IP/N/1/AUS/C/9  
 
18 June 2013  
(13-3144)  Page: 1/18  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
AUSTRALIA  
This document reproduces the text1 of the Copyright Amendment Regulations 2010 (No. 1), as 
notified by Australia on 22 May 2013 under Article 63.2 of the Agreement (see document IP/N/1/AUS/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
AUSTRALIE  
Le présent document contient le texte1 du Règlement de 2010 portant modification du Règlement 
sur le droit d'auteur (n° 1), notifié par l'Australie le 22 mai 2013 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/AUS/5).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
A
USTRALIA  
En el presente documento se reproduce el texto1 del Reglamento de 2010 que modifica el 
Reglamento sobre el derecho de autor (Nº 1), no tificado por Australia el 22 de mayo de 2013 en 
virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/AUS/5). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/AUS/C/9 
 
- 2 - 
 
  PP 3-18 - Offset (Pdf file attached) 
PP 3 à 18 - Offset (fichier Pdf joint) PP 3-18 - Offset (fichero Pdf adjunto)   
 
0705286B-101001Z 
 
Copyright Amendment 
Regulations 2010 (No. 1)1 
Select Legislative In strument 2010 No. 249 
I, QUENTIN BRYCE, Governor-G eneral of the Commonwealth 
of Australia, acting with the advice of the Federal Executive 
Council, make the following Regulations under the Copyright 
Act 1968 . 
Dated 27 October 2010 
QUENTIN BRYCE 
Governor-General 
By Her Excellency’s Command 
ROBERT McCLELLAND  
Attorney-General 
Federal Register of Legislative Instruments F2010L02831
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Regulation 1 
 
 
2 Copyright Amendment Regulations 2010 (No. 1) 2010, 249 
 
 1 Name of Regulations 
  These Regulations are the Copyright Amendment Regulations 
2010 (No. 1) . 
2 Commencement   These Regulations commence on the day after they are 
registered. 
3 Amendment of Copyright Regulations 1969  
  Schedule 1 amends the Copyright Regulations 1969 . 
Schedule 1 Amendments 
(regulation 3) 
[1] Regulations 8 to 14 
omit 
[2] Regulation 25B 
omit 
[3] After regulation 27 
insert 
28 Transitional — application of repealed regulation 25B 
  Despite the repeal of regulation 25B by the Copyright 
Amendment Regulations 2007 (No. 1),  that regulation continues 
to have effect for acts done before the commencement of 
item 23 of Schedule 1 to the Copyright Amendment Act 2006 . 
Federal Register of Legislative Instruments F2010L02831
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         - 4 -Amendments Schedule 1 
  
 
 
 
2010, 249 Copyright Amendment Regulations 2010 (No. 1) 3 
 
 [4] Schedules 3, 3A, 3B, 4, 8 and 9 
substitute 
Schedule 3 Prescribed form of notice to 
be displayed 
(regulations 4B and 17A) 
Commonwealth of Australia 
Copyright Act 1968 
Notice about the reproduction of  works and the copying of 
published editions 
Warning 
Copyright owners are entitled to ta ke legal action against persons who 
infringe their copyright. A reproduction of material that is protected by 
copyright may be a copyright infr ingement. Certain dealings with 
copyright will not constitute an infringement, including: 
• 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 
• a reproduction that is author ised by the copyright owner. 
It is a fair dealing to make a reproduction  for research or study, of one or 
more articles in a period ical 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 fo rm only, a reasonable portion is not 
more than, in the aggregate, 10% of the number of words in the work. More extensive reproduction may cons titute 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. 
Federal Register of Legislative Instruments F2010L02831
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         - 5 -Schedule 1 Amendments 
  
 
 
 
4 Copyright Amendment Regulations 2010 (No. 1) 2010, 249 
 
 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 involvi ng the conversion of material into 
digital or electronic form. 
Schedule 3A Prescribed form of record for 
an article in a periodical 
publication 
(paragraph 4C (3) (a)) 
Commonwealth of Australia 
Copyright Act 1968 
Record of making of broadcast by  or on behalf of a holder of 
a print disability radio licence of th e whole or part of an article 
contained in a periodical publication 
 
Item Matter  Particulars 
1 The time and date of the making of the broadcast   
2 If the International Standard Serial Number for the 
periodical publication is recorded in the periodical 
publication — that number   
3 If the International Standard Serial Number for the 
publication is not so recorded — the name of the periodical publication   
4 The title or description of the article   
5 The name of the author of the article (if that name is 
known)  
6 The volume, or volume and number, as the case requires, 
of the periodical publication containing the article   
7 The page numbers of the pages in that volume, or in that 
number of that volume, that have been broadcast, or, if a 
page so broadcast does not bear a page number, a description of the page that w ill enable it to be identified  
Federal Register of Legislative Instruments F2010L02831
IP/N/1/AUS/C/9 
         - 6 -Amendments Schedule 1 
  
 
 
 
2010, 249 Copyright Amendment Regulations 2010 (No. 1) 5 
 
 Schedule 3B Prescribed form of record for 
a work not in a periodical 
publication 
(paragraph 4C (3) (b)) 
Commonwealth of Australia 
Copyright Act 1968 
Record of making of broadcast by  or on behalf of a holder of 
a print disability radio licence of the whole or part of a work 
not being an article containe d in a periodical publication 
 
Item Matter  Particulars 
1 The time and date of the making of the broadcast  
2 If the International Standard Book Number in respect of 
the work is recorded in the edition of the work copied — 
that number  
3 If the International Standard Book Number in respect of 
the work is not so recorded:  
 (a) the title or description of the work; and  
 (b) the name of the publisher of the edition of the work; 
and  
 (c) the name of the author of the work (if that name is 
known)  
4 The page numbers of the pages in the edition of the work 
that have been broadcast or, if a page so broadcast does 
not bear a page number, a d escription of the page that 
will enable it to be identified  
Federal Register of Legislative Instruments F2010L02831
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         - 7 -Schedule 1 Amendments 
  
 
 
 
6 Copyright Amendment Regulations 2010 (No. 1) 2010, 249 
 
 Schedule 4 Prescribed form of notice to 
library user making request 
(regulation 4D) 
Commonwealth of Australia 
Copyright Act 1968 
Notice for paragraph 49 (7A) (c) of the Copyright Act 1968  
Warning 
This material has been provided to you under section 49 of the Copyright 
Act 1968  (the Act) for the purposes of research or study. The contents of 
the material may be subject to copyright protection under the Act. 
Further dealings by you with this  material may be a copyright 
infringement. To determine whether such a communication would be an 
infringement, it is necessary to have regard to the criteria set out in 
Division 3 of Part III of the Act. 
Schedule 8 Countries to which Division 6 
of Part III of the Act applies 
(regulation 6) 
Algeria 
Andorra Argentina 
Austria 
Bahamas Bangladesh Barbados Belgium Belize 
Benin 
Bolivia Bosnia and Herzegovina Brazil Bulgaria 
Federal Register of Legislative Instruments F2010L02831
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         - 8 -Amendments Schedule 1 
  
 
 
 
2010, 249 Copyright Amendment Regulations 2010 (No. 1) 7 
 
 Burkina Faso 
Cambodia Cameroon Canada
 
Central African Republic Chad Chile Colombia Congo Congo, Democratic Republic of the 
Costa Rica 
Côte d’Ivoire Croatia Cuba Cyprus
 
Czech Republic Denmark Dominican Republic Ecuador Egypt 
El Salvador 
Fiji Finland France Gabon Germany 
Ghana 
Greece Guatemala Guinea Guinea-Bissau 
Haiti 
Holy See Honduras Hungary Iceland India 
Ireland 
Israel Italy Japan Kenya 
Korea, Republic of 
Federal Register of Legislative Instruments F2010L02831
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         - 9 -Schedule 1 Amendments 
  
 
 
 
8 Copyright Amendment Regulations 2010 (No. 1) 2010, 249 
 
 Kosovo, Republic of 
Lao People’s Democratic Republic Lebanon Lesotho 
Liberia 
Libyan Arab Jamahiriya Liechtenstein Luxembourg Macedonia, former Yugoslav Republic of Madagascar 
Malawi 
Malaysia Mali
 
Malta Mauritania 
Mauritius 
Mexico Monaco Montenegro Morocco 
Netherlands 
New Zealand Nicaragua Niger
 
Nigeria Norway 
Pakistan 
Panama Paraguay Peru Philippines 
Poland 
Portugal Romania Russian Federation Rwanda Saint Vincent and the Grenadines 
Senegal 
Serbia Singapore Slovenia South Africa 
Spain 
Federal Register of Legislative Instruments F2010L02831
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         - 10 -Amendments Schedule 1 
  
 
 
 
2010, 249 Copyright Amendment Regulations 2010 (No. 1) 9 
 
 Sri Lanka 
Suriname Sweden Switzerland 
Thailand 
Togo Trinidad and Tobago Tunisia Turkey United Kingdom 
United States of America 
Uruguay Venezuela Zambia Zimbabwe 
Schedule 9 Prescribed form of notice to 
be displayed for copying of 
audio-visual items 
(regulation 17A) 
Commonwealth of Australia 
Copyright Act 1968 
Notice about the copying of audio-visual items 
Warning 
Copyright owners are entitled to ta ke 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 that item. It is not an infringement of copyright in an audio-visual item to use that 
item in a manner that is a fair de aling 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. 
Federal Register of Legislative Instruments F2010L02831
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         - 11 -Schedule 1 Amendments 
  
 
 
 
10 Copyright Amendment Regulations 2010 (No. 1) 2010, 249 
 
 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 involvi ng the conversion of material into 
digital or electronic form. 
[5] Schedules 11, 11AA, 11AB, 11AC, 11A, and 11B 
substitute 
Schedule 11 Prescribed form of notice to 
Collector of Customs of 
Norfolk Island 
(subregulation 23 (4)) 
Commonwealth of Australia 
Copyright Regulations 1969 
Notice for regulation 23 
To the Collector of Customs of Norfolk Island. 
I, , of , being the owner [ or 
agent of the owner] of the copyright in the work [ or works] specified in 
the Schedule to this notice gi ve you notice that I object [ or, where notice 
is given by the agent , that objects] to the importation 
into Norfolk Island [ here specify the period during which importation is 
objected to ] of copies of the work [ or works] to which regulation 23 of 
the Copyright Regulations 1969  applies. 
Dated 
 [ Signature] 
[If an agent, insert ‘Agent of Owner’] 
THE SCHEDULE 
Federal Register of Legislative Instruments F2010L02831
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         - 12 -Amendments Schedule 1 
  
 
 
 
2010, 249 Copyright Amendment Regulations 2010 (No. 1) 11 
 
 Title (if any) of work — 
Description of work — Full name of author or authors — Whether author or authors alive — If the author, or any one or more of th e authors, is dead, date or dates of 
death — Date and place of first publication of work — 
Schedule 11AA Prescribed form of record for 
copying of a broadcast 
(paragraph 23G (a)) 
Commonwealth of Australia 
Copyright Act 1968 
Record of the copying of a broa dcast in reliance on Part VA of 
the Copyright Act 1968  
 
Item  Matter  Particulars 
1 The name of the institution for which the broadcast was 
copied  
2 The day on which the copying was carried out  
3 The title, or other identification, of the program or 
programs included in the broadcast  
4 The name or call sign of the broadcasting station that 
made the broadcast  
5 The day on which the broadcast commenced  
6 The time when the broadcast commenced  
7 The number of copies made of the broadcast  
Federal Register of Legislative Instruments F2010L02831
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         - 13 -Schedule 1 Amendments 
  
 
 
 
12 Copyright Amendment Regulations 2010 (No. 1) 2010, 249 
 
 Schedule 11AB Prescribed form of record for 
communication of a copy of a 
broadcast 
(paragraph 23G (b)) 
Commonwealth of Australia 
Copyright Act 1968 
Record of the communication of  a copy of a broadcast in 
reliance on Part VA of the Copyright Act 1968  
 
Item Matter  Particulars 
1 The name of the institution for which the 
communication of a copy of a broadcast was made  
2 The day on which the communication was first made  
3 The title, or other identification, of the program or 
programs included in the copy communicated  
4 The name or call sign of the broadcasting station that 
made the broadcast   
5 The day on which the broadcast commenced  
6 The time when the broadcast commenced  
7 The number of times the copy of the broadcast was 
communicated  
Federal Register of Legislative Instruments F2010L02831
IP/N/1/AUS/C/9 
         - 14 -Amendments Schedule 1 
  
 
 
 
2010, 249 Copyright Amendment Regulations 2010 (No. 1) 13 
 
 Schedule 11AC Prescribed form of notice for 
communication by 
administering body 
(regulation 23HB) 
Commonwealth of Australia 
Copyright Act 1968 
Form of notice for paragraph 135KA (a) of the Copyright 
Act 1968  
Warning 
This material has been copied a nd communicated to you by or on behalf 
of [insert name  of institution ] under Part VA of the Copyright Act 1968  
(the Act). 
The material in this communication may be subject to copyright under 
the Act. Any further copying or comm unication of this material by you 
may be the subject of copyright or performers’ protecti on under the Act. 
Do not remove this notice. 
Schedule 11A Prescribed form of record for 
making a licensed copy 
(regulation 23JL) 
Commonwealth of Australia 
Copyright Act 1968 
Federal Register of Legislative Instruments F2010L02831
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         - 15 -Schedule 1 Amendments 
  
 
 
 
14 Copyright Amendment Regulations 2010 (No. 1) 2010, 249 
 
 Record of the making of a licensed copy in reliance on 
Part VB of the  Copyright Act 1968 
Item  Matter  Particulars 
1 The name of the institution for which the licensed copy 
was made  
2 The section of the Copyright Act 1968 in reliance on 
which the copy was made  
3 The day on which the copy was made  
4 The full name or the surname and initials of the 
author/*s of the article or other work(1)  
5 *The name of the periodical publication in which the 
article appeared/*The title or other identification of the 
work/*The title or other identification of the sound recording or cinematograph film  
6 *The International Standard Serial Number of the 
periodical publication in which the article appeared/*The International Standard Book Number of the edition containing the work
(1)  
7 The name of the publisher of *the issue of the periodical 
publication in which the article appeared/ *the edition containing the work
(1)  
8 *The volume and number or the date of publication or 
other identification of the issue of the periodical publication in which the article appeared/ *The year of publication of the edition containing the work
(1)  
9 The number of pages copied(1)  
10 The number of copies made of *each page/*the sound 
recording/*the cinematograph film/copied  
11 The form in which the copy was made(2)  
*Omit if not applicable . 
(1)   Questions 4, 6, 7, 8 and 9 should not be answered if the item copied is a sound 
recording or cinematograph film. 
(2)   Specify the form of the copy: for example, a Braille, large-print or photographic 
version, a sound recording or a cinematograph film. Question 11 should not be completed 
if the form of the copy is a facsimile reproduction. 
Federal Register of Legislative Instruments F2010L02831
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         - 16 -Amendments Schedule 1 
  
 
 
 
2010, 249 Copyright Amendment Regulations 2010 (No. 1) 15 
 
 Schedule 11B Prescribed form of notice for 
electronic use notices 
(regulation 23JLA) 
Commonwealth of Australia 
Copyright Act 1968 
Notice for paragraph 135ZXA (a) of the Copyright Act 1968  
Warning 
This material has been reproduced  and communicated to you by or on 
behalf of [ insert name of institution ] under Part VB of the Copyright Act 
1968 (the  Act). 
The material in this communication may be subject to copyright under 
the Act. Any further reproduction or communication of this material by 
you may be the subject of copyri ght protection under the Act. 
Do not remove this notice. 
[6] Schedule 12 
substitute 
Schedule 12 International organizations to 
which the Act applies 
(regulation 26) 
United Nations 
Food and Agriculture Organization of the United Nations 
International Bank for Rec onstruction and Development 
International Civil Aviation Organization International Court of Justice 
International Development Association 
International Finance Corporation International Labour Organization International Maritime Organization International Monetary Fund 
Federal Register of Legislative Instruments F2010L02831
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         - 17 -Schedule 1 Amendments 
  
 
 
 
16 Copyright Amendment Regulations 2010 (No. 1) 2010, 249 
 
 International Telecommunication Union 
United Nations Educational, Scie ntific and Cultural Organization 
Universal Postal Union World Health Organization 
World Meteorological Organization 
Asian Development Bank 
Cultural and Social Centre for the Asian and Pacific Region European Space Agency International Atomic Energy Agency International Coffee Council 
International Criminal Police Organization — Interpol 
International Hydrographic Bureau International Institute of Refrigeration International Organization for Migration International Organizati on of Legal Metrology 
International Sugar Council International Wheat Council Organization of American States Secretariat of the Pacific Community World Customs Organization 
Note 
1. All legislative instruments and comp ilations are registered on the Federal 
Register of Legislative Instruments kept under the Legislative 
Instruments Act 2003. See http://www.frli.gov.au . 
 
Federal Register of Legislative Instruments F2010L02831
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