; and  
 (c) state the kind of copyright material and persons for which the body was 
declared to be a collecting society; and  
 (d) give details  of the notifiable instrument by which the Minister gave notice 
of the declaration; and  
 (e) state each matter described in a paragraph of subsection  113X(1) of the Act  
of which the Minister is satisfied and why ; and  
 (f) request the Tribunal to determine the question whether the declaration of 
the body as the collecting society should be revoked.  
77  Matter s to be included in applications under subsection  113ZB(1) of the Act  
  An application to the Tribunal under subsection  113ZB(1) of the Act (to review a 
collecting society’s actual or proposed arrangement for distributing amounts it 
collects) must:  
 (a) state whether the applicant is the collecting society or a member of the 
collecting society; and  
 (b) state whether the application is for review of the arrangement adopted, or 
for review of an arrangement proposed to be adopted, by the collecting 
society fo r distributing amounts it collects in a period; and  
 (c) set out  the circumstances or events giving rise to the application; and  
 (d) give details  of the arrangement; and  
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Section  78 
 
48 Copyright Regulations  2017   
OPC62131 - B  (e) request the Tribunal to determine the application by making an order 
confirming the arrangement, varying the arrangement or substituting for 
the arrangement another arrangement; and  
 (f) if variation of the arrangement is requested —give details  of the variation; 
and 
 (g) if substitution for the arrangement of another arrangement is so ught—give 
details  of the other arrangement.  
78  Matters to be included in application under subsection  135ZZM(1) of the Act  
  An application to the Tribunal under subsection  135ZZM(1) of the Act (to 
determine equitable remuneration payable under a remuneration notice given to a 
collecting society by or on behalf of a retransmitter for one or more 
retransmissions of free -to-air broadcasts) must:  
 (a) set out the circumstances o r events giving rise to the application; and  
 (b) state whether the applicant is the retransmitter or the collecting society; and  
 (c) if the applicant is the retransmitter —state the name of the collecting 
society; and  
 (d) if the applicant is the collecti ng society:  
 (i) give details  of the declaration of the society under section  135ZZT of 
the Act; and  
 (ii) state the name of the retransmitter; and  
 (e) identify the retransmission or retransmissions; and  
 (f) identify the classes of works, sound recording s or cinematograph films that 
are included in the retransmission or retransmissions; and  
 (g) request the Tribunal to determine an amount that is equitable remuneration 
for the making of the retransmission or retransmissions while the 
remuneration notice i s in force, so far as that equitable remuneration relates 
to the identified classes of works, sound recordings or cinematograph 
films.  
79  Matters to be included in application under subsection  135ZZN(3) of the Act  
  An application to the Tribunal under su bsection  135ZZN(3) of the Act (for 
determining a record system, to be established and maintained by a retransmitter 
that gave a collecting society a remuneration notice, for records of titles of 
programs included in retransmissions) must:  
 (a) set out the circumstances or events giving rise to the application; and  
 (b) state whether the applicant is the retransmitter or the collecting society; and  
 (c) if the applicant is the retransmitter —state the name of the collecting 
society; and  
 (d) if the applicant is the collecting society:  
 (i) give details  of the declaration of the society under section  135ZZT of 
the Act; and  
 (ii) state the name of the retransmitter; and  
 (e) identify the retransmissions; and  
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Section 80 
 
 Copyright Regulations  2017  49 
OPC62131 - B  (f) request the Tribunal to determine the record syst em that must be 
established and maintained by the retransmitter under 
subsection  135ZZN(1) of the Act.  
80  Matters to be included in references under paragraph  135ZZT(1A)(c) of the 
Act 
  A reference to the Tribunal under paragraph  135ZZT(1A)(c) of the Act (of an 
application by a body to be declared as a collecting society) must:  
 (a) state the name of the body; and  
 (b) set out  the circumstances or events giving rise to the reference; and  
 (c) state that the body has applied to be declared as a collecting s ociety under 
section  135ZZT of the Act; and  
 (d) state whether the declaration sought is as a collecting society for all 
relevant copyright owners or for classes of relevant copyright owners; and  
 (e) if there is another body at present declared in relatio n to those copyright 
owners as a collecting society under section  135ZZT of the Act —state the 
name of the other body; and  
 (f) request the Tribunal to determine the application by declaring the body to 
be a collecting society under section  135ZZT of the Ac t or by rejecting the 
application.  
81  Matters to be included in references under paragraph  135ZZU(2)(b) of the 
Act 
  A reference to the Tribunal under paragraph  135ZZU(2)(b) of the Act (of the 
question whether the declaration of a body as a collecting soc iety should be 
revoked) must:  
 (a) state the name of the collecting society; and  
 (b) state the provision of the Act under which the declaration was made; and  
 (c) state the relevant copyright owners or the classes of relevant copyright 
owners for which th e collecting society is declared; and  
 (d) give details  of the declaration of the society under section  135ZZT of the 
Act; and  
 (e) state each matter described in a paragraph of subsection  135ZZU(1) of the 
Act of which the Minister is satisfied and why; an d 
 (f) request the Tribunal to determine the question whether the declaration of 
the body as the collecting society should be revoked.  
82  Matters to be included in application under subsection  135ZZWA (1) of the 
Act 
  An application to the Tribunal under subsection  135ZZWA(1) of the Act (to 
review a collecting society’s actual or proposed arrangement for distributing 
amounts it collects) must:  
 (a) state whether the applicant is the collecting society or a member of the 
collecting society; and  
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Section  83 
 
50 Copyright Regulations  2017   
OPC62131 - B  (b) state whether the application is for review of the arrangement adopted, or 
for review of an arrangement proposed to be adopted, by the collecting 
society for distributing amounts it collects in a period; and  
 (c) set out  the circumstances or events giving rise t o the application; and  
 (d) give details  of the arrangement; and  
 (e) request the Tribunal to determine the application by making an order 
confirming the arrangement, varying the arrangement or substituting for 
the arrangement another arrangement; and  
 (f) if variation of the arrangement is requested —give details  of the variation; 
and 
 (g) if substitution for the arrangement of another arrangement is sought —give 
details  of the other arrangement.  
83  Matters to be included in application under subsection  135ZZZS(1) of the 
Act 
  An application to the Tribunal under subsection  135ZZZS(1) of the Act (to 
review a collecting society’s actual or proposed arrangement for distributing 
amounts it collects) must:  
 (a) state whether the applicant is the collecting socie ty or a member of the 
collecting society; and  
 (b) state whether the application is for review of the arrangement adopted, or 
for review of an arrangement proposed to be adopted, by the collecting 
society for distributing amounts it collects in a period; a nd 
 (c) set out  the circumstances or events giving rise to the application; and  
 (d) give details  of the arrangement; and  
 (e) request the Tribunal to determine the application by making an order 
confirming the arrangement, varying the arrangement or subst ituting for 
the arrangement another arrangement; and  
 (f) if variation of the arrangement is requested —give details  of the variation; 
and 
 (g) if substitution for the arrangement of another arrangement is sought —give 
details  of the other arrangement.  
84  Matters to be included in application under subsection  152(2) of the Act  
  An application to the Tribunal under subsection  152(2) of the Act (for an order 
about determining the amount payable by a broadcaster to the owners of 
copyrights in published sound r ecordings for broadcasting those recordings in a 
period) must:  
 (a) state whether the applicant is the broadcaster or the owner of a copyright in 
a published sound recording; and  
 (b) if the applicant is the owner of such a copyright —state the name of the 
broadcaster; and  
 (c) specify the period; and  
 (d) request the Tribunal to make an order determining, or making provision for 
determining, the amount payable by the broadcaster to the owners of 
copyrights in published sound recordings in respect of the bro adcasting 
during that period of those recordings by that broadcaster.  
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 Copyright Regulations  2017  51 
OPC62131 - B 85  Matters to be included in application under subsection  152(12) of the Act  
  An application to the Tribunal under subsection  152(12) of the Act (for 
amendment of an order under subsec tion 152(6) of the Act to specify the 
applicant as one of the persons among whom the amount determined in 
accordance with the order is to be divided) must:  
 (a) specify the order; and  
 (b) request the Tribunal to amend the order so as to specify the applic ant as 
one of the persons among whom the amount specified in, or determined in 
accordance with, the order is to be divided.  
86  Matters to be included in application under subsection  153F(1) of the Act  
  An application to the Tribunal under subsection  153F(1) of the Act (for a 
declaration that a company be a collecting society for the purposes of Division  2 
of Part  VII 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 whet her the applicant seeks a declaration for all government copies or 
a class of government copies; and  
 (c) if another company is declared as a collecting society under section  153F 
of the Act for the government copies for which the applicant seeks a 
declara tion—state the name of that company; and  
 (d) request the Tribunal to determine the application by declaring the applicant 
to be a collecting society for the purposes of  Division  2 of Part  VII of the 
Act or by rejecting the application.  
87  Matters to be i ncluded in application under subsection  153G(1) of the Act  
  An application to the Tribunal under subsection  153G(1) of the Act (for 
revocation of a declaration under section  153F that a company be a collecting 
society for the purposes of Division  2 of Par t VII of the Act) must:  
 (a) if the applicant is not the collecting society —state the name of the 
collecting society; and  
 (b) state that the company is declared to be a collecting society under 
section  153F of the Act; and  
 (c) give details  of the notice published in the Gazette about the declaration of 
the collecting society; and  
 (d) state the grounds in subsection  153G(5) of the Act that will be relied on in 
the case; and  
 (e) request the Tribunal to revoke the declaration of the company as a 
collecting society.  
88  Matters to be included in application under subsection  153K(1) of the Act  
  An application to the Tribunal under subsection  153K(1) of the Act (for 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 a 
government in a period):  
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52 Copyright Regulations  2017   
OPC62131 - B  (a) must set out the circumstances or events giving rise to the application and, 
in particular, must:  
 (i) identify the copyright material relevant to the application; and  
 (ii) state the period for which the 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  
 (iv) state that subsection  183(5) of  the Act does not apply to the 
government copies made in the period because a company is the 
relevant collecting society for the purposes of Division  2 of Part  VII 
of the Act for the copies, and the society has not ceased operating as 
that collecting socie ty; 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) must request the Tribunal to make an order determining the method for 
working out remuneration payable under sub section  183A(2) of the Act for 
government copies made for the services of the government in the 
particular period.  
89  Matters to be included in reference under section  154 of the Act  
 (1) A reference of a licence scheme to the Tribunal by a licensor under  section  154 
of the Act must:  
 (a) state that the licensor proposes to bring the scheme into operation; and  
 (b) state whether the scheme relates to:  
 (i) licences in respect of literary, dramatic or musical works; or  
 (ii) licences in respect of sound recordings; or  
 (iii) licences both in respect of literary, dramatic or musical works and in 
respect of sound recordings; and  
 (c) state whether the licensor:  
 (i) is the owner or prospective owner of the copyright in the works or 
recordings; or  
 (ii) is acting as agent for the owners or prospective owners in relation to 
the negotiation or granting of such licences; and  
 (d) request the Tribunal to make such order, confirming or varying the scheme 
or substituting for the scheme another scheme proposed by on e of the 
parties, as the Tribunal considers reasonable in the circumstances.  
 (2) The reference must include a copy of the licence scheme.  
90  Reference of existing licence scheme under section  155 of the Act  
 (1) A reference of a licence scheme to the Tri bunal under section  155 of the Act 
must:  
 (a) state whether the person referring the scheme is:  
 (i) the licensor operating the scheme; or  
 (ii) an organization claiming to be representative of persons requiring 
licences in cases included in a class of cas es to which the scheme 
applies; or  
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 Copyright Regulations  2017  53 
OPC62131 - B  (iii) a person claiming that he or she requires a licence in a case included 
in a class of cases to which the scheme applies; and  
 (b) specify the class of cases to which the reference relates; and  
 (c) state the name of  the other party to the dispute that gave rise to the 
reference; and  
 (d) set out details  of the matter in dispute; and  
 (e) request the Tribunal to make such order, confirming or varying the scheme 
or substituting for the scheme another scheme proposed by  one of the 
parties, so far as it relates to the class of cases to which the reference 
relates, as the Tribunal considers reasonable in the circumstances.  
 (2) If the reference is made by an organization claiming to be representative of 
persons requiring l icences, the Tribunal must, before determining the question 
whether the organization is reasonably representative of the class of persons that 
it claims to represent, give each of the following an opportunity to present a case 
in relation to that question:  
 (a) every other party to the reference;  
 (b) every person who has applied to be made a party to the reference and 
whose application has not been determined.  
91  Reference under section  156 of the Act  
 (1) A reference to the Tribunal under section  156 of the Act of a licence scheme 
reflecting an order of the Tribunal under section  154 or 155 of the Act so far as it 
relates to cases in a class must:  
 (a) specify:  
 (i) the date when the Tribunal last made an order with respect to the 
scheme that applies to t he class; and  
 (ii) the relevant file number for the Tribunal proceedings in which that 
order was made; and  
 (b) specify the class; and  
 (c) state whether the person referring the scheme is:  
 (i) the licensor operating the scheme;  or 
 (ii) an organization claiming to be representative of persons requiring 
licences in cases included in the class; or  
 (iii) a person claiming that he or she requires a licence in a case included 
in the class; and  
 (d) if the reference arises from a dispute:  
 (i) state the name of the other party to the dispute; and  
 (ii) set out details  of the matter in dispute; and  
 (e) if leave of the Tribunal is required for the making of the reference:  
 (i) if that leave has already been granted —specify the date when the 
Tribunal granted the  leave and the relevant file number; and  
 (ii) in any other case —state the grounds on which leave is sought for the 
making of the reference and request the Tribunal to grant leave for the 
making of the reference; and  
 (f) request the Tribunal to make an or der about the scheme as previously 
confirmed, varied or substituted, by confirming or varying the scheme or 
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Section  92 
 
54 Copyright Regulations  2017   
OPC62131 - B substituting for the scheme another scheme proposed by one of the parties, 
as the Tribunal considers reasonable in the circumstances.  
Note:  Section  92 deals with applications for leave.  
 (2) If the reference is made by an organization claiming to be representative of 
persons requiring licences, the Tribunal must, before determining the question 
whether the organization is reasonably representative of the class of persons that 
it claims to represent, give each of the following an opportunity to present a case 
in relation to that question:  
 (a) every other party to the reference;  
 (b) every person who has applied to be made a party to the reference and 
whose application has not been determined.  
92  Application for leave under subsection  156(2) of the Act to refer licence 
scheme to the Tribunal  
 (1) This section applies if a  person:  
 (a) wants  the leave of the Tribunal under subsection  156(2) of the Act to  refer 
to the Tribunal under subsection  156(1) of the Act a licence scheme 
reflecting an order of the Tribunal under section  154 or 155 of the Act so 
far as it relates to cases in a class; and  
 (b) wants the leave granted before the preliminary hearing or the hearing of the 
reference.  
 (2) The person must make an application to the Tribunal that : 
 (a) describe s the general nature of the scheme as previously confirmed, varied 
or substituted by the Tribunal; and  
 (b) specifies  the class of cases in relation t o which the applicant wishes to refer 
the scheme to the Tribunal; and  
 (c) specifies : 
 (i) the date when the Tribunal last made an order with respect to the 
scheme in relation to that class of cases; and  
 (ii) the relevant file number; and  
 (d) if the prop osed reference arises from a dispute:  
 (i) states the name of the other party to the dispute; and  
 (ii) sets out details  of the matter in dispute; and  
 (e) states the grounds on which leave is sought for the making of the reference; 
and 
 (f) request s the Tribunal to grant leave to the applicant to refer the scheme to 
the Tribunal in so far as it relates to that class of cases.  
 (3) The parties to the application are:  
 (a) the applicant; and  
 (b) if the application is not made by the licensor operating  the scheme —that 
licensor; and  
 (c) such other persons (if any) as apply to the Tribunal to be made parties to 
the application and are made parties to the application under subsection  (4). 
 (4) The Tribunal may make a person party to the application if the  person:  
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OPC62131 - B  (a) applies to the Tribunal to be made a party to the application; and  
 (b) appears to the Tribunal to have a substantial interest in the operation of the 
scheme so far as it relates to the class of cases specified in the application.  
 (5) The Tr ibunal must:  
 (a) consider the application; and  
 (b) give the parties to the application an opportunity to present their cases; and  
 (c) make such order, either granting or refusing the application, as the Tribunal 
thinks fit.  
93  Application under subsect ion 157(1) of the Act  
 (1) An application to the Tribunal under subsection  157(1) of the Act (relating to the 
refusal or failure of a licensor operating a licence scheme to grant, or procure the 
grant, to the applicant of a licence in accordance with the s cheme):  
 (a) must set out the circumstances or events giving rise to the application and, 
in particular, must:  
 (i) specify the case in which a licence is required by the applicant; and  
 (ii) specify the licence scheme; and  
 (iii) state the name of the lic ensor; and  
 (iv) specify the date or approximate date on which the applicant requested 
the licensor to grant, or procure the grant, of a licence in accordance 
with the scheme; and  
 (b) must request the Tribunal to make:  
 (i) an order stating the charges an d the conditions that the Tribunal 
considers apply under the scheme for the applicant; or  
 (ii) an order that the applicant be granted a licence in the terms proposed 
by the applicant, the licensor or another party to the application.  
 (2) The licensor is a party to the application.  
94  Application under subsection  157(2) of the Act  
 (1) An application to the Tribunal under subsection  157(2) of the Act (relating to a 
claim that the grant of a licence in accordance with a licence scheme in a case in 
which the applicant requires a licence would be subject to charges or conditions 
that are not reasonable in the circumstances of the case):  
 (a) must set out the circumstances or events giving rise to the application and, 
in particular, must:  
 (i) specify the ca se; and  
 (ii) specify the licence scheme; and  
 (iii) state the name of the licensor operating the scheme; and  
 (iv) specify the charges or conditions that the applicant claims are not 
reasonable; and  
 (b) must request the Tribunal to make:  
 (i) an order st ating the charges and the conditions that the Tribunal 
considers reasonable in the circumstances for the applicant; or  
 (ii) an order that the applicant be granted a licence in the terms proposed 
by the applicant, the licensor or another party to the appli cation.  
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Section  95 
 
56 Copyright Regulations  2017   
OPC62131 - B  (2) The licensor is a party to the application.  
95  Application under subsection  157(3) of the Act  
 (1) This section applies to an application to the Tribunal under subsection  157(3) of 
the Act relating to a claim that the applicant requires a lic ence in a case to which 
a licensing scheme does not apply and that a licensor:  
 (a) has unreasonably refused or failed to grant, or procure the grant, of the 
licence; or  
 (b) proposes that the licence should be granted subject to the payment of 
charges, or  to conditions, that are unreasonable.  
 (2) The application must set out the circumstances or events giving rise to the 
application and, in particular, must:  
 (a) specify the case; and  
 (b) state the name of the licensor; and  
 (c) in the case of a refusal or failure to grant, or procure the grant of, the 
licence —specify the date or approximate date on which the applicant 
requested the licensor to grant, or procure the grant of, the licence; and  
 (d) in the case of a proposal of unreasonable charges or condi tions —specify 
those charges or conditions.  
 (3) The application must request the Tribunal to make:  
 (a) an order that the applicant be granted a licence in the terms proposed by the 
applicant, the licensor or another party to the application; or  
 (b) an or der stating the charges and the conditions that the Tribunal considers 
reasonable in the circumstances for the applicant.  
 (4) The licensor is a party to the application.  
96  Applications under subsection  157(4) of the Act  
 (1) This section applies to an a pplication to the Tribunal under subsection  157(4) of 
the Act by an organization that claims:  
 (a) that it is representative of persons requiring licences in cases to which a 
licence scheme does not apply; and  
 (b) that a licensor:  
 (a) has unreasonably refused or failed to grant, or procure the grant, of 
the licences; or  
 (b) proposes that the licences should be granted subject to the payment of 
charges, or to conditions, that are unreasonable.  
 (2) The application must set out the circumstances or event s giving rise to the 
application and, in particular, must:  
 (a) specify the cases in which the licences are required; and  
 (b) state the name of the licensor; and  
 (c) in the case of a refusal or failure to grant, or procure the grant of, the 
licences —specify the dates or approximate dates on which the licensor was 
requested to grant, or procure the grant of, the licences; and  
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Section 97 
 
 Copyright Regulations  2017  57 
OPC62131 - B  (d) in the case of a proposal of unreasonable charges or conditions —specify 
those charges or conditions.  
 (3) The application must request the Tribunal to make:  
 (a) an order that a licence be granted, in the terms proposed by the applicant, 
the licensor or another party to the application, to each person who:  
 (i) is specified in the order (whether by reference to a class or otherwis e); 
and 
 (ii) was represented by the applicant or was a party to the application; or  
 (b) an order stating the charges (if any) and the conditions that the Tribunal 
considers reasonable in the circumstances for the persons represented by 
the applicant.  
 (4) The licensor is a party to the application.  
97  Application under subsection  183(5) of the Act  
 (1) This section applies to an application to the Tribunal to fix terms under 
subsection  183(5) of the Act for the doing, by the Commonwealth, a State or a 
person authorised by the Commonwealth or a State, of an act that:  
 (a) is comprised in copyright; and  
 (b) does not infringe copyright because of subsection  183(1) of the Act.  
 (2) The application must set out the circumstances or events giving rise to the 
application and, in particular, must:  
 (a) identify the work or other subject -matter to which the application relates; 
and 
 (b) identify the act; and  
 (c) state whether the applicant is:  
 (i) the owner or exclusive licensee of the copyright in the work or o ther 
subject -matter; or  
 (ii) the Commonwealth; or  
 (iii) a State; and  
 (d) if the applicant is the owner or exclusive licensee of the copyright:  
 (i) state whether the act was or is to be done by the Commonwealth, a 
State or a person authorised by the Com monwealth or a State; and  
 (ii) if the act was or is to be done by a State or a person authorised by a 
State —identify the State; and  
 (e) if the applicant is the Commonwealth or a State —state the name of the 
owner or exclusive licensee of the copyright.  
Note:  Subsection  183(9) of the Act modifies subsection  183(5) of the Act to apply to the 
exclusive licensee (if there is one) of the copyright instead of the owner of the 
copyright.  
 (3) The application must request the Tribunal to fix terms as between the  owner or 
exclusive licensee of the copyright and the Commonwealth or the State for the 
doing of any of the acts comprised in the copyright under subsection  183(1) of 
the Act.  
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Section  98 
 
58 Copyright Regulations  2017   
OPC62131 - B 98  Matters to be included in applications under subsection  183F(1) of the Act  
  An application to the Tribunal under subsection  183F(1) of the Act (to review an 
actual or proposed arrangement for distributing amounts collected by a collecting 
society for use of copyright material by the Crown) must:  
 (a) state whether the applicant i s the collecting society or a member of the 
collecting society; and  
 (b) state whether the application is for review of the arrangement adopted, or 
for review of an arrangement proposed to be adopted, by the collecting 
society for distributing amounts it c ollects in a period; and  
 (c) set out  the circumstances or events giving rise to the application; and  
 (d) give details  of the arrangement; and  
 (e) request the Tribunal to determine the application by making an order 
confirming the arrangement, varying th e arrangement or substituting for 
the arrangement another arrangement; and  
 (f) if variation of the arrangement is requested —give details  of the variation; 
and 
 (g) if substitution for the arrangement of another arrangement is sought —give 
details  of the other arrangement.  
Subdivision C —Applications ancillary to Tribunal proceedings  
99  Application to be made a party to a Tribunal proceeding  
 (1) An application to the Tribunal by a person seeking to be made a party to a 
Tribunal proceeding must:  
 (a) state the date when the Tribunal proceeding was started and the relevant 
file number for the proceeding; and  
 (b) state the interest of the person:  
 (i) if the Tribunal proceeding is a reference under section  113V, 135ZZT 
or 135ZZZO, or an application u nder section  153F, of the Act —in the 
question whether the applicant should be declared to be a collecting 
society; and  
 (ii) if the Tribunal proceeding is a reference under section  113X, 135ZZU 
or 135ZZZP, or an application under section  153G, of the Act —in the 
question whether the declaration of the collecting society should be 
revoked; and  
 (iii) if the Tribunal proceeding is an application under section  113ZB, 
135ZZWA, 135ZZZS or 183F of the Act —in the arrangement; and  
 (iv) if the Tribunal proceeding is  an application under section  152 of the 
Act—in the matter applied for; and  
 (v) if the Tribunal proceeding is a reference under section  154 of the 
Act—in the operation of the scheme that is referred; and  
 (vi) if the Tribunal proceeding is a reference und er section  155 or 156, or 
an application under section  157, of the Act —in the matter in dispute; 
and 
 (vii) if the Tribunal proceeding is an application for leave of the Tribunal 
under subsection  156(2) of the Act to refer a licence scheme to the 
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Section 100 
 
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OPC62131 - B Tribunal —in the operation of the scheme so far as it relates to the 
class of cases specified in the application; and  
 (viii)  if the Tribunal proceeding is a reference or application under 
Subdivision H of Division  3 of Part  VI of the Act and the person is the 
Australian Competition and Consumer Commission —in the matter 
that is referred or applied for; and  
 (c) request the Tribunal to make the person a party to the Tribunal proceeding.  
 (2) The application must be dealt with at the preliminary hearing (if any) o r the 
hearing of the Tribunal proceeding.  
 (3) The Tribunal must give each of the following an opportunity to make a 
present ation on whether the applicant should be made a party to the Tribunal 
proceeding : 
 (a) the applicant;  
 (b) every party to the Tribun al proceeding;  
 (c) every other person who has applied to be made a party to the Tribunal 
proceeding and whose application has not been determined.  
100  Application for order about matter related to Tribunal proceeding  
 (1) A party to a Tribunal proceeding  (except an application to be made a party to 
another Tribunal proceeding) may apply to the Tribunal requesting the Tribunal 
to make an order with respect to any matter relating to the proceeding.  
 (2) The application must:  
 (a) state the date when the Tri bunal proceeding was started and the relevant 
file number for the proceeding; and  
 (b) set out the circumstances or events giving rise to the application.  
101  Consenting to order about matter related to Tribunal proceeding  
 (1) If an application is made u nder subsection  100(1) for an order with respect to any 
matter relating to a Tribunal proceeding, a party to the proceeding may consent 
to the making of the order.  
 (2) The consent may be endorsed on the application or set out in a separate 
document filed with the Registrar.  
 (3) If the consent is set out in a separate document that is not filed with the 
application, the party must give the applicant  a copy of the document within 7 
days after the document is filed.  
102  When notice or copy of application un der section  100 need not be given  
 (1) A party that has consented to the making of an order applied for under 
section  100 need not be given : 
 (a) notice of the application; or  
 (b) a copy of the application.  
 (2) If the President or the Tribunal gives leave, a person who has not consented to 
the making of an order applied for under section  100 need not be given : 
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Section  103 
 
60 Copyright Regulations  2017   
OPC62131 - B  (a) notice of the application; or  
 (b) a copy of the application.  
103  Dealing with application under section  100 
 (1) The Tribunal must consi der an application made under section  100 and may 
make such order in relation to the application as the Tribunal considers 
reasonable in the circumstances.  
 (2) However, the Tribunal:  
 (a) must not refuse the application in whole or in part without giving the 
applicant an opportunity to present a case; and  
 (b) must not grant the application in whole or in part without giving each party 
that lodged an objection to the application an opportunity to present a case.  
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Section 104 
 
 Copyright Regulations  2017  61 
OPC62131 - B Division  4—Ancillary matters  
Subdivision A —General  
104  Consolidating applications and references  
 (1) If 2 or more applications or references are pending before the Tribunal, the 
Tribunal may, on its own initiative or on the application of a party to any of 
them:  
 (a) direct that some or all of th em be considered together; and  
 (b) give such consequential directions as the Tribunal considers necessary.  
Note:  This allows consideration together of 2 or more applications, 2 or more references or a 
combination of one or more applications and one or mor e references.  
Consulting parties before consolidating  
 (2) Before giving a direction under this section, the Tribunal must give each party to 
each application or reference concerned an opportunity to present a case.  
105  Directions as to procedure  
Directio ns for Tribunal proceedings  that have not started to be heard  
 (1) If the Tribunal has not started hearing a Tribunal proceeding , the President may:  
 (a) give directions; or  
 (b) authorise a member of the Tribunal to give directions;  
as to the procedure to  be followed in connection with the hearing before the 
Tribunal of the proceeding . 
 (2) A direction or authorisation by the President under subsection  (1) may:  
 (a) be of general application; or  
 (b) relate to the hearing of:  
 (i) one or more particular proceedings ; or 
 (ii) proceedings  included in a particular class of proceedings . 
Directions for Tribunal proceedings  that have started to be heard  
 (3) If the Tribunal has started hearing a Tribunal proceeding : 
 (a) the member of the Tribunal presiding; or  
 (b) any other member of the Tribunal authorised by the member presiding;  
may give directions as to the procedure to be followed in connection with the 
hearing  before the Tribunal  of the proceeding  and of any related Tribunal 
proceeding (whether or not the Tribunal has started to hear  the related 
proceeding) . 
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Section  106 
 
62 Copyright Regulations  2017   
OPC62131 - B Variation and revocation of directions given under this section  
 (4) A direction or authorisation given under this section may be varied or revoked at 
any time by a member of the Tribunal who may give the direction or 
authorisation under this section.  
106  Request as to constitution of Tribunal  
 (1) A request under subsection  146(3) of the Act by a party to an application or 
reference that the Tribunal be constituted by more than one member for the 
purposes of that application or reference must:  
 (a) be in writing addressed to the Registrar; and  
 (b) specify the day on which the application or reference was filed with the 
Registrar and the relevant file number; and  
 (c) state the name of the party making  the request; and  
 (d) be signed by or on behalf of that party; and  
 (e) be filed with the Registrar before the Tribunal begins to consider the 
application or reference.  
 (2) The party making the request must give every other party to the application or 
reference a sealed copy of the request within 7 days after filing the request.  
107  Withdrawal of application or reference  
Leave for withdrawal  
 (1) A person who has made an application or reference to the Tribunal may, with the 
leave of the Tribunal, withdr aw the application or reference at any time before 
the Tribunal has determined it.  
Note:  Subsections  154(6) and 155(7) of the Act allow withdrawal of certain references 
without the leave of the Tribunal.  
 (2) The leave of the Tribunal may be granted uncond itionally or subject to such 
conditions as the Tribunal thinks reasonable.  
Method of withdrawal  
 (3) Withdrawal of an application or reference  to the Tribunal  must be made by:  
 (a) filing with the Registrar a notice in writing:  
 (i) addressed to the Regist rar; and  
 (ii) specifying the day on which the application or reference was made 
and the relevant file number; and  
 (iii) stating that the person who made the application or reference 
withdraws it; and  
 (iv) signed by or on behalf of that person; and  
 (b) giving every other party to the application or reference  a sealed copy of the 
notice.  
This applies whether the withdrawal is made with the leave of the Tribunal or 
under subsection  154(6) or 155(7) of the Act (applying of its own force or 
because of subsection  156(5)) of the Act.  
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Section 108 
 
 Copyright Regulations  2017  63 
OPC62131 - B 108  Amendment of documents  
 (1) The Tribunal may grant leave to a party to a Tribunal proceeding to amend a 
document the party previously filed with the Registrar in connection with the 
proceeding.  
 (2) The leave may be gran ted unconditionally or subject to such conditions as the 
Tribunal thinks reasonable.  
 (3) If the leave is granted, the party must file with the Registrar a statement of the 
amendments.  
 (4) The amendments are taken to be made when the statement is filed.  
 (5) The party must give every other party to the Tribunal proceeding a sealed copy 
of the statement within 7 days after filing the statement.  
Subdivision B —References of questions of law to Federal Court of 
Australia  
109  Request for reference of question of law to Federal Court of Australia  
Form and content of request  
 (1) A request to the Tribunal for the reference of a question of law in a Tribunal 
proceeding to the Federal Court of Australia under subsection  161(1) of the Act 
must:  
 (a) be in writing ad dressed to the Registrar; and  
 (b) state the name of the party making the request; and  
 (c) specify the question of law; and  
 (d) be signed by or on behalf of the party making the request; and  
 (e) be filed with the Registrar.  
Notice of request  
 (2) The pa rty making the request must give every other party to the Tribunal 
proceeding a sealed copy of the request , and a notice of the party’ s right under 
subsection  (3): 
 (a) in any case —within 7 days after filing the request with the Registrar; and  
 (b) if the hearing of the proceeding to which the request relates has not 
commenced or has been adjourned —not later than the day fixed for the 
commencement of the hearing or to which the hearing has been adjourned.  
Presenting case to the Tribunal relating to request  
 (3) A party to the proceeding may present a case in writing to the Tribunal in 
relation to the request within 21 days after:  
 (a) if the party made the request —filing the request with the Registrar; or  
 (b) if the party was given a sealed copy of the requ est—being given that copy . 
 (4) The Tribunal may give to each party to the Tribunal proceeding an opportunity to 
present a case orally to the Tribunal in relation to the request.  
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Part 11   Copyright Tribunal  
Division 4   Ancillary matters  
 
Section  110 
 
64 Copyright Regulations  2017   
OPC62131 - B Notice of decision on request  
 (5) The Registrar must give notice of the Tribunal’s decision on the request to:  
 (a) the party that made the request; and  
 (b) each other party that:  
 (i) presented a case to the Tribunal in relation to the request; or  
 (ii) notified the Tribunal that the party wished to be informed of the 
decisi on. 
110  Fixing new date for hearing if party requests reference of question of law to 
Federal Court of Australia  
 (1) This section applies if:  
 (a) a party to a Tribunal proceeding requests the Tribunal to refer a question of 
law to the Federal Court of A ustralia under subsection  161(1) of the Act; 
and 
 (b) a day has been fixed for a hearing (whether or not a further hearing) of the 
proceeding that is less than 28 days after the filing of the request.  
 (2) The President must fix a new day for the hearing o f that Tribunal proceeding that 
is more than 28 days after the filing of the request.  
 (3) The Registrar must give the parties to the Tribunal proceeding  notice of the new 
day. 
111  Adjournment of Tribunal proceeding pending decision of Federal Court of 
Australia  
  If: 
 (a) under subsection  161(1) of the Act the Tribunal refers a question of law 
arising in a Tribunal proceeding for determination by the Federal Court of 
Australia; and  
 (b) the Tribunal has not given its decision in the proceeding;  
the Tribun al must adjourn its hearing of the proceeding until the question has 
been heard and determined by the Federal Court of Australia.  
112  Tribunal proceeding after determination of question of law by Federal 
Court  of Australia  
 (1) If a question of law arisin g in a Tribunal proceeding has been referred to the 
Federal Court of Australia under section  161 of the Act, and determined by the 
Court, any party to the proceeding before the Court may file with the Registrar 
an office copy of the Court’s order.  
 (2) Whe n the copy has been filed, the President must fix a time and place for the 
resumption of the hearing of the Tribunal proceeding, unless:  
 (a) the question of law was referred to the Federal Court of Australia after the 
Tribunal had given its decision in th e Tribunal proceeding; and  
 (b) that decision is consistent with the determination of the Court.  
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Copyright Tribunal   Part 11  
Ancillary matters   Division 4  
 
Section 113 
 
 Copyright Regulations  2017  65 
OPC62131 - B  (3) The Registrar must  give the parties to the Tribunal proceeding  notice of the time 
and place fixed.  
113  Prescribed period for purposes of subsection  161(2 ) of the Act  
  For the purposes of subsection  161(2) of the Act, the prescribed period (for 
requesting a reference of a question of law to the Federal Court of Australia after 
the Tribunal gave its decision in a Tribunal proceeding) is 28 days from the dat e 
on which the Tribunal gave its decision.  
114  Prescribed period for purposes of subsection  161(3) of the Act  
  For the purposes of subsection  161(3) of the Act, the prescribed period (for 
applying to the Federal Court of Australia for an order that the T ribunal refer to 
the Court a question of law that the Tribunal has refused to refer after giving its 
decision in a Tribunal proceeding) is 28 days from the date on which the 
Tribunal refuses the request for a reference.  
115  Suspension of orders of Tribunal pending reference of question of law to 
Federal Court  of Australia  
 (1) If, after the Tribunal has given its decision in a Tribunal proceeding, the Tribunal 
refers to the Federal Court of Australia a question of law that arose in the 
Tribunal proceeding, the Tribunal may suspend the operation of any order it 
made in the Tribunal proceeding.  
 (2) The Registrar must:  
 (a) give every party to the Tribunal proceeding written notice of the 
suspension; and  
 (b) if details  of the  order have been published under a direction given under 
subsection  62(4)—publish details  of the suspension in a manner specified 
by the President.  
116  Modified operation of Part  VI of the Act in relation to suspended Tribunal 
orders  
  While  an order of t he Tribunal is suspended:  
 (a) paragraph  154(6)(a), and subsections  155(8) and (10), of the Act operate  as 
if the order  had not been made; and  
 (b) paragraph  154(6)(b) of the Act operates as if the order had not been 
suspended; and  
 (c) section  159 of the Act does not operate in relation to the order.  
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Part 11   Copyright Tribunal  
Division 5   Miscellaneous  
 
Section  117 
 
66 Copyright Regulations  2017   
OPC62131 - B Division  5—Miscellaneous  
117  Parties to Tribunal proceeding are also parties to ancillary application 
connected with Tribunal proceeding  
  If, under a provision of the Act or this instrument, a person is a party to a 
Tribunal proceeding, the person is, for the purposes of this instrument, also a 
party to any ancillary application that is made under this instrument and is 
connected with the Tribunal proceeding.  
118  Extension of time  
 (1) The Tribunal or the President may extend the time prescribed or allowed by or 
under this Part for doing any act by such period or periods as the Tribunal or the 
President thinks fit.  
Note:  Some examples of time prescribed for doing an act are time for filing a document with 
the Registrar and time for giving a person a document.  
 (2) The extension may be subject to such conditions as the Tribunal or the President 
thinks fit.  
 (3) The extension may be given before or after the end of the time concerned.  
119  Fees for copies  
 (1) This section applies if, at the request of a person, the Registrar, or a member of 
the staff assisting the Tribunal, makes a copy of all or part of a document that:  
 (a) is filed or lodged with the Tribunal in connection with an application or 
reference t o the Tribunal; or  
 (b) sets out the reasons for an order made by the Tribunal.  
 (2) A fee is payable by the person, consisting of:  
 (a) $0.80 for the first page of the document copied; and  
 (b) $0.20 for each extra page of the document copied.  
 (3) Subsec tion (2) does not apply if the person made the request in the performance 
of his or her duties as a member of the Tribunal, the Registrar or a member of the 
staff assisting the Tribunal.  
120  Payment of witnesses’ fees and expenses  
 (1) This section applies if a person (the witness ) attends, in accordance with a 
summons, or at the request of a party to a Tribunal proceeding or of the Tribunal, 
for either or both  of the following purposes:  
 (a) to give evidence in a Tribunal proceeding;  
 (b) to produce documents or articles in a Tribunal proceeding.  
 (2) The person on whose behalf the witness is summoned or at whose request the 
witness attends must pay the witness fees and expenses.  
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Copyright Tribunal   Part 11  
Miscell aneous   Division 5  
 
Section 121 
 
 Copyright Regulations  2017  67 
OPC62131 - B  (3) However, if the witness is summoned or attends at the  request of the Tribunal, 
the Commonwealth must pay the witness fees and expenses.  
121  Summons  
Form of summons to witness  
 (1) A summons to a witness under subsection  167(2) of the Act must be in the form 
in Part 1 of Schedule  3. 
Form of summons to produc e documents or articles  
 (2) A summons to produce specified documents or articles under subsection  167(3) 
of the Act must be in the form in Part 2 of Schedule  3. 
Service of summons  
 (3) A summons under subsection  167(2) or (3) of the Ac t must be served on a person 
by delivering a copy of the summons to the person personally.  
122  Power to exempt from procedural requirements  
 (1) Subject to the Act, the Tribunal may, in special circumstances, exempt a person 
from compliance with any procedural requirements o f this Part relating to a 
Tribunal proceeding.  
 (2) The exemption may be subject to conditions.  
123  Effect of non -compliance with this Part  
 (1) Subject to the Act, non -compliance with this Part does not make void a Tribunal 
proceeding or an order of the Tribunal.  
 (2) However, the Tribunal may do any of the following to the Tribunal proceeding 
or order in such manner and upon such terms as the Tribunal thinks fit:  
 (a) set it aside wholly or in part as irregular;  
 (b) amend it;  
 (c) otherwise deal with it . 
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Part 12   The Crown  
   
 
Section  124 
 
68 Copyright Regulations  2017   
OPC62131 - B Part  12—The Crown  
   
124  Information on  use of copyright material for services of the Crown —
subsection  183(4) of the Act  
 (1) For the purposes of subsection  183(4) of the Act, the owner of a copyright must  
be informed of the doing of any act comprised in the copyright by a notice given 
in accordance with this section. 
Giving the  notice  
 (2) The notice is to be given to the owner or owner’s agent.  
 (3) The notice is to be given in Australia if the person giv ing the notice knows a way 
of contacting the owner or owner’s agent in Australia.  
 (4) However, the notice is to be given by publishing the notice in the Gazette  if the 
person giving the notice for the Commonwealth or the State does not know a 
way of conta cting either the owner or the owner’s agent . 
Content of the notice  
 (5) The notice must : 
 (a) be given in the name of the Commonwealth or the State, as appropriate ; 
and 
 (b) set out : 
 (i) the International Standard Book Number (if any) in respect of the 
work or other subject -matter concerned if that number can be 
ascertained from that work or other subject -matter; and  
 (ii) if such a number cannot be so ascertained, or if such a number  does 
not enable the work or other subject -matter concerned to be 
ident ified—the title  (if any ) of that work or other subject -matter and, 
if that title does not  enable the work or subject -matter to be identified, 
a description of the work or subject -matter that enable s it to be 
identified;  and 
 (c) specify the act to which th e notice relates;  and 
 (d) state whether the act has been done by the Commonwealth or the State or 
by a person authori sed by the Commonwealth or the State;  and 
 (e) if the act has been done by a person authori sed by the Commonwealth or 
the State —state the name of that person; and  
 (f) state that the purpose of the notice is to inform the owner under 
subsection  183(4) of the Act of the doing of the act.  
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Extension or restriction on operation of Act   Part 13  
   
 
Section 125 
 
 Copyright Regulations  2017  69 
OPC62131 - B Part  13—Extension or restriction on operation of Act 
   
125  International organi zations to which the Act applies —subsection  186(1) of 
the Act  
  For the purposes of subsection  186(1) of the Act, t he organi zations specified in 
the following table are declared to be international organi zations to which the 
Act applies.  
International organizations to which the Ac t applies  
Item  Organization  
1 Food and Agriculture Organization of the United Nations  
2 International Bank for Reconstruction and Development  
3 International Centre for Settlement of Investment Disputes  
4 International Civil Aviation Organization  
5 International Development Association  
6 International Finance Corporation  
7 International Fund for Agricultural Development  
8 International Labour Organization  
9 International Maritime Organization  
10 International Monetary Fund  
11 International Telecommunication Union  
12 Multilateral Investment Guarantee Agency  
13 Organization of American States  
14 United Nations  
15 United Nations Educational, Scientific and Cultural Organization  
16 United Nations Industrial Development Organization  
17 Universal Postal Union  
18 World Health Organization  
19 World Intellectual Property Organization  
20 World Meteorological Organization  
21 World Tourism Organization  
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Part 14   Moral rights  
   
 
Section  126 
 
70 Copyright Regulations  2017   
OPC62131 - B Part  14—Moral rights  
   
126  Other information and particulars for notices under section  195AT  of the 
Act 
Notice relating to artistic work affixed to or forming part of building  
 (1) For the purposes of paragraph  195AT(2A)(c) of the Act, the following 
information and particulars are prescribed for inclusion in a notice to an author , 
or a person (the author’s representative ) representing the author,  relating  to an 
artistic work affixed to or forming  part of a building:  
 (a) the date of the notice;  
 (b) the name  (if any) and address of the building;  
 (c) a brief description of the wor k and its location in or on the building;  
 (d) the name and address of the owner of the building;  
 (e) the owner ’s contact details during business hours, including work 
telephone number and email address  (if available);  
 (f) the name of the person who can provide the author or author ’s 
representative with access to the work and that person ’s contact details;  
 (g) the business hours during which the autho r or author ’s representative  may 
reasonably have access to the work;  
 (h) in relation to a change in the building (other than by relocation, demolition 
or destruction), a brief description of the change and the extent  (if any) to 
which the work is likely to be affected;  
 (i) in relation to the relocation of the building, a brief description of the place 
and f orm of the relocation, and the extent to which the work is likely to be 
affected.  
Notice relating to building or plans or instructions for construction  
 (2) For the purposes of paragraph  195AT(3A)(c) of the Act, the following 
information and particulars ar e prescribed for inclusion in a notice to an author , 
or a person (the author’s representative ) representing the author,  relati ng to a 
building or any plans or instructions used in the construction of the building or a 
part of the building:  
 (a) the date of  the notice;  
 (b) the name  (if any) and address of the building;  
 (c) the name and address of the owner of the building;  
 (d) the owner ’s contact details during business hours, including work 
telephone number  and email address  (if available);  
 (e) the name  of the person who can provide the author or author ’s 
representative with access to the building and that person ’s contact details;  
 (f) the business hours during which the author or author ’s representative may 
reasonably have access to the building;  
 (g) in relation to a change in the building (other than by relocation, demolition 
or destruction), a brief description of the change and the extent  (if any) to 
which the building is likely to be affected;  
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Moral rights   Part 14  
   
 
Section 126 
 
 Copyright Regulations  2017  71 
OPC62131 - B  (h) in relation to the relocation of the building, a b rief description of the place 
and form of the relocation and the extent to which the building is likely to 
be affected.  
Notice relating to moveable artistic work  
 (3) For the purposes of paragraph  195AT(4B)(c) of the Act, the following 
information and part iculars are prescribed for inclusion in a notice to an author , 
or a person (the author’s representative ) representing the author,  relating  to the 
removal or relocation of a moveable artistic work situated at a place that is 
accessible to the public:  
 (a) the date of the notice;  
 (b) a brief description of the moveable artistic work;  
 (c) the address of the place , or description of the location, at which the 
moveable artistic work may be accessed;  
 (d) the name and address of the remover of the moveable artistic work;  
 (e) the remover ’s contact details during business hours, including work 
telephone number  and email address  (if available);  
 (f) if necessary, the name of the person who can provide the author  or author ’s 
representative  with access to the mo veable artistic work , and that person ’s 
contact details;  
 (g) if necessary, the business hours during which the author  or author ’s 
representative  may reasonably have access to the moveable artistic work;  
 (h) if the moveable artistic work is to be permanen tly removed or relocated, 
the address or description of the new location or storage location  (if not 
open to the public) of the moveable artistic work;  
 (i) if the removal or relocation of the moveable artistic work will result in a 
change of ownership in the work, the name and address of the new owner.  
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Part 15   Miscellaneous  
   
 
Section  127 
 
72 Copyright Regulations  2017   
OPC62131 - B Part  15—Miscellaneous  
   
127  Period for keeping declarations relating to copying in library or archives —
subparagraph  203A(1)(b)(iii) and paragraph  203G(b) of the Act  
  For the purposes of subparagraph  203A(1)(b)(iii) and paragraph  203G(b) of the 
Act, the period for keeping the declaration is 4 years after the making of the 
reproduction to which the declaration relates.  
Authorised Version F2017L01649 registered 18/12/2017   
Transitional matters   Part 16  
   
 
Section 128 
 
 Copyright Regulations  2017  73 
OPC62131 - B Part  16—Transitional matters  
   
128  Directions about information relating to objecti on to import of copyright 
material  
  A direction in force under subregulation  21(1) of the Copyright 
Regulations  1969  (relating to import into Australia of copyright material) 
immediately before the commencement of Part 9 of this instrument has effect on 
and after that commencement as if it had been given under subsection  52(1) of 
this instrument.  
129  Objection to import of copyright material into Norfolk Island  
  A notice in force under subregulation  23(2) of the Copyright Regulations  1969  
(relating to import into Norfolk  Island of copyright material) immediately before 
the commencement of Part 9 of this instrument has effect on and after that 
commencement , for the purposes of section  53 of this instrument relating to 
Norfolk Island, as if the notice:  
 (a) had been given under subsection  135(2) of the Act  when it was given under 
subregulation  23(2) of the Copyright Regulations  1969 ; and  
 (b) were subject to subsections  135(6) and (6A) of the Act (about revocation 
and declaration of ineffecti veness of the notice).  
Note:  The notice does not have effect for the purposes of section  53 of this instrument 
relating to other Territories or for the purposes of section  135 of the Act applying apart 
from section  53 of this instrument to imports into par ts of Australia other than the 
external Territories.  
130  Limitation on remedies  available against carriage service providers  
 (1) A thing done under a provision of Part 3A (Limitation on remedies available 
against carriage service provider s) of the Copyright Regulations  1969  before the 
commencement of Part 6 of this instrument has effect on and after that 
commencement as if it had been done under the corresponding provision of 
Part 6 of this instrument.  
 (2) To avoid doubt, subsection  (1) has effect even if the thing was done using a form 
prescribed in a provision of Schedule  10 to the Copyright  Regulations  1969 . In 
that case, it has effect under subsection  (1) as if it had been done using a form 
prescribed in a corresponding provision o f Schedule  2 to this instrument.  
 (3) For the purposes of this section, the following table shows which provisions of 
Part 6 of, and Schedule  2 to, this instrument correspond to provisions of Part  3A 
(Limitation on remedies available against carriage servi ce provider s) of, and 
Schedule  10 to, the Copyright Regulations  1969 . 
Corresponding provisions  
 Provision of the Copyright  Regulations  1969  Corresponding provision of the Copyright  
Regulation s 2017 
1 Regulation  20C Section  19 
2 Regulation  20E Section  21 
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Part 16   Transitional matters  
   
 
Section  131 
 
74 Copyright Regulations  2017   
OPC62131 - B Corresponding provisions  
 Provision of the Copyright  Regulations  1969  Corresponding provision of the Copyright  
Regulation s 2017 
3 Regulation  20F Section  22 
4 Regulation  20G Section  23 
5 Regulation  20I Section  24 
6 Regulation  20J Section  25 
7 Regulation  20K Section  26 
8 Regulation  20L Section  27 
9 Regulation  20M  Section  28 
10 Regulation  20P Section  30 
11 Regulation  20Q Section  31 
12 Regulation  20R Section  32 
13 Regulation  20T Section  34 
14 Regulation  20U Section  35 
15 Part 1 of Schedule  10 Part 1 of Schedule  2 
16 Part 2 of Schedule  10 Part 2 of Schedule  2 
17 Part 3 of Schedule  10 Part 3 of Schedule  2 
18 Part 4 of Schedule  10 Part 4 of Schedule  2 
19 Part 5 of Schedule  10 Part 5 of Schedule  2 
20 Part 6 of Schedule  10 Part 6 of Schedule  2 
131  Things done under the Copyright Tribunal (Procedure) Regulations  1969  
 (1) If: 
 (a) a thing was done for a particular purpose under the Copyright Tribunal 
(Procedure) Regulations  1969  as in force immediately before those 
Regulations were repealed; and  
 (b) the thing could be done for that purpose under this instrument;  
the thing has effec t for the purposes of this instrument as if it had been done 
under this instrument.  
 (2) Without limiting subsection  (1), a reference in that subsection to a thing being 
done includes a reference to a notice, application, reference or other instrument 
being given or made.  
 (3) An approval of a design of a seal of the Tribunal that was in force for the 
purposes of the Copyright Tribunal (Procedure) Regulations  1969  immediately 
before they were repealed continues in force as if it were a determination of the 
design of the seal under subsection  58(2) of this instrument.  
Authorised Version F2017L01649 registered 18/12/2017Form of notice near machine for copying works, published editions or audio -visual items   Schedule 1  
Text of notice near machine for copying works or published editions   Part 1  
 
 
 Copyright Regulations  2017  75 
OPC62131 - B Schedule  1—Form of notice near machine for copying 
works, published editions or audio -visual 
items  
Note:  See sections  5 and 13. 
Part  1—Text of notice near machine for copying works or 
published editions  
Commonwealth of Australia  
Copyright Act 1968  
Notice about the reproduction of works and the copying of published editions  
Warning  
Copyright owners are entitled to take legal action against persons who infringe their 
copyright. A reproduction of material that is protected by copyright may be a copyright 
infringement. Certain dealings with copyright will not constitute an infringement, including:  
(a) a reproduction that is a fair dealing under the Copyright Act 1968  (the Act), including 
a fair dealing for the purposes of res earch or study; or  
(b) a reproduction that is authorised by the copyright owner.  
It is a fair dealing to make a reproduction for research or study, of one or more articles in a 
periodical publication for the same research or same course of study or, for an y other work, of 
a reasonable portion of a work.  
For a published work in hardcopy form that is not less than 10 pages and is not an artistic 
work, 10% of the number of pages, or one chapter, is a reasonable portion.  
For a published work in electronic form only, a reasonable portion is not more than, in the 
aggregate, 10% of the number of words in the work.  
More extensive reproduction may constitute fair dealing. To determine whether it does, it is 
necessary to have regard to the criteria set out in subsecti on 40(2) of the Act.  
A court may impose penalties and award damages in relation to offences and infringements 
relating to copyright material.  
Higher penalties may apply, and higher damages may be awarded, for offences and 
infringements involving the conver sion of material into digital or electronic form.  
Authorised Version F2017L01649 registered 18/12/2017Schedule 1   Form of notice near machine for copying works, published editions or audio -visual items  
Part 2   Text of notice near machine for copying works , published editions or audio -visual items  
 
 
76 Copyright Regulations  2017   
OPC62131 - B Part  2—Text of notice near machine for copying works, 
published editions or audio -visual items  
Commonwealth of Australia  
Copyright Act 1968  
Notice about the reproduction of works and the copying of publishe d editions and 
audio -visual items  
Warning  
Copyright owners are entitled to take legal action against persons who infringe their 
copyright.  A court may impose penalties and award damages in relation to offences and 
infringements relating to copyright material.  Higher penalties may apply, and higher damages 
may be awarded, for offences and infringements involving the conversion of material into 
digital or electronic form.  
Reproduction of works and copying of published editions  
A reproduction of material  that is protected by copyright may be a copyright infringement. 
Certain dealings with copyright will not constitute an infringement, including:  
(a) a reproduction that is a fair dealing under the Copyright Act 1968  (the Act), including 
a fair dealing for the purposes of research or study; or  
(b) a reproduction that is authorised by the copyright owner.  
It is a fair dealing to make a reproduction for research or study, of one or more articles in a 
periodical publication for the same research or same course of study or, for any other work, of 
a reasonable portion of a work.  
For a published work in hardcopy form that is not less than 10 pages and is not an artistic 
work, 10% of the number of pages, or one chapter, is a reasonable portion.  
For a published work in electronic form only, a reasonable portion is not more than, in the 
aggregate, 10% of the number of words in the work.  
More extensive reproduction may constitute fair dealing. To determine whether it does, it is 
necessary to have regard to the criteria set out in subsection  40(2) of the Act.  
Copying of audio -visual items  
Unless otherwise permitted by the Act, unauthorised use of audio -visual items in which 
copyright subsists may infringe copyright in that item.  
It is not an infringement of copyright in a n audio -visual item to use that item in a manner that 
is a fair dealing under section  103C of the Act.  
Section  103C of the Act relates to fair dealing for the purpose of research or study and sets 
out the matters that must be considered in determining whet her a reproduction of an 
audio -visual item is a fair dealing.  
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Text of notice near machine for copying audio -visual items   Part 3  
 
 
 Copyright Regulations  2017  77 
OPC62131 - B Part  3—Text of notice near machine for copying 
audio -visual items  
Commonwealth of Australia  
Copyright Act 1968  
Notice about the copying of audio -visual items  
Warning  
Copyright owners are entitled to take legal action against persons who infringe their 
copyright. Unless otherwise permitted by the Copyright Act 1968  (the Act), unauthorised use 
of audio -visual items in which copyright subsists may infringe copyright in th at item.  
It is not an infringement of copyright in an audio -visual item to use that item in a manner that 
is a fair dealing under section  103C of the Act.  
Section  103C of the Act relates to fair dealing for the purpose of research or study and sets 
out the  matters that must be considered in determining whether a reproduction of an 
audio -visual item is a fair dealing.  
A court may impose penalties and award damages in relation to offences and infringements 
relating to copyright material.  
Higher penalties may apply, and higher damages may be awarded, for offences and 
infringements involving the conversion of material into digital or electronic form.  
Authorised Version F2017L01649 registered 18/12/2017Schedule 2   Forms for Part 6  
Part 1   Form of notificati on relating to cached copyright material  
 
 
78 Copyright Regulations  2017   
OPC62131 - B Schedule  2—Forms for Part  6 
Note:  See sections  21, 22, 24, 26, 31 and 34. 
Part  1—Form of notification relating to  cached copyright 
material  
Commonwealth of Australia  
Copyright Regulations  2017  
Notification that cached copyright material has been removed or access has been 
disabled at the originating site  
To [name of carriage service provider ] 
1. I give this notificat ion for the purposes of condition 3 of item  3 of the table in 
subsection  116AH(1) of the Copyright Act 1968  and section  21 of the Copyright 
Regulations  2017 . 
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive 
licensee of the  copyright in the following cached copyright material, and I believe in 
good faith that it has been removed from, or access to it has been disabled at, the 
originating site:  
 [insert  sufficient information to enable the carriage service provider to identif y: 
 (a) the cached copyright material; and  
 (b) the originating site from which the cached copyright material has been 
removed or at which access has been disabled; and  
 (c) the cached copyright material on the carriage service provider’s system or 
network  that is to be removed, or to which access is to be disabled ] 
3. I have taken reasonable steps to ensure that the information and statements in this 
notification are accurate.  
Name:  
Address:  
Telephone number:  
Email address:  
[signature ] 
*Owner/*Exclusive li censee/*Agent of the owner/*Agent of the exclusive licensee  
* Omit if inapplicable  
Note 1:  Strict compliance with this form is not required and substantial compliance is sufficient —see 
section  25C of the Acts Interpretation Act 1901 . 
Authorised Version F2017L01649 registered 18/12/2017Forms for Part 6   Schedule 2  
Form of notification relating to cached copyright material   Part 1  
 
 
 Copyright Regulations  2017  79 
OPC62131 - B Note 2:  A civil action  for a civil remedy may be brought by a person who suffers loss or damage because of a 
material misrepresentation made knowingly in this notification —see section  39 of the Copyright 
Regulations  2017 . 
Authorised Version F2017L01649 registered 18/12/2017Schedule 2   Forms for Part 6  
Part 2   Form of notice relating to copyright material found to be infringing by Australian court  
 
 
80 Copyright Regulations  2017   
OPC62131 - B Part  2—Form of notice relating to copyright material found 
to be infringing by Australian court  
Commonwealth of Australia  
Copyright Regulations  2017  
Notice relating to copyright material that has been found to be infringing by an 
Australian court  
To [name of carriage service provider ] 
1. I give this notice f or the purposes of condition 2 of *item 4/*item 5 of the table in 
subsection  116AH(1) of the Copyright Act 1968  and section  22 of the Copyright 
Regulations  2017 . 
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive 
licensee of the copyright in the following copyright material *that resides on your 
system or network/*to which you have provided a reference on your system or 
network, and I believe, in good faith, that the copyright material has be en found to be 
infringing by an Australian court:  
 [insert  sufficient information to enable the carriage service provider:  
 (a) to identify the copyright material that has been found to be infringing by an 
Australian court; and  
 (b) to locate on the carria ge service provider’s system or network the 
copyright material or the reference provided by the carriage service 
provider on its system or network to the copyright material ] 
3. I have taken reasonable steps to ensure that the information and statements in this 
notice are accurate.  
Name:  
Address:  
Telephone number:  
Email address:  
[signature ] 
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee  
* Omit if inapplicable  
Note 1:  Strict compliance with this form is not required and substa ntial compliance is sufficient —see 
section  25C of the Acts Interpretation Act 1901 . 
Note 2:  A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a 
material misrepresentation made knowingly in this notice —see section  39 of the Copyright 
Regulations  2017 . 
Authorised Version F2017L01649 registered 18/12/2017Forms for Part 6   Schedule 2  
Form of notice by owner, licensee or agent of claimed infringement by storage of copyright material   
Part 3  
 
 
 Copyright Regulations  2017  81 
OPC62131 - B Part  3—Form of notice by owner, licensee or agent of 
claimed infringement by storage of copyright 
material  
Commonwealth of Australia  
Copyright Regulations  2017  
Notice by copyright owner, licensee or agent of claimed infringement of copyright in 
copyright material  
To [name of carriage service provider ] 
1. I give this notice for the purposes of condition 3 of item  4 of the table in 
subsection  116AH(1) of the Copyright Act 1968  and section  24 of the Copyright 
Regulations  2017 . 
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive 
licensee of the copyright in the following copyright material residing on your system 
or network, and I believe, in good faith, that the storage of the mat erial on your 
system or network is not authorised by the owner or any exclusive licensee of the 
copyright in that material, or by the Copyright Act 1968 , and is therefore an 
infringement of the copyright in the material:  
 [insert  sufficient information to enable the carriage service provider:  
 (a) to identify the copyright material in respect of which the infringement is 
claimed; and  
 (b) to locate on the carriage service provider’s system or network the 
copyright material ] 
3. I have taken reasonable steps to ensure that the information and statements in this 
notice are accurate.  
Name:  
Address:  
Telephone number:  
Email address:  
[signature ] 
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee  
* Omit if inapplicable  
Note 1:  Strict com pliance with this form is not required and substantial compliance is sufficient —see 
section  25C of the Acts Interpretation Act 1901 . 
Authorised Version F2017L01649 registered 18/12/2017Schedule 2   Forms for Part 6  
Part 3   Form of notice by owner, licensee or agent of claimed infringement by storage of copyright 
material  
 
 
82 Copyright Regulations  2017   
OPC62131 - B Note 2:  A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a 
material misre presentation made knowingly in this notice —see section  39 of the Copyright 
Regulations  2017 . 
Note 3:  As soon as practicable after removing, or disabling access to, copyright material identified in this notice, 
the carriage service provider to which this no tice is given must send a copy of this notice to the user who 
directed the carriage service provider to store the material on the carriage service provider’s system or 
network, along with a notice stating that the material has been removed, or access to it  has been disabled, 
and that the user may give a counter -notice within 3 months —see section  25 of the Copyright 
Regulations  2017 . 
Authorised Version F2017L01649 registered 18/12/2017Forms for Part 6   Schedule 2  
Form of counter -notice in response to notice by copyright owner, licensee or agent of claimed 
infringement   Part 4  
 
 
 Copyright Regulations  2017  83 
OPC62131 - B Part  4—Form of counter -notice in response to notice by 
copyright owner, licensee or agent of claimed 
infringement  
Commonwealth  of Australia  
Copyright Regulations  2017  
Counter -notice in response to notice by copyright owner, licensee or agent of claimed 
infringement of copyright  
To [name of carriage service provider ] 
1. Having received a copy of a notice of claimed infringement from you under 
section  25 of the Copyright Regulations  2017  in relation to the following copyright 
material, I give this counter -notice for the purposes of condition 3 of item  4 of the 
table in subsection  116AH(1) of the Copyright Act 1968  and section  26 of the 
Copyright Regulations  2017 : 
 [insert  sufficient information to enable the carriage service provider to identify:  
 (a) the copyright material in respect of which the infringement is claimed; and  
 (b) where on the carriage service provider’s system o r network the copyright 
material was stored ] 
2. I am the user who directed you to store the copyright material on your system or 
network.  
3. I believe, in good faith on the grounds set out in paragraph  4, that the notice of 
claimed infringement was given b ecause of *a mistake as to fact or law in relation to 
the copyright material/*a mistake in identifying the copyright material.  
4. The grounds for my belief in the statement in paragraph  3 are as follows:  
 [state the grounds ] 
 Omit the following paragraph i f the user does NOT live in, or carry on a business in, 
Australia.  
*5. I agree to comply with the orders of a court having jurisdiction in the place in 
Australia where I live or undertake my business.  
 Omit the following paragraph if the user lives in, or carries on a business in, 
Australia.  
*5. I agree to comply with the orders of a court having jurisdiction in a place in Australia 
where you are located and where an action for infringement of the copyright in the 
copyright material could be brought.  
Authorised Version F2017L01649 registered 18/12/2017Schedule 2   Forms for Part 6  
Part 4   Form of counter -notice in response to notice by copyright owner, licensee or agent of claimed 
infringement  
 
 
84 Copyright Regulations  2017   
OPC62131 - B 6. I will accept service of process in any action for infringement of the copyright in the 
copyright material.  
7. I have taken reasonable steps to ensure that the information and statements in this 
counter -notice are accurate.  
Name:  
Address:  
Telephone number:  
Email address:  
[signature ] 
User  
* Omit if inapplicable  
Note 1:  Strict compliance with this form is not required and substantial compliance is sufficient —see 
section  25C of the Acts Interpretation Act 1901 . 
Note 2:  This counter -notice must be given to the c arriage service provider’s designated representative within 3 
months after the user receives the notice of claimed infringement to which the counter -notice relates —
see section  26 of the Copyright Regulations  2017 . 
Note 3:  A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a 
material misrepresentation made knowingly in this counter -notice —see section  39 of the Copyright 
Regulations  2017 . 
Note 4:  As soon as practicable after the carriage service provider receives this counter -notice, the carriage service 
provider must send a copy of it to the copyright owner, licensee or agent (who gave the notice of claimed 
infringement to which this counter -notice responds), together with a notice stating that if the own er, 
licensee or agent does not, within 10 business days after the date the notice was sent, bring an action 
seeking a court order to restrain the activity that is claimed to be infringing, the carriage service provider 
will restore, or enable access to, th e copyright material on its system or network —see section  27 of the 
Copyright Regulations  2017 . 
Note 5:  Information that could identify a user who is an individual may be disclosed by the carriage service 
provider in the copy of this counter -notice or the notice referred to in Note 4 sent to the copyright owner, 
licensee or agent if the disclosure is consistent with the Telecommunications Act 1997  and the Privacy 
Act 1988 . If the carriage service provider is required by a court to disclose identifying information about 
a user who is an individual, the information must be disclosed.  
Authorised Version F2017L01649 registered 18/12/2017Forms for Part 6   Schedule 2  
Form of counter -notice in response to takedown of copyright material without notice from copyright 
owner, licensee or agent   Part 5  
 
 
 Copyright Regulations  2017  85 
OPC62131 - B Part  5—Form of counter -notice in response to takedown of 
copyright material without notice from copyright 
owner, licensee or agent  
Commonwealth of Australia  
Copyright Regulat ions 2017  
Counter -notice in response to takedown of copyright material without notice from 
copyright owner, licensee or agent  
To [name of carriage service provider ] 
1. Having received a notice from you under section  30 of the Copyright 
Regulations  2017  in relation to the following copyright material, I give this 
counter -notice for the purposes of condition 3 of item  4 of the table in 
subsection  116AH(1) of the Copyright Act 1968  and section  31 of the Copyright 
Regulations  2017 : 
 [insert  sufficient infor mation to enable the carriage service provider to identify:  
 (a)  the copyright material that has been removed, or to which access has been 
disabled; and  
 (b) where on the carriage service provider’s system or network the copyright 
material was stored ] 
2. I am the user who directed you to store the copyright material on your system or 
network.  
3. I believe, in good faith on the grounds set out in paragraph  4, that you have removed, 
or disabled access to, the copyright material because of *a mistake as to fa ct or law in 
relation to the copyright material/*a mistake in identifying the copyright material.  
4. The grounds for my belief in the statement in paragraph  3 are as follows:  
 [state the grounds ] 
5. I have taken reasonable steps to ensure that the informat ion and statements in this 
counter -notice are accurate.  
Name:  
Address:  
Telephone number:  
Email address:  
[signature ] 
User  
Authorised Version F2017L01649 registered 18/12/2017Schedule 2   Forms for Part 6  
Part 5   Form of counter -notice in response to takedown of copyright material without notice from 
copyright owner, licensee or agent  
 
 
86 Copyright Regulations  2017   
OPC62131 - B * Omit if inapplicable  
Note 1:  Strict compliance with this form is not required and substantial compliance is sufficient —see 
section  25C of the Acts Interpretation Act 1901 . 
Note 2:  This counter -notice must be given to the carriage service provider’s designated representative within 3 
months after the user receives the notice to which this counter -notice relates —see section  31 of the 
Copyright Regulations  2017 . 
Note 3:  An action for a civil remedy may be brought by a person who suffers loss or damage because of a 
material misrepresentation made knowingly in this counter -notice —see section  39 of the Copyright 
Regulations  2017 . 
Note 4:  If the carriage service provider is satisfied, on the basis of the information and statements in this 
counter -notice, that the copyright material is not, or is not likely to be, infringing, the carriage service 
provider must restore, or enable access to, the copyright material on its system or network —see 
section  32 of the Copyright Regulations  2017 . 
Authorised Version F2017L01649 registered 18/12/2017Forms for Part 6   Schedule 2  
Form of notice by owner, licensee or agent of claimed infringement by reference to infringing 
copyright material   Part  6 
 
 
 Copyright Regulations  2017  87 
OPC62131 - B Part  6—Form of notice by owner, licensee or agent of 
claimed infringement by reference to infringing 
copyright material  
Commonwealth of Australia  
Copyright Regula tions  2017  
Notice by owner, licensee or agent of claimed infringement by reference to infringing 
copyright material  
To [name of carriage service provider ] 
1. I give this notice for the purposes of condition 3 of item  5 of the table in 
subsection  116AH(1) of the Copyright Act 1968  and section  34 of the Copyright 
Regulations  2017 . 
2. I am the *owner/*exclusive licensee/*agent of the owner/*agent of the exclusive 
licensee of the copyright in the following copyright material to which you have 
provided  a reference on your system or network:  
 [insert  sufficient information to enable the carriage service provider:  
 (a) to identify the copyright material in respect of which the infringement is 
claimed; and  
 (b) to locate on the carriage service provider’s system or network the 
reference provided by the carriage service provider to the copyright 
material ] 
3. I believe, in good faith, that the copyright material is infringing under the Copyright 
Act 1968 . 
4. I have taken reasonable steps to ensure that the in formation and statements in this 
notice are accurate.  
Name:  
Address:  
Telephone number:  
Email address:  
[signature ] 
*Owner/*Exclusive licensee/*Agent of the owner/*Agent of the exclusive licensee  
* Omit if inapplicable  
Note 1:  Strict compliance with this form is not required and substantial compliance is sufficient —see 
section  25C of the Acts Interpretation Act 1901 . 
Authorised Version F2017L01649 registered 18/12/2017Schedule 2   Forms for Part 6  
Part 6   Form of notice by owner, licensee or agent of claimed infringement by refe rence to infringing 
copyright material  
 
 
88 Copyright Regulations  2017   
OPC62131 - B Note 2:  A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a 
material misrepresentation made knowingly in this notice —see section  39 of the Copyright 
Regulations  2017 . 
Authorised Version F2017L01649 registered 18/12/2017Forms of summons   Schedule 3  
Summons to witness   Part 1  
 
 
 Copyright Regulations  2017  89 
OPC62131 - B Schedule  3—Form s of summons  
Note:  See section  121. 
Part  1—Summons to witness  
Commonwealth of Australia  
Copyright Act 1968  
 
In the Copyright Tribunal of Australia  
 
[Title of Tribunal  proceeding ] 
 
To: [ name and address of witness ] 
 
1 You are summoned to attend before the Copyright Tribunal of Australia at [ place ] on 
[day, month and year ], at [ time] *am/*pm and on any other days as required until the 
hearing of proceedings in relation t o the *application/*reference/*inquiry is completed 
or you are released from further attendance.  
 
2. You are required to attend before the Tribunal to give evidence in the proceedings.  
 
 Omit the following paragraph if the witness is not required to produc e any documents 
or articles.  
*3. You are required to bring with you and produce the following 
*documents/*articles/*documents and articles : [set out the documents and articles 
required ] 
 
Date:  
 
*President/*Deputy President/*Member/*Registrar of the Copyright Tribunal of Australia  
 
* omit, if inapplicable  
Authorised Version F2017L01649 registered 18/12/2017Schedule 3   Forms of summons  
Part 2   Summon s to produce documents or articles  
 
 
90 Copyright Regulations  2017   
OPC62131 - B Part  2—Summons to produce documents or articles  
Commonwealth of Australia  
Copyright Act 1968  
 
In the Copyright Tribunal of Australia  
 
[Title of Tribunal proceeding ] 
 
To: [ name and address of witness ] 
 
1. You are summoned to produce to the Copyright Tribunal of Australia the following 
*documents/*articles/*documents and articles: [ set out the documents and articles 
required ] 
 
2. You are required to produce the *documents/*articles/*documents and articl es to 
[specified person ] at [ specified time and specified place ] 
 
* omit, if inapplicable  
 
Authorised Version F2017L01649 registered 18/12/2017