WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/AUS/C/3 
13 August 2007 
 (07-3412) 
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 
 
 
 The present document reproduces the text
1 of the Copyright Act 1968 - Act No. 63 as 
amended - compilation as of 30 July 2002, notified by Australia under Article 63.2 of the Agreement 
(see document IP/N/1/AUS/2). 
 
 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 texte
1 de la Loi de 1968 sur le droit d'auteur - Loi n° 63 telle 
qu'elle a été modifiée - compilation au 30 juillet 2002,  notifiée par l'Australie au titre de l'article 63:2 
de l'Accord (voir le document IP/N/1/AUS/2). 
 
 
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 
 
AUSTRALIA 
  
 En el presente documento se reproduce el texto
1 de la Ley de Derec ho de Autor de 1968 - Ley 
Nº 63 modificada -, compilación de 30 de julio de 2002, notificado por Australia en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/AUS/2). 
 
                                                      
1 In English only/En anglais seulement/En inglés solamente. IP/N/1/AUS/C/3 
Page 2  
 
  
 
 
  
Copyright Act 1968 
Act No. 63 of 1968 as amended 
This compilation was prepared on 30 July 2002 
taking into account amendments up to Act No. 63 of 2002 
The text of any of those amendments not in force 
on that date is appende d in the Notes section 
Prepared by the Office of Legislative Drafting, 
Attorney-General’s Department, Canberra  IP/N/1/AUS/C/3 
 Page 3 
 
 
  Contents 
 
Part I—Preliminary  
 1 Short title [ see Note 1]  
 2  Commencement [ see Note 1]  
 4 Extension to external Territories  
 5 Exclusion of Imperial Copyright Act, 1911   6 Repeal of Copyright Acts   7 Act to bind the Crown   8 Copyright not to subsist except by virtue of this Act  
 8A Prerogative rights of the Crown in the nature of copyright  
 9 Operation of other laws   9A Application of the Criminal Code   
 
Part II—Interpretation
  
 10 Interpretation  
 10AA Non-infringing copy  of a sound recording  
 10A Declarations and notices relating to certain bodies and institutions  
 11 Residence in a country not affected by temporary absence   12 References to Parliament   13 Acts comprised in copyright  
 14 Acts done in relation to substantial part of work or other subject-matter deemed to be 
done in relation to the whole  
 15 References to acts done with licence of owner of copyright   16 References to partial assignment of copyright   17 Statutory employment  
 18 Libraries established or conducted for profit  
 19 References to Copyright Act, 1911   20 Names under which work is published   21 Reproduction and copying of works and other subject-matter  
 22 Provisions relating to the making of a work or other subject-matter  
 23 Sound recordings and records  
 24 References to sounds and visual images embodied in an article  
 25 Provisions relating to broadcasting   27 Performance   28 Performance of works or other subject-ma tter in the course of educational instruction 
 29 Publication  
 30 Ownership of copyright for particular purposes  
 30A Commercial rental arrangement  
 
Part III—Copyright in original literary, dramatic, musical and artistic works
  
         Division 1—Nature, duration and ownership of copyright in works
  
 31 Nature of copyright in original works  
 32 Original works in which copyright subsists   33 Duration of copyright in original works   34 Duration of copyright in anonymous and pseudonymous works   35 Ownership of copyri ght in original works  
         Division 2—Infringement of copyright in works
  
 36 Infringement by doing acts comprised in the copyright  
 37 Infringement by importation for sale or hire   38 Infringement by sale and other dealings  IP/N/1/AUS/C/3 
Page 4  
 
   39 Infringement by permitting place of public entertainment to be used for performance 
of work 
 39A Infringing copies made on machines installed in libraries and archives  
 39B Communication by use of certain facilities                   Division 3—Acts not constitu ting infringements of copyright in works
  
 40 Fair dealing for purpose of research or study  
 41 Fair dealing for purpose of criticism or review   42 Fair dealing for purpose of reporting news   43 Reproduction for purpose of judicial proceedings or professional advice  
 43A Temporary reproductions made in the course of communication  
 44 Inclusion of works in collec tions for use by places of education  
 44A Importation etc. of books   44B Reproduction of writing on approved labe l for containers for chemical product  
 44C Copyright subsisting in accessories etc. to imported articles  
 44D Import of non-infringing copy of sound recording does not infringe copyright in 
works recorded  
 
        Division 4—Acts not constituting infringements of copyright in literary, dramatic and 
musical works
  
 45 Reading or recitation in public or for a broadcast   46 Performance at premises where persons reside or sleep  
 47 Reproduction for purpose of broadcasting   47AA Reproduction for the purpose of simulcasting   47A Sound broadcasts by holders of print disability radio licences  
 
        Division 4A—Acts not constituting  infringements of copyright in computer programs
  
 47AB Meaning of computer program   
 47B Reproduction for normal use or study of computer programs   47C Back-up copy of computer programs   47D Reproducing computer programs to make interoperable products  
 47E Reproducing computer programs to correct errors  
 47F Reproducing computer programs for security testing  
 47G Unauthorised use of copies or information   47H Agreements excluding opera tion of certain provisions  
 
        Division 5—Copying of works in libraries or archives
  
 48 Interpretation  
 48A Copying by Parliamentary libraries for members of Parliament   49 Reproducing and communicating works by libraries and archives for users  
 50 Reproducing and communicating works by lib raries or archives for other libraries or 
archives  
 51 Reproducing and communicating unpublis hed works in libraries or archives  
 51AA Reproducing and communicating works in Australian Archives  
 51A Reproducing and communicating work s for preservation and other purposes  
 52 Publication of unpublished works kept in libraries or archives   53 Application of Division to illustrations accompanying articles and other works           Division 6—Recording of musical works
  
 54 Interpretation  
 55 Conditions upon which manufacturer may make records of musical work  
 57 Provisions relating to royalty where 2 or more works are on the one record   IP/N/1/AUS/C/3 
 Page 5 
 
 
   59 Conditions upon which manufacturer may incl ude part of a literary or dramatic work 
in a record of a musical work  
 60 Records made partly for retail sale and partly for gratuitous disposal   61 Making inquiries in relation to previous records   64 Sections 55 and 59 to be disregarded in determining whether an infringement has 
been committed by the importation of records  
 
        Division 7—Acts not constituting  infringements of copyright in artistic works
  
 65 Sculptures and certain other works in public places  
 66 Buildings and models of buildings  
 67 Incidental filming or televising of artistic works  
 68 Publication of artistic works   70 Reproduction for purpose of including work in television broadcast   72  Reproduction of part of work in later work   73 Reconstruction of buildings  
 
        Division 8—Designs
  
 74 Corresponding design  
 75 Copyright protection where corresponding design registered   76 False registration of industrial designs   77 Application of artistic works as industria l designs without registration of the designs
  
 
        Division 9—Works of joint authorship
  
 78 References to all of joint authors  
 79 References to any one or more of joint authors  
 80 References to whichever of joint authors died last  
 81 Works of joint authorship published under pseudonyms   82 Copyright to subsist in joint works wit hout regard to any author who is an unqualified 
person  
 83 Inclusion of joint works in coll ections for use in places of education  
 Part IV—Copyright in subject-matter other than works
  
 
        Division 1—Preliminary   
 84 Interpretation  
         Division 2—Nature of copyright in subject-matter other than works
  
 85 Nature of copyright in sound recordings  
 86 Nature of copyright in cinematograph films   87 Nature of copyright in tele vision broadcasts and sound broadcasts  
 88 Nature of copyright in published editions of works           Division 3—Subject-matter, other than works, in which copyright subsists
  
 89 Sound recordings in which copyright subsists  
 90 Cinematograph films in which copyright subsists   91 Television broadcasts and sound broa dcasts in which copyright subsists  
 92 Published editions of works in which copyright subsists  
 
        Division 4—Duration of copyright in subject-matter other than works
  
 93 Duration of copyright in sound recordings  
 94 Duration of copyright in cinematograph films   95 Duration of copyright in television broadcasts and sound broadcasts  IP/N/1/AUS/C/3 
Page 6  
 
   96 Duration of copyright in published editions of works  
 
        Division 5—Ownership of copyright in subject-matter other than works
  
 97 Ownership of copyright in sound recordings  
 98 Ownership of copyright in cinematograph films  
 99 Ownership of copyright in television broadcasts and sound broadcasts  
 100 Ownership of copyright in published editions of works   
        Division 6—Infringement of copyright in subject-matter other than works
  
 100A Interpretation   101 Infringement by doing acts comprised in copyright  
 102 Infringement by importation for sale or hire   103 Infringement by sale and other dealings   103A Fair dealing for purpose of criticism or review   103B Fair dealing for purpose of reporting news  
 103C Fair dealing for purpose of research or study  
 104 Acts done for purposes of judicial proceeding   104A Acts done by Parliamentary lib raries for members of Parliament  
 104B Infringing copies made on machines installed in libraries and archives  
 105 Copyright in certain recordings not infringed by causing recordings to be heard in 
public or broadcast  
 106 Causing sound recording to be heard at guest house or club  
 107 Making of a copy of the sound recording for purpose of broadcasting   108 Copyright in published recording not in fringed by public performance if equitable 
remuneration paid  
 109 Copyright in published sound recordi ng not infringed by broadcast in certain 
circumstances  
 110  Provisions relating to cinematograph films   110A Copying and communicating unpublished sound recordings and cinematograph films 
in libraries or archives  
 110B Copying and communicating sound r ecordings and cinematograph films for 
preservation and other purposes  
 110C Making of a copy of a sound recording or cinematograph film for the purpose of 
simulcasting  
 111 Filming or recording broadcasts for private and domestic use   111A Temporary copy made in the course of communication   112 Reproductions of editions of work  
 112A Importation and sale etc. of books  
 112B Reproduction of writing on approved labe l for containers for chemical product  
 112C Copyright subsisting in accessories etc. to imported articles   112D Import of non-infringing copy of a sound recording does not infringe copyright in the 
sound recording  
 112E Communication by use of certain facilities  
 
        Division 7—Miscellaneous
  
 113 Copyrights to subsist independently  
 
Part V—Remedies and offences   
 
        Division 1—Preliminary   
 114 Interpretation  
  IP/N/1/AUS/C/3 
 Page 7 
 
 
          Division 2—Actions by owner of copyright   
 115 Actions for infringement  
 116 Rights of owner of copyright in respect of infringing copies   
        Division 2A—Actions in relation to ci rcumvention devices and electronic rights 
management information
  
 116A Importation, manufacture etc. of circumvention device and provision etc. of 
circumvention service  
 116B Removal or alteration of electronic rights management information   116C Commercial dealings etc. with works whose electronic rights management 
information is removed or altered  
 116D Remedies in actions under sections 116A, 116B and 116C  
 
        Division 3—Proceedings where copyright is subject to exclusive licence
  
 117 Interpretation   118 Application  
 119 Rights of exclusive licensee   120 Joinder of owner or exclusive licensee as a party   121 Defences available against exclusive licensee   122 Assessment of damages where exclusive licence granted   123 Apportionment of profits betw een owner and exclusive licensee  
 124 Separate actions in rela tion to the same infringement  
 125 Liability for costs   
        Division 4—Proof of facts in civil actions
  
 126 Presumptions as to subsistence and ownership of copyright   127 Presumptions in relation to authorship of work  
 128 Presumptions in relation to publisher of work   129 Presumptions where author has died   130 Evidence in relation to recordings   130A Acts relating to imported copies of sound recordings  
 131 Presumption in relation to maker of film  
 
        Division 4A—Jurisdiction and appeals
  
 131A Exercise of jurisdiction  
 131B Appeals   131C Jurisdiction of Federal Court of Australia  
 
        Division 5—Offences and summary proceedings
  
 132 Offences  
 133 Destruction or delivery up of infringing copies etc.   133A Advertisement for supply of in fringing copies of computer programs  
         Division 6—Miscellaneous
  
 134 Limitation of actions in respect of infringement of copyright  
 134A Affidavit evidence   
        Division 7—Seizure of imported copies of copyright material
  
 134B Interpretation  
 135 Restriction of importation of copies of works etc.   135AA Security for expenses of seizure   135AB Secure storage of seized copies   135AC Notice of seizure  IP/N/1/AUS/C/3 
Page 8  
 
   135AD Inspection, release etc. of seized copies  
 135AE Forfeiture of seized copies by consent   135AF Compulsory release of seized copies to the importer   135AG Provision relating to actions for infringement of copyright   135AH Retention of control of seized copies  
 135AI Disposal of seized copies ordered to be forfeited  
 135AJ Insufficient security   135AK Immunity of the Commonwealth   
Part VAA—Broadcast decoding devices
  
 
        Division 1—Preliminary   
 135AL Definitions  
 135AM Counterclaim           Division 2—Action in relation to broadcast decoding devices
  
 135AN Actions in relation to the manufacture of  and dealing with broadcast decoding devices 
 135ANA Actions in relation to the use of broadcast decoding devices for commercial 
purposes  
 
        Division 3—Jurisdiction and appeals   
 135AP Exercise of jurisdiction  
 135AQ Appeals   135AR Jurisdiction of Federal Court of Australia   
       Division 4—Offences
  
 135AS Offences  
 135AT Prosecutions   135AU Destruction etc. of devices   
Part VA—Copying and communication of broadcasts by educational and other institutions
  
 
        Division 1—Preliminary   
 135A Interpretation  
 135B Copies and communications of broadcasts   135D Operation of collecting society rules           Division 2—Copying and communication of broadcasts
  
 135E Copying and communication of broadcasts by educational institutions etc.  
 135F Making and communication of preview copies   135G Remuneration notices   135H Records notices   135J Sampling notices  
 135JA Agreed notice  
 135K Marking and record keeping requirements   135KA Notice requirements in respect of communications   135L Inspection of records etc.   135M Revocation of remuneration notice  
 135N Request for payment of equitable remuneration  
 
        Division 3—The collecting society
  
 135P The collecting society  
 135Q Revocation of declaration   IP/N/1/AUS/C/3 
 Page 9 
 
 
   135R Annual report and accounts  
 135S Amendment of rules   
        Division 4—Interim copying
  
 135T Appointment of notice holder   135U Copying before declaration of collecting society  
 135V Preview copies   135W Notices by administering bodies 136  135X Marking and record keeping requirements   135Y Effect of declaration of collecting society  
 
        Division 5—Miscellaneous
  
 135Z Relevant copyright owner may authorise copying etc.  
 135ZA Copyright not to vest in copier   Part VB—Reproducing and communicating works et c. by educational and other institutions 
 
        Division 1—Preliminary
  
 135ZB Interpretation  
 135ZC Eligible items and photographic versions   135ZE Part does not apply to computer programs  
 135ZF Operation of collecting society rules  
 135ZFA Licensed communications   
        Division 2—Reproduction by educationa l institutions of works that are in hardcopy form  
 135ZGA Application of Division   135ZG Multiple reproduction of insubstantial part s of works that are in hardcopy form  
 135ZH Copying of printed published ed itions by educational institutions  
 135ZJ Multiple reproduction of printed periodi cal articles by educational institutions  
 135ZK Multiple reproduction of works published in printed anthologies   135ZL Multiple reproduction of works that are in  hardcopy form by educational institutions 
 135ZM Application of Division to certain illustrations that are in hardcopy form  
 
        Division 2A—Reproduction and comm unication of works that are in electronic form
  
 135ZMA Application of Division  
 135ZMB Multiple reproduction and communication of insubstantial parts of works that are in 
electronic form  
 135ZMC Multiple reproduction and communication of periodical articles that are in 
electronic form by education institutions  
 135ZMD Multiple reproduction a nd communication of works that are in electronic form by 
educational institutions  
 135ZME Application of Division to certa in illustrations in electronic form  
         Division 3—Reproduction and communica tion of works by institutions assisting persons 
with a print disability
  
 135ZN Copying published editions by institu tions assisting persons with a print disability 
 135ZP Multiple reproduction and communication of  works by institutions assisting persons 
with a print disability  
 135ZQ Making of relevant reproductions and relevant communications by institutions 
assisting persons with a print disability  
 IP/N/1/AUS/C/3 
Page 10  
 
          Division 4—Reproduction and communication of works etc. by institutions assisting 
persons with an intellectual disability
  
 135ZR Copying of published editions by instit utions assisting persons with an intellectual 
disability  
 135ZS Copying and communication of eligible items by institutions assisting persons with 
an intellectual disability  
 135ZT Making of copies etc. for use in making copies or communications for a person with 
an intellectual disability  
 
        Division 5—Equitable remuneration   
 135ZU Remuneration notices  
 135ZV Records notices   135ZW Sampling notices   135ZWA Electronic use notices   135ZX Records notices and sampling notices: marking and record-keeping requirements  
 135ZXA Electronic use notices: notice requirements etc.  
 135ZY Inspection of records etc.   135ZZ Revocation of remuneration notice   135ZZA Request for payment of equitable remuneration   
        Division 6—Collecting societies
  
 135ZZB Collecting societies  
 135ZZC Revocation of declaration   135ZZD Annual report and accounts   135ZZE Amendment of rules           Division 7—Miscellaneous
  
 135ZZF Rights of copyright owners  
 135ZZG Copyright not to vest in copier   135ZZH Unauthorised use of copies   
Part VC—Retransmission of free-to-air broadcasts
  
 
        Division 1—Preliminary   
 135ZZI Definitions  
 135ZZJ Operation of collecting society rules   135ZZJA Application of Part  
 
        Division 2—Retransmission of free-to-air broadcasts
  
 135ZZK Retransmission of free-to-air broadcasts  
 135ZZL Remuneration notices   135ZZM Amount of equitable remuneration   135ZZN Record system  
 135ZZP Inspection of records etc.  
 135ZZQ Identity cards   135ZZR Revocation of remuneration notice   135ZZS Request for payment of equitable remuneration           Division 3—Collecting societies
  
 135ZZT Collecting societies  
 135ZZU Revocation of declaration   135ZZV Annual report and accounts   135ZZW Amendment of rules   IP/N/1/AUS/C/3 
 Page 11 
 
 
   
        Division 4—Interim retransmissions   
 135ZZX   Appointment of notice holder  
 135ZZY   Retransmitting before declaration of collecting society   135ZZZ   Notices by retransmitters  
 135ZZZA Record keeping requirements  
 135ZZZB Effect of declaration of collecting society   
        Division 5—Miscellaneous
  
 135ZZZC  Relevant copyright owner may authorise retransmitting   135ZZZD  Copyright not to vest under this Part  
 135ZZZE   Licence to retransmit does not authorise copyright infringements  
 
Part VI—The Copyright Tribunal
  
 
        Division 1—Preliminary   
 136 Interpretation  
 137 Cases to which licence schemes apply   
        Division 2—Constitution of the Tribunal
  
 138 Constitution of Tribunal   139 Appointment of members of Tribunal  
 140 Qualifications of members   141 Tenure of office   141A Seniority of Deputy Presidents   142 Acting President  
 143 Remuneration and allowances  
 144 Oath or affirmation of office   144A Disclosure of interests by members   144B Removal from office for fa ilure to disclose interest  
 145 Resignation   146 Sittings of the Tribunal  
 147 President to arrange business of Tribunal  
 
        Division 3—Applications and references to the Tribunal
  
 148 Interpretation  
 149 Applications to Tribunal for determ ination of remuneration payable for making 
recording or film of a work  
 149A Applications to Tribunal under section 47A   150 Applications to Tribuna l for determination of remune ration payable to owner of 
copyright in recording for making of a copy of the sound recording  
 151 Applications to Tribuna l for determination of remune ration payable to owner of 
copyright in recording in respect of public playing of the recording  
 152 Applications to Tribunal for determ ination of amounts payable for broadcasting 
published sound recordings  
 152A Applications to Tribunal for determination of amount of royalty payable for recording 
musical works  
 152B Applications to Tribunal for dete rmination of manner of paying royalty  
 153 Applications to Tribunal for apportionment of royalty in respect of a record  
 153A Applications to Tribunal under section 135H, subsection 135J(1) or 
subsection 135JA(1)  
 153B Applications to Tribun al under subsection 135J(3)  
 153BA Application to the Tribunal under subsection 135JA(3) IP/N/1/AUS/C/3 
Page 12  
 
   153BB Application to the Tribunal under subsection 135ZME(3)  
 153C Applications to the Tribunal unde r section 135ZZV or subsection 135ZW(1) 
or 135ZWA(1)  
 153D Applications to Tribunal  under subsection 135ZW(3)  
 153DA Applications to the Tribunal under subsection 135ZWA(2)  
 153E Applications to Tribun al under subsection 183(5)  
 153F Applications to Tribunal to declare collecting society for government copies   153G Applications to Tribunal to revoke a declaration of a collecting society   153H Time limit for deciding applications under section 153F or 153G   153J Amendment and revocation of a declara tion on the declaration of another collecting 
society  
 153K Applications to Tribunal for method of working out payment for government copies  153L Applications to Tribunal for review of declarations of certain educational institutions 
 153M Applications to the Tribunal under subsection 135ZZM(1)   153N Applications to Tribunal  under subsection 135ZZN(3)  
 154 Reference of proposed licence schemes to Tribunal  
 155 Reference of existing licence schemes to Tribunal   156 Further reference of licence schemes to Tribunal   157 Application to Tribunal in relation to licences   158 Effect of licence scheme being continued in operation pending order of the Tribunal 
 159 Effect of order of Tribunal in relation to licences 191 
 160 Interim orders  
 161 Reference of questions of la w to Federal Court of Australia  
 162 Agreements or awards not affected   
        Division 4—Procedure and evidence
  
 163 Proceedings to be in public except in special circumstances  
 163A Application may be made to Tribunal by the agent of the copyright owner   164 Procedure   165 Mistakes or errors in orders of the Tribunal   166 Regulations as to procedure   167 Power to take evidence on oath  
 168 Evidence in form of written statement  
 169 Representation   
        Division 5—Miscellaneous
  
 170 Secretary and other staff   171 Protection of members, barristers and witnesses  
 172 Disobedience to summons etc.   173 Contempt of Tribunal etc.   174 Costs of proceedings   175 Proof of orders of Tribunal   Part VII—The Crown
  
 Division 1—Crown copyright
  
 176 Crown copyright in original works made under direction of Crown  
 177 Crown copyright in original works fi rst published in Australia under direction of 
Crown  
 178 Crown copyright in recordings a nd films made under direction of Crown  
 179 Provisions relating to ownership of co pyright may be modified by agreement  
 180 Duration of Crown copyright in original works   181 Duration of Crown copyright in recordings and films   IP/N/1/AUS/C/3 
 Page 13 
 
 
   182 Application of Parts III and IV to copy right subsisting by virtue of this Part  
 182A Copyright in statutory instruments and judgments etc.   
        Division 2—Use of copyright material for the Crown
  
 182B Definitions   182C Relevant collecting society  
 183 Use of copyright material for the services of the Crown   183A Special arrangements for copying for services of government   183B Payment and recovery of equitable re muneration payable for government copies  
 183C Powers of collecting society to carry out sampling  
 183D Annual report and accounts of collecting society  
 183E Alteration of rules of collecting society   
Part VIII—Extension or restriction of operation of Act
  
  184 Application of Act to countries other than Australia  
 185 Denial of copyright to citizens of countries not giving adequate protection to 
Australian works  
 186 Application of Act to international organizations   187 Original works made or first pub lished by international organizations  
 188 Subject-matter, other than original work s, made or first published by international 
organizations  
 
Part IX—Moral rights of authors of literary, dramatic, musical or artistic works and 
cinematograph films
  
 
        Division 1—Preliminary   
 189 Definitions  
 190 Moral rights conferred on individuals   191 Director, producer and screenwriter of cinematograph film   192 Rights to be additional to other rights           Division 2—Right of attribution of authorship
  
 193 Author’s right of attribution of authorship  
 194 Acts giving rise to right of attribution of authorship   195 Nature of the identification of author   195AA Identification of author to be clear and reasonably prominent  
 195AB What is a reasonably prominent identification  
 
        Division 3—Right not to have authorship of a work falsely attributed
  
 195AC Author’s right not to have authorship falsely attributed  
 195AD Acts of false attribution of authorship of a literary, dramatic or musical work   195AE Acts of false attribution of authorship of artistic work  
 195AF Acts of false attribution of authorship of cinematograph film  
 195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic 
work  
 195AH Act of false attribution of authorship of altered cinematograph film           Division 4—Right of integrity of authorship of a work
  
 195AI Author’s right of integrity of authorship  
 195AJ Derogatory treatment of liter ary, dramatic or musical work  
 195AK Derogatory treatment of artistic work   195AL Derogatory treatment of cinematograph film  IP/N/1/AUS/C/3 
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        Division 5—Duration and exercise of moral rights
  
 195AM Duration of moral rights  
 195AN Exercise of moral rights           Division 6—Infringement of moral rights
  
 195AO Infringement of right of attribution of authorship  
 195AP Infringement of right not to have authorship falsely attributed   195AQ Infringement of right of integrity of authorship   195AR No infringement of right of attributi on of authorship if it was reasonable not to 
identify the author  
 195AS No infringement of right of integrity of authorship if derogatory treatment or other 
action was reasonable  
 195AT Certain treatment of works not to constitu te an infringement of the author’s right of 
integrity of authorship  
 195AU Infringement by importation for sale or other dealing  
 195AV Infringement by sale and other dealings   195AVA  Matters to be taken into account   195AVB  Communication by use of certain facilities   195AW    Author’s consent to act or omission—films or works in films   195AWA Author’s consent to act or omission—work  that is not a film or included in a film 
 195AWB Consent invalidated by duress or false or misleading statements  
 195AX    Acts or omissions outside Australia   
        Division 7—Remedies for infringements of moral rights
  
 195AY  Definition etc.   195AZ   Actions for infringement of moral rights  
 195AZA Remedies for infringements of moral rights   195AZB  Saving of other rights and remedies   195AZC  Jurisdiction of courts   195AZD  Presumption as to subsistence of copyright   195AZE  Presumption as to subsistence of moral rights  
 195AZF  Presumptions in relation to authorship of work  
 195AZG  Other presumptions in relation to lite rary, dramatic, musical or artistic work  
 
        Division 8—Miscellaneous
  
 195AZH Parts of works   195AZI   Works of joint authorship  
 195AZJ   Cinematograph films that have  more than one principal director  
 195AZK Cinematograph films that have  more than one principal producer  
 195AZL  Cinematograph films that have more than one principal screenwriter  
 195AZM Application—right of attribution of authorship   195AZN  Application—right not to have authorship falsely attributed  
 195AZO  Application—right of integrity of authorship  
 
Part X—Miscellaneous
  
 195A Interpretation  
 195B Review of certain decisions  
 196 Assignments and licences in respect of copyright  
 197 Prospective ownership of copyright   198 Copyright to pass under will with unpublished work   199 Reception of broadcasts   200 Use of works and broadcasts for educational purposes   IP/N/1/AUS/C/3 
 Page 15 
 
 
   200AA Use of broadcasts by institutions assis ting persons with an intellectual disability  
 201 Delivery of library material to the National Library   202 Groundless threats of legal proceedings   203 Limitation on power of courts to gr ant relief in proceedings under this Act  
 203A Retention of declarations in relati on to copies made by libraries, archives or 
institutions  
 203D Arrangement of declarations and records   203E Inspection of records and declarations re tained by libraries, archives or institutions 
 203F Additional offences in relation to the making and retention of records and 
declarations  
 203G Additional offences relating to declara tions under subsections  116A(3) and 132(5F) 
 203H Notation of certain copies etc.   
Part XI—Transitional
  
 
        Division 1—Preliminary   
 204 Interpretation 239 
 205 References to making of works, recordings and films   206 References in other laws or instruments to copyright  
 207 Application   208 Authorship of photographs  
 209 Publication  
 
        Division 2—Original works
  
 210 Expired copyright not to revive  
 211 Original works in which copyright subsists  
 212 Duration of copyright in photographs  
 213 Ownership of copyright   214 Infringement by importation, sale and other dealings   215 Recording of musical works   216 Publication of artistic works   217 Reconstruction of buildings  
 218 Industrial designs  
 219 Reproduction of work upon payment of royalties   
        Division 3—Subject-matter other than works
  
 220 Sound recordings   221 Cinematograph films  
 222 Application of Act to dramatic work s and photographs comprised in cinematograph 
films  
 223 Television broadcasts and sound broadcasts   224 Published editions of works   225 Infringement by importation, sale and other dealings  
 
        Division 4—Miscellaneous
  
 226 Actions for infringement  
 227 Infringing copies   228 Actions where copyright subject to exclusive licence  
 229 Offences and summary proceedings  
 230 Limitation of actions   231 Restriction of importation of printed copies of works   232 References and applications to Tribunal in relation to licence schemes   233 Duration of Crown copyright in photographs  IP/N/1/AUS/C/3 
Page 16  
 
   234 Duration of Crown copyright in recordings  
 235 Crown copyright in films   236 Works made or published by  international organizations  
 237 Subject-matter, other than original works, made or published by international 
organizations  
 239 Assignments and licences  
 240 Bequests   241 Delivery of library material to National Library   242 Groundless threats of legal proceedings           Division 5—Works made before 1 July, 1912
  
 243 Interpretation  
 244 Application   245 Rights conferred by Copyright Act, 1911   246 Performing rights  
 247 Contributions to periodicals  
 248 Assignments and licences   
Part XIA—Performers’ protection
  
         Division 1—Preliminary
  
 248A Interpretatione  
 248B Educational purposes   248C Exempt recordings cease to be exempt recordings in certain circumstances   248CA Protection period   248D Private and domestic use  
 248F Application  
 
        Division 2—Actions by performers
  
 248G What constitutes unauthorised use  
 248H Copying sound recordings for broadcasting   248J Actions for unauthorised use  
 248K Exercise of jurisdiction  
 248L Appeals   248M Jurisdiction of Federal Court   248N Right to bring an action not assignable           Division 3—Offences
  
 248P Offences involving unauthorised record ing, broadcasting etc. of performances  
 248Q Other offences in relation to performances   248QA Further offences relating to sound recordings of certain performances  
 248QB Protection against multiple prosecutions for same act   248S Prosecutions for offences  
 248T Destruction or delivery up of unauthorised recordings  
 
        Division 4—Extension of protection to foreign countries
  
 248U Application to foreign countries  
 248V Denial of protection to citizens of countries not giving adequate protection to 
Australian performances  
 
Part XII—Regulations   
 249 Regulations  
  IP/N/1/AUS/C/3 
 Page 17 
 
 
  The Schedule   
 
Notes   
 
 IP/N/1/AUS/C/3 
Page 18  
 
  An Act relating to copyright and th e protection of certain performances, 
and for other purposes 
 
Part I—Preliminary 
   
1  Short title  [see Note 1] 
  This Act may be cited as the Copyright Act 1968 . 
 2  Commencement
 [see Note 1]  
  This Act shall come into operation on a date to be fixed by Proclamation. 
 
4  Extension to external Territories 
  This Act extends to every external Territory. 
 5  Exclusion of Imperial Copyright Act, 1911 
 (1) This Act operates to the exclusion of the Copyright Act, 1911. 
 (2) For the purposes of section 8 of the Acts Interpretation Act 1901-1966 , the Copyright 
Act, 1911 shall be deemed to be an Ac t passed by the Parliament of the 
Commonwealth and to be repealed by this Ac t, and the enactment of Part XI shall not 
be taken to affect the operation of section 8 of the Acts Interpretation Act 1901-1966 
as it operates by virtue of this subsection in relation to matters to which that Part does 
not apply. 
 
6  Repeal of Copyright Acts 
  The following Acts are repealed: 
  Copyright Act 1912 ; 
  Copyright Act 1933 ; 
  Copyright Act 1935 ; 
  Copyright Act 1963 . 
 
7  Act to bind the Crown 
  Subject to Part VII, this Act binds th e Crown but nothing in this Act renders the 
Crown liable to be prosecuted for an offence. 
 
8  Copyright not to subsist except by virtue of this Act   Subject to section 8A, copyright does not subs ist otherwise than by virtue of this Act. 
8A  Prerogative rights of the Crown in the nature of copyright 
 (1) Subject to subsection (2), this Act does not  affect any prerogative right or privilege of 
the Crown. 
 (2) Where a right or privilege of the Crown by way of copyright subsists in a work or 
published edition of a work, a person does not infringe that right or privilege by 
doing, or authorizing the doing of, an act in relation to the work or edition without the licence of the Crown if, assuming that that right or privilege of  the Crown did not 
subsist in the work or edition, but copyright  subsisted under this Act in the work or 
edition and was owned by a person other than the Crown, the person would not 
infringe the copyright of that owner in the work or edition by doing, or by authorizing 
the doing of, that act without the licence of the owner. 
 (3) Nothing in subsection (2) shall be taken to limit the duration of the right or privilege 
of the Crown by way of copyright in a work or published edition of a work. 
  IP/N/1/AUS/C/3 
 Page 19 
 
 
  9  Operation of other laws 
 (1) This Act does not affect the right of, or of a person deriving title directly or indirectly 
from, the Commonwealth or a State to sell, use or otherwise deal with articles that have been, or are, forfeited under a law of the Commonwealth or of the State. 
 (3) This Act does not affect the operation of the law relating to breaches of trust or 
confidence. 
 
9A  Application of the Criminal Code 
  Chapter 2 of the Criminal Code  applies to all offences against this Act. 
 
                    Note: Chapter 2 of the Criminal Code  sets out the general principles of criminal responsibility. 
 
Part II—Interpretation 
   
10  Interpretation   
 (1) In this Act, unless the contrary intention appears: 
 
  accessory , in relation to an article, means one or more of the following: 
 
              (a) a label affixed to, displayed on, incorporated into the surface of, or 
accompanying, the article; 
  (b) the packaging or container in whic h the article is packaged or contained; 
              (c) a label affixed to, displayed on, incorporated into the surface of, or 
accompanying, the packaging or container in which the article is packaged or 
contained; 
  (d) a written instruction, warranty or ot her information provided with the article; 
              (e) a record embodying an instructional sound recording, or a copy of an 
instructional cinematograph film, provided with the article; 
 
  but does not include: 
               (f) any label, packaging or container on which the olympic symbol (within the 
meaning of the Olympic Insignia Protection Act 1987 ) is reproduced; or 
              (g) a manual sold with co mputer software for use in connection with that 
software. 
   adaptation  means: 
               (a) in relation to a literary work in a non -dramatic form a version of the work 
(whether in its original language or in a different language) in a dramatic 
form; 
              (b) in relation to a literary work in a dramatic form a version of the work 
(whether in its original language or in a different language) in a non -dramatic 
form; 
              (ba) in relation to a literary work being a computer program—a version of the 
work (whether or not in the language, co de or notation in which the work was 
originally expressed) not being a reproduction of the work; 
              (c) in relation to a literary work (whether in a non -dramatic form or in a dramatic 
form): 
    (i) a translation of the work; or 
                           (ii) a version of the work in which a story or action is conveyed solely or 
principally by means of pictures; and IP/N/1/AUS/C/3 
Page 20  
 
    
(d) in relation to a musical work—an arrangement or transcription of the work. 
 
  approved label  means a label approved under: 
 
  (a) Part 2 of the Agvet Code of a State or of the Northern Territory; or 
              (b) Part 2 of the Agvet C ode of the participating Territories within the meaning 
of the Agricultural and Veterinary Chemicals Act 1994 . 
 
  archives  means: 
 
  (a) archival material in the custody of:     (i) the Australian Archives;                              (ii) the Archives Office of New South Wales established by the Archives 
Act 1960 of the State of New South Wales; 
                           (iii) the Public Record Office established by the Public Records Ac t 1973 
of the State of Victoria; or 
                           (iv) the Archives Office of Tasmania established by the Archives Act 
1965 of the State of Tasmania; or 
 
(b) a collection of documents or other materi al to which this paragraph applies by 
virtue of subsection (4). 
 
  artistic work  means: 
 
              (a) a painting, sculpture, drawing, engraving or photograph, whether the work is 
of artistic quality or not; 
              (b) a building or a model of a building, whether the building or model is of 
artistic quality or not; or 
              (c) a work of artistic craftsmanship to which neither of the last two preceding 
paragraphs applies; 
 
  but does not include a circuit layout within the meaning of the Circuit Layouts 
Act 1989 . 
 
  Australia  includes the external Territories. 
 
  Australian protected person  means a person who, by virtue of regulations in force 
under the Nationality and Citizenship Act 1948-1967 , is, for the purposes of that Act, 
under the protection of the Australian Government. 
 
  author , in relation to a photograph, means the person who took the photograph. 
 
  authorized officer , in relation to a library or archiv es, means the officer in charge of 
that library or archives or a person authori zed by that officer to act on his or her 
behalf. 
 
  broadcast  means a communication to the public delivered by a broadcasting service 
within the meaning of the Broadcasting Services Act 1992 . 
  IP/N/1/AUS/C/3 
 Page 21 
 
 
    Note: A broadcasting service does  not include the following: 
                                 (a) a service (i ncluding a teletext service) that prov ides only data or only text (with or 
without associated  images); or 
                                 (b) a se rvice that makes programs available on demand on a point-to-point basis, 
including a dial-up service. 
 
  building  includes a structure of any kind. 
 
  calendar year  means a period of 12 months commencing on 1 January. 
 
  carriage service provider  has the same meaning as in the Telecommunications 
Act1997. 
 
  carrier  has the same meaning as in the Telecommunications Act 1997 . 
 
  chemical product  has the same meaning as in the Schedule to the Agricultural and 
Veterinary Chemicals Code Act 1994 . 
 
  cinematograph film  means the aggregate of the visual images embodied in an article 
or thing so as to be capable by the use of that article or thing: 
   (a) of being shown as a moving picture; or               (b) of being embodied in another article or thing by the use of which it can be so 
shown; 
   and includes the aggregate of the sounds embodied in a sound -track associated with 
such visual images. 
 
  circumvention device  means a device (including a computer program) having only a 
limited commercially significant purpose or use,  or no such purpose or use, other than 
the circumvention, or facilitating the circum vention, of an effective technological 
protection measure. 
 
  circumvention service  means a service, the performance of which has only a limited 
commercially significant purpose, or no su ch purpose or use, other than the 
circumvention, or facilitating the circum vention, of an effective technological 
protection measure. 
 
  communicate  means make available online or electronically transmit (whether over a 
path, or a combination of paths, provided by a material substance or otherwise) a 
work or other subject-matter. 
 
  computer program  means a set of statements or instructions to be used directly or 
indirectly in a computer in order to bring about a certain result. 
 
  construction  includes erection, and reconstruction  has a corresponding meaning. 
 
  copy , in relation to a cinematograph film, m eans any article or thing in which the 
visual images or sounds comprising the film are embodied. 
 
  device  includes a plate. 
 IP/N/1/AUS/C/3 
Page 22  
 
    dramatic work  includes: 
   (a) a choreographic show  or other dumb show; and 
  (b) a scenario or script for a cinematograph film;  
  but does not include a cinematograph film as distinct from the scenario or script for a 
cinematograph film. 
 
  drawing  includes a diagram, map, chart or plan. 
 
  educational institution  means: 
                (aa) an institution at which education is provided at pre -school or kindergarten 
standard; 
              (a) a school or similar institution at which full -time primary education or 
full-time secondary education is provided or both full -time primary education 
and full -time secondary education are provided; 
              (b) a university, a college of advanced education or a technical and further 
education institution; 
              (c) an institution that c onducts courses of primary, secondary or tertiary 
education by correspondence or on an external study basis; 
              (d) a school of nursing in relation to which a notice published under subsection 
10A(4) is in force; 
  (e) an undertaking within a hospital, being an undertaking:                             (i) that conducts courses of study or training in the provision of medical 
services, or in the provision of services incidental to the provision of 
medical services; and 
                           (ii) in relation to which a notice published under subsection 10A(4) is in 
force; 
               (f) a teacher education centre in relation to which a notice published under 
subsection 10A(4) is in force; 
              (g) an institution in relation to which there is in force a notice published under 
subsection 10A(4) that includes a declar ation that the principal function of 
the institution is the provision of courses of study or training for one of the 
following purposes: 
 
   (i) general education;    (ii) the preparation of people fo r a particular occupation or profession; 
                           (iii) the con tinuing education of people engage d in a particular occupation 
or profession; 
   (iv) the teaching of English to people whose first language is not English; 
 
              (h) an undertaking within a body administering an educational institution of a 
kind referred to in a preceding paragra ph of this definition in relation to 
which there is in force a notice pub lished under subsection 10A(4) that 
includes a declaration that the principal function, or one of the principal 
functions, of the undertaking is the provision of teacher training to people 
engaged as instructors in educational in stitutions of a kind referred to in a 
preceding paragraph of this definition,  or of 2 or more such kinds; or 
              (i) an institution, or an undertaking within a body administering an educational 
institution of a kind referred to in a preced ing paragraph of th is definition, in  IP/N/1/AUS/C/3 
 Page 23 
 
 
  relation to which there is in force a notice published under subsection 10A(4) 
that includes a declaration that the principal function, or one of the principal functions, of the institution, or undertak ing, is the providing of material to 
educational institutions of a kind referred to in a preceding paragraph of this 
definition, or to educational institutions of 2 or more such kinds, and that that 
activity is undertaken for the purpose of  helping those institutions in their 
teaching purposes. 
 
  electronic rights management information  means: 
              (a) information attached to, or embodied in, a copy of a work or other 
subject-matter that: 
                            (i) identifies the work or subject-matter, and its author or copyright 
owner; or 
                           (ii) identifies or indicates some or all of the terms and conditions on 
which the work or subject-matter may be used, or indicates that the 
use of the work or subject-matter is  subject to terms or conditions; or 
  (b) any numbers or codes that represent such information in electronic form. 
 
  engraving  includes an etching, lithograph, product of photogravure, woodcut, print or 
similar work, not being a photograph. 
 
  exclusive licence  means a licence in writing, signed by or on behalf of the owner or 
prospective owner of copyright, authorizing the licensee, to the exclusion of all other 
persons, to do an act that, by virtue of this Act, the owner of the copyright would, but for the licence, have the exclusive right to do, and exclusive licensee  has a 
corresponding meaning. 
 
  future copyright  means copyright to come into exis tence at a future time or upon the 
happening of a future event. 
 
  infringing copy  means: 
 
              (a) in relation to a work—a reproduction of the work, or of an adaptation of the 
work, not being a copy of a cinematograph film of the work or adaptation; 
              (b) in relation to a sound recording—a copy of the sound recording not being a 
sound-track associated with visual images forming part of a cinematograph 
film; 
   (c) in relation to a cinematograph film—a copy of the film;                (d) in relation to a television broadcast or a sound broadcast—a copy of a 
cinematograph film of the broadcast or a record embodying a sound recording of the broadcast; and 
   (e) in relation to a published edition of a work—a facsimile copy of the edition; 
 
  being an article the making of which co nstituted an infringement of the copyright in 
the work, recording, film, broadcast or ed ition or, in the case of an article imported 
without the licence of the owner of the copyright, would have constituted an 
infringement of that copyright if the article had been made in Australia by the 
importer, but does not include: 
               (f) a non-infringing book whose importation does not constitute an infringement 
of that copyright; or IP/N/1/AUS/C/3 
Page 24  
 
                (g) a non-infringing accessory whose importation does not constitute an 
infringement of that copyright; or 
              (h) a non-infringing copy of a sound recording whose importation does not 
infringe that copyright. 
 
  institution  includes an educational institution. 
 
  institution assisting persons with an intellectual disability  means: 
   (a) an educational institution; or 
              (b) any other institution which has as its principal function, or one or its principal 
functions, the provision of assistance to persons with an intellectual disability and in relation to which a declaration under paragraph 10A(1)(d) is in force. 
 
  institution assisting persons with a print disability  means: 
 
  (a) an educational institution; or               (b) any other institution which has as its principal function, or one of its principal 
functions, the provision of literary or dr amatic works to persons with a print 
disability and in relation to which a d eclaration under paragraph 10A(1)(c) is 
in force. 
 
  international organization to which this Act applies  means an organization that is 
declared by regulations made for the pur poses of section 186 to be an international 
organization to which this Act applies, and includes: 
 
  (a) an organ of, or office within, an organization that is so declared; and 
              (b) a commission, council or  other body established by such an organization or 
organ. 
 
  judicial proceeding  means a proceeding before a court, tribunal or person having by 
law power to hear, receive and examine evidence on oath. 
 
  law of the Commonwealth  includes a law of a Territory. 
 
  literary work  includes: 
 
  (a) a table, or compilation, expressed in words, figures or symbols; and 
  (b) a computer program or compilation of computer programs. 
 
  manuscript , in relation to a literary, dramatic or musical work, means the document 
embodying the work as initially prepared by the author, whether the document is in hardcopy form, electronic form or any other form. 
 
  material form , in relation to a work or an adaptation of a work, includes any form 
(whether visible or not) of storage from which the work or adaptation, or a substantial part of the work or adaptation, can be reproduced. 
 
  non-infringing accessory  means an accessory made in: 
              (a) a country that is a party to the International Convention for the Protection of 
Literary and Artistic Works concl uded at Berne on 9 September 1886 as 
revised from time to time; or  IP/N/1/AUS/C/3 
 Page 25 
 
 
                (b) a country that is a member of the World Trade Organization and has a law 
that provides consistently with the TRIPS Agreement for: 
                           (i) the owne rship and duration of copyright or a related right in works, 
sound recordings and cine matograph films; and 
                           (ii) the owne r of the copyright or related right to have rights relating to 
the reproduction of the work, sound recording or cinematograph film; 
  where:                (c) the making of any copy of a work, or any reproduction of a published edition 
of a work, that is on, or is embodied in, the accessory; or 
              (d) the making of any record embodying a sound recording, or any copy of a 
cinematograph film, that is the accessory; 
  was authorised by the owner of the copy right in that country in the work, edition, 
recording or film, as the case may be. 
 
  non-infringing book  means a book made (otherwise than under a compulsory 
licence) in a country specified in regulations made for the purposes of subsection 184(1), being a book whose making did not constitute an infringement of any 
copyright subsisting in a work, or in a published edition of a work, under a law of that country. 
 
  non-infringing copy  of a sound recording has the meaning given by section 10AA. 
 
  officer in charge  means: 
               (a) in relation to archiv es—the archivist or other person having, for the time 
being, immediate care and control of the collection comprising the archives; 
and 
              (c) in relation to a library —the librarian or other person having, for the time 
being, immediate care and control of the collection comprising the library. 
 
  person with a print disability  means: 
 
  (a) a person without sight; or   (b) a person whose sight is severely impaired; or               (c) a person unable to hold or manipulate books or to focus or move his or her 
eyes; or 
  (d) a person with a perceptual disability. 
 
  photograph  means a product of photography or of a process similar to photography, 
other than an article or thing in which vi sual images forming part of a cinematograph 
film have been embodied, and includes a product of xerography, and photographic  
has a corresponding meaning. 
 
  plate  includes a stereotype, stone, block, mould, matrix, transfer, negative or other 
similar appliance. 
 
  prospective owner  means: 
 
              (a) in relation to a future co pyright that is not the subject of an agreement of a 
kind referred to in subsection 19(1)—the  person who will be the owner of the 
copyright on its coming into existence; or IP/N/1/AUS/C/3 
Page 26  
 
                (b) in relation to a future c opyright that is the subject of such an agreement—the 
person in whom, by virtue of that subsection, the copyright will vest on its coming into existence. 
 
  reception equipment  means equipment whose operation, either alone or together with 
other equipment, enables people to hear or see a work or other subject-matter that is 
communicated. 
 
  record  means a disc, tape, paper or other device in which sounds are embodied. 
 
  retransmission , in relation to a broadcast, means a retransmission of the broadcast, 
where: 
              (a) the content of the broa dcast is unaltered (even if the technique used to 
achieve retransmission is different to  the technique used to achieve the 
original transmission); and 
  (b) either:                             (i) in any case—the retransmission is simultaneous with the original 
transmission; or 
                           (ii) if the retr ansmission is in an area that has, wholly or partly, different 
local time to the area of the original transmission—the retransmission 
is delayed until no later than the equivalent local time. 
 
  sculpture  includes a cast or model made for purposes of sculpture. 
 
  simulcasting  means simultaneously broadcasti ng a broadcasting service in both 
analog and digital form in accordan ce with the requirements of the Broadcasting 
Services Act 1992  or of any prescribed legislativ e provisions relating to digital 
broadcasting. 
 
  sound broadcast  means sounds broadcast otherwise than as part of a television 
broadcast. 
 
  sound recording  means the aggregate of the sounds embodied in a record. 
 
  sound-track , in relation to visual images form ing part of a cinematograph film, 
means: 
               (a) the part of any article or thing, being an article or thing in which those visual 
images are embodied, in which sounds are embodied; or 
              (b) a disc, tape or other device in which sounds are embodied and which is made 
available by the maker of the film for use in conjunction with the article or 
thing in which those visual images are embodied. 
 
  sufficient acknowledgement , in relation to a work, means an acknowledgement 
identifying the work by its title or ot her description and, unless the work is 
anonymous or pseudonymous or the author has previously agreed or directed that an 
acknowledgement of his or her name is not to be made, also identifying the author. 
 
  technological protection measure  means a device or product, or a component 
incorporated into a process, that is designed, in the ordinary course of its operation, to  IP/N/1/AUS/C/3 
 Page 27 
 
 
  prevent or inhibit the infringement of copyright in a work or other subject-matter by 
either or both of the following means: 
               (a) by ensuring that access to  the work or other subject matter is available solely 
by use of an access code or process (including decryption, unscrambling or 
other transformation of the work or othe r subject-matter) with the authority of 
the owner or licensee of the copyright; 
  (b) through a copy control mechanism. 
 
  television broadcast  means visual images broadcast by way of television, together 
with any sounds broadcast for reception along with those images. 
 
  the Australian Broadcasting Commission  means the Australian Broadcasting 
Commission that was established under the Broadcasting and Television Act 1942 . 
 
  the Australian Broadcasting Corporation  means the Australian Broadcasting 
Corporation established under the Australian Broadcasting Corporation Act 1983 . 
 
  the Commonwealth  includes the Administration of a Territory. 
 
  the Copyright Act, 1911  means the Imperial Act known as the Copyright Act, 1911. 
 
  the Copyright Tribunal  or the Tribunal  means the Copyright Tribunal established by 
Part VI, and includes a member of that Tribunal exercising powers of that Tribunal. 
 
  t h e  C r o w n  includes the Crown in right of a State, the Crown in right of the Northern 
Territory and the Crown in right of Norfolk Island and also includes the 
Administration of a Territory other than th e Northern Territory or Norfolk Island. 
 
  the National Librarian  has the same meaning as in the National Library 
Act 1960-1967 . 
 
  the National Library  means the National Library established under the National 
Library Act 1960-1967 . 
 
  the Special Broadcasting Service  means the Special Broadcasting Service that was 
referred to in section 5 of the Special Broadcasting Service Act 1991 . 
 
  the Special Broadcasting Service Corporation  means the body corporate preserved 
and continued in existence as the Spec ial Broadcasting Serv ice Corporation under 
section 5 of the Special Broadcasting Service Act 1991 . 
 
  to the public  means to the public within or outside Australia. 
 
  TRIPS Agreement  means the Agreement on Trade-Related Aspects of Intellectual 
Property Rights set out in Annex 1C to  the Marrakesh Agreement establishing the 
World Trade Organization, done at Marrakesh on 15 April 1994. 
 
              
Note: The English text of the Marrakesh Agreemen t establishing the World Tr ade Organization is set 
out in Australian Treaty Series 1995 No. 8. 
 
  will  includes a codicil. 
 IP/N/1/AUS/C/3 
Page 28  
 
    w o r k  means a literary, dramatic, musical or artistic work. 
 
  work of joint authorship  means a work that has been  produced by the collaboration 
of two or more authors and in which the c ontribution of each author is not separate 
from the contribution of the other author or the contributions of the other authors. 
 
  writing  means a mode of representing or reproducing words, figures or symbols in a 
visible form, and written  has a corresponding meaning. 
  (1A) Without limiting the meaning of the expression educational purposes  in this Act, a 
copy of the whole or a part of a work or other subject-matter shall be taken, for the 
purposes of the provision in which the expression appears, to have been made, used or retained, as the case may be, for the educational purposes of an educational institution if: 
 
              (a) it is made or retained for use, or is used, in connection with a particular 
course of instruction provided by the institution; or 
              (b) it is made or retained for inclusion, or is included, in the collection of a 
library of the institution. 
 (2) Without limiting the meaning of the expression reasonable portion  in this Act, where 
a literary, dramatic or musical work (other than a computer program) is contained in a 
published edition of that work, being an edition of not less than 10 pages, a copy of 
part of that work, as it appears in that edition, shall be taken to contain only a 
reasonable portion of that work if the pages that are copied in the edition: 
               (a) do not exceed, in the aggregate, 10% of the number of pages in that edition; 
or 
              (b) in a case where the work  is divided into chapters exceed, in the aggregate, 
10% of the number of pages in that ed ition but contain only the whole or part 
of a single chapter of the work. 
  (2A) Without limiting the meaning of the expression reasonable portion  in this Act, if a 
person makes a reproduction of a part of: 
               (a) a published literary work (other than a computer program or an electronic 
compilation, such as a database); or 
  (b) a published dramatic work; 
  being a work that is in electronic form, the reproduction is taken to contain only a 
reasonable portion of the work if: 
             (c) the number of words c opied does not exceed, in the aggregate, 10% of the 
number of words in the work; or 
             (d) if the work is divided into chapters—the number of words copied exceeds, in 
the aggregate, 10% of the number of words in the work, but the reproduction 
contains only the whole or part of a single chapter of the work. 
  (2B) If a published literary or dramatic work  is contained in a published edition of the 
work and is separately available in electr onic form, a reproduction of a part of the 
work is taken to contain only a reasonable portion of the work if it is taken to do so 
either under subsection (2) or (2A), whether or not it does so under both of them. 
    IP/N/1/AUS/C/3 
 Page 29 
 
 
  (2C) If: 
               (a) a person makes a reproduc tion of a part of a published literary or dramatic 
work; and 
              (b) the reproduction is take n to contain only a reasonable portion of the work 
under subsection (2) or (2A); 
  subsection (2) or (2A) does not apply in relation to any subsequent reproduction made 
by the person of any other part of the same work. 
  (3) In this Act, unless the contrary intention appears: 
 
  (a) a reference to the body administering an institution shall be read as:                             (i) in a case where the institution is a bod y corporate—a reference to the 
institution; or 
                           (ii) in an y other case—a reference to the body or person (including the 
Crown) having ultimate responsibility for the administration of the institution; 
               (b) a reference to the body administering a library or archives shall be read as a 
reference to the body (whether incorporated or not), or the person (including 
the Crown), having ultimate responsibility for the administration of the 
library or archives; 
              (c) a reference to a copy of  a sound recording shall be read as a reference to a 
record embodying a sound recording or a substantial part of a sound recording being a record derived directly or indirectly from a record produced 
upon the making of a sound recording; 
              (e) a reference to the Crown in right of a State shall be read as including a 
reference to the Crown in right of the Northern Territory and the Crown in right of Norfolk Island; 
              (f) a reference to the cu stodian in charge of the copying records of an 
educational institution, an institution assisting persons with a print disability 
or an institution assisting persons with an intellectual disability shall be read 
as a reference to the person having  responsibility for the day-to-day 
administration of the institution; 
              (g) a reference to the ma king, by reprographic reproduction, of a copy of a 
document, or of the whole or a part of a work, shall be read as a reference to 
the making of a facsimile copy of the do cument or the whole or that part of 
the work, being a facsimile copy of any size or form; 
              (h) a reference to a copy of  a work, or of a part of a work, for a person with a 
print disability is taken to be a reference to: 
                            (i) a record  embodying a sound recording of the work, or of the part of 
the work, being a record made by, or on behalf of, the body 
administering an institution assisti ng persons with a print disability 
and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability; or 
                           (ii) a Bra ille version, large-print versi on or photographic version of the 
work, or of the part of the work, being a Braille version, large-print version or photographic version, as the case may be, made by, or on 
behalf of, the body administering an  institution assisting persons with 
a print disability and so made for the sole purpose of use in the IP/N/1/AUS/C/3 
Page 30  
 
  provision, whether by the institution or otherwise, of assistance to a 
person or persons with a print disability; 
               (ha) a reference to a copy fo r a person with an intellectual disability, in relation to 
the whole or a part of an eligible item within the meaning of Part VB, shall be 
read as a reference to a copy, within the meaning of that Part, of an eligible 
item, or of a part of an eligible item, as the case may be, made by, or on behalf of, the body administering an institution assisting persons with an 
intellectual disability, being a copy that is made for the sole purpose of use in the provision, whether by the instituti on or otherwise, of assistance to a 
person or persons with an intellectual disability; 
              (j) a reference to a microform copy of the whole or a part of a work shall be read 
as a reference to a copy of the whole or a part of the work produced by 
miniaturizing the graphic symbols of which the work is composed; 
              (k) a reference to a periodical publication shall be read as a reference to an issue 
of a periodical publication and a refere nce to articles contained in the same 
periodical publication shall be read as a reference to articles contained in the 
same issue of that periodical publication; 
              (l) a reference to a record embodying a sound recording shall be read as a 
reference to: 
 
   (i) a record produced upon the making of a sound recording; or 
                           (ii) another record embodying the sound recording directly or indirectly 
derived from a record so produced; 
               (m) a reference to a relevant record, or a relevant declaration, in relation to the 
making, in reliance on a particular section (other than section 49): 
                          (i) of a copy, or a copy for a person with a print disability, of the whole 
or a part of a work; or 
                         (ia) of a copy for a person with an intellectual disability of the whole or a 
part of an eligible item; or 
   (ii) of a copy of a sound recording or a cinematograph film; 
  shall be read as a reference to any record or declaration of a kind referred to 
in that section that is required by th is Act to be made in relation to the 
making of that copy; 
 
              (ma) a reference to a relevant  declaration, in relation to the making, in reliance on 
section 49, of a copy of the whole or a part of a work, shall be read as a reference to: 
                         (i) in a case where the copy is made in reliance on subsection 49(2)—a 
declaration of the kind referred to in subsection 49(1) that is furnished in relation to the making of the copy; 
                         (ii) in a case where the copy is made in reliance on subsection 49(2C)—a 
declaration of the kind referred to in paragraph 49(2C)(b) that is made in relation to the making of the copy; or 
                         (iii) in any case—a declaration of the kind referred to in subsection 49(5) 
that is made in relation to the making of the copy; and 
              (n) a reference to a State sh all be read as including a reference to the Northern 
Territory and Norfolk Island and a refere nce to a Territory shall be read as 
not including a reference to the Nort hern Territory or Norfolk Island. 
  IP/N/1/AUS/C/3 
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   (4) Where: 
              (a) a collection of documents or other material of historical significance or public 
interest that is in the custody of a body, whether incorporated or unincorporated, is being maintained by the body for the purpose of 
conserving and preserving those docum ents or other material; and 
              (b) the body does not main tain and operate the collection for the purpose of 
deriving a profit; 
  paragraph (b) of the definition of archives  in subsection (1) applies to that collection. 
 
             
Example: Museums and galleries ar e examples of bodies that coul d have collections covered by 
paragraph (b) of the definition of archives . 
 
10AA  Non-infringing copy  of a sound recording 
 
 Minimum requirements 
  (1) A copy of a sound recording is a non-infringing copy  only if it is made by or with the 
consent of: 
               (a) the owner of the copyright or related right in the sound recording in the 
country (the copy country ) in which the copy was made; or 
 
              (b) the owner of the copyright or related right in the sound recording in the 
country (the original recording country ) in which the sound recording was 
made, if the law of the copy country did not provide for copyright or a related 
right in sound recordings when the sound recording was made; or 
              (c) the maker of the sound recording, if neither the law of the copy country nor 
the law of the original recording co untry (whether those countries are 
different or not) provided for copyright or a related right in sound recordings 
when the sound recording was made. 
 
  Extra requirements for copies of recordings of works subject to Australian copyright 
  (2) If the sound recording is of a work that  is a literary, dramatic or musical work in 
which copyright subsists in Australia, the copy is a non-infringing copy  only if: 
   (a) copyright subsists in the work under the law of the copy country; and 
              (b) the making of the copy does not infringe the copyrigh t in the work under the 
law of the copy country; and 
  (c) the copy country meets the requirements of subsection (3).   To avoid doubt, the requirements of th is subsection are additional to those of 
subsection (1). 
   Requirements for copy country 
 
 (3) The copy country mentioned in subsection (2) must:                (a) be a party to the Inte rnational Convention for the Protection of Literary and 
Artistic Works concluded at Berne on 9 September 1886 as revised from time 
to time; or 
              (b) be a member of the World Trade Organization and have a law that provides 
consistently with the TRIPS Agreement for: IP/N/1/AUS/C/3 
Page 32  
 
                             (i) the ownership and duration of copyright in literary, dramatic and 
musical works; and 
                           (ii) the owner of the copyright in the work to have rights relating to the 
reproduction of the work. 
   Australian copyright may result from Act or regulations 
 
(4) For the purposes of subsection (2) it does not matter whether the copyright in the work 
subsists in Australia as a result of this Act or as a result of the regulations made for the 
purposes of section 184. 
 
10A  Declarations and notices relating to certain bodies and institutions 
 
 (1) The Attorney-General may, by  notice in writing published in the Gazette : 
 
              (c) declare an institution to be, for the purposes of this Act, an institution 
assisting persons with a print disability; or 
              (d) declare an institution to be, for the purposes of this Act, an institution 
assisting persons with an intellectual disability. 
  (2) The Attorney-General may, by notice in writing published in the Gazette , revoke a 
declaration made under subsection (1). 
  (3) The Attorney-General sh all cause a copy of a notice under subsection (1) or (2) to be 
laid before each House of the Parliament with in 15 sitting days of that House after the 
notice is published in the Gazette . 
 
 (4) The body administering an institution may cause to be published in the Gazette a 
notice that: 
   (a) sets out full particulars of the name and address of the institution; and 
              (aa) sets out the principal function or principal functions of the institution or of an 
undertaking within the body administering the institution; and 
              (b) contains a statement to the effect that the notice is  published for the purposes 
of this subsection. 
  (5) The body administering an institution may cause to be published in the Gazette a 
notice revoking a notice published under subsec tion (4) in relation to the institution. 
  (5A) A collecting society may apply to the Copyright Tribunal for review of a declaration 
included in a notice published under subsec tion (4) of this section for the purposes of 
paragraph (g), (h) or (i) of the definition of educational institution  in 
subsection 10(1). 
 
  
Note: For applications to the Tr ibunal for review see section 153L. 
 
 (6) In this section, institution  includes a school of nursing, an undertaking within a 
hospital, a teacher education centre and an  undertaking within a body administering 
an educational institution. 
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  11 Residence in a country not affected by temporary absence 
 
  For the purposes of this Act, a person who, at a material time, was ordinarily resident 
in a country (including Australia) but was temporarily absent from that country shall be treated as if he or she had been r esident in that country at that time. 
 
12  References to Parliament 
 
  A reference in this Act to a Parliament sh all be read as a reference to the Parliament 
of the Commonwealth or of a State or a legislature of a Territory. 
 
13  Acts comprised in copyright 
 
 (1) A reference in this Act to an act comp rised in the copyright in a work or other 
subject-matter shall be read as a reference to  any act that, under this Act, the owner of 
the copyright has the ex clusive right to do. 
 (2) For the purposes of this Ac t, the exclusive right to do an  act in relation to a work, an 
adaptation of a work or any other subject -matter includes the exclusive right to 
authorize a person to do that act in relation to that work, adaptation or other subject-matter. 
 14  Acts done in relation to substantial part of work or other subject-matter deemed to be done 
in relation to the whole 
 
 (1) In this Act, unless the contrary intention appears: 
 
              (a) a reference to the doing of  an act in relation to a work or other subject-matter 
shall be read as including a reference to the doing of that act in relation to a 
substantial part of the work or other subject-matter; and 
              (b) a reference to a reproducti on, adaptation or copy of a work shall be read as 
including a reference to a reproduction, adaptation or copy of a substantial 
part of the work, as the case may be. 
 
 (2) This section does not affect the interpre tation of any reference in sections 32, 177, 
180, 187 and 198 to the publication, or absence of publication, of a work. 
 
15  References to acts done with licence of owner of copyright 
 
  For the purposes of this Act, an act sha ll be deemed to have been done with the 
licence of the owner of a copyright if the doi ng of the act was authorized by a licence 
binding the owner of the copyright. 
 
16  References to partial assignment of copyright 
 
  A reference in this Act to a partial assignment of copyright shall be read as a 
reference to an assignment of copyright that is limited in any way. 
 
17  Statutory employment 
 
  For the purposes of this Act, the employment of a person, or the employment of a 
person as an apprentice, under a law of the Commonwealth or of a State but otherwise than under a contract of service or contract of apprenticeship shall be IP/N/1/AUS/C/3 
Page 34  
 
  treated as if that employment were em ployment under a contract of service or 
employment under a contract of apprenticeship, as the case may be. 
 
18  Libraries established or conducted for profit 
   For the purposes of this Act, a library shall not be taken to be established or 
conducted for profit by reason only that the library is owned by a person carrying on 
business for profit. 
 
19  References to Copyright Act, 1911 
 
  A reference in a provision of this Act to the Copyright Act, 1911, in relation to any 
time before the commencement of this Act, shall, for the purposes of the application 
of that provision in relation to a State or a Territory, be read as a reference to the 
Copyright Act, 1911 as it applied in that State or Territory at that time. 
 
20  Names under which work is published 
 
 (1) A reference in this Act to the name or names under which a work was published shall 
be read as a reference to the name or name s specified in the work as the name of the 
author or the names of the authors of the work. 
 
 (2) For the purposes of this Act, a publication of a work under two or more names shall 
not be taken to be pseudonymous unless all those names are pseudonyms. 
 
21  Reproduction and copying of works and other subject-matter 
 
 (1) For the purposes of this Act, a literary, dr amatic or musical work shall be deemed to 
have been reproduced in a material form if a sound recording or cinematograph film 
is made of the work, and any record embodying such a recording and any copy of such a film shall be deemed to be a reproduction of the work. 
 
 (1A) For the purposes of this Act, a work is taken to have been reproduced if it is 
converted into or from a digital or other electronic machine-readable form, and any article embodying the work in such a form is taken to be a reproduction of the work. 
 
              
Note: The reference to the conversion of a work into a digital or other electronic machine-readable 
form includes the first digitisation of the work. 
 
 (2) Subsections (1) and (1A) apply in relation to an adaptation of a work in the same way 
as they apply in relation to a work. 
  (3) For the purposes of this Act, an artis tic work shall be deemed to have been 
reproduced: 
 
              (a) in the case of a work in  a two-dimensional form—if a version of the work is 
produced in a three-dimensional form; or 
              (b) in the case of a work in a three-dimensional form—if a version of the work is 
produced in a two-dimensional form; 
  and the version of the work so produced shall be deemed to be a reproduction of the 
work. 
  (4) The last preceding subsection has effect subject to Division 7 of Part III.  IP/N/1/AUS/C/3 
 Page 35 
 
 
   
 (5) For the purposes of this Act, a computer program is taken to have been reproduced if: 
               (a) an object code version of the program is derived from the program in source 
code by any process, including compilation; or 
              (b) a source code version of the program is derived from the program in object 
code by any process, including decompilation; 
  and any such version is taken to be a reproduction of the program. 
  (6) For the purposes of this Act, a sound r ecording or cinematograph film is taken to 
have been copied if it is converted in to or from a digital or other electronic 
machine-readable form, and any article em bodying the recording or film in such a 
form is taken to be a copy of the recording or film. 
 
              
Note: The reference to the conversion of a sound reco rding or cinematograph film into a digital or 
other electronic machine-readable form includes the first digitisation of the recording or film. 
 
22  Provisions relating to the making of a work or other subject-matter 
 
 (1) A reference in this Act to the time wh en, or the period during which, a literary, 
dramatic, musical or artistic work was made shall be read as a reference to the time 
when, or the period during which, as the ca se may be, the work was first reduced to 
writing or to some other material form. 
 
 (2) For the purposes of this Act, a literary, dr amatic or musical work that exists in the 
form of sounds embodied in an article or th ing shall be deemed to have been reduced 
to a material form and to have been so reduced at the time when those sounds were 
embodied in that article or thing. 
 
 (3) For the purposes of this Act:                (a) a sound recording shall be deemed to have been made at the time when the 
first record embodying the recording was produced; and 
              (b) the maker of the sound r ecording is the person who owned that record at that 
time. 
  (4) For the purposes of this Act:                (a) a reference to the making of a cinematograph film shall be read as a reference 
to the doing of the things necessary for th e production of the first copy of the 
film; and 
              (b) the maker of the cine matograph film is the person by whom the arrangements 
necessary for the making of the film were undertaken. 
 
 (5) For the purposes of this Act, a broadcast  is taken to have been made by the person 
who provided the broadcasting service by which the broadcast was delivered. 
  (6) For the purposes of this Act, a communica tion other than a broadcast is taken to have 
been made by the person responsible for determining the content of the 
communication. 
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Page 36  
 
  23  Sound recordings and records 
 
 (1) For the purposes of this Act, sounds emb odied in a sound-track associated with visual 
images forming part of cinematograph film  shall be deemed not to be a sound 
recording. 
 
 (2) A reference in this Act to a record of a work or other subject-matter shall, unless the 
contrary intention appears, be read as a re ference to a record by means of which the 
work or other subject-matter can be performed. 
 24  References to sounds and visual images embodied in an article 
 
  For the purposes of this Act, sounds or visual images shall be taken to have been 
embodied in an article or thing if the article or thing has been so treated in relation to 
those sounds or visual images that those s ounds or visual images are capable, with or 
without the aid of some other device, of being reproduced from the article or thing. 
 
25  Provisions relating to broadcasting 
 
 (1) A reference in this Act to broadcasting sh all, unless the contrary intention appears, be 
read as a reference to broadcasting whether by way of sound broadcasting or of 
television. 
  (2) A reference in this Act to the doing of an act by the reception of a television 
broadcast or sound broadcast shall be read as a reference to the doing of that act by means of receiving a broadcast: 
 
  (a) from the transmission by which the broadcast is made; or               (b) from a transmission ma de otherwise than by way of broadcasting, but 
simultaneously with the transmission referred to in the last preceding paragraph; 
  whether the reception of the broadcast is directly from the transmission concerned or 
from a re-transmission made by any person from any place. 
  (3) Where a record embodying a sound recording or a copy of a cinematograph film is 
used for the purpose of making a broad cast (in this subsection referred to as the 
primary broadcast ), a person who makes a broadcast (in this subsection referred to as 
the secondary broadcast ) by receiving and making a retransmission of: 
   (a) the transmission by which the primary broadcast was made; or               (b) a transmission made otherwise than by way of broadcasting but 
simultaneously with the transmission referred to in the last preceding paragraph; 
  shall, for the purposes of this Act, be deem ed not to have used th e record or copy for 
the purpose of making the secondary broadcast. 
  (4) In this Act:  
              (a) a reference to a cinematograph film of a television broadcast shall be read as 
including a reference to a cinematograph film, or a photograph, of any of the visual images comprised in the broadcast; and  IP/N/1/AUS/C/3 
 Page 37 
 
 
                (b) a reference to a copy of a cinematograph film of a television broadcast shall 
be read as including a reference to a copy of a cinematograph film, or a reproduction of a photograph, of any of those images. 
 
27  Performance 
 
 (1) Subject to this section, a refere nce in this Act to performance shall: 
               (a) be read as including a reference to any mode of visual or aural presentation, 
whether the presentation is by the use of reception equipment, by the 
exhibition of a cinematograph film, by the use of a record or by any other 
means; and 
              (b) in relation to a lecture, address, speech or sermon—be read as including a 
reference to delivery; 
  and a reference in this Act to performi ng a work or an adaptation of a work has a 
corresponding meaning. 
  (2) For the purposes of this Act, the communi cation of a work or other subject-matter to 
the public does not constitute: 
   (a) performance; or 
  (b) causing visual images to be seen or sounds to be heard. 
  (3) Where visual images or sounds are displayed or emitted by any reception equipment 
to which they are communicated, the ope ration of any equipment by which the 
images or sounds are communicated, directly or indirectly, to the reception equipment 
shall be deemed not to constitute performan ce or to constitute causing visual images 
to be seen or sounds to be heard but, in so far as the display or emission of the images 
or sounds constitutes a performance, or causes the images to be seen or the sounds to 
be heard, the performance, or the causing of  the images to be seen or sounds to be 
heard, as the case may be, shall be deemed to be effected by the operation of the 
reception equipment. 
 
 (4) Without prejudice to the last two preceding subsections, where a work or an 
adaptation of a work is performed or visual  images are caused to be seen or sounds to 
be heard by the operation of any equipmen t referred to in the last preceding 
subsection or of any equipment for reproduc ing sounds by the use of a record, being 
equipment provided by or with the consent of the occupier of the premises where the 
equipment is situated, the occupier of those premises shall, for the purposes of this Act, be deemed to be the person giving the performance or causing the images to be seen or the sounds to be heard, whethe r he or she is the person operating the 
equipment or not. 
 
 (5) This section does not apply to a performance within the meaning of Part XIA. 
 
28  Performance of works or other subject-matt er in the course of educational instruction 
 
 (1) Where a literary, dramatic or musical work: 
  (a) is performed in class, or otherwise in the presence of an audience; and 
              (b) is so performed by a teacher in the course of giving educational instruction, 
not being instruction given for profit, or by a student in the course of receiving such instruction; IP/N/1/AUS/C/3 
Page 38  
 
    the performance shall, for the purposes of this Act, be deemed not to be a 
performance in public if the audience is limit ed to persons who are taking part in the 
instruction or are otherwise directly connect ed with the place where the instruction is 
given. 
 
 (2) For the purposes of the last preceding s ubsection, educational in struction given by a 
teacher at a place of education that is not conducted for profit shall not be taken to be 
given for profit by reason only that the t eacher receives remuneration for giving the 
instruction. 
 
 (3) For the purposes of subsection (1), a person shall not be ta ken to be directly 
connected with a place where instruction is given by reason only that he or she is a 
parent or guardian of a student who receives instruction at that place. 
  (4) The last three preceding subsections a pply in relation to sound recordings and 
cinematograph films in like manner as they a pply in relation to literary, dramatic and 
musical works but, in the application of those subsections in relation to such recordings or films, any reference to perfo rmance shall be read as a reference to the 
act of causing the sounds concerned to be h eard or the visual images concerned to be 
seen. 
 29  Publication 
 
 (1) Subject to this section, for the purposes of this Act:                (a) a literary, dramatic, musical or artistic work, or an edition of such a work, 
shall be deemed to have been publishe d if, but only if, reproductions of the 
work or edition have been supplied (whether by sale or otherwise) to the public; 
              (b) a cinematograph film sh all be deemed to have b een published if, but only if, 
copies of the film have been sold, let on hire, or offered or exposed for sale or 
hire, to the public; and 
              (c) a sound recording shall be deemed to have been published if, but only if, 
records embodying the recording or a part of the recording have been 
supplied (whether by sale or otherwise) to the public. 
  (2) In determining, for the purposes of para graph (1)(a), whether reproductions of a work 
or edition have been supplied to th e public, section 14 does not apply. 
  (3) For the purposes of this Act, the performan ce of a literary, dramatic or musical work, 
the supplying (whether by sale or otherwise) to the public of records of a literary, dramatic or musical work, the exhibition of  an artistic work, the construction of a 
building or of a model of a building, or th e supplying (whether by sale or otherwise) 
to the public of photographs or engravings of a building, of a model of a building or 
of a sculpture, does not constitute publication of the work. 
  (4) A publication that is merely colourable and is not intended to satisfy the reasonable 
requirements of the public shall be disregarded for the purposes of this Act except in 
so far as it may constitute an infringement of copyright or a breach of a duty under 
Part IX. 
  (5) For the purposes of this Act, a publication in Australia or in any other country shall 
not be treated as being other than the first publication by reason only of an earlier  IP/N/1/AUS/C/3 
 Page 39 
 
 
  publication elsewhere, if the two publications took place within a period of not more 
than thirty days. 
  (6) In determining, for the purpo ses of any provision of this Act: 
 
  (a) whether a work or other subject-matter has been published; 
              (b) whether a publication of a work or other subject-matter was the first 
publication of the work or other subject-matter; or 
              (c) whether a work or othe r subject-matter was published or otherwise dealt with 
in the life-time of a person; 
  any unauthorized publication or the doing of any other unauthorized act shall be 
disregarded. 
  (7) Subject to section 52, a publication or other act shall, for the purposes of the last 
preceding subsection, be taken to have  been unauthorized if, but only if: 
 
              (a) copyright subsisted in the work or other subject-matter and the act concerned 
was done otherwise than by, or with the licence of, the owner of the copyright; or 
              (b) copyright did not subsist in the work or other subject-matter and the act 
concerned was done otherwise than by, or with the licence of: 
 
                           (i) the author  or, in the case of a sound reco rding, cinematograph film or 
edition of a work, the maker or publisher, as the case may be; or 
   (ii) persons lawfully claiming under the author, maker or publisher. 
 
 (8) Nothing in either of the last two precedi ng subsections affects any provisions of this 
Act relating to the acts comprised in a copyright or to acts constituting infringements of copyrights or any provisions of Part IX. 
 
30  Ownership of copyright for particular purposes 
   In the case of a copyright of which (whether as a result of a partial assignment or 
otherwise) different persons are the owne rs in respect of its application to: 
   (a) the doing of different acts or classes of acts; or               (b) the doing of one or more acts or classes of acts in different countries or at 
different times; 
  the owner of the copyright, for any purpose of this Act, shall be deemed to be the 
person who is the owner of the copyright in respect of its application to the doing of the particular act or class of acts, or to the doing of the particular act or class of acts in the particular country or at the particular time, as the case may be, that is relevant to that purpose, and a reference in this Act to the prospective owner of a future 
copyright of which different persons are th e prospective owners has a corresponding 
meaning. 
 
30A  Commercial rental arrangement 
  (1) In this Act, the expression commercial rental arrangement , in relation to a work 
reproduced in a sound recording, signifies an arrangement that has the following features: 
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Page 40  
 
                (a) however the arrangement  is expressed, it is in substance an arrangement 
under which a copy of the sound record ing is made available by a person on 
terms that it will or may be returned to the person; 
  (b) the arrangement is made in the course of the conduct of a business;   (c) the arrangement provides for the copy to be made available: 
   (i) for payment in money or money’s worth; or 
                           (ii) as part of the provision of a service for which payment in money or 
money’s worth is to be made. 
  (2) In this Act, the expression commercial rental arrangement , in relation to a sound 
recording or a computer program, signifies an arrangement that has the following 
features: 
               (a) however the arrangement  is expressed, it is in substance an arrangement 
under which a copy of the sound recording or computer program is made 
available by a person on terms that it w ill or may be returned to the person; 
  (b) the arrangement is made in the course of the conduct of a business;   (c) the arrangement provides for the copy to be made available: 
   (i) for payment in money or money’s worth; or                            (ii) as part of the provision of a service for which payment in money or 
money’s worth is to be made. 
 
 (3) It is not the intention of the Parliament  that a lending arrangement should be regarded 
as a commercial rental arrangement for the purposes of subsection (1) or (2). 
  (4) An arrangement is to be regarded as a lending arrangement if, regardless of the way 
in which the arrangement is expressed, the true  nature of the arrangement is that it is 
an arrangement for the lending of a copy of a sound recording or computer program under which no amount, other than a deposit to  secure the return of the copy, is 
payable. 
 
Part III—Copyright in original literary, dramatic, musical and artistic works 
 
Division 1—Nature, duration and ownership of copyright in works 
 
31  Nature of copyright in original works 
  (1) For the purposes of this Act, unless the c ontrary intention appears, copyright, in 
relation to a work, is the exclusive right: 
               (a) in the case of a literary, dramatic or musical work, to do all or any of the 
following acts: 
 
   (i) to reproduce the work in a material form; 
   (ii) to publish the work;    (iii) to perform the work in public;    (iv) to communicate the work to the public;    (vi) to make an adaptation of the work; 
                           (vii) to do, in  relation to a work that is an adaptation of the first-mentioned 
work, any of the acts specified in re lation to the first-mentioned work 
in subparagraphs (i) to (iv), inclusive; and 
  IP/N/1/AUS/C/3 
 Page 41 
 
 
    (b) in the case of an artistic work, to do all or any of the following acts: 
    (i) to reproduce the work in a material form;    (ii) to publish the work;    (iii) to communicate the work to the public; and 
 
              (c) in the case of a literary work (other than a computer program) or a musical or 
dramatic work, to enter into a commerc ial rental arrangement in respect of 
the work reproduced in a sound recording; and 
              (d) in the case of a computer program, to enter into a commercial rental 
arrangement in respect of the program. 
  (2) The generality of subparagraph (1)(a)(i) is not affected by subparagraph (1)(a)(vi). 
  (3) Paragraph (1)(d) does not extend to entr y into a commercial rental arrangement in 
respect of a machine or device in which a computer program is embodied if the 
program is not able to be copied in the course of the ordinary use of the machine or device. 
  (4) The reference in subsection (3) to a device does not include a device of a kind 
ordinarily used to store computer programs (for example, a floppy disc, a device of 
the kind commonly known as a CD ROM, or an integrated circuit). 
  (5) Paragraph (1)(d) does not extend to entry into a commercial rental arrangement if the 
computer program is not the essential object of the rental. 
 
 (6) Paragraph (1)(c) does not extend to entr y into a commercial rental arrangement if: 
               (a) the copy of the sound recording concerned was purchased by a person ( the 
record owner ) before the commencement of Part 2 of the Copyright (World 
Trade Organization Amendments) Act 1994 ; and 
              (b) the commercial rental arra ngement is entered into in the ordinary course of a 
business conducted by the record owner; and 
              (c) the record owner was conducting the same business, or another business that 
consisted of, or included, the making of  commercial rental arrangements of 
the same kind, when the copy was purchased. 
 
 (7) Paragraph (1)(d) does not extend to entr y into a commercial rental arrangement in 
respect of a computer program if: 
               (a) the copy of the computer program was purchased by a person ( the program 
owner ) before the commencement of Part 2 of the Copyright (World Trade 
Organization Amendments) Act 1994 ; and 
              (b) the commercial rental arra ngement is entered into in the ordinary course of a 
business conducted by the program owner; and 
              (c) the program owner was conducting the same business, or another business 
that consisted of, or included, the ma king of commercial rental arrangements 
in respect of computer programs, when the copy was purchased. 
 
32  Original works in which copyright subsists 
 
 (1) Subject to this Act, copyright subsists in an original literary, dramatic, musical or 
artistic work that is unpublished and of which the author: IP/N/1/AUS/C/3 
Page 42  
 
   
  (a) was a qualified person at the time when the work was made; or               (b) if the making of th e work extended over a period—was a qualified person for 
a substantial part of that period. 
 
 (2) Subject to this Act, where an original literary, dramatic, musical or artistic work has 
been published: 
  (a) copyright subsists in the work; or               (b) if copyright in the wo rk subsisted immediately be fore its first publication—
copyright continues to subsist in the work; 
  if, but only if: 
  (c) the first publication of the work took place in Australia;               (d) the author of the work  was a qualified person at the time when the work was 
first published; or 
              (e) the author died befo re that time but was a qualified person immediately 
before his or her death. 
  (3) Notwithstanding the last preceding subsecti on but subject to the remaining provisions 
of this Act, copyright subsists in: 
   (a) an original artistic work that is a building situated in Australia; or 
  (b) an original artistic work that is att ached to, or forms part of, such a building. 
  (4) In this section, qualified person  means an Australian citizen, an Australian protected 
person or a person resident in Australia. 
 33  Duration of copyright in original works 
 
 (1) This section has effect subject to subsection 32(2) and to section 34.   (2) Subject to this section, where, by virtue of this Part, copyright subsists in a literary, 
dramatic or musical work, or in an artistic work other than a photograph, that 
copyright continues to subsist until the expi ration of 50 years after the expiration of 
the calendar year in which the author of the work died. 
  (3) If, before the death of the author of a literary work (other than a computer program) 
or a dramatic or musical work: 
 
  (a) the work had not been published;   (b) the work had not been performed in public;   (c) the work had not been broadcast; and   (d) records of the work had not been offered or exposed for sale to the public; 
  the copyright in the work continues to su bsist until the expiration of 50 years after the 
expiration of the calendar year in which th e work is first published, performed in 
public, or broadcast, or records of the work are first offered or exposed for sale to the 
public, whichever is the earliest of those events to happen. 
  (4) A reference in the last preceding subsection to the doing of an act in relation to a 
work shall be read as including a reference to the doing of that act in relation to an 
adaptation of the work. 
  (5) If, before the death of the author of an engraving, the engraving had not been 
published, the copyright in the engraving continues to subsist until the expiration  IP/N/1/AUS/C/3 
 Page 43 
 
 
  of 50 years after the expiration of the cale ndar year in which the engraving is first 
published. 
  (6) Copyright subsisting in a photograph by virt ue of this Part continues to subsist until 
the expiration of 50 years after the expiration of the calendar year in which the 
photograph is first published. 
 
34  Duration of copyright in anonymous and pseudonymous works 
 
 (1) Subject to the next succeeding subsecti on, where the first publication of a literary, 
dramatic or musical work, or of an artistic work other than a photograph, is 
anonymous or pseudonymous, the last preced ing section does not apply in relation to 
the work but any copyright subsisting in the wo rk by virtue of this Part continues to 
subsist until the expiration of the period of 50 years after the expiration of the 
calendar year in which the work was first published. 
 
 (2) The last preceding subsection does not a pply in relation to a work if, at any time 
before the expiration of the period referred to  in that subsection, the identity of the 
author of the work is generally known or can be ascertained by reasonable inquiry. 
 
35  Ownership of copyright in original works 
 
 (1) This section has effect subject to Parts VII and X.   (2) Subject to this section, the author of a literary, dramatic, musical or artistic work is 
the owner of any copyright subsisting in the work by virtue of this Part. 
 
 (3) The operation of any of the next three succeeding subsections in relation to copyright 
in a particular work may be excluded or modified by agreement. 
  (4) If a literary, dramatic or artistic work:  
              (a) is made by the author under the terms of his or her employment by the 
proprietor of a newspaper, magazine or similar periodical under a contract of 
service or apprenticeship; and 
              (b) is so made for the purpose of inclusion in a newspaper, magazine or similar 
periodical; 
  the following paragraphs apply: 
              (c) the author is the owner of the copyright only in so far as the copyright relates 
to: 
    (i) reproduction of the work for the purpose of inclusion in a book; or                            (ii) reproduction of the work in the form of a hard copy facsimile (other 
than a hard copy facsimile made as part of a process of transmission) 
made from a paper edition of, or from another hard copy facsimile made from a paper edition of, an issue of the newspaper, magazine or similar periodical, but not including reproduction by the proprietor for a purpose connected with the publication of the newspaper, 
magazine or similar periodical; 
               (d) except as provided by paragraph (c), the proprietor is the owner of the 
copyright. 
 IP/N/1/AUS/C/3 
Page 44  
 
   (5) Subject to the last preceding subsection, where: 
               (a) a person makes, for valu able consideration, an ag reement with another person 
for the taking of a photograph for a private or domestic purpose, the painting or drawing of a portrait or the making of an engraving by the other person; 
and 
              (b) the work is made in pursuance of the agreement;   the first-mentioned person is the owner of any copyright subsisting in the work by 
virtue of this Part, but, if at the time the agreement was made that person made known, expressly or by implication, to the author of the work the purpose for which 
the work was required, the author is entitle d to restrain the doing, otherwise than for 
that purpose, of any act comprised in the copyright in the work. 
  (6) Where a literary, dramatic or artistic work  to which neither of the last two preceding 
subsections applies, or a musical work, is made by the author in pursuance of the 
terms of his or her employment by anot her person under a contract of service or 
apprenticeship, that other person is the owne r of any copyright subsisting in the work 
by virtue of this Part. 
 
(7) In this section: 
 
  hard copy facsimile , in relation to a literary, drama tic or artistic work, means a 
facsimile which is in a material form and from which the work is visible to a human 
being without the use of any device. 
 
  private or domestic purpose  includes a portrait of family members, a wedding party 
or children. 
 
Division 2—Infringement of copyright in works 
 36  Infringement by doing acts comprised in the copyright 
  (1) Subject to this Act, the copyright in a literary, dramatic, musical or artistic work is 
infringed by a person who, not being the ow ner of the copyright, and without the 
licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comp rised in the copyright. 
 
 (1A) In determining, for the purposes of subsection (1), whether or not a person has 
authorised the doing in Australia of any act  comprised in the copyright in a work, 
without the licence of the owner of the copyright, the matters that must be taken into account include the following: 
               (a) the extent (if any) of the person’s power to prevent the doing of the act 
concerned; 
              (b) the nature of any re lationship existing between th e person and the person who 
did the act concerned; 
              (c) whether the person took any reasonable steps to prevent or avoid the doing of 
the act, including whether the person complied with any relevant industry 
codes of practice. 
  (2) The next three succeeding sections do no t affect the generality of this section. 
  IP/N/1/AUS/C/3 
 Page 45 
 
 
  37  Infringement by importation for sale or hire  
 
 (1) Subject to Division 3, the copyright in a literary, dramatic, musical or artistic work is 
infringed by a person who, without the licence of the owner of the copyright, imports an article into Australia for the purpose of: 
 
              (a) selling, letting for hire, or by way of trade offering or exposing for sale or 
hire, the article; 
  (b) distributing the article:  
   (i) for the purpose of trade; or 
                           (ii) for an y other purpose to an extent that will affect prejudicially the 
owner of the copyright; or 
   (c) by way of trade exhibiting the article in public; 
  if the importer knew, or ought reasonabl y to have known, that the making of the 
article would, if the article had been ma de in Australia by the importer, have 
constituted an infringement of the copyright. 
  (2) In relation to an accessory to an article that is or includes a copy of a work, being a 
copy that was made without the licence of the owner of the copyright in the work in 
the country in which the copy was made, sub section (1) has effect as if the words “the 
importer knew, or ought reasonably to  have known, that” were omitted. 
 
38  Infringement by sale and other dealings 
  (1) Subject to Division 3, the copyright in a literary, dramatic, musical or artistic work is 
infringed by a person who, in Australia, and without the licence of the owner of the copyright: 
               (a) sells, lets for hire, or by way of trade offers or exposes for sale or hire, an 
article; or 
  (b) by way of trade exhibits an article in public; 
  if the person knew, or ought reasonably to have known, that the making of the article 
constituted an infringement of the copyright  or, in the case of an imported article, 
would, if the article had been made in Australia by the importer, have constituted 
such an infringement. 
 
 (2) For the purposes of the last preceding su bsection, the distribution of any articles: 
   (a) for the purpose of trade; or               (b) for any other purpose to an  extent that affects prejudicially the owner of the 
copyright concerned; 
  shall be taken to be the sale of those articles. 
 
39  Infringement by permitting place of public entertainment to be used for performance of 
work 
  (1) The copyright in a literary, dramatic or  musical work is infringed by a person who 
permits a place of public entertainment to be  used for the performance in public of the 
work, where the performance constitutes an infringement of the copyright in the 
work. 
 IP/N/1/AUS/C/3 
Page 46  
 
   (2) This section does not apply where the person permitting the place to be so used 
establishes: 
               (a) that he or she was not  aware, and had no reasonable grounds for suspecting, 
that the performance would be an infringement of the copyright; or 
              (b) that he or she gave th e permission gratuitously, or for a consideration that 
was only nominal or, if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him or her by reason of the use of 
the place for the performance. 
 
 (3) In this section, place of public entertainment  includes any premises that are occupied 
principally for purposes other than public entertainment but are from time to time 
made available for hire for purposes of public entertainment. 
 
39A  Infringing copies made on mach ines installed in libraries and archives 
 
  Where:                (a) a person makes an infringing copy of, or of part of, a work on a machine 
(including a computer), being a machine installed by or with the approval of 
the body administering a library or archives on the premises of the library or 
archives, or outside those premises for the convenience of persons using the 
library or archives; and 
              (b) there is affixed to, or in close proximity to, the machine, in a place readily 
visible to persons using the machine, a notice of the prescribed dimensions 
and in accordance with the prescribed form; 
  neither the body administering the library or  archives nor the officer in charge of the 
library or archives shall be taken to have authorized the making of the infringing copy by reason only that the copy was made on that machine. 
 
39B  Communication by use of certain facilities 
   A person (including a carrier or carriage service provider) who provides facilities for 
making, or facilitating the making of, a communication is not taken to have 
authorised any infringement of copyright in a work merely because another person 
uses the facilities so provided to do something the right to do which is included in the 
copyright. 
 
Division 3—Acts not constituting infringements of copyright in works 
 40  Fair dealing for purpose of research or study 
 
 (1) A fair dealing with a literary, dramatic, mu sical or artistic work, or with an adaptation 
of a literary, dramatic or musical work, for the purpose of research or study does not 
constitute an infringement of the copyright in the work. 
  (1A) A fair dealing with a literary work (o ther than lecture notes) does not constitute an 
infringement of the copyright in the work if it is for the purpose of, or associated 
with, an approved course of study or research by an enrolled external student of an 
educational institution. 
  IP/N/1/AUS/C/3 
 Page 47 
 
 
   (1B) In subsection (1A) the expression lecture notes  means any literary work produced for 
the purpose of the course of study or research by a person lecturing or teaching in or in connection with the course of study or research. 
  (2) For the purposes of this Act, the matters to  which regard shall be had, in determining 
whether a dealing with a literary, dramatic, musical or artistic work or with an 
adaptation of a literary, dramatic or musical work, being a dealing by way of reproducing the whole or a part of the work  or adaptation, constitutes a fair dealing 
with the work or adaptation for the purpose of research or study include: 
 
  (a) the purpose and character of the dealing; 
  (b) the nature of the work or adaptation;               (c) the possibility of obtainin g the work or adaptation within a reasonable time at 
an ordinary commercial price; 
              (d) the effect of the deali ng upon the potential market for, or value of, the work 
or adaptation; and 
              (e) in a case where part only of the work or adaptation is reproduced—the 
amount and substantiality of the part c opied taken in relation to the whole 
work or adaptation. 
  (3) Notwithstanding subsection (2), a dealing with a literary, dramatic or musical work, 
or with an adaptation of such a work, being a dealing by way of the reproducing, for 
the purposes of research or study: 
               (a) if the work or adaptati on comprises an article in a periodical publication—of 
the whole or a part of that work or adaptation; or 
              (b) in any other case—of not more than a reasonable portion of the work or 
adaptation; 
              shall be taken to be a fair dealing with that work or adaptation for the purpose of 
              research or study.   (4) Subsection (3) does not apply to a dealing by way of reproducing the whole or a part 
of an article in a periodical publication if a nother article in that publication, being an 
article dealing with a different s ubject matter, is also reproduced. 
 
41  Fair dealing for purpose of criticism or review 
   A fair dealing with a literary, dramatic, mu sical or artistic work, or with an adaptation 
of a literary, dramatic or musical work, does not constitute an infringement of the 
copyright in the work if it is for the purpo se of criticism or review, whether of that 
work or of another work, and a sufficien t acknowledgement of the work is made. 
 
42  Fair dealing for purpose of reporting news 
 
 (1) A fair dealing with a literary, dramatic, mu sical or artistic work, or with an adaptation 
of a literary, dramatic or musical work, does not constitute an infringement of the 
copyright in the work if: 
 
              (a) it is for the purpose of, or is associated with, the reporting of news in a 
newspaper, magazine or similar peri odical and a sufficient acknowledgement 
of the work is made; or 
              (b) it is for the purpose of, or is associated with, the reporting of news by means 
of a communication or in a cinematograph film. IP/N/1/AUS/C/3 
Page 48  
 
   
 (2) The playing of a musical work in th e course of reporting news by means of a 
communication or in a cinematograph film is not a fair dealing with the work for the 
purposes of this section if the playing of th e work does not form part of the news 
being reported. 
 
43  Reproduction for purpose of judicial  proceedings or professional advice  
 
 (1) The copyright in a literary, dramatic, mu sical or artistic work is not infringed by 
anything done for the purposes of a judicial proceeding or of a report of a judicial 
proceeding. 
  (2) A fair dealing with a literary, dramatic, mu sical or artistic work does not constitute an 
infringement of the copyright in the work if it is for the purpose of the giving of professional advice by: 
 
  (a) a legal practitioner; or   (b) a person registered as a patent attorney under the Patents Act 1990 ; or 
              (c) a person registered as a trade marks attorney under the Trade Marks 
Act 1995 . 
 43A  Temporary reproductions made in the course of communication 
 
 (1) The copyright in a work , or an adaptation of a work, is not infringed by making a 
temporary reproduction of the work or adaptation as part of the technical process of making or receiving a communication. 
 
 (2) Subsection (1) does not apply in relation to the making of a temporary reproduction 
of a work, or an adaptation of a work, as part of the technical process of making a communication if the making of the communication is an infringement of copyright. 
 
44  Inclusion of works in collectio ns for use by places of education 
 
 (1) The copyright in a published literary, dr amatic, musical or artistic work is not 
infringed by the inclusion of a short ex tract from the work, or, in the case of a 
published literary, dramatic or musical work , from an adaptation of the work, in a 
collection of literary, dramatic, musical or artistic works contained in a book, sound 
recording or cinematograph film and intended for use by places of education if: 
               (a) the collection is describe d in an appropriate place in the book, on the label of 
each record embodying the recording or of its container, or in the film, as being intended for use by places of education; 
              (b) the work or adaptation was not published for the purpose of being used by 
places of education; 
              (c) the collection consists  principally of matter in which copyright does not 
subsist; and 
  (d) a sufficient acknowledgement of the work or adaptation is made.  
 (2) The last preceding subsection does not appl y in relation to the copyright in a work if, 
in addition to the extract concerned, 2 or more other extracts from, or from adaptations of, works (being works in which copyright subsists at the time when the 
collection is published) by the author of the first-mentioned work are contained in 
that collection, or are contained in that collection taken together with every similar  IP/N/1/AUS/C/3 
 Page 49 
 
 
  collection, if any, of works intended for use by places of education and published by 
the same publisher within the period of 5 years immediately preceding the publication 
of the first-mentioned collection. 
 
44A  Importation etc. of books 
 
 (1) The copyright in an overseas work firs t published on or after the commencing day is 
not infringed by a person who, without the licence of the owner of the copyright, imports a non-infringing book into Australia for a purpose mentioned in paragraph 
37(1)(a), (b) or (c). 
 
 (2) Subject to this section, the copyright in:    (a) an overseas work first publis hed before the commencing day; or 
              (b) a work first published in Australia, whether before, on or after the 
commencing day; 
  is not infringed by a person who, without the licence of the owner of the copyright, 
imports a copy (in this subsection called the imported copy ) of a hardback or 
paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 37(1)(a), (b) or (c) if: 
              (c) the person had ordered in writing from the copyright owner, or the owner’s 
licensee or agent, one or more copies of that version of the book (not being 
second-hand copies or more copies than we re needed to satisfy the person’s 
reasonable requirements); and 
              (d) when the person ordered the imported copy, the original order mentioned in 
paragraph (c) had not been withdrawn or  cancelled by, or with the consent of, 
the person and: 
                            (i) at least 7 days had elapsed since the person placed the original order 
and the copyright owner, licensee or agent had not notified the person 
in writing that the original order w ould be filled within 90 days after 
it was placed; or 
                           (ii) at l east 90 days had elapsed since the person placed the original order 
and the copyright owner, licensee or agent had not filled the order. 
  (3) The copyright in a published work (whe ther first published before, on or after the 
commencing day) is not infringed by a pers on who, without the licence of the owner 
of the copyright, imports a single copy of a non-infringing book into Australia if the 
importation is for the purpose of filling a written order, or a verifiable telephone 
order, by a customer of the person and: 
               (a) in the case of a written order, the order contains a statement, signed by the 
customer; or 
  (b) in the case of a telephone order, the customer makes a verifiable statement; 
  to the effect that the customer doe s not intend to use the book for a purpose 
mentioned in paragraph 37(1)(a), (b) or (c). 
  (4) The copyright in a published work (whe ther first published before, on or after the 
commencing day) is not infringed by a pers on who, without the licence of the owner 
of the copyright, imports 2 or more copies of a non-infringing book into Australia if: 
               (a) the importation is for the purpose of filling a written order, or a verifiable 
telephone order, placed with the person by or on behalf of a library, other IP/N/1/AUS/C/3 
Page 50  
 
  than a library conducted for the profit (direct or indirect) of a person or 
organisation; and 
              (b) in the case of a written order—the order contains a statement, signed by the 
person placing the order, to the effect that the library does not intend to use any of the books for a purpose mentioned in paragraph 37(1)(a), (b) or (c); 
and 
              (c) in the case of a telephone order—the person pl acing the order makes a 
verifiable statement to the effect referred to in paragraph (b); and 
              (d) the number of copies so  imported is not more than the number of copies so 
ordered. 
 
 (5) Without limiting the ways in which a te lephone order under subsecti on (3) or (4), or a 
statement under paragraph (3)(b) or (4)(c) rela ting to such an order, may be verified, 
such an order or statement is, for the purposes of this section, taken to be verifiable if the person who takes the order, or to whom the statement is made, makes a written 
note of the details of the order or statemen t when, or immediately after, the order is 
placed, or the statement is made, as the case may be. 
  (6) Where:                (a) a book is imported in to Australia for a purpose mentioned in paragraph 
37(1)(a), (b) or (c); and 
               (b) the importation does not , under this section, constitute an infringement of 
copyright in a published work; 
  the use of the book for any such purpose does not constitute an infringement of the 
copyright in the work and subsection 38(1) does not apply to the book. 
 
 (7) Subsection (2) does not apply to the importation of a copy of a hardback version of a 
non-infringing book into Australia if the copy right owner, or his or her licensee or 
agent, is able to supply in Australia e nough copies of a paperback version of the book 
to fill any reasonable order. 
 
 (8) For the purposes of paragraph (2)(d), a co pyright owner, licensee or agent is not taken 
to have filled an order by a person for one  or more copies of a version of a book 
unless and until the copyright owner, licensee or agent sends the copy, or all of the 
copies, as the case requires, to the person. 
 (9) In this section: 
 
  book  does not include: 
               (a) a book whose main conten t is one or more musical works, with or without 
any related literary, dramatic or artistic work; or 
              (b) a manual sold with co mputer software for use in connection with that 
software; or 
  (c) a periodical publication. 
 
  commencing day  means the day on which the Copyright Amendment Act 1991 
commences. 
 
  overseas work  means a work: 
   (a) that was first published in a country other than Australia; and  IP/N/1/AUS/C/3 
 Page 51 
 
 
                (b) that was not published in Australia within 30 days after its first publication in 
that other country. 
 
              Note: A work may, for the purposes of this Act, be first published  in Australia if it is published in 
Australia within 30 days of an earlier publication elsewhere. For the meaning of first 
publication , see section 29 and, in particular, subsection 29(5). 
 
44B  Reproduction of writin g on approved label for containers for chemical product 
 
  The reproduction on a label on a container for a chemical product of any writing 
appearing on an approved label is not an  infringement of any copyright subsisting 
under this Part in relation to that writing. 
 
44C  Copyright subsisting in a ccessories etc. to imported articles 
 
 (1) The copyright in a work a copy of which is on, or embodied in, a non-infringing 
accessory to an article is not infringed by importing the accessory with the article. 
 (2) Section 38 does not apply to a copy of a work, being a copy that is on, or embodied 
in, a non-infringing accessory to an article, if the importation of the accessory is not an infringement of copyright in the work. 
 44D  Import of non-infringing copy of sound recording does not infringe copyright in works 
recorded 
 
 (1) The copyright in a literary, dramatic or  musical work is not infringed by a person 
who: 
 
              (a) imports into Australia a non-infringing copy of a sound recording of the 
work; or 
              (b) does an act described in section 38 involving an article that is a 
non-infringing copy of a sound recording of the work and has been imported into Australia by anyone. 
 
              
Note: In a civil action for infringement of copyright,  a copy of a sound recording is presumed not to 
be a non-infringing copy of the sound recording unless the defendant proves it is. See 
section 130A. 
 
 (2) This section applies to a copy of a sound recording only if, when the copy is imported 
into Australia, the sound recording has been published: 
   (a) in Australia; or   (b) in another country (the publication country ) by or with the consent of: 
 
                           (i) the owne r of the copyright or related right in the sound recording in 
the publication country; or 
                           (ii) the ow ner of the copyright or related right in the sound recording in 
the country (the original recording country ) in which the sound 
recording was made, if the law of the publication country did not 
provide for copyright or a related right in sound recordings when 
publication occurred; or 
                           (iii) the ma ker of the sound recording, if neither the law of the publication 
country nor the law of the original recording country (whether those countries are different or not) provided for copyright or a related 
right in sound recordings when publication occurred. IP/N/1/AUS/C/3 
Page 52  
 
   
  
Note: Subsection 29(6) deals w ith unauthorised publication. 
 
(3) In subsection (2): 
 
  o w n e r  of the copyright or related right in the sound recording means the owner at the 
time publication of the sound recording occurred. 
 
 (4) The copyright in a work a copy of which is on, or embodied in, a non-infringing 
accessory to a non-infringing copy of a sound recording is not infringed by importing the accessory with the copy. 
  (5) Section 38 does not apply to a copy of a work, being a copy that is on, or embodied 
in, a non-infringing accessory to a non-infringing copy of a sound recording, if the 
importation of the accessory is not an in fringement of copyright in the work. 
 
Division 4—Acts not constituting infringements of copyright in literary, dramatic and musical 
works  
45  Reading or recitation in public or for a broadcast  
  The reading or recitation in public, or th e inclusion in a sound broadcast or television 
broadcast of a reading or recitation, of an extract of reasonable length from a published literary or dramatic work, or fro m an adaptation of such a work, does not 
constitute an infringement of the copy right in the work if a sufficient 
acknowledgement of the work is made. 
 
46  Performance at premises where persons reside or sleep 
 
  Where a literary, dramatic or musical work, or an adaptation of such a work, is 
performed in public, by the operation of reception equipment or by the use of a 
record, at premises where persons reside or sleep, as part of the amenities provided exclusively for residents or inmates of the premises or for those residents or inmates 
and their guests, the performance does not c onstitute an infringement of the copyright 
in the work. 
 
47  Reproduction for purpose of broadcasting 
 
 (1) Where the broadcasting by a person of a literary, dramatic or musical work, or of an 
adaptation of such a work, would not (whether by reason of an assignment or licence or of the operation of a provision of this  Act) constitute an infringement of the 
copyright in the work, but the making by the person of a sound recording or a 
cinematograph film of the work or adapta tion would, apart from this subsection, 
constitute such an infringement, the copyri ght in the work is not infringed by the 
making by the person of such a recording or film solely for the purpose of the broadcasting of the work or adaptation. 
 
 (2) The last preceding subsection does not appl y in relation to a recording or film if a 
record embodying the recording or a copy of the film is used for a purpose other than: 
               (a) the broadcasting of the work or adaptation in circumstances that do not 
(whether by reason of an assignment or licence or of the operation of a  IP/N/1/AUS/C/3 
 Page 53 
 
 
  provision of this Act) constitute an infri ngement of the copyright in the work; 
or 
              (b) the making of further records embodying the recording or further copies of 
the film for the purpose of the broadcasti ng of the work or adaptation in such 
circumstances. 
 
 (3) Subsection (1) does not apply in relati on to a recording or film where a record 
embodying the recording or a copy of the film is used for the purpose of the broadcasting of the work or adaptation by  a person who is not the maker of the 
recording or film unless the maker has paid to the owner of the copyright in the work 
such amount as they agree or, in default of  agreement, has given an undertaking in 
writing to the owner to pay to the owner such amount as is determined by the Copyright Tribunal, on the application of eith er of them, to be equitable remuneration 
to the owner for the making of the recording or film. 
 
 (4) A person who has given an undertaking re ferred to in the last preceding subsection is 
liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner. 
 
 (5) Subsection (1) of this section does not appl y in relation to a recording or film unless, 
before the expiration of the period of 12 months commencing on the day on which any of the records embodying the recording or any of the copies of the film is first used for broadcasting the work or adaptati on in accordance with that subsection, or 
before the expiration of such further period, if any, as is agreed between the maker of 
the recording or film and the owner of th e copyright in the work, all the records 
embodying the recording or all the copies of the film are destroyed or are delivered, 
with the consent of the Director-General of  the Australian Archives, to the Australian 
Archives. 
  (6) The Director-General of the Australian Archives shall not consen t to the delivery to 
the Australian Archives in acco rdance with subsection (5) of a record embodying a 
recording or of a copy of a film unless he or she has certified that the recording or 
film is of an exceptional documentary character. 
  (7) In this section:  
  broadcasting  does not include simulcasting. 
 
47AA  Reproduction for the purpose of simulcasting 
 
 (1) If the broadcasting of a literary, dramatic or musical work, or of an adaptation of such 
a work, would not for any reason constitute an infringement of the copyright in the 
work, but the making of a sound recording or a cinematograph film of the work or adaptation would, apart from this subsecti on, constitute such an infringement, the 
copyright in the work is not infringed by the making of such a recording or film solely for the purpose of simulcasting the work or adaptation in digital form. 
 
 (2) Subsection (1) does not apply in relation to a recording or film if a record embodying 
the recording or a copy of the film is used for a purpose other than: 
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Page 54  
 
                (a) the simulcasting of the work or adaptation in circumstances that do not for 
any reason constitute an infringement of the copyright in the work; or 
              (b) the making of further records embodying the recording or further copies of 
the film for the purpose of simulcasti ng the work or adaptation in such 
circumstances. 
 
 (3) Subsection (1) does not apply in relati on to a recording or film unless all records 
embodying the recording, or all copies of the film, made under that subsection are 
destroyed on or before the relevant date specified in the regulations. 
 
 (4) For the purposes of subsection (3), the regulations may specify different dates in 
relation to different classes of sound recordings or cinematograph films. 
 
47A  Sound broadcasts by holders of print disability radio licences 
  (1) The making of a sound broadcast of, or of an adaptation of, a published literary or 
dramatic work does not constitute an infringement of copyright in the work if: 
               (a) the broadcast is made by a person being the holder of a print disability radio 
licence and is made under the licence; and 
              (b) there is made by or on behalf of the person, as soon as practicable after the 
making of the broadcast, a record of the making of the broadcast that: 
    (i) sets out the time and date of the making of the broadcast;    (ii) identifies the work; and                            (iii) contains particulars of such other matters in relation to the work or in 
relation to the broadcast as are prescribed. 
  (2) For the purposes of paragraph (1)(b), a record of the making of a broadcast: 
               (a) may be made in writing or in any other manner prescribed by the regulations; 
and 
              (b) if it is made in writing, shall be in accordance with th e form prescribed by the 
regulations. 
  (3) Where, at any time before the expiration of the prescribed retention period after the 
making by a person of a sound broadcast of a literary or dramatic work in reliance on 
subsection (1), a record made for the purpo ses of paragraph (1)(b) in relation to the 
making of the sound broadcast is not retained by the person, the person is guilty of an 
offence punishable, upon conviction,  by a fine not exceeding $500. 
  (3A) Subsection (3) is an offence of strict liability.  
  
Note: For strict liability , see section 6.1 of the Criminal Code . 
 
 (4) It is a defence to a prosecution of a person under subsection (3) in relation to the 
retention of a record if the person satisfies the court that he or she took all reasonable 
precautions, and exercised due diligence, to  ensure the retention of the record. 
  (5) A person is not liable to be convicted tw ice of an offence against subsection (3) in 
relation to the retention of the same record. 
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   (6) The owner of the copyright in a literary or dramatic work, or the agent of such an 
owner, may notify in writing a person who holds or held a print disability radio 
licence that the owner or agent wishes to inspect: 
               (a) all the records of th e person made by or on beha lf of the person for the 
purposes of paragraph (1)(b); or 
  (b) such of those records as relate  to the works of a specified author; 
  on a day specified in the notice, being a day (other than a Saturday, Sunday or public 
holiday) not less than 7 days after th e day on which the notice is given. 
 
 (7) Where a person who receives a notice unde r subsection (6) does not allow the owner 
or agent to inspect the reco rds to which the notice relates during business hours on the 
day specified in the notice, the person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500. 
 
 (7A) Subsection (7) is an offence of strict liability. 
 
  
Note: For strict liability , see section 6.1 of the Criminal Code . 
 
 (7B) Subsection (7) does not apply if the person has a reasonable excuse. 
 
              Note: A defendant bears an evidential burden in  relation to the matter in subsection (7B) (see 
subsection 13.3(3) of the Criminal Code ). 
 
 (8) Where:  
              (a) a sound broadcast of, or of an adaptation of, a literary or dramatic work is 
made by a person (in this subsection referred to as the licence holder ) being 
the holder of a print disability radio licence; 
              (b) by virtue of subsection (1), the making of the sound broadcast does not 
infringe copyright in the work; and 
              (c) the owner of the copyright  in the work makes a requ est in writing at any time 
during the prescribed retention period af ter the making of the sound broadcast 
for payment for the making of the sound broadcast; 
  the licence holder shall pay to the owner of the copyright such an amount by way of 
equitable remuneration for the making of the sound broadcast as is agreed upon between the owner of the copyright and the li cence holder or, in default of agreement, 
as is determined by the Copyright Tribunal on the application of either the owner of 
the copyright or the licence holder. 
  (9) Where the Copyright Tribunal has under subsection (8) determined the amount of 
equitable remuneration payable by a person to the owner of the copyright in a work, the owner of the copyright may recover that amount from the person in a court of 
competent jurisdiction as a debt due to the owner of the copyright. 
  (10) Nothing in this section affects the right of the owner of the copyright in a literary or 
dramatic work to grant a licence authorising a person being the holder of a print disability radio licence to make sound broadcasts of, or of adaptations of, the work 
without infringement of that copyright. 
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   (11) In this section: 
               (a) prescribed retention period  means the period prescribed by the regulations 
for the purposes of this paragraph; and 
              (b) print disability radio licence  means a licence in force under the Broadcasting 
Services Act 1992 or the Radiocommunications Act 1992 , being a licence that 
was granted for the purpose of authoris ing the making of sound broadcasts to 
persons who by reason of old age, disability or literacy problems are unable to handle books or newspapers or to  read or comprehend written material. 
 Division 4A—Acts not constituting infringements of copyright in computer programs  47AB  Meaning of computer program  
 
  In this Division:  
  computer program  includes any literary work that is: 
   (a) incorporated in, or associated with, a computer program; and   (b) essential to the effective operation of a function of that computer program.  47B  Reproduction for normal use or study of computer programs 
 
 (1) Subject to subsection (2), the copyright in a literary work that is a computer program 
is not infringed by the making of a reproduction of the work if: 
 
              (a) the reproduction is inci dentally and automatically made as part of the 
technical process of running a copy of the program for the purposes for which the program was designed; and 
              (b) the running of the copy is  done by, or on behalf of, the owner or licensee of 
the copy. 
 
 (2) Subsection (1) does not apply to the making of a reproduction of a computer 
program: 
   (a) from an infringing copy of the computer program; or               (b) contrary to an express direction or licence given by, or on behalf of, the 
owner of the copyright in the computer program to the owner or licensee of 
the copy from which the reproduction is made when the owner or licensee of 
that copy acquired it. 
  (3) Subject to subsection (4), the copyright in a literary work that is a computer program 
is not infringed by the making of a reproduction of the work if: 
 
              (a) the reproduction is inci dentally and automatically made as part of the 
technical process of running a copy of the program for the purpose of studying the ideas behind the program and the way in which it functions; and 
              (b) the running of the copy is  done by, or on behalf of, the owner or licensee of 
the copy. 
  (4) Subsection (3) does not apply to the making of a reproduction of a computer program 
from an infringing copy of the computer program. 
  IP/N/1/AUS/C/3 
 Page 57 
 
 
   (5) In this section: 
 
  reproduction , in relation to a computer program, does not include a version of the 
program of the kind referred to in paragraph 21(5)(b). 
 47C  Back-up copy of computer programs 
 
 (1) Subject to subsection (4), the copyright in a literary work that is a computer program 
is not infringed by the making of a reproduction of the work if: 
 
              (a) the reproduction is made  by, or on behalf of, the owner or licensee of the 
copy (the original copy ) from which the reproduction is made; and 
              (b) the reproduction is made  for use only by, or on behalf of, the owner or 
licensee of the original copy; and 
  (c) the reproduction is made for any of the following purposes: 
 
                           (i) to en able the owner or licensee of th e original copy to use the 
reproduction in lieu of the original copy and to store the original copy; 
                           (ii) to en able the owner or licensee of the original copy to store the 
reproduction for use in lieu of the origin al copy if the original copy is 
lost, destroyed or rendered unusable; 
                           (iii) to enable the owner or licensee of the original copy to use the 
reproduction in lieu of the original copy, or of another reproduction made under this subsection, if the original copy, or the other reproduction, is lost, destroyed or rendered unusable. 
 
 (2) Subject to subsection (4), the copyright in  a literary work that is a computer program, 
and in any work or other subject-matter he ld together with the program on the same 
computer system, is not infringed by the making of a reproduction of the program, or of such a work or other subject-matter if: 
 
              (a) the reproduction is made  by, or on behalf of, the owner or licensee of the 
copy (the original copy ) from which the reproduction is made; and 
              (b) the making of the reproduc tion is part of the normal back-up copying of data 
for security purposes. 
 
 (3) Subsection (1) applies in relation to a reproduction of a work made for a purpose 
referred to in subparagraph (1)(c)(iii) whethe r or not other reproductions of the work 
have previously been made for the same purpose from the same copy. 
  (4) Subsections (1) and (2) do not apply to  the making of a reproduction of a computer 
program: 
 
  (a) from an infringing copy of the computer program; or               (b) if the owner of the copyright in the computer program has so designed the 
program that copies of it cannot be made without modifying the program; or 
              (c) if a licence to use the original copy, given by, or on behalf of, the owner of 
the copyright in the computer program to the owner of the original copy 
when the owner of that copy acquired it, has expired or been terminated. 
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Page 58  
 
   (5) For the purposes of this section, a refere nce to a copy of a computer program is a 
reference to any article in which the com puter program is reproduced in a material 
form. 
  (6) In this section: 
 
  reproduction , in relation to a computer program, does not include a version of the 
program of the kind referred to in paragraph 21(5)(b). 
 
47D  Reproducing computer programs to make interoperable products 
 
 (1) Subject to this Division, the copyright in a literary work that is a computer program is 
not infringed by the making of a reproduction or adaptation of the work if: 
               (a) the reproduction or adap tation is made by, or on behalf of, the owner or 
licensee of the copy of the program (the original program ) used for making 
the reproduction or adaptation; and 
              (b) the reproduction or adaptation is made for the purpose of obtaining 
information necessary to enable the owner or licensee, or a person acting on behalf of the owner or licensee, to ma ke independently another program (the 
new program ), or an article, to connect to and be used together with, or 
otherwise to interoperate with, the original program or any other program; 
and 
              (c) the reproduction or adaptation is made only to the extent reasonably 
necessary to obtain the information referred to in paragraph (b); and 
              (d) to the extent that the new program reproduces or adapts the original program, 
it does so only to the extent necessary to  enable the new program to connect 
to and be used together with, or otherw ise to interoperate with, the original 
program or the other program; and 
              (e) the information referred to in paragraph (b) is not readily available to the 
owner or licensee from another source wh en the reproduction or adaptation is 
made. 
 
 (2) Subsection (1) does not apply to the making of a reproduction or adaptation of a 
computer program from an infringing copy of the computer program. 
 
47E  Reproducing computer programs to correct errors 
 
 (1) Subject to this Division, the copyright in a literary work that is a computer program is 
not infringed by the making, on or after 23 February 1999, of a reproduction or adaptation of the work if: 
               (a) the reproduction or adap tation is made by, or on behalf of, the owner or 
licensee of the copy of the program (the original copy ) used for making the 
reproduction or adaptation; and 
              (b) the reproduction or adaptation is made for the purpose of correcting an error 
in the original copy that prevents it from operating (including in conjunction with other programs or with hardware): 
 
   (i) as intended by its author; or                            (ii) in accordance with any specifications or other documentation 
supplied with the original copy; and 
  IP/N/1/AUS/C/3 
 Page 59 
 
 
                (c) the reproduction or adaptation is made only to the extent reasonably 
necessary to correct the error referred to in paragraph (b); and 
              (d) when the reproduction or  adaptation is made, another copy of the program 
that does operate as mentioned in paragr aph (b) is not available to the owner 
or licensee within a reasonable time at an ordinary commercial price. 
 
 (2) Subsection (1) does not apply to the making of a reproduction or adaptation of a 
computer program from an infringing copy of the computer program. 
 
47F  Reproducing computer programs for security testing 
 
 (1) Subject to this Division, the copyright in a literary work that is a computer program is 
not infringed by the making of a reproduction or adaptation of the work if: 
               (a) the reproduction or adap tation is made by, or on behalf of, the owner or 
licensee of the copy of the program (the original copy ) used for making the 
reproduction or adaptation; and 
  (b) the reproduction or adaptation is made for the purpose of:                             (i) testi ng in good faith the security of the original copy, or of a 
computer system or network of which the original copy is a part; or 
                           (ii) investig ating, or correcting, in good faith a security flaw in, or the 
vulnerability to unauthorised access of, the original copy, or of a 
computer system or network of which the original copy is a part; and 
               (c) the reproduction or adaptation is made only to the extent reasonably 
necessary to achieve a purpose referred to in paragraph (b); and 
              (d) the information resulti ng from the making of the reproduction or adaptation is 
not readily available to the owner or licensee from another source when the reproduction or adaptation is made. 
  (2) Subsection (1) does not apply to the making of a reproduction or adaptation of a 
computer program from an infringing copy of the computer program. 
 
47G  Unauthorised use of copies or information 
 
 (1) If: 
 
              (a) a reproduction or adaptation of a literary work that is a computer program is 
made under a prescribed provision; and 
              (b) the reproduction or adapta tion, or any information derived from it, is, without 
the consent of the owner of the copyrigh t in the computer program, used, or 
sold or otherwise supplied to a person, for a purpose other than a purpose 
specified in the prescribed provision; 
  the prescribed provision does not apply, and is taken never to have applied, to the 
making of the reproduction or adaptation. 
  (2) For the purposes of this section, sections 47B, 47C, 47D, 47E and 47F are prescribed 
provisions. 
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  47H  Agreements excluding operation of certain provisions 
 
  An agreement, or a provision of an agre ement, that excludes or limits, or has the 
effect of excluding or limiting, the opera tion of subsection 47B(3), or section 47C, 
47D, 47E or 47F, has no effect. 
 
Division 5—Copying of works in libraries or archives 
 48  Interpretation 
   In this Division, a reference to an articl e contained in a periodical publication shall be 
read as a reference to anything (other th an an artistic work) appearing in such a 
publication. 
 
48A  Copying by Parliamentary lib raries for members of Parliament 
 
  The copyright in a work is not infringed by anything done, for the sole purpose of 
assisting a person who is a member of a Parliament in the performance of the person’s duties as such a member, by an au thorized officer of a library, being a 
library the principal purpose of which is to provide library services for members of that Parliament. 
 
49  Reproducing and communicating work s by libraries and archives for users 
 
 (1) A person may furnish to the officer in charge of a library or archives: 
 
              (a) a request in writing to be  supplied with a reproduction of an article, or a part 
of an article, contained in a periodical publication or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical publication or a published work held in the collection of a library or archives; and 
  (b) a declaration signed by him or her stating: 
 
                           (i) that he or she requires the reproduction for the purpose of research or 
study and will not use it for any other purpose; and 
                           (ii) that he  or she has not previously been supplied with a reproduction of 
the same article or other work, or the same part of the article or other 
work, as the case may be, by an aut horized officer of the library or 
archives. 
  (2) Subject to this section, where a request  and declaration referred to in subsection (1) 
are furnished to the officer in charge of a lib rary or archives, an authorized officer of 
the library or archives may, un less the declaration contains a statement that to his or 
her knowledge is untrue in a material par ticular, make, or cause to be made, the 
reproduction to which the request relates and supply the reproduction to the person 
who made the request. 
  (2A) A person may make to an authori zed officer of a library or archives: 
 
              (a) a request to be supplied w ith a reproduction of an article, or part of an article, 
contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication, being a  IP/N/1/AUS/C/3 
 Page 61 
 
 
  periodical publication or a published work held in the collection of a library 
or archives; and 
  (b) a declaration to the effect that:                            (i) the person requires the reproduction fo r the purpose of research or 
study and will not use it for any other purpose; 
                           (ii) the person has not previously been supplied with a reproduction of 
the same article or other work, or the same part of the article or other work, as the case may be, by an aut horized officer of the library or 
archives; and 
                           (iii) by reason of the remoteness of the person’s location, the person 
cannot conveniently furnish to the officer in charge of the library or 
archives a request and declaration referred to in subsection (1) in relation to the reproduction soon e nough to enable the reproduction 
to be supplied to the person before the time by which the person requires it. 
 
 (2B) A request or declaration referred to in subsection (2A) is not required to be made in 
writing. 
  (2C) Subject to this section, where:  
              (a) a request and declarati on referred to in subsection (2A) are made by a person 
to an authorized officer of a library or archives; and 
              (b) the authorized officer  makes a declaration setting out particulars of the 
request and declaration made by the person and stating that: 
                           (i) the declaration made by the person, so far as it relates to the matters 
specified in subparagraphs (2A)(b)(i) and (ii), does not contain a 
statement that, to the knowledge of the authorized officer, is untrue in a material particular; and 
                           (ii) the aut horized officer is satisfied that the declaration made by the 
person is true so far as it relates to the matter specified in subparagraph (2A)(b)(iii); 
  an authorized officer of the library or  archives may make, or cause to be made, the 
reproduction to which the request relates and supply the reproduction to the person. 
  (3) Where a charge is made for making a nd supplying a reproduction to which a request 
under subsection (1) or (2A) relates, subsec tion (2) or (2C), as the case may be, does 
not apply in relation to the request if the amount of the charge exceeds the cost of 
making and supplying the reproduction. 
  (4) Subsection (2) or (2C) does not apply in relation to a request for a reproduction of, or 
parts of, 2 or more articles contained in  the same periodical publication unless the 
articles relate to the same subject matter. 
 
 (5) Subsection (2) or (2C) does not apply to a request for a reproduction of the whole of a 
work (other than an article contained in a periodical publication), or to a reproduction 
of a part of such a work that contains more than a reasonable portion of the work 
unless: 
 
  (a) the work forms part of the library or archives collection; and 
              (b) before the reproduction is  made, an authorized officer has, after reasonable 
investigation, made a declaration stating that he or she is satisfied that a IP/N/1/AUS/C/3 
Page 62  
 
  reproduction (not being a second-hand re production) of the work cannot be 
obtained within a reasonable time at an ordinary commercial price. 
  (5A) If an article contained in a periodical pu blication, or a published work (other than an 
article contained in a periodical publication) is acquired, in electronic form, as part of 
a library or archives collection, the officer in charge of the library or archives may 
make it available online within the premis es of the library or archives in such a 
manner that users cannot, by using any equipment supplied by the library or archives: 
   (a) make an electronic reproduction of the article or work; or 
  (b) communicate the article or work. 
  (6) The copyright in an article contained in a periodical publication is not infringed by 
the making, in relation to a request under subsection (1) or (2A), of a reproduction of the article, or of a part of the article, in  accordance with subsection (2) or (2C), as the 
case may be, unless the reproduction is supplie d to a person other than the person 
who made the request. 
  (7) The copyright in a published work other than an article contained in a periodical 
publication is not infringed by the making, in relation to a request under subsection 
(1) or (2A), of a reproduction of the work, or of a part of the work, in accordance with 
subsection (2) or (2C), as the case may be , unless the reproduction is supplied to a 
person other than the person who made the request. 
  (7A) Subsections (6) and (7) do not apply to the making under subsection (2) or (2C) of an 
electronic reproduction of: 
 
  (a) an article, or a part of an article , contained in a periodical publication; or 
  (b) the whole or part of a published work, other than such an article;   in relation to a request under this sectio n for communication to the person who made 
the request unless: 
              (c) before or when the re production is communicated to the person, the person is 
notified in accordance with the regulations: 
                                      (i) that the reproduction has been made under this section and that the 
article or work might be subject to copyright protection under this Act; and 
   (ii) about such other matters (if any) as are prescribed; and 
              (d) as soon as practicable af ter the reproduction is communicated to the person, 
the reproduction made under subsection (2) or  (2C) and held by the library or 
archives is destroyed. 
 
 (7B) It is not an infringement of copyright in an article contained in a periodical 
publication, or of copyright in a publis hed work, to communicate it in accordance 
with subsection (2), (2C) or (5A). 
  (8) The regulations may exclude the applica tion of subsection (6) or (7) in such cases as 
are specified in the regulations. 
  (9) In this section:   IP/N/1/AUS/C/3 
 Page 63 
 
 
    library  does not include a library that is conducted for the profit, direct or indirect, of 
an individual or individuals. 
 
  supply  includes supply by way of a communication. 
 50  Reproducing and communicating works by libraries or archives for other libraries or 
archives 
 
 (1) The officer in charge of a library may request, or cause another person to request, the 
officer in charge of another library to  supply the officer in charge of the 
first-mentioned library with a reproduction of an article, or a part of an article, 
contained in a periodical publication, or of the whole or a part of a published work other than an article contained in a periodical publication, being a periodical 
publication or a published work held in the collection of a library: 
 
              (a) for the purpose of including the reproduction in the collection of the 
first-mentioned library; 
              (aa) in a case where the pr incipal purpose of the first-mentioned library is to 
provide library services for members of a Parliament—for the purpose of assisting a person who is a member of that Parliament in the performance of the person’s duties as such a member; or 
              (b) for the purpose of supplying the reproduction to a person who has made a 
request for the reproduction under section 49. 
  (2) Subject to this section, where a request is made by or on behalf of the officer in 
charge of a library to the officer in charge  of another library under subsection (1), an 
authorized officer of the last-mentioned lib rary may make, or cause to be made, the 
reproduction to which the request relates a nd supply the reproduction to the officer in 
charge of the first-mentioned library. 
  (3) Where, under subsection (2), an authorized officer of a library makes, or causes to be 
made, a reproduction of the whole or part of a work (including an article contained in 
a periodical publication) and supplies it to the officer in charge of another library in 
accordance with a request made under subsection (1): 
               (a) the reproduction shall, fo r all purposes of this Act, be deemed to have been 
made on behalf of an authorized officer of the other library for the purpose 
for which the reproduction was requested; and 
              (b) an action shall not be brought against the body administering that 
first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that reproduction. 
 
 (4) Subject to this section, if a reproduction of the whole or a part of an article contained 
in a periodical publication, or of any other published work, is, by virtue of subsection 
(3), taken to have been made on behalf of  an authorised officer of a library, the 
copyright in the article or other work is not infringed: 
 
  (a) by the making of the reproduction; or 
              (b) if the work is supplied under subsection (2) by way of a communication—by 
the making of the communication. 
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Page 64  
 
   (5) The regulations may exclude the applica tion of subsection (4) in such cases as are 
specified in the regulations. 
  (6) Where a charge is made for making a nd supplying a reproduction to which a request 
under subsection (1) relates, subsection (4) do es not apply in relation to the request if 
the amount of the charge exceeds the cost of making and supplying the reproduction. 
  (7) Where:                (a) a reproduction (in this subsection referred to as the relevant reproduction ) of, 
or of a part of, an article, or of the whole or a part of another work, is 
supplied under subsection (2) to the officer in charge of a library; and 
              (b) a reproduction of the same article or other work, or of the same part of the 
article or other work, as the case ma y be, has previously been supplied under 
subsection (2) for the purpose of inclusion in the collection of the library; 
  subsection (4) does not apply to or in relation to the relevant reproduction unless, as 
soon as practicable after the request under subsection (1) relating to the relevant 
reproduction is made, an authorized officer of the library makes a declaration: 
              (c) setting out particulars of the request (including the purpose for which the 
relevant reproduction was requested); and 
              (d) stating that the repr oduction referred to in paragraph (b) has been lost, 
destroyed or damaged, as the case requires. 
  (7A) If:                (a) a reproduction is made of the whole of a work (other than an article contained 
in a periodical publication) or of a part of such a work, being a part that 
contains more than a reasonable portion of the work; and 
  (b) the work from which the reproduction is made is in hardcopy form; and               (c) the reproduction is supplie d under subsection (2) to the officer in charge of a 
library; 
              subsection (4) does not apply in relation to the reproduction unless: 
              (d) in a case where the prin cipal purpose of the library is to provide library 
services for members of a Parliament—t he reproduction is so supplied for the 
purpose of assisting a person who is a member of that Parliament in the performance of the person’s duties as such a member; or 
              (e) as soon as practicable after the request under subsection (1) relating to the 
reproduction is made, an authorized officer of the library makes a declaration: 
                            (i) setting out particulars of the request (including the purpose for which 
the reproduction was requested); and 
                           (ii) stating that, after reasonable investigation, the authorized officer is 
satisfied that a copy (not being a second-hand copy) of the work 
cannot be obtained within a reasonable time at an ordinary 
commercial price. 
  (7B) If:  
              (a) a reproduction is made of  the whole of a work (including an article contained 
in a periodical publication) or of a part of such a work, whether or not the part contains more than a reasonable portion of the work; and 
  (b) the work from which the reproduction is made is in electronic form; and  IP/N/1/AUS/C/3 
 Page 65 
 
 
                (c) the reproduction is supplie d under subsection (2) to the officer in charge of a 
library; 
  subsection (4) does not apply in relation to the reproduction unless: 
              (d) in a case where the prin cipal purpose of the library is to provide library 
services for members of a Parliament—t he reproduction is so supplied for the 
purpose of assisting a person who is a member of that Parliament in the 
performance of the person’s duties as such a member; or 
              (e) as soon as practicable after the request under subsection (1) relating to the 
reproduction is made, an authorized officer of the library makes a declaration: 
 
                           (i) setting out particulars of the request (including the purpose for which 
the reproduction was requested); and 
                           (ii) if the reproduction is of the whole, or of more than a reasonable 
portion, of a work other than an article—stating that, after reasonable 
investigation, the authorised officer  is satisfied that the work cannot 
be obtained in electronic form within  a reasonable time at an ordinary 
commercial price; and 
                          (iii) if the reproduction is of a reasonable portion, or less than a 
reasonable portion, of a work other than an article—stating that, after reasonable investigation, the authori sed officer is satisfied that the 
portion cannot be obtained in electronic form, either separately or 
together with a reasonable amount of other material, within a 
reasonable time at an ordinary commercial price; and 
                           (iv) if the reproduction is of the whole or of a part of an article—stating 
that, after reasonable investigation, the authorised officer is satisfied 
that the article cannot be obtained on its own in electronic form 
within a reasonable time at an ordinary commercial price. 
  (7C) If:                (a) a reproduction is made in  electronic form by or on behalf of an authorised 
officer of a library of the whole of a work (including an article contained in a 
periodical publication) or of a part of such a work; and 
              (b) the reproduction is supp lied under subsection (2) to the officer in charge of 
another library; 
  subsection (4) does not apply in relation to the reproduction unless, as soon as 
practicable after the reproduction is supplie d to the other library the reproduction 
made for the purpose of the supply and held by the first-mentioned library is 
destroyed. 
  (8) Subsection (4) does not apply to a repro duction or communication of, or of parts of, 2 
or more articles that are contained in the same periodical publication and that have been requested for the same purpose unless th e articles relate to the same subject 
matter. 
  (9) In this section, a reference to a library shall be read as a reference to a library other 
than a library that is conducted for the profit, direct or indirect of an individual or individuals, and as including a reference to archives. 
 
 (10) In this section: 
 
  supply  includes supply by way of a communication. 
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  51  Reproducing and communicating unpub lished works in libraries or archives 
 
 (1) Where, at a time more than 50 years afte r the expiration of the calendar year in which 
the author of a literary, dramatic or musical work, or of an artistic work being a photograph or engraving, died, copyright subsists in the work but: 
 
  (a) the work has not been published; and               (b) a reproduction of the work, or, in the case of a literary, dramatic or musical 
work, the manuscript of the work, is kept in the collection of a library or archives where it is, subject  to any regulations governing that collection, open 
to public inspection; 
  the copyright in the work is not infringed:               (c) by the making or communication of a reproduction of the work by a person 
for the purposes of research or study or  with a view to publication; or 
              (d) by the making or communication of a reproduction of the work by, or on 
behalf of, the officer in charge of the library or archives if the reproduction is 
supplied (whether by way of communica tion or otherwise) to a person who 
satisfies the officer in charge of th e library or archives that the person 
requires the reproduction for the purposes of research or study, or with a view to publication, and that the person will not use it for any other purpose. 
 
 (2) If the manuscript, or a reproduction, of an  unpublished thesis or other similar literary 
work is kept in a library of a university or other similar institution, or in an archives, the copyright in the thesis or other work is not infringed by the making or communication of a reproduction of the thesis or other work by or on behalf of the officer in charge of the library or archiv es if the reproduction is supplied (whether by 
communication or otherwise) to a person wh o satisfies an authorized officer of the 
library or archives that he or she re quires the reproduction for the purposes of 
research or study. 
 
51AA  Reproducing and communicati ng works in Australian Archives 
  (1) The copyright in a work that is kept in the collection of the Australian Archives, 
where it is open to public inspection, is not infringed by the making or communication by, or on behalf of, the officer in charge of the Archives: 
  (a) of a single working copy of the work;               (b) of a single reference copy of the work for supply to the central office of the 
Archives; 
              (c) on the written request for a reference copy of the work by an officer of the 
Archives in a regional office of the Arch ives, where the officer in charge is 
satisfied that a reference copy of the wo rk has not been previously supplied to 
that regional office—of a single reference copy of the work for supply to that regional office; 
              (d) where the officer in char ge is satisfied that a reference copy of the work 
supplied to a regional office of the Archives is lost, damaged or destroyed and an officer of the Archives in that  regional office makes a written request 
for a replacement copy of the work—of a single replacement copy of the work for supply to th at regional office; or 
              (e) where the officer in char ge is satisfied that a reference copy of the work 
supplied to the central office of the Archives is lost, damaged or destroyed—of a single replacement copy of the work  for supply to th at central office. 
  IP/N/1/AUS/C/3 
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   (2) In this section: 
 
  reference copy , in relation to a work, means a re production of the work made from a 
working copy for supply to the central office,  or to a regional office, of the Australian 
Archives for use by that o ffice in providing access to th e work to members of the 
public. 
 
  replacement copy , in relation to a work, means a reproduction of the work made from 
a working copy for the purpose of replacing a reference copy of the work that is lost, 
damaged or destroyed. 
 
  working copy , in relation to a work, means a reproduction of the work made for the 
purpose of enabling the Australian Archives to  retain the copy and use it for making 
reference copies and replacement copies of the work. 
 51A  Reproducing and communicating wo rks for preservation and other purposes 
 
 (1) Subject to subsection (4), the copyright in  a work that forms, or formed, part of the 
collection of a library or archives is not infringed by the making or communicating, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work: 
 
              (a) if the work is held in manuscript form or is an original artistic work—for the 
purpose of preserving the manuscript or original artistic work, as the case may be, against loss or deterioration or  for the purpose of research that is 
being, or is to be, carried out at the library or archives in which the work is 
held or at another library or other archives; 
              (b) if the work is held in the collection in a published form but has been damaged 
or has deteriorated—for the purpose of replacing the work; or 
              (c) if the work has been he ld in the collection in a published form but has been 
lost or stolen—for the purpose of replacing the work. 
 
 (2) The copyright in a work that is held in  the collection of a library or archives is not 
infringed by the making, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work for administrative purposes. 
  (3) The copyright in a work that is held in  the collection of a library or archives is not 
infringed by the communication, by or on behalf of the officer in charge of the library 
or archives, of a reproduction of the work made under subsection (2) to officers of the library or archives by making it available online to be accessed through the use of a 
computer terminal installed within the prem ises of the library or archives with the 
approval of the body administering the library or archives. 
 
 (3A) The copyright in an original artistic work that is held in the collection of a library or 
archives is not infringed in the circumstan ces described in subsection (3B) by the 
communication, by or on behalf of the officer in charge of the library or archives, of a 
preservation reproduction of the work by making it available online to be accessed 
through the use of a computer terminal: 
 
  (a) that is installed within the pr emises of the library or archives; and 
              (b) that cannot be used by a person accessing the work to make an electronic 
copy or a hardcopy of the reproduction, or to communicate the reproduction. 
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   (3B) The circumstances in which the copyright in the original artistic work is not infringed 
because of subsection (3A) are that either: 
               (a) the work has been  lost, or has deteriorated, since the preservation 
reproduction of the work was made; or 
              (b) the work has become so unstable that it cannot be displayed without risk of 
significant deterioration. 
  (4) Subsection (1) does not apply in relation to a work held in published form in the 
collection of a library or archives unless an  authorized officer of the library or 
archives has, after reasonable investigation, made a declaration stating that he or she 
is satisfied that a copy (not being a second-ha nd copy) of the work cannot be obtained 
within a reasonable time at an ordinary commercial price. 
  (5) Where a reproduction of an unpublished wo rk is made under subsection (1) by or on 
behalf of the officer in charge of a librar y or archives for the purpose of research that 
is being, or is to be, carried out at a nother library or archives, the supply or 
communication of the reproduction by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute the publication of the work. 
 
 (6) In this section: 
 
  preservation reproduction , in relation to an artistic work, means a reproduction of the 
work made under subsection (1) for the pur pose of preserving the work against loss 
or deterioration. 
 
52  Publication of unpublished works kept in libraries or archives 
 
 (1) Where:                (a) a published literary, drama tic or musical work (in this section referred to as 
the new work ) incorporates the whole or a part of a work (in this section 
referred to as the old work ) to which subsection 51(1) applied immediately 
before the new work was published; 
              (b) before the new work  was published, the prescribed notice of the intended 
publication of the work had been given; and 
              (c) immediately before the new work was published, the identity of the owner of 
the copyright in the old work was not known to the publishers of the new work; 
  then, for the purposes of this Act, the first publication of the new work, and any 
subsequent publication of the new work whet her in the same or in an altered form, 
shall, in so far as it constitutes a publication of the old work, be deemed not to be an 
infringement of the copyright in the old work or an unauthorized publication of the 
old work. 
  (2) The last preceding subsection does not appl y to a subsequent publication of the new 
work incorporating a part of the old work that was not included in the first publication 
of the new work unless: 
               (a) subsection 51(1) would, bu t for this section, have app lied to that part of the 
old work immediately before that subsequent publication;  IP/N/1/AUS/C/3 
 Page 69 
 
 
                (b) before that subseque nt publication, the prescribed notice of the intended 
publication had been given; and 
              (c) immediately before that  subsequent publication, the identity of the owner of 
the copyright in the old work was not known to the publisher of that subsequent publication. 
 
 (3) If a work, or part of a work, has been  published and, because of this section, the 
publication is taken not to be an infringement of the copyright in the work, the copyright in the work is not infringed by a person who, after the publication took place: 
 
  (a) broadcasts the work, or that part of the work; or               (b) electronically transmits th e work, or that part of th e work (other than in a 
broadcast) for a fee payable to the person who made the transmission; or 
  (c) performs the work, or that part of the work, in public; or 
  (d) makes a record of the wo rk, or that part of the work. 
 
53  Application of Division to illustrations accompanying articles and other works 
 
  Where an article, thesis or literary, dram atic or musical work is accompanied by 
artistic works provided for the purpose of e xplaining or illustrating the article, thesis 
or other work (in this section referred to as the illustrations ), the preceding sections 
of this Division apply as if: 
              (a) where any of those sections  provides that the copyrigh t in the article, thesis or 
work is not infringed—the reference to that copyright included a reference to 
any copyright in the illustrations; 
              (b) a reference in secti on 49, section 50, section 51 or 51A to a copy of the 
article, thesis or work included a refere nce to a copy of the article, thesis or 
work together with a copy of the illustrations; 
              (c) a reference in section 49 or  section 50 to a copy of a part of the article or 
work included a reference to a copy of that  part of the article or work together 
with a copy of the illustrations that were provided for the purpose of 
explaining or illustrating that part; and 
              (d) a reference in section 51A or section 52 to the doing of any act in relation to 
the work included a reference to the doi ng of that act in relation to the work 
together with the illustrations. 
 Division 6—Recording of musical works  54  Interpretation 
 
 (1) For the purposes of this Division:  
              (a) a reference to a musical wo rk shall be read as a reference to the work in its 
original form or to an adaptation of the work; 
              (b) a reference to the owne r of the copyright in a literary, dramatic or musical 
work shall, unless the contra ry intention appears, be read as a reference to the 
person who is entitled to authorize the making in, and the importation into, 
Australia of records of the work; and 
              (c) a reference to sale of a record by retail or to retail sale of a record shall be 
read as not including a reference to: 
    (i) sale for a consideration not consisting wholly of money; or IP/N/1/AUS/C/3 
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                             (ii) sale by a person not ordinarily carrying on the business of making or 
selling records. 
  (2) For the purposes of this Division, where a musical work is comprised partly in one 
record and partly in another record or other records, all the records shall be treated as 
if they constituted a single record. 
  (3) A reference in this Division to a r ecord of a musical work does not include a 
reference to a sound-track associated w ith visual images forming part of a 
cinematograph film. 
 
 (4) Subject to subsection (5), this Division app lies to a record of a part of a musical work 
as it applies to a record of the whole work. 
  (5) Section 55: 
 
              (a) does not apply to a record of a whole work unless the previous record 
referred to in paragraph 55(1)(a) was a record of the whole work; and 
              (b)  does not apply to a record  of a part of a work unless that previous record was 
a record of that part of the work. 
 55  Conditions upon which manufacturer may make records of musical work 
 
 (1) Subject to this Division, the copyright in a musical work is not infringed by a person 
(in this section referred to as the manufacturer ) who makes, in Australia, a record of 
the work if: 
 
  (a) a record of the work:                             (i) has previously been made in, or imported into, Australia for the 
purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the work; 
                           (ii) has previously been made in Australia for use in making other 
records for the purpose of retail sale and was so made by, or with the licence of, the owner of the copyright in the work; 
                           (iii) has previously been made in, or imported into, a country other than 
Australia for the purpose of retail sale, being a country that, at the 
time of the previous making or importation, was specified in the 
regulations to be a country in rela tion to which this Division applies, 
and was so made or imported by, or with the licence of, the person who was, under the law of that country, the owner of the copyright in the work; or 
                           (iv) has previously been made in a country other than Australia for use in 
making other records for the purpose of retail sale, being a country 
that, at the time of the previous making, was specified in the regulations to be a country in rela tion to which this Division applies, 
and was so made by, or with th e licence of, the person who was, 
under the law of that country, the owner of the copyright in the work; 
 
              (b) before the making of th e record, the prescribed notice of the intended making 
of the record was given to the owner of the copyright; 
              (c) the manufacturer intends to sell the record by retail, or to supply it for the 
purpose of its being sold by retail by a person other than the manufacturer, or  IP/N/1/AUS/C/3 
 Page 71 
 
 
  intends to use it for making other records that are to be so sold or supplied; 
and 
  (d) where the record is so sold  or supplied by the manufacturer: 
                            (i) the sale or supply is made with the licence of the owner of the 
copyright; and 
   (ii) the prescribed royalty is paid to the owner of the copyright:                                         (A) in the manner agreed between the manufacturer and the 
owner of the copyright or, failing such agreement, 
determined by the Copyright Tribunal under section 152B; or 
                                       (B) if no such agreement or determination is in force—in the 
manner prescribed by the regulations. 
  (3) Subparagraph (1)(d)(i) does not apply in rela tion to a record of a work (other than a 
work that was made for the purpose of be ing performed, or has been performed, in 
association with a dramatic work or has been included in a cinematograph film) if the sale or supply is made after the expiration of  the prescribed period after the earliest of 
the following dates: 
               (a) the date of the first making in, or the date of the first importation into, 
Australia of a previous record of the work in circumstances referred to in 
subparagraph (1)(a)(i) or (ii); 
              (b) the date of the first suppl ying (whether by sale or otherwise) to the public in a 
country referred to in subparagraph (1)(a)(iii) or (iv) of a previous record of the work made in, or imported into, that  country in circumstances referred to 
in that subparagraph. 
  (4) Regulations prescribing a period for the purposes of the last preceding subsection 
may prescribe different periods in relation to different classes of records. 
  (5) If, apart from this subsection, the amount of royalty payable in respect of a record 
under this section would be less than one cen t, that amount of royalty is one cent. 
  (6) In this section: 
 
  prescribed royalty , in relation to a record of a musical work, means: 
 
              (a) such amount of royalty as is agreed between the manufacturer and the owner 
of the copyright in the work or, faili ng such agreement, as is determined by 
the Copyright Tribunal under section 152A; or 
              (b) if no such agreement or  determination is in force—an amount equal to 6.25% 
of the retail selling price of the record. 
 
57  Provisions relating to royalty where 2 or more works are on the one record 
 
  Where a record comprises 2 or more musical  works, whether or not there is any other 
matter comprised in the record: 
 
              (a) if the record includes a work in which copyright does not subsist or works in 
which copyrights do not subsist the roya lty payable in respect of the record 
is, subject to the next succeeding paragraph, the amount that bears to the amount that, but for this section, would be the amount of the royalty the same IP/N/1/AUS/C/3 
Page 72  
 
  proportion as the number of works in the record in which copyrights subsist 
bears to the total number of works in the record; and 
  (b) if the record includes 2 or mo re works in which copyrights subsist: 
                           (i) subject to  this Division, the royalty paya ble in respect of the record 
shall not be less than One cent in re spect of each work in the record 
in which copyright subsists; and 
                           (ii) if the owners of the copyrights in the works in the record in which 
copyrights subsist are different pers ons there shall be paid to the 
owner of the copyright in each work , in respect of that work, an 
amount ascertained by dividing the amount of the royalty payable in 
respect of the record by the number of works in the record in which 
copyrights subsist. 
 
59  Conditions upon which manufacturer may include part of a literary or dramatic work in a 
record of a musical work 
 
 (1) Where:                (a) a person makes in Australia a record comprising the performance of a 
musical work in which words are sung, or  are spoken incidentally to or in 
association with the music, whether or not there is any other matter 
comprised in the record; 
              (b) copyright does not subsis t in that work or, if copyright so subsists, the 
requirements specified in subsection 55(1) are complied with in relation to that copyright; 
              (c) the words consist or fo rm part of a literary or dramatic work in which 
copyright subsists; 
              (d) a record of the musical work in which those words, or words substantially the 
same as those words, were sung, or were spoken incidentally to or in association with the music: 
                            (i) has previously been made in, or imported into, Australia for the 
purpose of retail sale and was so made or imported by, or with the 
licence of, the owner of the copyright in the literary or dramatic work; 
                           (ii) has previously been made in Australia for use in making other 
records for the purpose of retail sale and was so made by, or with the 
licence of, the owner of the copyright in the literary or dramatic 
work; 
                           (iii) has previously been made in, or imported into, a country other than 
Australia for the purpose of retail sale, being a country that, at the time of the previous making or importation, was specified in the regulations to be a country in rela tion to which this Division applies, 
and was so made or imported by, or with the licence of, the person 
who was, under the law of that country, the owner of the copyright in the literary or dramatic work; or 
                           (iv) has previously been made in a country other than Australia for use in 
making other records for the purpose of retail sale, being a country 
that, at the time of the previous making, was specified in the 
regulations to be a country in rela tion to which this Division applies, 
and was so made by, or with th e licence of, the person who was, 
under the law of that country, the owner of the copyright in the literary or dramatic work; and  IP/N/1/AUS/C/3 
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              (e) the like notice was given to the owner of the copyright in the literary or 
dramatic work as is required by paragr aph 55(1)(b) to be given to the owner 
of the copyright (if any) in the musical work and there is paid to the owner of 
the copyright in the literary or dramat ic work such amount (if any) as is 
ascertained in accordance with this section; 
  the making of the record does not constitute  an infringement of the copyright in the 
literary or dramatic work. 
  (2) Where copyright does not subsist in the musical work, the amount to be paid in 
respect of the literary or dramatic work is an amount equal to the royalty that, but for 
this section, would have been payable in r espect of the musical work if copyright had 
subsisted in the musical work. 
  (3) Where copyright subsists in the musical work as well as in the literary or dramatic 
work: 
               (a) if the copyrights in those works are owned by the same person—an amount is 
not payable in respect of the literary or dramatic work; or 
              (b) if the copyrights in those works are owned by different persons—the royalty 
that, but for this section, would have been payable in respect of the musical 
work shall be apportioned between them in such manner as they agree, or, in 
default of the agreement, as is determined by the Copyright Tribunal on the application of either of them. 
  (4) Where the owner of the copyright in a musical work and the owner of the copyright 
in a literary or dramatic work do not agr ee on the manner in which an amount is to be 
apportioned between them but the person who made the record gives an undertaking in writing to each owner to pay to him or her the portion of that amount that the Tribunal determines to be payable to him or her, then: 
               (a) paragraph 55(1)(d) and pa ragraph (1)(e) of this section have effect as if the 
payments referred to in those paragraphs had been made; and 
              (b) the person who made th e record is liable, when the amount to which an 
undertaking relates is determined, to pay that amount to the owner of the 
copyright to whom the undertaking was given and the owner may recover that amount in a court of competent jurisdiction from that person as a debt 
due to the owner. 
  (5) Regulations made for the purposes of para graph 55(1)(d) in relation to payments to 
the owner of the copyright in a musical wo rk have the like effect, with any necessary 
modifications, for the purposes of paragra ph (1)(e) of this section in relation to 
payments to the owner of the copyright in a literary or dramatic work. 
 
60  Records made partly for retail sale  and partly for gratuitous disposal 
 
  Where a person makes, in Australia, a number of records embodying the same sound 
recording, being a recording of a musical work or of a musical work and of words 
consisting or forming part of a literary or  dramatic work, with the intention of: 
               (a) selling by retail, or supplying for sale by retail by another person, a 
substantial proportion of the record s (in this section referred to as the records 
made for retail sale ); and IP/N/1/AUS/C/3 
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                (b) disposing gratuitously of the remainder of the records or supplying the 
remainder of the records for gratuitous disposal by another person; 
  this Division applies in relation to the r ecords other than the records made for retail 
sale as if: 
              (c) those records had been ma de with the intention of selling them by retail or of 
supplying them for sale by retail by another person; 
              (d) the gratuitous disposal of those records by the make r of the records, or the 
supplying of those records by the maker of the records for gratuitous disposal by another person, were a sale of the records by retail; and 
              (e) the retail selling price of those records were the same as the retail selling 
price of the records made for retail sale. 
 
61  Making inquiries in relation to previous records 
 
  Where: 
              (a) a person makes inquiries, as prescribed, for the purpose of ascertaining 
whether a record of a musical work, or a record of a musical work in which 
words consisting or forming part of a lit erary or dramatic work were sung or 
spoken, has previously been made in, or  imported into, Australia by, or with 
the licence of, the owner of the copyri ght in the musical work or in the 
literary or dramatic work, as the case may be, for the purpose of retail sale or 
for use in making other records for the purpose of retail sale; and 
  (b) an answer to those inquiries is not received within the prescribed period;   a record of that musical work, or a reco rd of that work in which those words were 
sung or spoken, as the case may be, shall, fo r the purposes of the application of this 
Division: 
  (c) in relation to the person who made the inquiries; or 
              (d) in relation to a person who makes records of the musical work, or records of 
that work in which those words or s ubstantially the same words are sung or 
spoken, for the purpose of supplying those records to the person who made the inquiries in pursuance of an agreement entered into between those persons for the making of the records; 
  be taken to have been previously made in, or imported into, Australia with the licence 
of the owner of that copyright for the purpose of retail sale or for use in making other records for the purpose of retail sale, as the case may be. 
 
64  Sections 55 and 59 to be disregarded in de termining whether an infringement has been 
committed by the importation of records 
 
  For the purpose of any provision of this Act relating to imported articles, in 
determining whether the making of a reco rd made outside Australia would have 
constituted an infringement of copyright if th e record had been made in Australia by 
the importer, sections 55 and 59 shall be disregarded. 
 
Division 7—Acts not constituting infrin gements of copyright in artistic works 
 65  Sculptures and certain other works in public places 
  (1) This section applies to sculptures and to  works of artistic craftsmanship of the kind 
referred to in paragraph (c) of the definition of artistic work  in section 10. 
 (2) The copyright in a work to which this sec tion applies that is situated, otherwise than 
temporarily, in a public place, or in premis es open to the public, is not infringed by  IP/N/1/AUS/C/3 
 Page 75 
 
 
  the making of a painting, drawing, engravi ng or photograph of the work or by the 
inclusion of the work in a cinematograph film or in a television broadcast. 
 
66  Buildings and models of buildings 
   The copyright in a building or a model of a building is not infringed by the making of 
a painting, drawing, engraving or photogr aph of the building or model or by the 
inclusion of the building or model in a cinematograph film or in a television broadcast. 
 67  Incidental filming or televising of artistic works 
 
  Without prejudice to the last two preceding sections, the copyright in an artistic work 
is not infringed by the inclusion of the work in a cinematograph film or in a television 
broadcast if its inclusion in the film or br oadcast is only incidental to the principal 
matters represented in the film or broadcast. 
 
68  Publication of artistic works 
 
  The copyright in an artistic work is not  infringed by the publication of a painting, 
drawing, engraving, photograph or cinemat ograph film if, by virtue of section 65, 
section 66 or section 67, the making of that painting, drawing, engraving, photograph 
or film did not constitute an infringement of the copyright. 
 
70  Reproduction for purpose of including work in television broadcast 
  (1) Where the inclusion of an artistic work  in a television broad cast made by a person 
would not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infri ngement of copyright in the work but the 
making by the person of a cinematograph film of the work would, apart from this subsection, constitute such an infringement, the copyright in the work is not infringed 
by the making by the person of such a film solely for the purpose of the inclusion of 
the work in a television broadcast. 
  (2) The last preceding subsection does not apply in  relation to a film if a copy of the film 
is used for a purpose other than: 
 
              (a) the inclusion of the wo rk in a television broadcast in circumstances that do 
not (whether by reason of an assignment or licence or of the operation of a provision of this Act) constitute an infri ngement of the copyright in the work; 
or 
              (b) the making of further copies of the film for the purpose of the inclusion of the 
work in such a broadcast. 
 
 (3) Subsection (1) does not apply in relation to a film where a copy of the film is used for 
the purpose of the inclusion of the work in a television broadcast made by a person 
who is not the maker of the film unless the maker has paid to the owner of the copyright in the work such amount as they agree or, in default of agreement, has 
given an undertaking in writing to the owner to pay to the owner such amount as is 
determined by the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the film. 
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   (4) A person who has given an undertaking re ferred to in the last preceding subsection is 
liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the work and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner. 
 
 (5) Subsection (1) does not appl y in relation to a film unless, before the expiration of the 
period of 12 months commencing on the day on which any of the copies of the film is 
first used for including the work in a tele vision broadcast in accordance with that 
subsection, or before the expiration of su ch further period, if any, as is agreed 
between the maker of the film and the owne r of the copyright in the work, all the 
copies of the film are destroyed or ar e delivered, with the consent of the 
Director-General of the Australian Ar chives, to the Australian Archives. 
  (6) The Director-General of the Australian Archives shall not consen t to the delivery to 
the Australian Archives in accordance with s ubsection (5) of a copy of a film unless 
he or she has certified that the film is of an exceptional documentary character. 
 
72   Reproduction of part of work in later work 
 
 (1) The copyright in an artistic work is not infringed by the making of a later artistic 
work by the same author if, in making the later work, the author does not repeat or 
imitate the main design of the earlier work. 
  (2) The last preceding subsection has effect notwithstanding that part of the earlier work 
is reproduced in the later work and that, in  reproducing the later work, the author used 
a mould, cast, sketch, plan, model or study made for the purposes of the earlier work. 
 
73  Reconstruction of buildings 
 
 (1) Where copyright subsists in a building, the copyright is not infringed by a 
reconstruction of that building. 
 
 (2) Where a building has been constructed in  accordance with architectural drawings or 
plans in which copyright subsists and has b een so constructed by, or with the licence 
of, the owner of that copyright, that copyright is not infringed by a later reconstruction of the building by reference to those drawings or plans. 
 
Division 8—Designs 
 74  Corresponding design 
 
  In this Division:  
  corresponding design , in relation to an artistic work, means a design that, when 
applied to an article, results in a reproduction of that work, but does not include a design consisting solely of features of  two-dimensional pattern or ornament 
applicable to a surface of an article. 
 
75  Copyright protection where corresponding design registered 
 
  Subject to section 76, where copyright s ubsists in an artistic work (whether made 
before the commencement of this section or  otherwise) and a corresponding design is  IP/N/1/AUS/C/3 
 Page 77 
 
 
  or has been registered under the Designs Act 1906 on or after that commencement, it 
is not an infringement of that copyright to reproduce the work by applying that, or any other, corresponding design to an article. 
 
76  False registration of industrial designs 
 
 (1) This section has effect where:                (a) copyright subsists in an artistic work and proceedings are brought under this 
Act in relation to that work; 
              (b) a corresponding design has been registered under the Designs Act 1906-1968 
and the monopoly in the design that subsisted by virtue of that registration had not expired by effluxion of time before the commencement of those 
proceedings; and 
              (c) it is established in tho se proceedings that the person registered as the owner 
of the design was not the owner of the design for the purposes of the Designs 
Act 1906-1968 and was so registered without the knowledge of the owner of 
the copyright in the artistic work. 
  (2) Subject to the next succeeding sub section, for the purposes of the proceedings 
referred to in the last preceding subsection: 
              (a) the design shall be deemed never to have been registered under the Designs 
Act 1906-1968 ; 
              (b) the last preceding section does not apply in relation to anything done in 
respect of the design; and 
  (c) nothing in the Designs Act 1906-1968  constitutes a defence. 
 
 (3) Notwithstanding anything in the last preced ing subsection, if in the proceedings it is 
established that an act to which the proceedings relate: 
               (a) was done by an assignee of, or under a licence granted by, the person 
registered as the owner of the design; and 
              (b) was so done in good faith in reliance upon the registration and without notice 
of any proceedings for the cancellation of the registration or for rectifying the entry in the Register of Designs in relation to the design; 
  the last preceding section applies in re lation to that act for the purposes of the 
first-mentioned proceedings. 
 
77  Application of artistic works as industrial designs without registration of the designs 
 
 (1) This section applies where:                (a) copyright subsists in an  artistic work (other than a building or a model of a 
building, or a work of artistic craf tsmanship) whether made before the 
commencement of this section or otherwise; 
              (b) a corresponding design is applied industrially, whether in Australia or 
elsewhere, by or with the licence of the ow ner of the copyright in the work in 
the place where the industrial application happens; 
              (c) at any time on or after the commencement of this section, articles to which 
the corresponding design has been so applied (in this section called articles 
made to the corresponding design ) are sold, let for hire or offered or exposed 
for sale or hire, whether in Australia or elsewhere; and IP/N/1/AUS/C/3 
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                (d) at that time, the corresponding design is not registrable under the Designs 
Act 1906 or has not been registered under that Act. 
  (2) It is not an infringement of the copyri ght in the artistic work to reproduce the work, 
on or after the day on which articles made  to the corresponding design are first so 
sold, let for hire or offered or exposed for sale or hire, by applying that, or any other, 
corresponding design to an article. 
  (3) This section does not apply in relation to an y articles in respect of which, at the time 
when they were sold, let for hire or offered or exposed for sale or hire, the 
corresponding design concerned was excluded from registration by regulations made 
under the Designs Act 1906 , and, for the purposes of any proceedings under this Act, 
a design shall be conclusively presu med to have been so excluded if: 
               (a) before the commenc ement of the proceedings, an application for the 
registration of the design under that Act in respect of those articles had been 
refused; 
              (b) the reason, or one of the reasons, given for the refusal was that the design was 
excluded from registration under that Act by regulations made under that Act; 
and 
              (c) when the proceedings  were commenced, no appeal against the refusal had 
been allowed or was pending. 
  (4) The regulations may specify the circumst ances in which a design is, for the purposes 
of this section, to be taken to be applied industrially. 
 Division 9—Works of joint authorship  78  References to all of joint authors 
 
  Subject to this Division, a reference in this  Act to the author of a work shall, unless 
otherwise expressly provided by this Act, be  read, in relation to a work of joint 
authorship, as a reference to all the authors of the work. 
 
79  References to any one or more of joint authors 
 
  The references in section 32, and in subsecti on 34(2) to the author of a work shall, in 
relation to a work of joint authorship, be r ead as references to any one or more of the 
authors of the work. 
 
80  References to whichever of joint authors died last 
 
  The references in sections 33 and 51 to the author of a work shall, in relation to a 
work of joint authorship other than a work to which the next succeeding section 
applies, be read as references to the author who died last. 
 
81  Works of joint authorship published under pseudonyms 
  (1) This section applies to a work of joint authorship that was first published under 2 or 
more names of which one was a pseudonym or 2 or more (but not all) were pseudonyms. 
 (2) This section also applies to a work of jo int authorship that was first published under 2 
or more names all of which were pseudonym s if, at any time within 50 years after the  IP/N/1/AUS/C/3 
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  expiration of the calendar year in which the work was first published, the identity of 
one or more (but not all) of the author s was generally known or could be ascertained 
by reasonable inquiry. 
  (3) The references in sections 33 and 51 to the author of a work shall, in relation to a 
work to which this section applies, be read  as references to the author whose identity 
was disclosed or, if the identity of 2 or  more of the authors was disclosed, as 
references to whichever of those authors died last. 
  (4) For the purposes of this section, the iden tity of an author shall be deemed to have 
been disclosed if: 
               (a) one of the names under which the work was published was the name of that 
author; or 
              (b) the identity of that author is generally known or can be ascertained by 
reasonable inquiry. 
 
82  Copyright to subsist in joint works without regard to any author who is an unqualified 
person 
 
 (1) Subsection 35(2) has effect, in relation to a work of joint authorship of which one of 
the authors is an unqualified person, or 2 or  more (but not all) of the authors are 
unqualified persons, as if the author or aut hors, other than unqualified persons, had 
alone been the author or authors, as the case may be, of the work. 
  (2) For the purposes of the last preceding sub section, a person is an  unqualified person in 
relation to a work where, if he or she had alone been the author of the work, copyright 
would not have subsisted in the work by virtue of this Part. 
 
83  Inclusion of joint works in collect ions for use in places of education 
 
  The reference in subsection 44(2) to ot her extracts from, or from adaptations of, 
works by the author of the extract concerned: 
               (a) shall be read as includi ng a reference to extracts from, or from adaptations of, 
works by the author of the extract concerned in collaboration with any other person; or 
              (b) if the extract concerne d is from, or from an adaptation of, a work of joint 
authorship shall be read as including a reference to extracts from, or from adaptations of, works by any one or more of the authors of the extract concerned, or by any one or more of those authors in collaboration with any other person. 
 Part IV—Copyright in subject-matter other than works  Division 1—Preliminary  84  Interpretation 
 
  In this Part, qualified person  means: 
               (a) an Australian citizen, an  Australian protected person or a person (other than a 
body corporate) resident in Australia; or IP/N/1/AUS/C/3 
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                (b) a body corporate incorporated under a law of the Commonwealth or of a 
State. 
 
Division 2—Nature of copyright in subject-matter other than works 
 
85  Nature of copyright in sound recordings  
 (1) For the purposes of this Act, unless the c ontrary intention appears, copyright, in 
relation to a sound recording, is the exclusive right to do all or any of the following acts: 
 
  (a) to make a copy of the sound recording;   (b) to cause the recordi ng to be heard in public; 
  (c) to communicate the recording to the public;   (d) to enter into a commercial rental arrangement in respect of the recording. 
 
 (2) Paragraph (1)(d) does not extend to entr y into a commercial rental arrangement in 
respect of a sound recording if: 
               (a) the copy of the sound recording was purchased by a person ( the record 
owner ) before the commencement of Part 2 of the Copyright (World Trade 
Organization Amendments) Act 1994 ; and 
              (b) the commercial rental arra ngement is entered into in the ordinary course of a 
business conducted by the record owner; and 
              (c) the record owner was conducting the same business, or another business that 
consisted of, or included, the making of  commercial rental arrangements in 
respect of copies of sound record ings, when the copy was purchased. 
 
86  Nature of copyright in cinematograph films 
 
  For the purposes of this Act, unless the c ontrary intention appears, copyright, in 
relation to a cinematograph film, is the exclusive right to do all or any of the following acts: 
 
  (a) to make a copy of the film;               (b) to cause the film, in so fa r as it consists of visual images, to be seen in public, 
or, in so far as it consists of  sounds, to be heard in public; 
  (c) to communicate the film to the public. 
 
87  Nature of copyright in television broadcasts and sound broadcasts 
 
  For the purposes of this Act, unless the c ontrary intention appears, copyright, in 
relation to a television broadcast or sound broadcast, is the exclusive right: 
 
              (a) in the case of a television broadcast in so far as it consists of visual images—
to make a cinematograph film of the broadcast, or a copy of such a film; 
              (b) in the case of a sound broadcast, or of a television broadcast in so far as it 
consists of sounds—to make a sound record ing of the broadcast, or a copy of 
such a sound recording; and 
              (c) in the case of a televi sion broadcast or of a sound broadcast—to re-broadcast 
it or communicate it to the public otherwise than by broadcasting it. 
  IP/N/1/AUS/C/3 
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  88  Nature of copyright in published editions of works 
 
  For the purposes of this Act, unless the c ontrary intention appears, copyright, in 
relation to a published edition of a literary, dramatic, musical or artistic work or of two or more literary, dramatic, musical or artistic works, is the exclusive right to 
make a facsimile copy of the edition. 
 
Division 3—Subject-matter, other than works, in which copyright subsists 
 89  Sound recordings in which copyright subsists 
 
 (1) Subject to this Act, copyright subsists  in a sound recording of which the maker was a 
qualified person at the time when the recording was made. 
  (2) Without prejudice to the last preceding s ubsection, copyright subsists, subject to this 
Act, in a sound recording if the recording was made in Australia. 
  (3) Without prejudice to the last two precedi ng subsections, copyright subsists, subject to 
this Act, in a published sound recording if the first publication of the recording took 
place in Australia. 
 90  Cinematograph films in which copyright subsists 
 
 (1) Subject to this Act, copyright subsists  in a cinematograph film of which the maker 
was a qualified person for the whole or a s ubstantial part of the period during which 
the film was made. 
 
 (2) Without prejudice to the last preceding s ubsection, copyright subsists, subject to this 
Act, in a cinematograph film if the film was made in Australia. 
  (3) Without prejudice to the last two precedi ng subsections, copyright subsists, subject to 
this Act, in a published cinematograph film  if the first publication of the film took 
place in Australia. 
 
91  Television broadcasts and sound broadcasts in which copyright subsists 
 
  Subject to this Act, copyright subsists in a television broadcast or sound broadcast 
made from a place in Australia: 
              (a) under the authority of a licence or a class licence under the Broadcasting 
Services Act 1992 ; or 
              (b) by the Australian Br oadcasting Corporation or the Special Broadcasting 
Service Corporation. 
 92  Published editions of works in which copyright subsists 
 
 (1) Subject to this Act, copyright subsists  in a published edition of a literary, dramatic, 
musical or artistic work, or of 2 or more literary, dramatic, musical or artistic works, 
where: 
 
  (a) the first publication of the edition took place in Australia; or               (b) the publisher of the ed ition was a qualified person at the date of the first 
publication of the edition. 
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   (2) The last preceding subsection does not apply to an edition that reproduces a previous 
edition of the same work or works. 
 
Division 4—Duration of copyright in subject-matter other than works 
 
93  Duration of copyright in sound recordings  
  Copyright subsisting in a sound recording by virtue of this Part continues to subsist 
until the expiration of 50 years after the expi ration of the calendar year in which the 
recording is first published. 
 
94  Duration of copyright in cinematograph films 
 
 (1) Copyright subsisting in a cinematograph film by virtue of subsection 90(1) or (2) 
continues to subsist until the film is publis hed and, after the publication of the film, 
until the expiration of 50 years after the expi ration of the calendar year in which the 
film was first published. 
  (2) Copyright subsisting in a cinematogra ph film by virtue only of subsection 90(3) 
continues to subsist until the expiration of 50 years after the expiration of the calendar 
year in which the film was first published. 
 
95  Duration of copyright in television broadcasts and sound broadcasts 
 
 (1) Copyright subsisting in a television broa dcast or sound broadcast by virtue of this 
Part continues to subsist until the expirati on of 50 years after the expiration of the 
calendar year in which the broadcast was made. 
  (2) In so far as a television broadcast or so und broadcast is a repetition (whether the first 
or a subsequent repetition) of a previous television broadcast or sound broadcast to 
which section 91 applies, and is made by  broadcasting visual images or sounds 
embodied in any article or thing: 
 
              (a) if it is made before the expiration of the period of 50 years after the 
expiration of the calendar year in which the previous broadcast was made—any copyright subsisting in it expires at  the expiration of that period; and 
              (b) if it is made after the expiration of that period—copyright does not subsist in 
it by virtue of this Part. 
 
96  Duration of copyright in published editions of works 
 
  Copyright subsisting in a published edition of a work or works by virtue of this Part 
continues to subsist until the expiration of 25 years after the expiration of the calendar 
year in which the edition was first published. 
 
Division 5—Ownership of copyright in subject-matter other than works 
 97  Ownership of copyright in sound recordings 
 
 (1) This section has effect subject to Parts VII and X.   (2) Subject to the next succeeding subsec tion, the maker of a sound recording is the 
owner of any copyright subsisting in the recording by virtue of this Part.  IP/N/1/AUS/C/3 
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 (3) Where:                (a) a person makes, for valu able consideration, an ag reement with another person 
for the making of a sound recording by the other person; and 
  (b) the recording is made in pursuance of the agreement; 
  the first-mentioned person is, in the ab sence of any agreement to the contrary, the 
owner of any copyright subsisting in the recording by virtue of this Part. 
 
98  Ownership of copyright in cinematograph films 
 
 (1) This section has effect subject to Parts VII and X.   (2) Subject to the next succeeding subsection,  the maker of a cinematograph film is the 
owner of any copyright subsisting in the film by virtue of this Part. 
 
 (3) Where:                (a) a person makes, for valu able consideration, an ag reement with another person 
for the making of a cinematograph film by the other person; and 
  (b) the film is made in pursuance of the agreement; 
  the first-mentioned person is, in the ab sence of any agreement to the contrary, the 
owner of any copyright subsisting in the film by virtue of this Part. 
 
99  Ownership of copyright in television broadcasts and sound broadcasts 
   Subject to Parts VII and X, the maker of a television broadcast or sound broadcast is 
the owner of any copyright subsisting in the broadcast. 
 
100  Ownership of copyright in published editions of works 
 
  Subject to Parts VII and X, the publisher of an edition of a work or works is the 
owner of any copyright subsisting in the edition by virtue of this Part. 
 
Division 6—Infringement of copyright in subject-matter other than works 
 100A  Interpretation 
 
  In this Division, audio-visual item  means a sound recording, a cinematograph film, a 
sound broadcast or a television broadcast. 
 
101  Infringement by doing acts comprised in copyright 
  (1) Subject to this Act, a copyright subsisting by virtue of this Part is infringed by a 
person who, not being the owner of the copyright, and without the licence of the 
owner of the copyright, does in Australia, or authorizes the doing in Australia of, any 
act comprised in the copyright. 
 
 (1A) In determining, for the purposes of subsection (1), whether or not a person has 
authorised the doing in Australia of any act comprised in a copyright subsisting by virtue of this Part without the licence of the owner of the copyright, the matters that must be taken into account include the following: 
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                (a) the extent (if any) of the person’s power to prevent the doing of the act 
concerned; 
              (b) the nature of any re lationship existing between th e person and the person who 
did the act concerned; 
              (c) whether the person took any other reasonable steps to prevent or avoid the 
doing of the act, including whether the person complied with any relevant 
industry codes of practice. 
  (2) The next two succeeding sections do not a ffect the generality of the last preceding 
subsection. 
 
 (3) Subsection (1) applies in relation to an act done in relation to a sound recording 
whether the act is done by directly or indirectly making use of a record embodying the recording. 
 
 (4) Subsection (1) applies in relation to an act  done in relation to a television broadcast or 
a sound broadcast whether the act is done by the reception of the broadcast or by 
making use of any article or thing in which the visual images and sounds comprised in the broadcast have been embodied. 
 
102  Infringement by importation for sale or hire 
 
 (1) Subject to sections 112A, 112C and 112D, a copyright subsisting by virtue of this 
Part is infringed by a person who, without the licence of the owner of the copyright, 
imports an article into Australia for the purpose of: 
 
              (a) selling, letting for hire, or by way of trade offering or exposing for sale or 
hire, the article; 
  (b) distributing the article:     (i) for the purpose of trade; or                            (ii) for an y other purpose to an extent that will affect prejudicially the 
owner of the copyright; or 
  (c) by way of trade exhibiting the article in public;   if the importer knew, or ought reasonabl y to have known, that the making of the 
article would, if the article had been ma de in Australia by the importer, have 
constituted an infringement of the copyright. 
 
 (2) In relation to an accessory to an article th at is or includes a copy of subject-matter in 
which copyright subsists by virtue of this  Part, being a copy that was made without 
the licence of the owner of the copyright in  the country in which the copy was made, 
subsection (1) has effect as if the words “the importer knew, or ought reasonably to 
have known, that” were omitted. 
 
103  Infringement by sale and other dealings 
 
 (1) Subject to sections 112A, 112C and 112D, a copyright subsisting by virtue of this 
Part is infringed by a person who, in Aust ralia, and without the licence of the owner 
of the copyright: 
               (a) sells, lets for hire, or by way of trade offers or exposes for sale or hire, an 
article; or 
  (b) by way of trade exhibits an article in public;  IP/N/1/AUS/C/3 
 Page 85 
 
 
    if the person knew, or ought reasonably to have known, that the making of the article 
constituted an infringement of the copyright  or, in the case of an imported article, 
would, if the article had been made in Au stralia by the importer, have constituted an 
infringement of the copyright. 
 
 (2) For the purposes of the last preceding su bsection, the distribution of any articles: 
   (a) for the purpose of trade; or               (b) for any other purpose to an  extent that affects prejudicially the owner of the 
copyright concerned; 
  shall be taken to be the sale of those articles. 
 
103A  Fair dealing for purpose of criticism or review 
 
  A fair dealing with an audio-visual item does not constitute an infringement of the 
copyright in the item or in any work or other audio-visual item included in the item if 
it is for the purpose of criticism or re view, whether of the first-mentioned 
audio-visual item, another audio-visual item or a work, and a sufficient acknowledgement of the first-menti oned audio-visual item is made. 
 
103B  Fair dealing for purpose of reporting news 
 
 (1) A fair dealing with an audio-visual item does not constitute an infringement of the 
copyright in the item or in any work or other audio-visual item included in the item if: 
               (a) it is for the purpose of, or is associated with, the reporting of news in a 
newspaper, magazine or similar peri odical and a sufficient acknowledgement 
of the first-mentioned audio-visual item is made; or 
              (b) it is for the purpose of, or is associated with, the reporting of news by means 
of a communication or in a cinematograph film. 
 
103C  Fair dealing for purpose of research or study 
 
 (1) A fair dealing with an audio-visual item does not constitute an infringement of the 
copyright in the item or in any work or other audio-visual item included in the item if it is for the purpose of research or study. 
 
 (2) For the purposes of this Act, the matters to which regard shall be had in determining 
whether a dealing with an audio-visual ite m constitutes a fair dealing for the purpose 
of research or study include: 
   (a) the purpose and character of the dealing;   (b) the nature of the audio-visual item; 
              (c) the possibility of obtaini ng the audio-visual item within a reasonable time at 
an ordinary commercial price; 
              (d) the effect of the dea ling upon the potential market for, or value of, the 
audio-visual item; and 
              (e) in a case where part only of the audio-visual item is  
copied—the amount and substantiality of the part copied taken in relation to 
the whole item. 
104  Acts done for purposes of judicial proceeding 
 
  A copyright subsisting by virtue of th is Part is not infringed by anything done: IP/N/1/AUS/C/3 
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              (a) for the purpose of a judicial proceeding or a report of a judicial proceeding; 
or 
  (b) for the purpose of seeking professional advice from:  
   (i) a legal practitioner; or 
                           (ii) a person registered as a patent attorney under the Patents Act 1990 ; 
or 
                           (iii)  a person registered as a tr ade marks attorney under the Trade Marks 
Act 1995 ; or 
 
   (c) for the purpose of, or in the course of, the giving of professional advice by:     (i) a legal practitioner; or 
                           (ii) a person registered as a patent attorney under the Patents Act 1990 ; 
or 
                           (iii)  a person registered as a tr ade marks attorney under the Trade Marks 
Act 1995 . 
 
104A  Acts done by Parliamentary libraries for members of Parliament 
 
  A copyright subsisting by virtue of this Part is not infringed by anything done, for the 
sole purpose of assisting a person who is a member of a Parliament in the performance of the person’s duties as such a member, by an authorized officer of a 
library, being a library the principal purpose of which is to provide library services 
for members of that Parliament. 
 
104B  Infringing copies made on machines installed in libraries and archives 
 
  If:  
              (a) a person makes an infringing copy of, or of part of, an audio-visual item or a 
published edition of a work on a machine (including a computer), being a machine installed by or with the approva l of the body administering a library 
or archives on the premises of the library or archives, or outside those premises for the convenience of persons  using the library or archives; and 
              (b) there is affixed to, or in close proximity to, the machine, in a place readily 
visible to persons using the machine, a notice of the prescribed dimensions 
and in accordance with the prescribed form; 
  neither the body administering the library or  archives, nor the officer in charge of the 
library or archives, is taken to have authorised the making of the infringing copy merely because the copy was made on that machine. 
 
105  Copyright in certain recordings not infringed by causing recordings to be heard in public 
or broadcast 
 
  Copyright subsisting in a sound recording by virtue only of subsection 89(3) is not 
infringed by the causing of the recording to be heard in public or by the broadcasting 
of the recording. 
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  106  Causing sound recording to be heard at guest house or club 
 
 (1) Where a sound recording is caused to be heard in public:                (a) at premises where persons reside or sleep, as part of the amenities provided 
exclusively for residents or inmates of the premises or for those residents or 
inmates and their guests; or 
              (b) as part of the activities of, or for the benefit of, a club, society or other 
organization that is not established or  conducted for profit and the principal 
objects of which are charitable or are otherwise concerned with the 
advancement of religion, edu cation or social welfare; 
  the act of causing the recording to be so  heard does not constitute an infringement of 
the copyright in the recording. 
  (2) The last preceding subsection does not apply: 
 
              (a) in relation to premis es of a kind referred to in  paragraph (a) of that 
subsection, if a specific charge is made for admission to the part of the premises where the recording is to be heard; or 
              (b) in relation to an organi zation of a kind referred to in paragraph (b) of that 
subsection, if a charge is made for admission to the place where the recording 
is to be heard and any of the proceed s of the charge are applied otherwise 
than for the purposes of the organization. 
  (3) A reference in the last preceding subsec tion to a specific charge, or a charge, made 
for admission includes a reference to a specifi c charge, or a charge, made partly for 
admission and partly for other purposes. 
 
107  Making of a copy of the sound recording for purpose of broadcasting 
 
 (1) Where the broadcasting by a person of  a sound recording would not (whether by 
reason of an assignment or licence or of the operation of a provision of this Act) 
constitute an infringement of the copyright in the recording but the making by the 
person of a copy of the sound recording woul d, apart from this subsection, constitute 
such an infringement, the co pyright in the recording is not infringed by the making by 
the person of a copy of the sound recording in association with other matter solely for the purpose of the broadcasting of the record ing in association with the other matter. 
 
 (2) The last preceding subsection does not apply in relation to a copy of a sound 
recording if the copy is used for a purpose other than: 
               (a) the broadcasting of the recording in circumstances that do not (whether by 
reason of an assignment or licence or of the operation of a provision of this 
Act) constitute an infringement of the copyright in the recording; or 
              (b) the making of further copies of the sound recording for the purpose of the 
broadcasting of the recording in such circumstances. 
  (3) Subsection (1) does not apply in relation to a copy of a sound recording where the 
copy is used for the purpose of the broadcasting of the recording by a person who is 
not the maker of the copy unless the maker has paid to the owner of the copyright in the recording such amount as they agree or, in default of agreement, has given an 
undertaking in writing to the owner to pay to the owner such amount as is determined IP/N/1/AUS/C/3 
Page 88  
 
  by the Copyright Tribunal, on the applicati on of either of them, to be equitable 
remuneration to the owner for the making of the copy. 
  (4) A person who has given an undertaking re ferred to in the last preceding subsection is 
liable, when the Copyright Tribunal has determined the amount to which the 
undertaking relates, to pay that amount to the owner of the copyright in the recording 
and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner. 
  (5) Subsection (1) does not apply in relation to a copy of a sound recording unless, before 
the expiration of the period of 12 months commencing on the day on which any of the 
copies made in accordance with that subsec tion is first used for broadcasting the 
recording in accordance with that subsection, or before the expira tion of such further 
period, if any, as is agreed between the maker of the copy and the owner of the copyright in the recording, all the copies made in accordance with that subsection are 
destroyed or are delivered, with the consent of the Director-General of the Australian 
Archives, to the Australian Archives. 
  (6) The Director-General of the Australian Archives shall not consen t to the delivery to 
the Australian Archives in acco rdance with subsection (5) of a copy of a sound 
recording unless he or she has certified th at the recording is of an exceptional 
documentary character. 
  (7) In this section: 
 
  broadcasting  does not include simulcasting. 
 
108  Copyright in published recording not infr inged by public performance if equitable 
remuneration paid 
 
 (1) The copyright in a sound recording that has been published is not infringed by a 
person who causes the recording to be heard in public if: 
 
               (a) the person has paid to  the owner of the copyrigh t in the recording such 
amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to the owne r such amount as is determined by the 
Copyright Tribunal, on the application of either of them, to be equitable 
remuneration to the owner for the causing of the recording to be heard in 
public; and 
              (b) in the case of a reco rding that was first published outside Australia—the 
recording has been published in Australia or the prescribed period after the date of the first publication of the recording has expired. 
 
 (2) A person who has given an undertaking re ferred to in the last preceding subsection is 
liable, when the Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the recording and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner. 
 
 (3) Regulations prescribing a period for the purposes of paragraph (1)(b) may prescribe 
different periods in relation to di fferent classes of sound recordings. 
  IP/N/1/AUS/C/3 
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  109  Copyright in published sound recording not infringed by broadcast in certain 
circumstances 
 
 (1) Subject to this section, the copyright in a published sound recording is not infringed 
by the making of a broadcast (other than a broadcast transmitted for a fee payable to 
the person who made the broadcast) of that recording if: 
               (a) where there is no order of the Tribunal in force under section 152 applying to 
the maker of that broadcast in relati on to the time when that broadcast was 
made—the maker of that broadcast has given an undertaking in writing to the 
person who is the owner of the copyright  in that recording to pay to the 
owner such amounts (if any) as may be specified in, or determined in accordance with, an order of the Tribun al made under that section in respect 
of the broadcasting by the maker, during a period within which that broadcast was made, of published sound recordings in which the copyrights are owned 
by that person and which include that recording; or 
              (b) where there is an order of the Tribunal in force under that section applying to 
the maker of that broadcast in relati on to the time when that broadcast was 
made: 
                            (i) the copyright in that recording is owned by a person who is specified 
in the order as one of the persons among whom the amount specified 
in, or determined in accordance with , the order is to be divided and 
the maker of the broadcast makes payments to the person in accordance with the order; or 
                           (ii) the c opyright in that recording is owned by a person who is not so 
specified in the order. 
  (2) The last preceding subsection does not apply in relation to a broadcast of a sound 
recording if the broadcast was made in accordance with an agreement between the 
maker of the broadcast and the owner of the copyright in the recording. 
 
 (3) Subsection (1) does not apply in relation to a broadcast of a sound recording that has 
not been published in Australia if the broad cast was made before the expiration of the 
prescribed period after the date of the first publication of the recording. 
  (4) Regulations prescribing a period for the purposes of the last preceding subsection 
may prescribe different periods in relation to different classes of sound recordings. 
  (5) Subsection (1) does not apply in relation to a broadcast of a sound recording that has 
not been published in Australia if: 
               (a) the recording consists of, or includes, a musical work in which copyright 
subsists; 
              (b) the musical work was made for the purpose of being performed, or has been 
performed, in association with a drama tic work or has been included in a 
cinematograph film; and 
              (c) records of the musical work have not been supplied (whether by sale or 
otherwise) to the public in Australia. 
  (6) For the purposes of paragraph (5)(c), a s upplying of records of a musical work shall 
be disregarded if the supplying was done otherwise than by, or with the licence of, the owner of the copyright in the work. IP/N/1/AUS/C/3 
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110   Provisions relating to cinematograph films 
 
 (1) Where the visual images forming part of  a cinematograph film consist wholly or 
principally of images that, at the time when they were first embodied in an article or 
thing, were means of communicating news, th e copyright in the film is not infringed 
by the causing of the film to be seen or h eard, or to be both seen and heard, in public 
after the expiration of 50 years after the expiration of the calendar year in which the principal events depicted in the film occurred. 
 
 (2) Where, by virtue of this Part, copyri ght has subsisted in a cinematograph film, a 
person who, after that copyright  has expired, causes the film to be seen or heard, or to 
be seen and heard, in public does not, by so doing, infringe any copyright subsisting 
by virtue of Part III in a literary, dramatic, musical or artistic work. 
 
 (3) Where the sounds that are embodied in a sound-track associated with the visual 
images forming part of a cinematograph fi lm are also embodied in a record, other 
than such a sound-track or a record derived directly or indirectly from such a sound-track, the copyright in the cinematogra ph film is not infringed by any use made 
of that record. 
 110A  Copying and communicating unpublished so und recordings and cinematograph films in 
libraries or archives 
 
  Where, at a time more than 50 years after the time at which, or the expiration of the 
period during which, a sound recording or cinematograph film was made, copyright 
subsists in the sound recordi ng or cinematograph film but: 
   (a) the sound recording or cinematogr aph film has not been published; and 
              (b) a record embodying the sound recording, or a copy of the cinematograph 
film, is kept in the collection of a library or archives where it is, subject to any regulations governing that collection, accessible to the public; 
  the copyright in the sound recording or cinematograph film and in any work or other 
subject-matter included in the sound recording or cinematograph film is not infringed: 
              (c) by the making of a copy or the communication of the sound recording or 
cinematograph film by a person for the purpose of research or study or with a view to publication; or 
              (d) by the making of a copy or the communication of the sound recording or 
cinematograph film by, or on behalf of, the officer in charge of the library or archives if the copy is supplied or co mmunicated to a person who satisfies the 
officer that he or she requires the copy for the purpose of research or study, 
or with a view to publication and that he or she will not use it for any other purpose. 
 
110B  Copying and communicating sound recordings  and cinematograph films for preservation 
and other purposes 
 
 (1) Subject to subsection (3), where a copy of a sound recording, being a sound recording 
that forms, or formed, part of the collection of a library or archives, is made by or on 
behalf of the officer in charge of the library or archives: 
               (a) if the sound recording is held in the collection in the form of a first record—
for the purpose of preserving the record against loss or deterioration or for the  IP/N/1/AUS/C/3 
 Page 91 
 
 
  purpose of research that is being, or is  to be, carried out at the library or 
archives in which the record is held or at another library or archives; 
              (b) if the sound recording is held in the collection in a published form but has 
been damaged or has deteriorated—f or the purpose of replacing the sound 
recording; or 
              (c) if the sound recording has been held in the collection in a published form but 
has been lost or stolen—for the purpose of replacing the sound recording; 
  the making of the copy does not infringe co pyright in the sound recording or in any 
work or other subject-matter included in the sound recording. 
 
 (2) Subject to subsection (3), where a copy of a cinematograph film, being a 
cinematograph film that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the o fficer in charge of the library or archives: 
               (a) if the cinematograph film is held in the collection in the form of a first 
copy—for the purpose of preserving the copy against loss or deterioration or 
for the purpose of research that is being, or is to be, carried out at the library 
or archives in which the copy is held or at another library or archives; 
              (b) if the cinematograph film  is held in the collection in a published form but has 
been damaged or has  deteriorated—for the purpose of replacing the cinematograph film; or 
              (c) if the cinematograph film has been held in the collection in a published form 
but has been lost or stolen—for the purpose of replacing the cinematograph film; 
  the making of the copy does not infringe copyright in the cinematograph film or in 
any work or other subject-matter included in the cinematograph film. 
 
 (2A) The copyright in a sound recording or cinematograph film that forms, or formed, part 
of the collection of a library or archives,  or in any work or other subject-matter 
included in such a sound recording or film, is not infringed by the communication, by or on behalf of the officer in charge of the library or archives, of a copy of the sound recording or film made under subsection (1) or (2) to officers of the library or 
archives by making it available online to be  accessed through the use of a computer 
terminal installed within the premises of th e library or archives with the approval of 
the body administering the library or archives. 
  (2B) If: 
 
              (a) a copy of a sound recordi ng or a cinematograph film is made by or on behalf 
of the officer in charge of a library or archives under this section; and 
              (b) the copy is made for the pu rpose of research that is being, or is to be, carried 
out at another library or archives; 
  the copyright in the sound recording or film, or in any work or other subject-matter 
included in it, is not infringed by the communication, by or on behalf of the officer in 
charge, of the copy to the other library or  archives by making it available online to be 
accessed through the use of a computer termin al installed within the premises of the 
other library or archives with the approval of the body administering the other library or archives. 
 
 (3) Subsection (1) does not apply in relation to a sound recording, and subsection (2) 
does not apply in relation to a cinematogra ph film, held in a published form in the 
collection of a library or archives unless an  authorised officer of the library or 
archives has, after reasonable investigation, made a declaration stating that he or she IP/N/1/AUS/C/3 
Page 92  
 
  is satisfied that a copy (not being a second-hand copy) of the sound recording or 
cinematograph film, as the case may be, cannot  be obtained within a reasonable time 
at an ordinary commercial price. 
  (4) Where a copy of an unpublished sound recording or an unpublished cinematograph 
film is made under subsection (1) or (2) by or  on behalf of the officer in charge of a 
library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply or communication of the copy by or on behalf of the officer to the other library or arch ives does not, for any purpose of this Act, 
constitute the publication of the sound reco rding or cinematograph film or of any 
work or other subject-matter included in th e sound recording or cinematograph film. 
 
110C  Making of a copy of a sound recording or cinematograph film for the purpose of 
simulcasting 
  (1) If the broadcasting of a sound recording or a cinematograph film would not for any 
reason constitute an infringement of the copyright in the recording or film, but the making of a copy of the recording or film w ould, apart from this section, constitute an 
infringement of the copyright, the copyright is not infringed by the making of a copy of the recording or film if: 
 
  (a) the recording or film from which the copy is made is in analog form; and 
              (b) the copy is made solely  for the purpose of simulcasting the recording or film 
in digital form. 
  (2) Subsection (1) does not apply in relation to a copy of a recording or film if the copy is 
used for a purpose other than: 
               (a) the simulcasting of the recording or film in circumstances that do not for any 
reason constitute an infringement of the copyright in the recording or film; or 
              (b) the making of further copies of the recording or film for the purpose of 
simulcasting the recording or film in such circumstances. 
 
 (3) Subsection (1) does not apply in relation to a copy of a recording or film unless all 
copies of the recording or film made under that subsection are destroyed on or before the relevant date specified in the regulations. 
 
 (4) For the purposes of subsection (3), the regulations may specify different dates in 
relation to different classes of sound recordings or cinematograph films. 
 
111  Filming or recording broadcasts for private and domestic use 
 
 (1) The copyright in a television broadcast in so  far as it consists of visual images is not 
infringed by the making of a cinematograph film of the broadcast, or a copy of such a 
film, for the private and domestic u se of the person by whom it is made. 
  (2) The copyright in a sound broadcast, or in a television broadcast in so far as it consists 
of sounds, is not infringed by the making of a sound recording of the broadcast, or a 
copy of such a sound recording, for the private and domestic use of the person by 
whom it is made. 
  (3) For the purposes of this section, a cinematograph film or a copy of such a film, or a 
sound recording or a copy of such a sound recording, shall be deemed to be made  IP/N/1/AUS/C/3 
 Page 93 
 
 
  otherwise than for the private and domestic u se of the person by whom it is made if it 
is made for the purpose of: 
               (a) selling a copy of the film  or sound recording, letting it for hire, or by way of 
trade offering or exposing it for sale or hire; 
              (b) distributing a copy of the film or sound recording, whether for the purpose of 
trade or otherwise; 
  (c) by way of trade exhibiting a copy of  the film or sound recording in public; 
  (d) broadcasting the film or recording; or   (e) causing the film or recording to be seen or heard in public. 
 
111A  Temporary copy made in the course of communication 
 
 (1) A copyright subsisting under this Part is  not infringed by making a temporary copy of 
an audio-visual item as part of the technical process of making or receiving a 
communication. 
  (2) Subsection (1) does not apply in relation to the making of a temporary copy of an 
audio-visual item as part of the technical process of making a communication if the making of the communication is an infringement of copyright. 
 112  Reproductions of editions of work 
 
  The copyright in a published edition of a work or works is not infringed by the 
making of a reproduction of the whole or a part of that edition if that reproduction is made in the course of: 
 
  (a) where the edition contains one work only:                             (i) a dealing with that work, being a dealing that does not, by virtue of 
section 40, 41, 42, 43 or 44, infringe copyright in that work; or 
                           (ii) the making of a copy (including a copy for a person with a print 
disability or a copy for a person with an intellectual disability) of the 
whole or a part of that work, being a copy the making of which does not, by virtue of section 49, 50, 51A, 135ZG, 135ZJ, 135ZK, 135ZL, 135ZM, 135ZN, 135ZP, 135ZQ, 135ZR, 135ZS, 135ZT or 182A, infringe copyright in that work; or 
 
  (b) where the edition contains more than one work:                             (i) a deali ng with one of those works or dealings with some or all of 
those works, being a dealing that does not, or dealings that do not, by virtue of section 40, 41, 42, 43 or 44,  infringe copyright in that work 
or those works; or 
                           (ii) the making of a copy (including a copy for a person with a print 
disability or a copy for a person with an intellectual disability) of the whole or a part of one of those works or the making of copies (including copies for persons with a print disability or copies for 
persons with an intellectual disability ) of the whole or parts of some 
or all of those works, being a copy the making of which does not, or copies the making of which do not, by virtue of section 49, 50, 51A, 135ZG, 135ZJ, 135ZK, 135ZL, 135ZM, 135ZN, 135ZP, 135ZQ, IP/N/1/AUS/C/3 
Page 94  
 
  135ZR, 135ZS, 135ZT or 182A, infringe copyright in that work or in 
those works. 
 
112A  Importation and sale etc. of books 
  (1) The copyright in an overseas edition firs t published on or after the commencing day, 
is not infringed by a person who, without the licence of the owner of the copyright, imports a non-infringing book into Australia for a purpose mentioned in paragraph 102(1)(a), (b) or (c). 
 
 (2) Subject to this section, the copyright in: 
   (a) an overseas edition first publis hed before the commencing day; or 
              (b) a published edition of a work, being an edition first published in Australia, 
whether before, on or after the commencing day; 
  is not infringed by a person who, without the licence of the owner of the copyright, 
imports a copy (in this subsection called the imported copy ) of a hardback or 
paperback version of a non-infringing book into Australia for a purpose mentioned in paragraph 102(1)(a), (b) or (c) if: 
              (c) the person had ordered in writing from the copyright owner, or the owner’s 
licensee or agent, one or more copies of that version of the book (not being 
second-hand copies or more copies than we re needed to satisfy the person’s 
reasonable requirements); and 
              (d) when the person ordered the imported copy, the original order mentioned in 
paragraph (c) had not been withdrawn or  cancelled by, or with the consent of, 
the person and: 
 
                           (i) at least 7 days had elapsed since the person placed the original order 
and the copyright owner, licensee or agent had not notified the person 
in writing that the original order w ould be filled within 90 days after 
it was placed; or 
                           (ii) at l east 90 days had elapsed since the person placed the original order 
and the copyright owner, licensee or agent had not filled the order. 
  (3) The copyright in a published edition of a work (whether the edition was first 
published before, on or after the commencing day) is not infringed by a person who, 
without the licence of the owner of the copyright, imports a single copy of a 
non-infringing book into Australia if the importation is for the purpose of filling a 
written order, or a verifiable telephone or der, by a customer of the person and: 
               (a) in the case of a written order, the order contains a statement, signed by the 
customer; or 
  (b) in the case of a telephone order, the customer makes a verifiable statement; 
  to the effect that the customer doe s not intend to use the book for a purpose 
mentioned in paragraph 102(1)(a), (b) or (c). 
  (4) The copyright in a published edition of a work (whether the edition was first 
published before, on or after the commencing day) is not infringed by a person who, 
without the licence of the owner of the copy right, imports 2 or more copies of a 
non-infringing book into Australia if: 
               (a) the importation is for the purpose of filling a written order, or a verifiable 
telephone order, placed with the person by or on behalf of a library, other  IP/N/1/AUS/C/3 
 Page 95 
 
 
  than a library conducted for the profit (direct or indirect) of a person or 
organisation; and 
              (b) in the case of a written order—the order contains a statement, signed by the 
person placing the order, to the effect that the library does not intend to use any of the books for a purpose mentioned in paragraph 102(1)(a), (b) or (c); 
and 
              (c) in the case of a telephone order—the person pl acing the order makes a 
verifiable statement to the effect referred to in paragraph (b); and 
              (d) the number of copies so  imported is not more than the number of copies so 
ordered. 
 
 (5) Without limiting the ways in which a te lephone order under subsecti on (3) or (4), or a 
statement under paragraph (3)(b) or (4)(c) re lating to such an order, may be verified, 
such an order or statement is, for the purposes of this section, taken to be verifiable if the person who takes the order, or to whom the statement is made, makes a written 
note of the details of the order or statemen t when, or immediately after, the order is 
placed, or the statement is made, as the case may be. 
  (6) Where:                (a) a book is imported in to Australia for a purpose mentioned in paragraph 
102(1)(a), (b) or (c); and 
              (b) the importation does not , under this section, constitute an infringement of 
copyright in a published edition of a work; 
  the use of the book for any such purpose does not constitute an infringement of the 
copyright in the edition and subsection 103(1) does not apply to the book. 
 
 (7) Subsection (2) does not apply to the importation of a copy of a hardback version of a 
non-infringing book into Australia if the copy right owner, or his or her licensee or 
agent, is able to supply in Australia e nough copies of a paperback version of the book 
to fill any reasonable order. 
 
 (8) For the purposes of paragraph (2)(d), a co pyright owner, licensee or agent is not taken 
to have filled an order by a person for one  or more copies of a version of a book 
unless and until the copyright owner, licensee or agent sends the copy, or all of the 
copies, as the case requires, to the person. 
 
 (9) In this section: 
 
  book  does not include: 
              (a) a book whose main conten t is one or more musical works, with or without 
any related literary, dramatic or artistic work; or 
             (b) a manual sold with co mputer software for use in connection with that 
software; or 
  (c) a periodical publication. 
 
  commencing day  means the day on which the Copyright Amendment Act 1991 
commences. 
 
  overseas edition  means a published edition of a work, being an edition: 
   (a) that was first published in a country other than Australia; and IP/N/1/AUS/C/3 
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               (b) that was not published in Australia within 30 days after its first publication in 
that other country. 
 
              
Note: An edition of a work may, for the purposes of this Act, be first published  in Australia if it is 
published in Australia within 30 days of an ear lier publication elsewhere. For the meaning of 
first publication , see section 29 and, in particular, subsection 29(5). 
 
112B  Reproduction of writing on approved label for containers for chemical product 
 
  The reproduction on a label on a container for a chemical product of any writing 
appearing on an approved label is not an  infringement of any copyright subsisting 
under section 92 in relation to that writing. 
 
112C  Copyright subsisting in accessories etc. to imported articles 
 
 (1) The copyright in: 
 
              (a) a published edition of a wo rk a reproduction of which is on, or embodied in, a 
non-infringing accessory to an article; or 
              (b) a cinematograph film a copy of which is a non-infringing accessory to an 
article; or 
              (c) a sound recording a record of which is a non-infringing accessory to an 
article; 
  is not infringed by importing the accessory with the article.   (2) Section 103 does not apply to: 
 
              (a) a reproduction of a publis hed edition of a work, being a reproduction that is 
on, or embodied in, a non-infringing accessory to an article; or 
              (b) a copy of a cinema tograph film, being a copy that is a non-infringing 
accessory to an article; or 
              (c) a record embodying a so und recording, being a record that is a non-infringing 
accessory to an article; 
  if the importation of the accessory is not an  infringement of copyright in the edition, 
film or recording, as the case may be. 
 
112D  Import of non-infringing copy of a so und recording does not infringe copyright in the 
sound recording  
 (1) The copyright in a sound recording is not infringed by a person who:    (a) imports into Australia a non-infringing copy of the sound recording; or               (b) does an act described  in section 103 involving an article that is a 
non-infringing copy of the sound recording and has been imported into 
Australia by anyone. 
 
 
                Note: In a civil action for infringement  of copyright, a copy of a sound recording is presumed not to 
be a non-infringing copy of the sound recording unless the defendant proves it is. See section 
130A. 
 
 (2) This section applies to a copy of a sound recording only if, when the copy is imported 
into Australia, the sound recording has been published: 
 
  (a) in Australia; or  IP/N/1/AUS/C/3 
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    (b) in another country (the publication country ) by or with the consent of: 
                            (i) the owne r of the copyright or related right in the sound recording in 
the publication country; or 
                           (ii) the ow ner of the copyright or related right in the sound recording in 
the country (the original recording country ) in which the sound 
recording was made, if the law of the publication country did not provide for copyright or a related right in sound recordings when publication occurred; or 
                           (iii) the ma ker of the sound recording, if neither the law of the publication 
country nor the law of the original recording country (whether those 
countries are different or not) provided for copyright or a related right in sound recordings when publication occurred. 
 
   
Note: Subsection 29(6) deals w ith unauthorised publication. 
 
 (3) In subsection (2): 
 
  o w n e r  of the copyright or related right in the sound recording means the owner at the 
time publication of the sound recording occurred. 
 
112E  Communication by use of certain facilities 
 
  A person (including a carrier or carriage service provider) who provides facilities for 
making, or facilitating the making of, a communication is not taken to have 
authorised any infringement of copyright in an audio-visual item merely because 
another person uses the facilities so provided to do something the right to do which is 
included in the copyright. 
 
Division 7—Miscellaneous 
 
113  Copyrights to subsist independently  
 (1) Subject to subsection 110(2), where copyright  subsists in any subject-matter by virtue 
of this Part, nothing in this Part shall be  taken to affect the operation of Part III in 
relation to any literary, dramatic, musical or artistic work from which that 
subject-matter is wholly or partly derived,  and any copyright subsisting by virtue of 
this Part is in addition to, and independen t of, any copyright subsisting by virtue of 
Part III. 
  (2) The subsistence of copyright under any provision of this Part does not affect the 
operation of any other provision of this Part under which copyright can subsist. 
 
Part V—Remedies and offences 
 Division 1—Preliminary 
 
114  Interpretation 
 
 (1) In this Part, action  means a proceeding of a civil nature between parties, and includes 
a counterclaim. 
 IP/N/1/AUS/C/3 
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   (2) In the application of this Part in relatio n to a counterclaim, references to the plaintiff 
and to the defendant shall be read as referenc es to the defendant and to the plaintiff, 
respectively. 
 
Division 2—Actions by owner of copyright 
 
115  Actions for infringement 
 
 (1) Subject to this Act, the owner of a copyright may bring an action for an infringement 
of the copyright. 
 
 (2) Subject to this Act, the relief that a court may grant in an action for an infringement 
of copyright includes an injunction (subject to  such terms, if any, as the court thinks 
fit) and either damages or an account of profits. 
 
 (3) Where, in an action for infringement of copyright, it is established that an 
infringement was committed but it is also established that, at the time of the infringement, the defendant was not awar e, and had no reasonable grounds for 
suspecting, that the act constituting the infringement was an infringement of the 
copyright, the plaintiff is not entitled unde r this section to any damages against the 
defendant in respect of the infringement, bu t is entitled to an account of profits in 
respect of the infringement whether any ot her relief is granted under this section or 
not. 
  (4) Where, in an action under this section:  
  (a) an infringement of copyright is established; and 
  (b) the court is satisfied that it is proper to do so, having regard to:     (i) the flagrancy of the infringement; and                            (ii) whet her the infringement involved the conversion of a work or other 
subject-matter from hardcopy or analog form into a digital or other 
electronic machine-readable form; and 
                           (iii) any be nefit shown to have accrued to the defendant by reason of the 
infringement; and 
   (iv) all other relevant matters;   the court may, in assessing damages for the infringement, award such additional 
damages as it considers appropriate in the circumstances. 
 
116  Rights of owner of copyright in respect of infringing copies 
 
 (1) The owner of the copyright in a work or  other subject-matter may bring an action for 
conversion or detention in relation to: 
 
  (a) an infringing copy; or               (b) a device (including a circ umvention device) used or intended to be used for 
making infringing copies. 
 
 (1A) In an action for conversion or deten tion, a court may grant to the owner of the 
copyright all or any of the remedies that  are available in such an action as if: 
               (a) the owner of the copyright had been the owner of the infringing copy since 
the time the copy was made; or  IP/N/1/AUS/C/3 
 Page 99 
 
 
                (b) the owner of the copyri ght had been the owner of the device since the time 
when it was used or intended to be used for making infringing copies. 
  (1B) Any relief granted by a court in an acti on for conversion or detention is in addition to 
any relief that the court may grant under section 115. 
 
 (1C) A court is not to grant any relief to the owner of the copyri ght in an action for 
conversion or detention if the relief that the court has granted or proposes to grant 
under section 115 is, in the opinion of the court, a sufficient remedy. 
 
 (1D) In deciding whether to grant relief in  an action for conversion or detention and in 
assessing the amount of damages payable, the court may have regard to the following: 
               (a) the expenses incurred by the defendant, being a person who marketed or 
otherwise dealt with the infringing copy, in manufacturing or acquiring the 
infringing copy; 
              (b) whether the expenses we re incurred before or after the infringing copy was 
sold or otherwise disposed of by the defendant; 
  (c) any other matter that the court considers relevant.  
 (1E) If the infringing copy is an article of which only part consists of material that 
infringes copyright, the court, in deciding whether to grant relief and in assessing the 
amount of damages payable, may also have regard to the following: 
               (a) the importance to the mark et value of the article of the material that infringes 
the copyright; 
  (b) the proportion the material that infringes copyright bears to the article; 
              (c) the extent to which th e material that infringes copyright may be separated 
from the article. 
  (2) A plaintiff is not entitled by virtue of this section to any damages or to any other 
pecuniary remedy, other than costs, if it is established that, at the time of the 
conversion or detention: 
               (a) the defendant was not aware, and had no reasonable grounds for suspecting, 
that copyright subsisted in the work or other subject-matter to which the 
action relates; 
              (b) where the articles converted or detained were infringing copies—the 
defendant believed, and ha d reasonable grounds for believing, that they were 
not infringing copies; or 
              (c) where an article converted  or detained was a device used or intended to be 
used for making articles—the defenda nt believed, and had reasonable 
grounds for believing, that the articles so  made or intended to be made were 
not or would not be, as the case may be, infringing copies. 
 
Division 2A—Actions in relation to circumven tion devices and electronic rights management 
information 
 
116A  Importation, manufacture etc. of ci rcumvention device and provision etc. of 
circumvention service 
 
 (1) Subject to subsections (2), (3) and (4), this section applies if: IP/N/1/AUS/C/3 
Page 100  
 
   
              (a) a work or other s ubject-matter is protected by a technological protection 
measure; and 
              (b) a person does any of the following acts without the permission of the owner 
or exclusive licensee of the copyright in  the work or other subject-matter: 
 
                           (i) makes a circumvention device capable of circumventing, or 
facilitating the circumvention of, the technological protection measure; 
                           (ii) sells, lets for hire, or by way of trade offers or exposes for sale or hire 
or otherwise promotes, advertises or markets, such a circumvention 
device; 
                           (iii) distri butes such a circumvention device for the purpose of trade, or 
for any other purpose that will affect prejudicially the owner of the copyright; 
   (iv) exhibits such a circumvention device in public by way of trade; 
                           (v) imports such a circumvention device into Australia for the purpose 
of: 
                                         (A) selling, letting for hire, or by way of trade offering or 
exposing for sale or hire or otherwise promoting, advertising 
or marketing, the device; or 
                                        (B) distributing the device for the purpose of trade, or for any 
other purpose that will affect prejudicially the owner of the copyright; or 
    (C) exhibiting the device in public by way of trade; 
 
                           (vi) makes such a circumvention device availa ble online to an extent that 
will affect prejudicially the owner of the copyright; 
                           (vii) provides, or by way of trade promotes, advertises or markets, a 
circumvention service capable of circumventing, or facilitating the 
circumvention of, the technological protection measure; and 
 
              (c) the person knew, or ought reasonably to have known, that the device or 
service would be used to circumvent, or  facilitate the circumvention of, the 
technological protection measure. 
 
 (2) This section does not apply in relation to anything lawfully done for the purposes of 
law enforcement or national security by or on behalf of: 
   (a) the Commonwealth or a State or Territory; or   (b) an authority of the Commonw ealth or of a State or Territory. 
 
 (3) This section does not apply in relation to  the supply of a circumvention device or a 
circumvention service to a person for use for a permitted purpose if: 
   (a) the person is a qualified person; and               (b) the person gives the supplier before, or at the time of, the supply a declaration 
signed by the person: 
    (i) stating the name and address of the person; and    (ii) stating the basis on which the person is a qualified person; and  IP/N/1/AUS/C/3 
 Page 101 
 
 
  (iii) stating the name and address of the supplier of the circumvention 
device or circumvention service; and 
                           (iv) stating that the device or service is to be used only for a permitted 
purpose by a qualified person; and 
                           (v) iden tifying the permitted purpose by reference to one or more of 
sections 47D, 47E, 47F, 48A, 49, 50, 51A and 183 and Part VB; and 
                           (vi) stati ng that a work or other subject-matter in relation to which the 
person proposes to use the device or service for a permitted purpose is not readily available to the person in a form that is not protected by 
a technological protection measure. 
 
 (4) This section does not apply in relation to the making or importing of a circumvention 
device: 
              (a) for use only for a permitted purpose relating to a work or other subject-matter 
that is not readily available in a form that is not protected by a technological 
protection measure; or 
              (b) for the purpose of enabling a person to supply the device, or to supply a 
circumvention service, for use only for a permitted purpose. 
  (4A) For the purposes of paragraphs (3)(b) a nd (4)(a), a work or other subject-matter is 
taken not to be readily available if it is not available in a form that lets a person do an 
act relating to it that is not an infringement of copyright in it as a result of section 
47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part VB. 
  (5) If this section applies, the owner or ex clusive licensee of the copyright may bring an 
action against the person. 
 
 (6) In an action under subsection (5), it must  be presumed that the defendant knew, or 
ought reasonably to have known, that the circumvention device or service to which the action relates would be used for a pur pose referred to in paragraph (1)(c) unless 
the defendant proves otherwise. 
 
 (7) For the purposes of this section, a circumvention device or a circumvention service is 
taken to be used for a permitted purpose only if: 
               (a) the device or service is used for the purpose of doing an act comprised in the 
copyright in a work or other subject-matter; and 
              (b) the doing of the act is not an infringement of the copyright in the work or 
other subject-matter under section 47D, 47E , 47F, 48A, 49, 50, 51A or 183 or 
Part VB. 
  (8) In this section: 
 
  qualified person  means: 
   (a) a person referred to in paragr aph 47D(1)(a), 47E(1)(a) or 47F(1)(a); or 
              (b) a person who is an authorized officer for the purposes of section 48A, 49, 50 
or 51A; or 
              (c) a person authorised in writing by the Commonwealth or a State for the 
purposes of section 183; or 
              (d) a person authorised in writing by a body administering an institution (within 
the meaning of Part VB) to do on behalf of the body an act that is not an infringement of copyright because of that Part. IP/N/1/AUS/C/3 
Page 102  
 
   
  supply  means: 
               (a) in relation to a circumvention device—sell the device, let it for hire, 
distribute it or make it available online; and 
  (b) in relation to a circumvention service—provide the service. 
  (9) The defendant bears the burden of establishing the matters referred to in 
subsections (3), (4) and (4A). 
 116B  Removal or alteration of electronic rights management information 
 
 (1) This section applies if:                (a) a person removes or alters any electronic rights management information 
attached to a copy of a work or ot her subject-matter in which copyright 
subsists; and 
              (b) the person does so wit hout the permission of the owner or exclusive licensee 
of the copyright; and 
              (c) the person knew, or ought reasonably to have known, that the removal or 
alteration would induce, enable, facilitate  or conceal an infringement of the 
copyright in the work or other subject-matter. 
  (2) If this section applies, the owner or ex clusive licensee of the copyright may bring an 
action against the person. 
 
 (3) In an action under subsection (2), it must  be presumed that the defendant knew, or 
ought reasonably to have known, that the re moval or alteration to which the action 
relates would have the effect referred to  in paragraph (1)(c) unless the defendant 
proves otherwise. 
 
116C  Commercial dealings etc. with works who se electronic rights management information is 
removed or altered 
 
 (1) This section applies if:                (a) a person does any of the following acts in relation to a work or other 
subject-matter in which copyright subsists without the permission of the 
owner or exclusive licensee of the copyright: 
                            (i) distributes for the purpose of trade a copy of the work or other 
subject-matter; 
                           (ii) imports into Australia a copy of the work or other subject-matter for 
the purpose of trade; 
                           (iii) communicates a copy of the work or other subject-matter to the 
public; and 
               (b) any electronic rights mana gement information attached to the copy has been 
removed or altered; and 
              (c) the person knew that the electronic rights management information had been 
so removed or altered without the pe rmission of the owner or exclusive 
licensee of the copyright; and  IP/N/1/AUS/C/3 
 Page 103 
 
 
                (d) the person knew, or ought  reasonably to have known, that the act referred to 
in paragraph (a) that was done by th e person would induce, enable, facilitate 
or conceal an infringement of the copyright in the work or other 
subject-matter. 
 
 (2) If this section applies, the owner or ex clusive licensee of the copyright may bring an 
action against the person. 
  (3) In an action under subsection (2), it must be presumed that the defendant:  
  (a) had the knowledge referre d to in paragraph (1)(c); and 
              (b) knew, or ought reasonably to have known, that the doing of the act to which 
the action relates would have the eff ect referred to in paragraph (1)(d); 
  unless the defendant proves otherwise.  116D  Remedies in actions under sections 116A, 116B and 116C 
 
 (1) The relief that a court may grant in an action under section 116A, 116B or 116C 
includes an injunction (subject to such terms, if any, as the court thinks fit) and either 
damages or an account of profits. 
 (2) If, in an action under section 116A, 116B or 116C, the court is satisfied that it is 
proper to do so, having regard to: 
   (a) the flagrancy of the defendant’s acti ons that are the subject of the action; and 
              (b) any benefit shown to ha ve accrued to the defendant as a result of those acts; 
and 
  (c) any other relevant matters; 
  the court may, in assessing damages, award such additional damages as it considers 
appropriate in the circumstances. 
 
Division 3—Proceedings where copyrigh t is subject to exclusive licence 
 
117  Interpretation  
  In this Division: 
 
  if the licence had been an assignment  means if, instead of the licence, there had been 
granted (subject to conditions corresponding as nearly as practicable with those 
subject to which the licence was granted) an  assignment of the copyright in respect of 
its application to the doing, at the places a nd times authorized by the licence, of the 
acts so authorized. 
 
  the other party  means: 
 
  (a) in relation to the owner of th e copyright—the exclusive licensee; and 
  (b) in relation to the exclusive licensee—the owner of the copyright. 
 IP/N/1/AUS/C/3 
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  118  Application 
 
  This Division applies to proceedings in re lation to a copyright in respect of which an 
exclusive licence has been granted and is in force at the time of the events to which 
the proceedings relate. 
 
119  Rights of exclusive licensee 
 
  Subject to the succeeding sections of this Division:  
              (a) except against the owner of the copyright, the excl usive licensee has the same 
rights of action as he or she would have, and is entitled to the same remedies as he or she would be entitled to, by virtue of section 115 if the licence had been an assignment, and those rights and remedies are concurrent with the rights and remedies of the owner of the copyright under that section; 
              (b) except against the owner of the copyright, the excl usive licensee has the same 
rights of action as he or she would have, and is entitled to the same remedies as he or she would be entitled to, by virtue of section 116 if the licence had been an assignment; and 
              (c) the owner of the copyright does not have any rights of action that he or she 
would not have, and is not entitled to an y remedies that he or she would not 
be entitled to, by virtue of section 116 if the licence had been an assignment. 
 
120  Joinder of owner or exclusive licensee as a party 
 
 (1) Where: 
 
              (a) an action is brought by the owner of the copyright or by the exclusive 
licensee; and 
              (b) the action, in so far as it is brought under section 115, relates, in whole or in 
part, to an infringement in respect of which the owner and the licensee have concurrent rights of action under that section; 
  the owner or licensee, as the case may be, is  not entitled, except with the leave of the 
court, to proceed with the action, in so  far as it is brought under that section and 
relates to that infringement, unless the other pa rty is joined as a plaintiff in the action 
or added as a defendant. 
 
 (2) This section does not affect the granting of an interlocutory injunction on the 
application of the owner of the copy right or of the exclusive licensee. 
 
121  Defences available against exclusive licensee 
 
  In an action brought by the exclusive licensee by virtue of this Division, a defence 
under this Act that would have been availabl e to a defendant in the action if the action 
had been brought by the owner of the copyright is available to that defendant as against the exclusive licensee. 
 
122  Assessment of damages whe re exclusive licence granted 
 
  Where an action to which section 120 applies is brought and the owner of the 
copyright and the exclusive licensee are not both plaintiffs in the action, the court, in 
assessing damages in respect of an infringement of a kind referred to in that section, shall:  IP/N/1/AUS/C/3 
 Page 105 
 
 
   
              (a) if the plaintiff is the exclusive licensee—take into account any liabilities, in 
respect of royalties or otherwise, to which the licence is subject; and 
              (b) whether the plaintiff is  the owner of the copyright or the exclusive licensee—
take into account any pecuniary remedy already awarded to the other party 
under section 115 in respect of that infringement, or any right of action 
exercisable by the other party under that section in respect of that infringement, as the case requires. 
 
123  Apportionment of profits between owner and exclusive licensee 
 
  Where:                (a) an action, in so far as it is brought under section 115, relates, in whole or in 
part, to an infringement in respect of which the owner of the copyright and 
the exclusive licensee have concurrent rights of action under that section; and 
              (b) in that action, whether the owner of the copyright and the exclusive licensee 
are both parties or not, an account of profits is directed to be taken in respect of that infringement; 
  then, subject to any agreement of which the court is aware by which the application 
of those profits is determined as between the owner of the copyright and the exclusive 
licensee, the court shall apportion the profits between them in such a manner as the 
court considers just and shall give such di rections as the court considers appropriate 
for giving effect to that apportionment. 
 
124  Separate actions in relation to the same infringement 
 
  In an action brought by the owner of the copyright or by the exclusive licensee:                (a) a judgment or order for the payment of damages in respect of an infringement 
of copyright shall not be given or made under section 115 if a final judgment or order has been given or made in favour of the other party directing an 
account of profits under that section in respect of the same infringement; and 
              (b) a judgment or order for an account of profits in respect of an infringement of 
copyright shall not be given or made under that section if a final judgment or order has been given or made in favour  of the other party awarding damages 
or directing an account of profits under that section in respect of the same 
infringement. 
 
125  Liability for costs 
 
  Where, in an action to which section 120 applies, whether brought by the owner of 
the copyright or by the exclusive licensee, the other party is not joined as a plaintiff 
(either at the commencement of the action or at a later time), but is added as a 
defendant, the other party is not liable fo r any costs in the action unless he or she 
enters an appearance and takes part in the proceedings.  
 
Division 4—Proof of facts in civil actions 
 
126  Presumptions as to subsistence and ownership of copyright 
 
  In an action brought by virtue of this Part:  IP/N/1/AUS/C/3 
Page 106  
 
                (a) copyright shall be presume d to subsist in the work or other subject-matter to 
which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject-matter; and 
              (b) where the subsistence of  the copyright is established—the plaintiff shall be 
presumed to be the owner of the copyright if he or she claims to be the owner 
of the copyright and the defendant does not put in issue the question of his or 
her ownership. 
 
127  Presumptions in relation to authorship of work 
  (1) Where a name purporting to be that of the author of a literary, dramatic, musical or 
artistic work appeared on copies of the work as published or a name purporting to be that of the author of an artistic work appeared on the work when it was made, the 
person whose name so appeared, if it was his or her true name or a name by which he 
or she was commonly known, shall, in an action brought by virtue of this Part, be 
presumed, unless the contrary is established, to be the author of the work and to have 
made the work in circumstances to which s ubsections 35(4), (5) an d (6) do not apply. 
  (2) Where a work is alleged to be a wo rk of joint authorsh ip, the last preceding 
subsection applies in relation to each person alleged to be one of the authors of the 
work as if references in that subsection to  the author were references to one of the 
authors. 
  (3) Where, in an action brought by virtue of this Part in relation to a photograph: 
               (a) it is established that, at the time when the photograph was taken, a person 
was the owner of the material on which the photograph was taken or, if the 
ownership of that material as at that ti me is not established, that a person was 
the owner of the apparatus by which the photograph was taken; or 
              (b) neither the ownership as at the time when the photograph was taken of the 
material on which it was taken nor the ownership as at that time of the apparatus by which it was taken is estab lished but it is established that, at the 
time of the death of a person, the photograph was owned by the person or, if 
the ownership of the photograph as at that time is not established, was in the possession or custody of the person; 
  the person shall be presumed, unless the c ontrary is established, to have been the 
person who took the photograph. 
 
128  Presumptions in relation to publisher of work 
 
  Where, in an action brought by virtue of this Part in relation to a literary, dramatic, 
musical or artistic work, the last preceding section does not apply, but it is established: 
              (a) that the work was firs t published in Australia and was so published during the 
period of 50 years that ended immediat ely before the commencement of the 
calendar year in which the action was brought; and 
              (b) that a name purporting to be that of the publisher appeared on copies of the 
work as first published; 
  then, unless the contrary is established, co pyright shall be presumed to subsist in the 
work and the person whose name so appear ed shall be presumed to have been the 
owner of that copyright at the time of the publication. 
   IP/N/1/AUS/C/3 
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  129  Presumptions where author has died 
 
 (1) Where, in an action brought by virtue of  this Part in relation to a literary, dramatic, 
musical or artistic work, it is est ablished that the author is dead: 
 
              (a) the work shall be presu med to be an original work unless the contrary is 
established; and 
              (b) if it is alleged by the plaintiff that a publication specified in the allegation 
was the first publication of the work, and that it took place in a country and on a date so specified—that publication shall be presumed, unless the 
contrary is established, to have been the first publication of the work, and to 
have taken place in that c ountry and on that date. 
  (2) Where:  
  (a) a literary, dramatic, musical or  artistic work has been published; 
              (b) the publication was anonym ous or is alleged by the plaintiff to have been 
pseudonymous; and 
              (c) it is not established th at the work has ever been  published under the true 
name of the author, or under a name by which he or she was commonly known, or that the identity of the author is generally known or can be 
ascertained by reasonable inquiry; 
  paragraphs (1)(a) and (b) apply, in an acti on brought by virtue of this Part in relation 
to the work, in like manner as those paragra phs apply where it is established that the 
author is dead. 
 130  Evidence in relation to recordings 
 
  In an action brought by virtue of this Part in relation to copyright in a sound 
recording, if records embodying the recordin g or a part of the recording have been 
supplied (whether by sale or otherwise) to  the public and, at the time when records 
embodying the recording or part of the record ing were first so supplied, the records or 
their containers bore a label or other mark containing a statement: 
   (a) that a person specified on the label or mark was the maker of the recording; 
              (b) that the recording was fi rst published in a year specified on the label or mark; 
or 
              (c) that the recording was first published in a country specified on the label or 
mark; 
  that label or mark is sufficient evidence of  the facts so stated except in so far as the 
contrary is established. 
 
130A  Acts relating to imported copies of sound recordings 
 
  In an action for infringement of copyrigh t described in section 37, 38, 102 or 103 by 
an act involving an article that is a copy of a sound recording, it must be presumed that the copy is not a non-infringing copy unless the defendant proves that the copy is 
a non-infringing copy. 
 
              
Note 1: Sections 37 and 38 deal with infringement of  copyright in literary, dramatic and musical works 
(among other things) by co mmercial importation and dea lings involving articles. 
 IP/N/1/AUS/C/3 
Page 108  
 
                   Note 2: Sections 102 and 103 deal  with infringement of copyright in sound recordings (among other 
things) by commercial importation  and dealings involving articles. 
 
131  Presumption in relation to maker of film 
 
  Where the name of a person appeared on copies of a cinematograph film as made 
available to the public in such a way as to imply that the person was the maker of the 
film and, in the case of a person other than a body corporate, that name was his or her true name or a name by which he or she was commonly known, that person shall, in an action brought by virtue of this Part, be presumed, unless the contrary is established, to be the maker of the film and to have made the film in circumstances to which subsection 98(3) does not apply. 
 
Division 4A—Jurisdiction and appeals 
 131A  Exercise of jurisdiction  
  The jurisdiction of the Supreme Court of a State or Territory in an action under this 
Part shall be exercised by a single Judge of the Court. 
 
131B  Appeals 
 
 (1) Subject to subsection (2), a decision of  a court of a State or Territory (however 
constituted) under this Part  is final and conclusive. 
  (2) An appeal lies from a decision of a court of a State or Territory under this Part:    (a) to the Federal Court of Australia; or 
  (b) by special leave of the High Court, to the High Court. 
 
131C  Jurisdiction of Federal Court of Australia 
 
  Jurisdiction is conferred on the Federal C ourt of Australia with respect to actions 
under this Part. 
 
Division 5—Offences and summary proceedings 
 132  Offences 
  (1) A person shall not, at a time when copyright subsists in a work: 
   (a) make an article for sale or hire;               (b) sell or let for hire, or by way of trade offer or expose for sale or hire, an 
article; 
  (c) by way of trade exhibit an article in public; or 
  (d) import an article into Australia for the purpose of:                             (i) selling, letting for hire, or by way of trade offering or exposing for 
sale or hire, the article; 
                           (ii) distributing the article for the purpose of trade, or for any other 
purpose to an extent that will affect prejudicially the owner of the 
copyright in the work; or 
   (iii) by way of trade exhibiting the article in public;  IP/N/1/AUS/C/3 
 Page 109 
 
 
    if the person knows, or ought reasonably to  know, the article to be an infringing copy 
of the work. 
  (2) A person shall not, at a time when copyright subsists in a work, distribute:  
  (a) for the purpose of trade; or 
              (b) for any other purpose to an  extent that affects prejudicially the owner of the 
copyright; 
  an article that the person knows, or ou ght reasonably to know, to be an infringing 
copy of the work. 
 
 (2A) A person shall not, at a time when copyri ght subsists in a work, have in his or her 
possession an article for the purpose of: 
               (a) selling, letting for hire, or by way of trade offering or exposing for sale or 
hire, the article; 
              (b) distributing the article fo r the purpose of trade, or for any other purpose to an 
extent that will affect prejudicially the owner of the copyright in the work; or 
              (c) by way of trade exhibiting the article in public;   if the person knows, or ought reasonably to  know, the article to be an infringing copy 
of the work. 
 
 (3) A person shall not, at a time when copyright  subsists in a work, make or have in his 
or her possession a device that the person know s, or ought reasonably to know, is to 
be used for making infringing copies of the work. 
 
 (4) The preceding provisions of this section a pply in relation to copyright subsisting in 
any subject-matter by virtue of Part IV in like manner as they apply in relation to 
copyright subsisting in a work by virtue of Part III. 
  (5) A person shall not cause a literary, dramat ic or musical work to be performed in 
public at a place of public entertainment, if  the person knows, or ought reasonably to 
know, that copyright subsists in the work  and that the performance constitutes an 
infringement of the copyright. 
  (5AA) A person shall not cause:  
  (a) a sound recording to be heard in pu blic at a place of public entertainment; or 
              (b) a cinematograph film, in so far as it consists of visual images, to be seen in 
public at a place of public entertainment or, in so far as it consists of sounds, to be heard in public at such a place; 
  if the person knows, or ought reasonably to  know, that copyright subsists in the sound 
recording or the cinematograph film and th at the copyright will thereby be infringed. 
 
 (5A) A person must not provide, or by way of trade promote, advertise or market, a 
circumvention service if the person knows, or is reckless as to whether, the service will be used to circumvent, or facilita te the circumvention of, a technological 
protection measure. 
 
 (5B) A person must not:    (a) make a circumvention device; or IP/N/1/AUS/C/3 
Page 110  
 
                (b) sell, let for hire, or by way of trade offer or expose for sale or hire, or 
otherwise promote, advertise or market, a circumvention device; or 
              (c) distribute a circumvention device with the intention of trading, or engaging in 
any other activity that will affect prejudicially an owner of copyright; or 
  (d) by way of trade exhibit a circumvention device in public; or 
  (e) import a circumvention device in to Australia with the intention of: 
                            (i) selling, letting for hire, or by way of trade offering or exposing for 
sale or hire, or otherwise promoti ng, advertising or marketing, the 
device; or 
                           (ii) distributing the device for trading, or for engaging in any other 
activity that will affect prejudicially an owner of copyright; or 
   (iii) exhibiting the device in public by way of trade; or                (f) make a circumvention device available online to an extent that will affect 
prejudicially an owner of copyright; 
  if the person knows, or is reckless as to whether, the device will be used to 
circumvent, or facilitate the circumventi on of, a technological protection measure. 
  (5C) A person must not remove or alter any electronic rights management information 
attached to a copy of a work or other subject-matter in which copyright subsists, 
except with the permission of the owner or exclusive licensee of the copyright, if the 
person knows, or is reckless as to whethe r, the removal or alteration will induce, 
enable, facilitate or conceal an infringemen t of the copyright in the work or other 
subject-matter. 
 
 (5D) A person must not: 
               (a) distribute a copy of a work or other subject-matter in which copyright 
subsists with the intention of trading; or 
              (b) import into Australia a copy of such a work or other subject-matter with the 
intention mentioned in paragraph (a); or 
  (c) communicate to the public a copy of such a work or other subject-matter; 
  without the permission of the owner or exclusive licensee of the copyright if any 
electronic rights management information att ached to the copy has been removed or 
altered and the person: 
              (d) knows that the elect ronic rights management in formation has been so 
removed or altered without the permissi on of the owner or exclusive licensee 
of the copyright; and 
              (e) knows, or is reckless as to whether, the doing of the act referred to in 
paragraph (a), (b) or (c) will induce,  enable, facilitate or conceal an 
infringement of the copyright in the work or other subject-matter. 
 
 (5E) Subsections (5A) and (5B) do not apply in respect of anything lawfully done for the 
purposes of law enforcement or national security by or on behalf of: 
   (a) the Commonwealth or a State or Territory; or   (b) an authority of the Commonw ealth or of a State or Territory. 
 
 (5F) Subsections (5A) and (5B) do not apply in relation to the supply of a circumvention 
device or a circumvention service to a person for use for a permitted purpose if: 
  (a) the person is a qualified person; and  IP/N/1/AUS/C/3 
 Page 111 
 
 
                (b) the person gives the supplier before, or at the time of, the supply a declaration 
signed by the person: 
    (i) stating the name and address of the person; and    (ii) stating the basis on which the person is a qualified person; and 
                           (iii) stating the name and address of the supplier of the circumvention 
device or circumvention service; and 
                           (iv) stating that the device or service is to be used only for a permitted 
purpose by a qualified person; and 
                           (v) iden tifying the permitted purpose by reference to one or more of 
sections 47D, 47E, 47F, 48A, 49, 50, 51A and 183 and Part VB; and 
                           (vi) stati ng that a work or other subject-matter in relation to which the 
person proposes to use the device or service for a permitted purpose is not readily available to the person in a form that is not protected by 
a technological protection measure. 
 
 (5G) Subsection (5B) does not apply in relation to the making or importing of a 
circumvention device: 
               (a) for use only for a permitted purpose relating to a work or other subject-matter 
that is not readily available in a form that is not protected by a technological 
protection measure; or 
              (b) to enable a person to s upply the device, or to supply a circumvention service, 
for use only for a permitted purpose. 
  (5GA) For the purposes of paragraphs (5F)(b) a nd (5G)(a), a work or other subject-matter is 
taken not to be readily available if it is not available in a form that lets a person do an 
act relating to it that is not an infringement of copyright in it as a result of section 47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part VB. 
  (5H) For the purposes of this section, a circumvention device or a circumvention service is 
taken to be used for a permitted purpose only if: 
              (a) the device or service is us ed to do an act comprised in the copyright in a work 
or other subject-matter; and 
              (b) the act is done with the licence of the owner or exclusive licensee of the 
copyright, or is not an infringement of the copyright in the work or other subject-matter under section 47D, 47E, 47F, 48A, 49, 50, 51A or 183 or Part 
VB. 
  (5J) The only burden of proof that the defendant bears in respect of subsection (5E), (5F) 
or (5G) is the burden of adducing or pointing to evidence that suggests a reasonable possibility that the act or matter in question was done or existed. 
 
 (6) This section applies only in respect of acts done in Australia. 
  (6AA) If:    (a) a person contravenes subs ection (1), (2) or (2A); and 
              (b) the article to which th e contravention relates is an infringing copy because it 
was made by converting a work or ot her subject-matter from hardcopy or 
analog form into a digital or other electronic machine-readable form; 
  the person is guilty of an offence punishable on summary conviction by a fine of not 
more than 850 penalty units and/or imprisonment for not more than 5 years. IP/N/1/AUS/C/3 
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 (6AB) If:    (a) a person contravenes subs ection (1), (2) or (2A); and 
  (b) subsection (6AA) does not apply; 
  the person is guilty of an offence punishable on summary conviction by a fine of not 
more than 550 penalty units and/or imprisonment for not more than 5 years. 
  (6A) A person who contravenes subsection (3), (5), (5AA), (5A), (5B), (5C) or (5D) is 
guilty of an offence punishable on summary conviction by a fine of not more than 
550 penalty units and/or imprisonment for not more than 5 years. 
 
              
Note: A corporation may be fined up to 5 time s the amount of the maximum fine. See subsection 
4B(3) of the Crimes Act 1914 . 
 
 (7) Prosecutions for offences against this sec tion may be brought in the Federal Court of 
Australia or in any other court of competent jurisdiction. 
 
 (8) Jurisdiction is conferred on the Federal Court of Australia to hear and determine 
prosecutions for offences against this section. 
  (9) In this section: 
 
  article  includes a reproduction or copy of a work or other subject-matter, being a 
reproduction or copy in electronic form. 
 
  distribute  includes distribute by way of communication. 
 
  place of public entertainment  includes any premises that are occupied principally for 
purposes other than public entertainment but are from time to time made available for 
hire for purposes of public entertainment. 
 
  qualified person  means: 
  (a) a person referred to in paragr aph 47D(1)(a), 47E(1)(a) or 47F(1)(a); or 
              (b) a person who is an au thorised officer for the purposes of section 48A, 49, 50 
or 51A; or 
              (c) a person authorised in writing by the Commonwealth or a State for the 
purposes of section 183; or 
              (d) a person authorised in writing by a body administering an institution (within 
the meaning of Part VB) to do on behalf of the body an act that is not an 
infringement of copyright because of that Part. 
 
  supply  means: 
 
              (a) in relation to a circumvention device—sell the device, let it for hire, 
distribute it or make it available online; and 
  (b) in relation to a circumvention service—provide the service.   (10) In the definition of infringing copy  in subsection 10(1) as that definition has effect 
for the purposes of this section, the e xpression “article” has the meaning given by 
subsection (9) of this section. 
  IP/N/1/AUS/C/3 
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  133  Destruction or delivery up of infringing copies etc. 
 
 (4) The court before which a person is charged with an offence by reason of a 
contravention of section 132 may, whether th e person is convicted of the offence or 
not, order that any article in the possession of  the person that appears to the court to 
be a circumvention device used or intended to be used in contravention of that 
section, or to be an infringing copy, or to be  a device or recording equipment used or 
intended to be used for making infringing copies, be destroyed or delivered up to the owner of the copyright concerned or otherwis e dealt with in such manner as the court 
thinks fit. 
 
133A  Advertisement for supply of in fringing copies of computer programs
 
  (1) Where:               (a) a person, by any means, publishes, or causes to be published, in Australia an 
advertisement for the supply in Austra lia (whether from within or outside 
Australia) of a copy of a computer program; and 
              (b) the person knows, or ough t reasonably to know, that the copy is, or will be, 
an infringing copy; 
  the person is guilty of an offence punishable upon conviction by:               (c) a fine not exceeding 15 penalty units and/or imprisonment for not more than 
6 months, if the person is an individual; or 
  (d) a fine not exceeding 150 penalty un its, if the person is a body corporate. 
  (2) For the purposes of this section, a transmission of a computer program that, when 
received and recorded, will result in the crea tion of a copy of the computer program 
shall be deemed to constitute the supply of  a copy of the computer program at the 
place where the copy will be created. 
  (3) Prosecutions for offences against this sec tion may be brought in the Federal Court of 
Australia or in any other court of competent jurisdiction. 
 Division 6—Miscellaneous  134  Limitation of actions in respect of infringement of copyright 
 
 (1) An action shall not be brought for an infringement of copyright or in respect of the 
conversion or detention of an infring ing copy, or of a device (including a 
circumvention device) used or intended to be used for making infringing copies, after 
the expiration of six years from the time when the infringement took place or the infringing copy or device was made, as the case may be. 
  (2) An action may not be brought under secti on 116A, 116B or 116C in respect of an act 
done by a person if more than 6 years have  elapsed from the time  when the act was 
done. 
 
134A  Affidavit evidence 
  (1) Subject to subsection (2), at the trial of a proceeding, being: 
   (a) an action brought by virtue of this Part; or   (b) a prosecution for an offence against this Act;   evidence that: IP/N/1/AUS/C/3 
Page 114  
 
                (c) at a particular time, copy right subsisted in the work or other subject-matter to 
which the proceeding relates; or 
              (d) at a particular time, c opyright in that work or subject-matter was owned by, 
or exclusively licensed to, a particular person; or 
              (e) at a particular time, co pyright in that work or subject-matter was not owned 
by, or exclusively licensed to, a particular person; or 
              (f) a particular act was done without the licence of the owner of the copyright, or 
of the exclusive licensee of the copyrigh t, in that work or subject-matter; 
  may be given by affidavit.  
 (2) If a party to a proceeding referred to in subsection (1) desires in good faith that the 
person who made an affidavit re ferred to in that subsection that is proposed to be used 
in the proceeding be cross-examined with r espect to the matters in the affidavit, the 
affidavit may not be used in the proceedi ng unless the person appears as a witness for 
such cross-examination or the court in which the proceeding is being tried, in its 
discretion, permits the affidavit to be used without the person so appearing. 
 
Division 7—Seizure of imported copies of copyright material 
 134B  Interpretation 
   In this Division: 
 
  CEO  means the Chief Executive Officer of Customs. 
 
  copy , in relation to copyright material, means: 
 
              (a) if the copyright material  is a work—an article in which the work is embodied; 
or 
              (b) if the copyright material is a sound recording, or a sound broadcast as 
recorded in a sound recording—a record embodying the sound recording; or 
              (c) if the copyright material is a cinematograph film or a television broadcast as 
recorded in a cinematograph film—an article in which the visual images or 
sounds comprising the film are embodied; or 
              (d) if the copyright materi al is a published edition of a work—an article in which 
the edition is embodied. 
 
  copyright material  means: 
   (a) a work; or   (b) a sound recording; or   (c) a cinematograph film; or   (d) a published edition of a work; or 
              (e) a television or sound broadcast as recorded in a cinematograph film or a 
sound recording. 
 
  importer , in relation to copies of copyright material, includes a person who or which 
is, or holds himself, herself or itself out to be, the owner or importer of the goods 
comprising the copies. 
 
  objector , in relation to particular seized copi es, means the person who gave the notice 
under subsection 135(2) as a result of the gi ving of which the copies were seized. 
  IP/N/1/AUS/C/3 
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    o w n e r , in relation to the copyright in copy right material, includes an exclusive 
licensee of the copyright in the material. 
 
  seized copies  means copies seized under subsection 135(7). 
 135  Restriction of importation of copies of works etc. 
 
 (1) In this section:                (a) a reference to Australia does not include a reference to the external 
Territories; and 
              (b) a reference to importation into Australia does not include a reference to 
importation from such a Territory. 
  (2) A person may give the CEO a written notice stating: 
 
  (a) that the person is the owner of the copyright in copyright material; and               (b) that the person objects to the importation into Australia of copies of the 
copyright material to which this section applies. 
  (3) A notice under subsection (2): 
 
  (a) is to be given together with any prescribed document; and 
  (b) is to be accompanied by the prescribed fee (if any).   (4) This section applies to a copy of copyright material if the making of the copy would, 
if it had been carried out in Australi a by the person importing the copy, have 
constituted an infringement of the copyright in the copyright material. 
  (5) Unless it is revoked under subsection (6 ) or declared to be ineffective under 
subsection (6A), a notice under subsection (2) remains in force until: 
 
              (a) the end of the period of 2 years commencing on the day on which the notice 
was given; or 
              (b) the end of the period for which the copyright in the copyright material to 
which the notice relates is to subsist; 
  whichever is the earlier. 
 
 (6) A notice under subsection (2) may be revoked by written notice given to the CEO by 
the person who gave the first-mentioned no tice or by a subsequent owner of the 
copyright in the copyright material to which the notice relates. 
  (6A) If the CEO believes, on reasonable grounds , that it is no longer appropriate to give 
effect to a notice given under subsection (2 ), the CEO may, by writing, declare the 
notice to be ineffective. 
 
 
                Note: Subsection 195B(3) requires the CEO to notify the person who gave the notice of the decision 
declaring the notice to be ineffective. 
 
 (7) If: 
 
              (a) a notice has been given under subsection (2) in resp ect of copyright material; 
and IP/N/1/AUS/C/3 
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    (b) the notice has not been declared  to be ineffective or revoked; and 
              (c) a person imports copi es of the copyright material to which this section 
applies into Australia for the purpose of: 
                            (i) selling, letting for hire, or by way of trade offering or exposing for 
sale or hire, the copies; or 
   (ii) distributing the copies for the purpose of trade; or 
(iii) distributing the copies for any other purpose to an extent that will 
affect prejudicially the owner of the copyright in the copyright material; or 
(iv)  
   (iv) by way of trade exhibiting the copies in public; and                (d) the copies are subject to the control of the Customs within the meaning of the 
Customs Act 1901 ; 
  the CEO may seize the copies. 
  (8) The regulations may make provision for or in relation to:    (a) the forms of notices under this section; and   (b) the times at which, and the manner in which, notices are to be given; and 
  (c) the giving of information and evidence to the CEO. 
  (9) The regulations may contain provisions si milar to the provisions of this Division in 
relation to the importation into external Territories (other than importation from Australia or from another such Territory) of copies of copyright material. 
 
 (10) This Division does not apply to the importation into Australia of copies of copyright 
material whose importation does not constitute  an infringement of copyright because 
of section 44A, 44D, 112A or 112D. 
  (10A) This Division does not apply to the importation into Australia of copies of copyright 
material whose importation does not constitute  an infringement of copyright because 
of section 44C or 112C. 
 
135AA  Security for expenses of seizure 
   The CEO may refuse to seize copies under subsection 135(7) unless: 
               (a) the objector has deposited with the CEO a sum of money that, in the opinion 
of the CEO, is sufficient to reimbur se the Commonwealth for the reasonable 
expenses it is likely to incur as a resu lt of the seizure of the copies; or 
              (b) the objector has given security, to the satisfaction of the CEO, for the 
reimbursement of the Commonwealth for those expenses. 
 
135AB  Secure storage of seized copies 
 
  Seized copies must be taken to such secure place as the CEO directs. 
  IP/N/1/AUS/C/3 
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  135AC  Notice of seizure 
 
 (1) As soon as is practicable after copies  are seized under subsection 135(7), the CEO 
must give to the importer and the objector, either personally or by post, a written notice identifying the copies and stating that the identified copies have been seized. 
 
 (2) A notice under subsection (1) must also state:                (a) if it is given to the objector—the name, and (if known) the address of the 
place of business or residence, of the importer; and 
              (b) if it is given to the importer—the name, and the address of the place of 
business or residence, of: 
    (i) the objector; or                            (ii) if the objector has nominated a person to  be the objector’s agent or 
representative for the purposes of this Division—that person; and 
   (c) in each case—that the copies will be released to the importer unless: 
                            (i) an ac tion for infringement of copyright in relation to the copies is 
instituted by the objector within a specified period from the day 
specified in the notice; and 
                           (ii) a written notice stating that the action has been instituted is given to 
the CEO within that period. 
  (3) The period to be specified for the pur poses of subparagraph (2)(c)(i) is the period 
prescribed for the purposes of that paragraph. 
  (4) The day specified for the purposes of s ubparagraph (2)(c)(i) must not be earlier than 
the day on which the notice is given. 
  (5) The objector may, by written notice given to the CEO before the end of the period 
specified in a notice for the purposes of subparagraph (2)(c)(i) ( the retention period ), 
request that the period be extended. 
  (6) Subject to subsection (7), if:  
  (a) a request is made in accordance with subsection (5); and 
  (b) the CEO is satisfied that it is reasonable that the request be granted;   the CEO may extend the retention period by such period as is prescribed.   (7) A decision on a request made in accordance with subsection (5) must be made within 
24 hours after the request is made. However, such a decision cannot be made after the 
end of the retention period to which the request relates. 
  (8) The CEO may, at any time after the copies are seized, give to the objector:                (a) the name, and the address of the place of business or residence, of the person 
or body that made the arrangements, on behalf of the importer, for the copies 
to be brought to Australia or any information that the CEO has, and believes on reasonable grounds may help in iden tifying and locating that person or 
body; and IP/N/1/AUS/C/3 
Page 118  
 
                (b) any other information that the CEO has, and believes on reasonable grounds 
may be relevant for the purpose of identifying and locating the importer. 
 
135AD  Inspection, release etc. of seized copies 
  (1) The CEO may permit the objector or the importer to inspect the seized copies. 
  (2) If the objector gives the CEO the requi site undertakings, the CEO may permit the 
objector to remove one sample of the seized copies from the custody of the CEO for inspection by the objector. 
 
 (3) If the importer gives the CEO the requisite undertakings, the CEO may permit the 
importer to remove one sample of the seized copies from the custody of the CEO for inspection by the importer. 
 
 (4) The requisite undertakings are undertakings in writing that the person giving the 
undertaking will: 
               (a) return the sample copy to  the CEO at a specified tim e that is satisfactory to 
the CEO; and 
  (b) take reasonable care to prevent damage to the sample copy. 
 
 (5) If the CEO permits inspection of the seized  copies, or the removal of a sample copy, 
by the objector in accordance with this secti on, the Commonwealth is not liable to the 
importer for any loss or damage suffered by the importer arising out of: 
 
  (a) damage to any of the seized copies incurred during that inspection; or 
              (b) anything done by the objector or any other person to, or in relation to, a 
sample copy removed from the custody of the CEO or any use made by the 
objector of such a sample copy. 
 
135AE  Forfeiture of seized copies by consent 
 
 (1) Subject to subsection (2), the importer ma y, by written notice to the CEO, consent to 
the seized copies being forfeited to the Commonwealth. 
  (2) The notice must be given before any action for infringement of copyright in relation 
to the copies is instituted. 
  (3) If the importer gives such a notice, th e copies are forfeited to the Commonwealth and 
must be disposed of: 
   (a) in the manner prescribed by the regulations; or 
  (b) if no manner of disposal is so prescribed—as the CEO directs. 
 
135AF  Compulsory release of seized copies to the importer 
 
 (1) The CEO must release seized copies (not being copies forfeited to the 
Commonwealth under section 135AE) to the importer on the expiration of the 
retention period for the copies if the objector has not, before the expiration of that period: 
  IP/N/1/AUS/C/3 
 Page 119 
 
 
                (a) instituted an action for infringement of the relevant copyright in respect of 
the copies; and 
  (b) given written notice to the CEO sta ting that the action has been instituted. 
  (2) For the purpose of subsection (1), th e retention period for seized copies is: 
 
              (a) the period specified in a notice given under subsection 135AC(1) in respect 
of the copies; or 
              (b) if that period has been extended under subsection 135AC(6), that period as so 
extended. 
 (3) If: 
               (a) an action for infringeme nt of copyright has been instituted in respect of 
seized copies; and 
              (b) at the end of a period of 3 weeks commencing on the day on which the action 
was instituted, there is not in force an  order of the court in which the action 
was instituted preventing the release of the copies; 
  the CEO must release the copies to the importer.   (4) If the objector gives written notice to the CE O stating that he or she consents to the 
release of the seized copies, the CEO mu st release the copies to the importer. 
 (5) This section has effect subject to section 135AH. 
 
135AG  Provision relating to actions for infringement of copyright 
 
 (1) In this section, infringement action  means an action for an infringement of copyright 
constituted by the importation of seized copies. 
  (2) The court in which an infringement ac tion is pending may, on the application of a 
person having a sufficient interest in the s ubject-matter of the action, allow the person 
to be joined as a defendant to the action. 
 
 (3) The CEO is entitled to be heard on the hearing of an infringement action. 
  (4) In addition to any relief that may be gr anted apart from this section, the court may: 
               (a) at any time, order that the seized copies be released to the importer subject to 
such conditions (if any) as the court thinks fit; or 
              (b) order that the seized copi es not be released to the importer before the end of a 
specified period; or 
  (c) order that the goods be forfeited to the Commonwealth.   (5) A court may not make an order under paragr aph (4)(a) if it is satisfied that the CEO is 
required or permitted, under any other law of  the Commonwealth, to retain control of 
the seized copies. 
  (6) The CEO must comply with an order made under subsection (4).  
 (7) If: 
               (a) the court decides that the relevant copyright was not infringed by the 
importation of the seized copies; and IP/N/1/AUS/C/3 
Page 120  
 
                (b) a defendant to the infri ngement action satisfies the court that he or she has 
suffered loss or damage as a result of the seizure of the copies; 
  the court may order the objector to pay to that defendant such amount as the court 
determines as compensation for any part of that  loss or damage that is attributable to a 
period beginning on or after the day on which the action was commenced. 
 
135AH  Retention of control of seized copies 
 
  In spite of section 135AF, in a case  in which no order has been made under 
subsection 135AG(4) in relation to seized copies, the CEO is not obliged to release or 
dispose of the copies if the CEO is require d or permitted, under any other law of the 
Commonwealth, to retain control of the copies. 
 
135AI  Disposal of seized copies ordered to be forfeited 
   If a court orders that seized copies are to be forfeited to the Commonwealth, the 
copies must be disposed of: 
  (a) in the manner prescribed by the regulations; or   (b) if no manner of disposal is so prescribed—as the CEO directs.  
135AJ  Insufficient security 
 
 (1) If the reasonable expenses incurred by th e Commonwealth in relation to action taken 
by the CEO under this Division or taken in accordance with an order of a court under this Division exceed the amount deposited, or  the amount of the security given, under 
section 135AA, the amount of the excess is a debt due to the Commonwealth. 
 
 (2) The debt created by subsection (1) is due:    (a) by the objector; or   (b) if there are 2 or more objectors , by the objectors jointly and severally. 
 135AK  Immunity of the Commonwealth 
 
  The Commonwealth is not liable for an y loss or damage suffered by a person: 
               (a) because of the seizure of  copies, or the failure of the CEO to seize copies, 
under this Division; or 
  (b) because of the release of any seized copies.  
Part VAA—Broadcast decoding devices 
 Division 1—Preliminary 
 
135AL  Definitions  
 
  In this Part:   action  means a proceeding of a civil nature between parties, and includes a 
counterclaim. 
 
  broadcast decoding device  means a device (including a computer program) that is 
designed or adapted to enable a person to gain access to an encoded broadcast 
without the authorisation of the broadcast er by circumventing, or facilitating the  IP/N/1/AUS/C/3 
 Page 121 
 
 
  circumvention of, the technical means or arrangements that protect access in an 
intelligible form to the broadcast. 
 
  broadcaster  means a person who makes an encoded broadcast. 
 
  encoded broadcast  means: 
               (a) a broadcast that is made available only to pe rsons who have the prior 
authorisation of the broadcaster and only on payment by such persons of 
subscription fees (whether periodically or otherwise); or 
              (b) a broadcast (other than  a radio broadcast or a br oadcast to which paragraph 
(a) applies) delivered by a broadcasting service that is a commercial or national broadcasting service within the meaning of the Broadcasting 
Services Act 1992 ; 
  being a broadcast, access to which in an intelligible form is protected by a 
technical measure or arrangement (including a computer program). 
 
135AM  Counterclaim 
  
  In the application of this Part in relati on to a counterclaim, refe rences to the defendant 
are to be read as references to the plaintiff. 
 
Division 2—Action in relation to broadcast decoding devices 
 135AN  Actions in relation to the manufacture of  and dealing with broadcast decoding devices 
  (1) Subject to subsection (2), this section applies if: 
   (a) a broadcaster makes an encoded broadcast; and               (b) a person does any of the following acts without the permission of the 
broadcaster: 
 
   (i) makes a broadcast decoding device; 
                           (ii) sells, le ts for hire, or by way of trade offers or exposes for sale or 
hire, a broadcast decoding device; 
                           (iii) dist ributes a broadcast decoding device for the purpose of trade, or 
for any other purpose that will affect prejudicially the broadcaster; 
   (iv) exhibits a broadcast decoding device in public by way of trade; 
                           (v) imports a broadcast decoding device into Australia for the purpose 
of: 
                                         (A) selling, letting for hire, or by way of trade offering or 
exposing for sale or hire, the device; or 
                                        (B) distributing the device for the purpose of trade, or for any 
other purpose that will affect prejudicially the broadcaster; or 
    (C) exhibiting the device in public by way of trade;                             (vi) makes a broadcast decoding device available online to an extent that 
will affect prejudicially the broadcaster; and 
               (c) the person knew, or ought reasonably to have know n, that the device would 
be used to enable a person to gain access to an encoded broadcast without the 
authorisation of the broadcaster. IP/N/1/AUS/C/3 
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 (2) This section does not apply in relation to anything lawfully done for the purposes of 
law enforcement or national security by or on behalf of: 
   (a) the Commonwealth or a State or Territory; or 
  (b) an authority of the Commonw ealth or of a State or Territory. 
  (3) Subject to subsection (8), if this secti on applies, the broadcaster may bring an action 
against the person. 
 
 (4) The relief that a court may grant in an action under this section includes an injunction 
(subject to such terms, if any, as the court th inks fit) and either damages or an account 
of profits. 
  (5) If, in an action under this section, the c ourt is satisfied that it is proper to do so, 
having regard to: 
             (a) the flagrancy with which the defendant did any of the acts described in 
paragraph (1)(b); and 
             (b) any benefit shown to ha ve accrued to the defendant as a result of making or 
dealing with the relevant broadcast decoding device; and 
  (c) all other relevant matters; 
  the court may, in assessing damages, award such additional damages as it considers 
appropriate in the circumstances. 
  (6) If, in an action under this section, the c ourt is satisfied that it is proper to do so, 
having regard to all relevant matters, the cour t may, by order, direct that the relevant 
broadcast decoding device be destroyed or otherwise dealt with as specified in the 
order. 
  (7) In an action under this section it must be presumed that the defendant knew, or ought 
reasonably to have known, th at the broadcast decoding device would be used for the 
purpose referred to in paragraph (1)(c) unless the defendant proves otherwise. 
 
 (8) An action cannot be brought against a pe rson under this section in respect of any act 
described in paragraph (1)(b) after the e xpiration of 6 years from the time when the 
person did the act. 
 135ANA  Actions in relation to the use of broad cast decoding devices for commercial purposes 
 
 (1) Subject to subsection (2), this section applies if:    (a) a broadcaster makes an encoded broadcast; and               (b) a person uses, or authorises the use of, a broadcast decoding device to gain 
access to an encoded broadcast without the authorisation of the broadcaster; 
and 
              (c) the person so uses, or authorises the use of, the device for the purposes of, or 
in connection with, a trade or business carried on by, or in association with, 
the person; and 
              (d) the person knew, or ought  reasonably to have known, that the broadcaster had 
not authorised the person to gain access to the broadcast by so using, or 
authorising the use of, the device. 
  IP/N/1/AUS/C/3 
 Page 123 
 
 
   (2) This section does not apply in relation to anything lawfully done for the purposes of 
law enforcement or national security by or on behalf of: 
   (a) the Commonwealth or a State or Territory; or   (b) an authority of the Commonw ealth or of a State or Territory. 
 
 (3) Subject to subsection (7), if this secti on applies, the broadcaster may bring an action 
against the person. 
  (4) The relief that a court may grant in an action under this section includes an injunction 
(subject to such terms, if any, as the court th inks fit) and either damages or an account 
of profits. 
  (5) If, in an action under this section, the c ourt is satisfied that it is proper to do so, 
having regard to: 
 
              (a) the flagrancy with wh ich the defendant did an act described in paragraph 
(1)(b); and 
              (b) any benefit shown to have accrued to the defendant, or to the trade or 
business carried on by, or in association with, the defendant, as a result of the use of the broadcast decoding device; and 
     (c) all other relevant matters; 
  the court may, in assessing damages, award such additional damages as it considers 
appropriate in the circumstances. 
  (6) If, in an action under this section, the c ourt is satisfied that it is proper to do so, 
having regard to all relevant matters, the cour t may, by order, direct that the relevant 
broadcast decoding device be destroyed or otherwise dealt with as specified in the order. 
  (7) An action cannot be brought against a pe rson under this section in respect of an act 
described in paragraph (1)(b) after the e xpiration of 6 years from the time when the 
person did the act. 
 
Division 3—Jurisdiction and appeals 
 135AP  Exercise of jurisdiction 
 
  The jurisdiction of the Supreme Court of a State or Territory in an action under the 
Part is to be exercised by a single Judge of the Court. 
 
135AQ  Appeals 
  (1) Subject to subsection (2), a decision of  a court of a State or Territory (however 
constituted) under this Part  is final and conclusive. 
  (2) An appeal lies from a decision of a court of a State or Territory under this Part:  
  (a) to the Federal Court of Australia; or 
  (b) by special leave of the High Court, to the High Court.  IP/N/1/AUS/C/3 
Page 124  
 
  135AR  Jurisdiction of Federal Court of Australia 
 
  Jurisdiction is conferred on the Federal C ourt of Australia with respect to actions 
under this Part. 
 Division 4—Offences  135AS  Offences 
 
 (1) A person must not: 
 
  (a) make a broadcast decoding device; or               (b) sell, let for hire, or by way of trade offer or expose for sale or hire, a 
broadcast decoding device; or 
              (c) distribute a broadcast decoding device with the intention of trading, or 
engaging in any other activity that will affect prejudicially a broadcaster; or 
  (d) exhibit a broadcast decoding device in public by way of trade; or   (e) import a broadcast decoding device into Australia with the intention of:                             (i) selling, letting for hire, or by way of trade, offering or exposing for 
sale or hire, the device; or 
                           (ii) distributing the device for trading, or for engaging in any other 
activity that will affect prejudicially a broadcaster; or 
   (iii) exhibiting the device in public by way of trade; or                (f) make a broadcast dec oding device available on-line to an extent that will 
affect prejudicially a broadcaster; 
  if the person knows, or is reckless as to whether, the device will be used to enable a 
person to gain access to an encoded broadcast without the authorisation of the broadcaster. 
  (2) Subsection (1) does not apply in respect of anything lawfully done for the purposes of 
law enforcement or national security by or on behalf of: 
   (a) the Commonwealth or a State or Territory; or   (b) an authority of the Commonw ealth or of a State or Territory. 
 
 (3) The only burden of proof that a defendant  bears in respect of subsection (2) is the 
burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter in question existed. 
  (4) A person who contraven es subsection (1) is guilty of an offence punishable on 
summary conviction by a fine of not more than 550 penalty units and/or 
imprisonment for not more than 5 years. 
 
135AT  Prosecutions 
 
 (1) Prosecutions for offences against section 135AS may be brought in the Federal Court 
of Australia or in any other court of competent jurisdiction. 
  (2) Jurisdiction is conferred on the Federal Court of Australia to hear and determine 
prosecutions for offences against section 135AS. 
  IP/N/1/AUS/C/3 
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  135AU  Destruction etc. of devices 
 
  The court before which a person is char ged with an offence against section 135AS 
may, whether the person is convicted of the offence or not, order that any article in 
the possession of the person that appears to  the court to be a broadcast decoding 
device be destroyed or otherwise dealt with in such manner as the court thinks fit. 
 
Part VA—Copying and communication of broadcasts by educational and other institutions 
 Division 1—Preliminary 
 
135A  Interpretation 
 
  In this Part: 
 
  administering body  means a body administering an institution. 
 
  agreed notice  means a remuneration notice specifying that the amount of equitable 
remuneration payable to the collecting soci ety by the administering body giving the 
notice is to be assessed on the basis of an agreed system. 
 
  collecting society  means the body that is, for the time being, declared to be the 
collecting society under section 135P. 
 
  institution  means: 
 
  (a) an educational institution; or 
  (b) an institution assisting persons  with an intellectual disability. 
 
  notice holder  means the person who is, for the time being, appointed to be the notice 
holder under section 135T. 
 
  preview copy  means a copy of a broadcast referred to in section 135F. 
 
  records notice  means a remuneration notice specifying that the amount of equitable 
remuneration payable to the collecting soci ety by the administering body giving the 
notice is to be assessed on the basis of a records system. 
 
  relevant copyright owner  means the owner of the copyright in a work, a sound 
recording or a cinematograph film. 
 
  remuneration notice  means a notice referred to in subsection 135G(1). 
 
  r u l e s , in relation to the collecting society, means the provisions of the memorandum 
and articles of association of the society. 
 
  sampling notice  means a remuneration notice specifying that the amount of equitable 
remuneration payable to the collecting soci ety by the administering body giving the 
notice is to be assessed on the basis of a sampling system. 
 
135B  Copies and communications of broadcasts 
 
  In this Part: IP/N/1/AUS/C/3 
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              (a) a reference to a copy of a broadcast is a reference to a record embodying a 
sound recording of the broadcast or a copy of a cinematograph film of the broadcast; and 
              (b) a reference to the maki ng of a copy of a broadcas t is a reference to the 
making of a copy of the whole or a part of the broadcast; and 
              (c) a reference to the communication of a copy of a broadcast is a reference to 
the communication of a copy of the whole or a part of the broadcast. 
135D  Operation of collecting society rules 
   This Part applies to the collecting society despite anything in th e rules of the society 
but nothing in this Part affects those rules so far as they can operate together with this 
Part. 
 
Division 2—Copying and communication of broadcasts 
 
135E  Copying and communication of broadcasts by educational institutions etc. 
 
 (1) The copyright in a broadcast, or in an y work, sound recording or cinematograph film 
included in a broadcast, is not infringed by the making or communication, by or on behalf of an administering body, of a copy of the broadcast if: 
 
              (a) a remuneration notice, given by or on behalf of the administering body to the 
collecting society, is in force; 
              (b) where the copy or communication is made by, or on behalf of, a body 
administering an educational institution—the copy or communication is made 
solely for the educational purposes of th e institution or of another educational 
institution; 
              (c) where the copy or communication is made by, or on behalf of, a body 
administering an institution assisting persons with an intellectual disability—the copy or communication is made so lely for the purposes of use in the 
provision of assistance to persons w ith an intellectual disability by the 
institution or by another similar institution; and 
              (d) the administering body  complies with subsection 135K(1) or (3), or section 
135KA, as the case requires, in relati on to the copy or communication. 
  (2) Where a copy, or communication of a copy, of a broadcast referred to in 
subsection (1): 
               (a) is used for a purpose other than a purpose referred to in paragraph (1)(b) 
or (c); 
  (b) is made, sold or otherwise supplied for a financial profit; or               (c) is given to an administering body when there is not in force a remuneration 
notice given by that body to the collecting society; 
  with the consent of the administering bod y by whom, or on whose behalf, it is made, 
subsection (1) does not apply, and shall be ta ken never to have applied, to the making 
of the copy or communication. 
 135F  Making and communication of preview copies 
 
 (1) The copyright in a broadcast, or in an y work, sound recording or cinematograph film 
included in a broadcast, is not infringed by the making of a preview copy of the broadcast.  IP/N/1/AUS/C/3 
 Page 127 
 
 
   
 (2) A copy of a broadcast is a preview copy if:    (a)  the copy is made by, or on behalf of, an administering body;               (b) a remuneration notice, given by, or on behalf of, the administering body to 
the collecting society, is in force; and 
              (c) the copy is made and used solely for the purpose of enabling that body to 
decide whether or not the copy shou ld be retained for the educational 
purposes of the institution administered by  it, or for use in the provision of 
assistance to persons with an inte llectual disability by the institution 
administered by it, as the case may be. 
  (3) Subject to this section, a preview copy shall be destroyed within 14 days after the day 
on which it was made (in this section called the preview period ). 
 
 (4) A preview copy may be retained after the end of the preview period if: 
               (a) where the relevant institution is an educational 
institution—the copy is retained sole ly for the educational purposes of the 
institution; or 
              (b) where the relevant in stitution is an institution assisting persons with an 
intellectual disability—the copy is retained solely for the purpose of use in 
the provision of assistance to su ch persons by the institution. 
  (5) Where a preview copy is retained under subsection (4), subsection 135E(1) applies in 
relation to the copy after the end of the pr eview period as if the copy had been made 
solely for a purpose referred to in paragraph 135E(1)(b) or (c). 
  (6) Where a preview copy is neither destroyed within the preview period nor retained 
under subsection (4), subsection (1) does not a pply, and shall be ta ken never to have 
applied, to the making of the copy. 
 
 (7) The copyright in a broadcast, or in an y work, sound recording or cinematograph film 
included in a broadcast, is not infringed by  the communication of a preview copy of 
the broadcast if: 
               (a) the communication is made solely to enable an administering body to decide 
whether or not that copy should be retained: 
    (i) for the educational purposes of the institution administered by it; or 
                           (ii) for u se in the provision of assistance to persons with an intellectual 
disability by the institution administered by it; and 
 
              (b) the communication is  made only to the extent necessary for the purpose 
mentioned in paragraph (a); and 
   (c) the communication is made within the preview period.  
135G  Remuneration notices 
 
 (1) An administering body may, by notice in writing given to the collecting society by it, 
or on its behalf, undertake to pay equitable remuneration to the society for: 
 IP/N/1/AUS/C/3 
Page 128  
 
                (a) copies of broadcasts made by it, or on its behalf, while the notice is in force; 
and 
              (b) communications of such copies made by it, or on its behalf, while the notice 
is in force. 
 
 (2) A remuneration notice shall specify whether the amount of equitable remuneration is 
to be assessed on the basis of a records system, a sampling system or an agreed system. 
  (3) A remuneration notice comes into for ce on the day on which it is given to the 
collecting society, or on such later day as is specified in the notice, and remains in 
force until it is revoked. 
 
135H  Records notices 
  (1) If a records notice is given by, or on behalf of, an administering body, the amount of 
equitable remuneration payable to the collecting society by the administering body for: 
               (a) each copy of a broadcast made by, or on behalf of, the administering body 
while the notice is in force; and 
              (b) each communication of such a copy of a broadcast made by or on behalf of 
the administering body while the notice is in force; 
  is such amount as is determined by agreement between the administering body and 
the collecting society or, failing such ag reement, by the Copyright Tribunal on 
application made by either of them. 
 
 (1A) If a determination has been made by the Tribunal under subsection (1), either the 
administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that 
subsection for a new determination of the amount of equitable remuneration payable 
to the collecting society by the administering body for the making, by or on behalf of 
that body, of a copy of a broadcast and for the communication by, or on behalf of that 
body, of a copy of the broadcast. 
  (2) For the purposes of subsection (1), diffe rent amounts may be determined (whether by 
agreement or by the Copyright Tribunal) in relation to: 
 
              (a) different classes of work s, sound recordings or ci nematograph films included 
in broadcasts; 
  (b) different institutions administered by the administering body; or               (c) different classes of students of an institution administered by the 
administering body. 
 
 (3) If:                (a) a broadcast is copied by , or on behalf of, an admini stering body, or is taken 
under this subsection to have been so copied; and 
              (b) the copy is communicated by, or on behalf of, the body by being made 
available online, or is taken under this subsection to have been so 
communicated; and 
  (c) the copy remains so available on line for longer than the prescribed period; 
              then, when that period ends:  IP/N/1/AUS/C/3 
 Page 129 
 
 
                (d) the broadcast is taken to have been copied again by, or on behalf of, the body; 
and 
              (e) the copy mentioned in  paragraph (a) is taken to have been communicated 
again by, or on behalf of, the body by making it available online for a further prescribed period. 
 
 (4) For the purposes of subsection (1), an amount of equitable remuneration must be 
determined (whether by agreement or by the Copyright Tribunal) having regard to: 
   (a) copies and communications to whic h paragraphs (3)(d) and (e) apply; and 
  (b) such matters (if any) as are prescribed; and 
  (c) such other matters (if any) as are relevant in the circumstances.   (5) In this section: 
 
  prescribed period  means the period of 12 months, or if another period is agreed 
between the relevant administering body and collecting society for the purposes of 
subsection (3), that other period. 
 
135J  Sampling notices 
  (1) If a sampling notice is given by, or on behalf of, an administering body, the amount 
of equitable remuneration payable to the collecting society by the administering body for: 
               (a) copies of broadcasts made by, or on behalf of, the administering body while 
the notice is in force; and 
              (b) communications of such copies made by, or on behalf of, the administering 
body while the notice is in force; 
  is such annual amount as is determined  by agreement between the administering body 
and the collecting society or, failing such agreement, by the Copyright Tribunal on 
application made by either of them. 
 
 (1A) If a determination has been made by the Tribunal under subsection (1), either the 
administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that 
subsection for a new determination of the amount of equitable remuneration payable 
to the collecting society by the administering body for copies of broadcasts made by, 
or on behalf of, that body and for communica tions by, or on behalf of, that body of 
such copies. 
  (1B) If:  
              (a) a broadcast is copied by , or on behalf of, an admini stering body, or is taken 
under this subsection to have been so copied; and 
              (b) the copy is communicated by, or on behalf of, the body by being made 
available online, or is taken under this subsection to have been so 
communicated; and 
  (c) the copy remains so available on line for longer than the prescribed period; 
              then, when that period ends:               (d) the broadcast is taken to have been copied again by, or on behalf of, the body; 
and IP/N/1/AUS/C/3 
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                (e) the copy mentioned in  paragraph (a) is taken to have been communicated 
again by, or on behalf of, the body by making it available online for a further prescribed period. 
  (2) The annual amount referred to in subsec tion (1) must be determined (whether by 
agreement or by the Copyright Tribunal) having regard to: 
   (a) copies and communications to which paragraphs (1B)(d) and (e) apply; and 
              (b) the extent to which other copies of broadcasts are made and communicated 
by, or on behalf of, the administering body in a particular period; and 
  (c) such matters (if any) as are prescribed; and 
  (d) such other matters (if any) as are relevant in the circumstances. 
  (3) The extent of copying of broadcasts a nd the communication of those copies, and any 
other matters that are necessary or conveni ent to be assessed by use of a sampling 
system, shall be assessed by use of a sampling system determined by agreement 
between the administering body and the coll ecting society or, failing such agreement, 
by the Copyright Tribunal on application made by either of them. 
  (4) For the purposes of subsection (1), di fferent annual amounts may be determined 
(whether by agreement or by the Copyri ght Tribunal) in relation to different 
institutions administered by the administering body. 
  (5) Where:                (a) a sampling notice is given by, or on behalf of, an administering body to the 
collecting society; and 
              (b) during any period, the administering body does not comply with one or more 
of the requirements of the sampling system determined under this section in relation to the notice; 
  subsections 135E(1) and 135F(1) do not apply to any copy of a broadcast, or 
communication of a copy of a broadcast, made by, or on behalf of, the administering 
body during that period. 
  (6) In this section: 
 
  prescribed period  means the period of 12 months, or if another period is agreed 
between the relevant administering body and collecting society for the purposes of 
subsection (1B), that other period. 
 
135JA  Agreed notice 
 
 (1) If an agreed notice is given by, or on behalf of an administering body, the amount of 
equitable remuneration payable to the collecting society by the administering body 
for: 
               (a) copies of broadcasts made by, or on behalf of, the administering body while 
the notice is in force; and 
              (b) communications of such copies made by, or on behalf of, the administering 
body while the notice is in force; 
  is an amount (whether an annual amount  or otherwise) determined by agreement 
between the administering body and the coll ecting society or, failing such agreement, 
by the Copyright Tribunal on application made by either of them.  IP/N/1/AUS/C/3 
 Page 131 
 
 
   
 (2) If a determination has been made by the Tribunal under subsection (1), either the 
administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that 
subsection for a new determination of the amount of equitable remuneration payable 
to the collecting society by the administer ing body for copies of broadcasts made and 
communicated by, or on behalf of, that body. 
  (3) Subject to subsection (5), the matters  and processes constituting an agreed system, 
and any matters that are necessary or conveni ent to be assessed or taken into account 
for the purposes of the system, must be determined by agreement between the 
administering body and the collecting society or, failing such agreement, by the Copyright Tribunal on application made by either of them. 
  (4) If: 
 
              (a) a broadcast is copied by , or on behalf of, an admini stering body, or is taken 
under this subsection to have been so copied; and 
              (b) the copy is communicated by, or on behalf of, the body by being made 
available online, or is taken under this subsection to have been so 
communicated; and 
  (c) the copy remains so available on line for longer than the prescribed period; 
  then, when that period ends:               (d) the broadcast is taken to have been copied again by, or on behalf of, the body; 
and 
              (e) the copy mentioned in  paragraph (a) is taken to have been communicated 
again by, or on behalf of, the body by making it available online for a further 
prescribed period. 
  (5) An agreed system (whether determined by agreement or by the Copyright Tribunal) 
must require the assessment of an amount of equitable remuneration by a method or process that takes account of copies and co mmunications to which paragraphs (4)(d) 
and (e) apply. 
  (6) For the purposes of subsection (1), diffe rent amounts may be determined (whether by 
agreement or by the Copyright Tribunal)  in relation to different institutions 
administered by the administering body. 
 
 (7) If:                (a) an agreed notice is given by, or on behalf of, an administering body to the 
collecting society; and 
              (b) during any period, the administering body does not comply with one or more 
of the requirements of the agreed system determined under this section in 
relation to the notice; 
  subsections 135E(1) and 135F(1) do not apply to any copy of a broadcast, or 
communication of a copy of a broadcast, made by, or on behalf of, the administering body during that period. 
 
  IP/N/1/AUS/C/3 
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  (8) In this section: 
 
  prescribed period  means the period of 12 months or, if another period is agreed 
between the relevant administering body and collecting society for the purposes of 
subsection (4), that other period. 
 
135K  Marking and record keeping requirements 
 
 (1) Where a records notice is given by, or on behalf of, an administering body, the body 
shall: 
 
              (a) mark, or cause to be marked, in accordance with the regulations, each copy in 
analog form of a broadcast made by it, or on its behalf, while the notice is in 
force, or any container in which such a copy is kept; 
              (b) make, or cause to be made, a record of each copying of a broadcast, and each 
communication of such a copy, carried out by it, or on its behalf, while the 
notice is in force, being a record cont aining such particulars as are prescribed; 
              (c) retain that record fo r the prescribed retention period after the making of the 
copy or communication to which it relates; and 
              (d) send copies of all such  records to the collecting society in accordance with 
the regulations. 
 
 (2) A record of the kind referred to in paragraph (1)(b):                (a) may be kept in writing or in any other manner prescribed in the regulations; 
and 
  (b) if it is kept in writing, shall be in accordance with the prescribed form. 
  (3) Where a sampling notice is given by, or on behalf of, an administering body, the body 
shall mark, or cause to be marked, in acco rdance with the regulations, each copy in 
analog form of a broadcast made by it, or on its behalf, while the notice is in force, or 
any container in which such a copy is kept. 
 
135KA  Notice requirements in respect of communications 
 
  If a remuneration notice is given by, or on behalf of, an administering body to a 
collecting society in respect of communicati on of copies of broadc asts made by, or on 
behalf of, the body while the remuneration noti ce is in force, the body must, except in 
such circumstances (if any) as are prescribed: 
               (a) give a notice, in acco rdance with the regulations, in relation to each such 
communication made by it, or on its behalf, while the remuneration notice is in force, containing: 
 
                           (i) statem ents to the effect that the communication has been made under 
this Part and that any work or other subject-matter contained in the communication might be subject to copyright protection under this Act; and 
   (ii) such other information or particulars (if any) as are prescribed; and 
               (b) in the case of each such communication made by it, or  on its behalf, while the 
remuneration notice is in force—take a ll reasonable steps to ensure that the 
communication can only be received or accessed by persons entitled to  IP/N/1/AUS/C/3 
 Page 133 
 
 
  receive or access it (for example, teachers or persons receiving educational 
instruction or other assistance provide d by the relevant institution); and 
              (c) comply with such other requirements (if any) as are prescribed in relation to 
each such communication made by it, or  on its behalf, while the remuneration 
notice is in force. 
 
135L  Inspection of records etc. 
 
 (1) Where a remuneration notice is or has been  in force, the collecting society may, in 
writing, notify the administering body which gave the notice that the society wishes, 
on a day specified in the notice, being an ordinary working day of the institution 
specified in the notice not earlier than 7 days after the day on which the notice is 
given, to do such of the following things as are specified in the notice: 
               (a) assess the amount of copying of broadcasts and communication of such 
copies carried out at the premises of the institution; 
              (b) inspect all the relevant records held at those premises that relate to the 
making and communication of copies of broadcasts in reliance on section  135E; 
              (c) inspect such other reco rds held at those premises as are relevant to the 
assessment of the amount of equitable remuneration payable by the 
administering body to the society. 
  (2) Where the collecting society gives a no tice, a person authorised in writing by the 
society may, during the ordinary working hours of the relevant institution on the day specified in the notice (but not before 10 a.m. or after 3 p.m.), carry out the 
assessment, or inspect the records, to whic h the notice relates and, for that purpose, 
may enter the premises of the institution. 
  (3) An administering body shall take all re asonable precautions, a nd exercise reasonable 
diligence, to ensure that a person referred  to in subsection (2) who attends at the 
premises of an institution administered by the body for the purpose of exercising the 
powers conferred by that subsection is provided with all reasonable and necessary 
facilities and assistance for the eff ective exercise of those powers. 
  (4) An administering body that contraven es subsection (3) is guilty of an offence 
punishable, on conviction, by a fine not exceeding $500. 
 
135M  Revocation of remuneration notice 
 
  A remuneration notice may be revoked at any time by the relevant administering 
body by notice in writing given to the collecting society, and the revocation takes effect at the end of 3 months after the date of the notice or on such later day as is 
specified in the notice. 
 
135N  Request for payment of equitable remuneration 
 
 (1) Subject to this section, where a remune ration notice is or has been in force, the 
collecting society may, by notice in writing given to the administering body which 
gave the notice, request the body to pay to the society, within a reasonable time after 
the date of the notice, the amount of equ itable remuneration specified in the notice, 
being an amount payable under section 135H, 135J or 135JA, as the case may be, for IP/N/1/AUS/C/3 
Page 134  
 
  copies of broadcasts and communications of su ch copies made by, or on behalf of, the 
body while the remuneration notice is or was in force. 
  (3) If an amount specified in a request under s ubsection (1) is not paid in accordance with 
the request, it may be recovered from the relevant administering body by the 
collecting society in the Federal Court of Australia or any other court of competent 
jurisdiction as a debt due to the society. 
  (4) Jurisdiction is conferred on the Federal Court of Australia with respect to actions 
under subsection (3). 
 
Division 3—The collecting society 
 135P  The collecting society 
  (1) Subject to this section, the A ttorney-General may, by notice in the Gazette , declare a 
body named in the notice to be the collecting society. 
  (2) The Attorney-General shall not name mo re than one body in a declaration and shall 
not make a declaration while an earlier declaration is in force. 
 
 (3) The Attorney-General shall not declare a body to be the collecting society unless: 
               (a) it is a company limited by guarantee and incorporated under a law in force in 
a State or Territory relating to companies; 
              (b) all relevant copyright  owners, or their agents, are entitled to become its 
members; 
  (c) its rules prohibit the payment of dividends to its members; and               (d) its rules contain such other provisions as are prescribed, being provisions 
necessary to ensure that the interests of the collecting society’s members who 
are relevant copyright owners or their agents are protected adequately, including, in particular, provisions about: 
                           (i) the collection of amounts of equitable remuneration payable by 
administering bodies under section 135H, 135J or 135JA; 
                           (ii) the pa yment of the administrative costs of the society out of amounts 
collected by it; 
   (iii) the distribution of amounts collected by it; 
                           (iv) the holding on trust by the society of amounts for relevant copyright 
owners who are not its members; and 
   (v) access to records of the society by its members.  
135Q  Revocation of declaration 
   The Attorney-General may, by notice in the Gazette , revoke the declaration of a body 
as the collecting society if satisfied that the body: 
   (a) is not functioning adequately as the collecting society;               (b) is not acting in accordance w ith its rules or in the best interests of those of its 
members who are relevant copyright owners or their agents; 
              (c) has altered its rules so that they no longer comply with paragraphs 135P(3)(c) 
and (d); or 
              (d) has refused or failed,  without reasonable excuse, to comply with section 
135R or 135S.  IP/N/1/AUS/C/3 
 Page 135 
 
 
   
135R  Annual report and accounts 
 
 (1) The collecting society shall, as soon as practicable after the end of each financial 
year, prepare a report of its operations duri ng that financial year and send a copy of 
the report to the Attorney-General. 
  (2) The Attorney-General shall cause a copy of the report sent to the Attorney-General 
under subsection (1) to be laid before each  House of the Parliament within 15 sitting 
days of that House after the receipt of the report by the Attorney-General. 
 
 (3) The society shall keep accounting reco rds correctly recording and explaining the 
transactions of the society (including any transactions as trustee) and the financial 
position of the society. 
 
 (4) The accounting records shall be kept in such a manner as will enable true and fair 
accounts of the society to be prepared from time to time and those accounts to be conveniently and properly audited. 
  (5) The society shall, as soon as practicable after the end of each financial year, cause its 
accounts to be audited by an auditor who is not a member of the society, and shall 
send to the Attorney-General a copy of its accounts as so audited. 
  (6) The society shall give its members reasonable access to copies of all reports and 
audited accounts prepared under this section. 
 
 (7) This section does not affect any obligations  of the society relating to the preparation 
and lodging of annual returns or accounts under the law under which it is incorporated. 
 
135S  Amendment of rules 
   The collecting society shall, within 21 days after it alters its rules, send a copy of the 
rules as so altered to the Attorney-General , together with a statement setting out the 
effect of the alteration and the reasons why it was made. 
 
Division 4—Interim copying 
 
135T  Appointment of notice holder 
 
  The Attorney-General may, by notice in the Gazette , appoint a person to be the notice 
holder for the purposes of this Division. 
 135U  Copying before declaration of collecting society 
 
 (1) The copyright in a broadcast, or in an y work, sound recording or cinematograph film 
included in a broadcast, is not infringed by the making, by or on behalf of an administering body, of a copy of the broadcast if: 
 
              (a) at the time the copy is made, the first collecting society has not been 
declared; 
              (b) a notice given by the administering body to the notice holder under 
subsection 135W(1) is in force; IP/N/1/AUS/C/3 
Page 136  
 
                (c) where the copy is made by, or on behalf of, a body administering an 
educational institution—the copy is ma de solely for the educational purposes 
of the institution or of another educational institution; 
              (d) where the copy is made by, or on behalf of a body administering an 
institution assisting persons with an inte llectual disability—the copy is made 
solely for the purposes of use in the provision of assistance to persons with an 
intellectual disability by the institution or by another similar institution; and 
              (e) the administering body complies with paragraphs 1 35K(1)(a), (b) and (c) or 
subsection 135K(3), in so far as those provisions apply. 
 
 (2) Where a copy of a broadcast referred to in subsection (1): 
               (a) is used for a purpose other than a purpose referred to in paragraph (1)(c) 
or (d); 
  (b) is made, sold or otherwise supplied for a financial profit; or 
              (c) is given to an administering body when there is not in force a notice given by 
that body to the notice holder under subsection 135W(1); 
  with the consent of the administering bod y by whom, or on whose behalf, it is made, 
subsection (1) does not apply, and shall be ta ken never to have applied, to the making 
of the copy. 
 135V  Preview copies 
 
  Section 135F applies to the making of prev iew copies of broadcas ts before the first 
collecting society is declared as if: 
 
              (a) the reference in para graph 135F(2)(b) to a remuneration notice given by an 
administering body to the collecting society were a reference to a notice under subsection 135W(1) given by the administering body to the notice holder; and 
              (b) the references in s ubsection 135F(5) to subsection 135E(1), and paragraphs 
135E(1)(b) and (c), were references to  subsection 135U(1), and paragraphs 
135U(1)(c) and (d), respectively. 
135W  Notices by administering bodies 
 
 (1) An administering body may at any time before the declaration of the first collecting 
society, by notice in writing given to the notice holder, undertake to pay equitable 
remuneration to the collecting society, when  it is declared, for copies of broadcasts 
made by, or on behalf of, the administer ing body while the notice is in force. 
  (2) A notice shall specify whether the amount of equitable remuneration is to be assessed 
on the basis of a records system or a sampling system. 
 
 (3) A notice comes into force on the day on which it is given to the notice holder, or on 
such later day as is specified in the notice,  and remains in force until it is revoked. 
  (4) A notice may be revoked at any time by the relevant administering body by notice in 
writing given to the notice holder, and the revocation takes effect on the date of the 
notice of revocation or on such later date as is specified in it. 
  IP/N/1/AUS/C/3 
 Page 137 
 
 
  135X  Marking and record keeping requirements 
 
 (1) Where an administering body gives a no tice under subsection 135W(1) that specifies 
that the amount of equitable remuneration is  to be assessed on the basis of a records 
system, paragraphs 135K(1)(a), (b) and (d) and subsection 135K(2) apply as if: 
 
              (a) the reference to the co llecting society were a reference to the notice holder; 
and 
              (b) references to a record s notice were references to the notice under subsection 
135W(1). 
 
 (2) Where an administering body gives a no tice under subsection 135W(1) that specifies 
that the amount of equitable remuneration is to be assessed on the basis of a sampling system, subsection 135K(3) applies as if: 
 
              (a) the reference to the co llecting society were a reference to the notice holder; 
and 
              (b) references to a sampli ng notice were references to the notice under subsection 
135W(1). 
 
135Y  Effect of declaration of collecting society 
 
 (1) Where the first collecting society is declared, a notice given by an administering body 
to the notice holder under subsection 135W(1 ) and in force immediately before that 
declaration shall, on and after that declaration, be taken, for the purposes of this Part, to be a records notice or a sampling notice, as the case may be, given by that body to 
the collecting society, being a records noti ce or sampling notice that came into force 
on the day on which the notice came into force. 
  (2) Where a notice is to be taken under this section to be a records notice, the relevant 
administering body shall cause copies of all records made under paragraph 135K(1)(b) on or after the day on which the notice is taken to have come into force to 
be sent to the collecting society within 21 da ys after the declaration of the collecting 
society. 
 
Division 5—Miscellaneous 
 
135Z  Relevant copyright owner may authorise copying etc. 
 
  Nothing in this Part affects the right of the owner of the copyright in a broadcast, or 
in a work, sound recording or cinematograph film included in a broadcast, to grant a 
licence authorising an administering body to make, or cause to be made, a copy of the broadcast, sound recording or film, or  a reproduction of the work and to 
communicate, or cause to be communicated, that copy or reproduction, without 
infringing that copyright. 
 
135ZA  Copyright not to vest in copier 
   Despite any other provision of this Act, the making or communication of a copy of a 
broadcast by, or on behalf of, an administering body that is not an infringement of copyright under this Part, does not vest copyright in any work or other subject-matter in any person. IP/N/1/AUS/C/3 
Page 138  
 
  Part VB—Reproducing and communicating works et c. by educational and other institutions 
 Division 1—Preliminary  135ZB  Interpretation 
   In this Part: 
 
  administering body  means a body administering an institution. 
 
  collecting society  means a body that is, for the time be ing, declared to be a collecting 
society under section 135ZZB. 
 
  electronic use notice  means a remuneration notice specifying that the amount of 
remuneration payable in respect of licensed copies in electronic form, or licensed 
communications, made by, or on behalf of, the administering body giving the notice 
is to be assessed on the basis of an electronic use system. 
 
  eligible item  has the meaning given by section 135ZC. 
 
  institution  means: 
 
  (a) an educational institution;   (b) an institution assisting persons with a print disability; or   (c) an institution assisting persons  with an intellectual disability. 
 
  licensed communication  means a communication made by, or on behalf of, a body 
administering an institution in reliance on section 135ZMC, 135ZMD, 135ZP or 135ZS. 
 
  licensed copy  means: 
 
              (a) a reproduction of the whol e or a part of the work, being a reproduction that is 
made by, or on behalf of, a body admini stering an educational institution in 
reliance on section 135ZJ, 135ZK, 135ZL, 135ZMC or 135ZMD; 
              (b) a record embodying a sound recording of the whole or a part of a literary or 
dramatic work, or a Braille version, a large-print version, a photographic 
version or an electronic version of the whole or a part of such a work, being a 
record or version made by, or on behalf of, a body administering an institution assisting persons with a print disability in reliance on section 
135ZP; or 
              (c) a copy of the whole or a pa rt of an eligible item, being a copy made by, or on 
behalf of, a body administering an in stitution assisting persons with an 
intellectual disability in reliance on section 135ZS. 
 
  records notice  means a remuneration notice specifying that the amount of equitable 
remuneration payable in respect of licensed copies made in hardcopy form or analog form by, or on behalf of, the administeri ng body giving the notice is to be assessed on 
the basis of a records system. 
 
  relevant collecting society , in relation to a remuneration notice, means the collecting 
society for the owners of the copyright in wo rks, or other subject-matter, of the same 
kind as that to which the remuneration notice relates.  IP/N/1/AUS/C/3 
 Page 139 
 
 
   
  relevant copyright owner  means the owner of the copyrigh t in a work or an eligible 
item other than a work. 
 
  remuneration notice  means a notice referred to in subsection 135ZU(1). 
 
  r u l e s , in relation to a collecting society, means the provisions of the memorandum 
and articles of association of the society. 
 
  sampling notice  means a remuneration notice specifying that the amount of equitable 
remuneration payable in respect of licensed copies made in hardcopy form or analog 
form by, or on behalf of, the administeri ng body giving the notice is to be assessed on 
the basis of a sampling system. 
 
135ZC  Eligible items and photographic versions 
 
  In this Part:    (a) a reference to an eligible item is a reference to:     (i) a published literary, dramatic, musical or artistic work; 
   (ii) a published sound recording or cinematograph film; or 
                           (iii) a work  referred to in subparagraph (i ) that is included in a sound 
broadcast; 
              (b) a reference to a copy of an eligible item, being a literary, dramatic or musical 
work, is a reference to any of the following: 
 
   (i) a reproduction of the work in a material form;    (ii) an adaptation of the work;    (iii) a reproduction in a material form of an adaptation of the work;                (c) a reference to a copy of an eligible item, being an artistic work, is a reference 
to a reproduction in a material form of the work; 
              (d) a reference to a copy of an eligible item, being a sound recording or a 
cinematograph film, is a reference to  a copy of the sound recording or 
cinematograph film; and 
              (e) a reference to a photographic version of a work or a part of a work is a 
reference to a copy of the work or pa rt of the work produced as a film-strip, 
or series of separate transparencies, designed to meet the needs of persons with a print disability. 
 
135ZE  Part does not apply to computer programs 
   Nothing in this Part applies in relation to a literary work, being a computer program 
or a compilation of computer programs. 
 
135ZF  Operation of collecting society rules 
   This Part applies to a collecting society d espite anything in the rules of the society but 
nothing in this Part affects those rules so far as they can operate together with this 
Part. 
 IP/N/1/AUS/C/3 
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  135ZFA  Licensed communications 
 
  For the purposes of this Part, a referen ce to a licensed communication of a work, or 
part of a work, or other subject-ma tter includes a reference to a licensed 
communication of a licensed copy of the work or other subject-matter. 
 Division 2—Reproduction by educational instit utions of works that are in hardcopy form 
 135ZGA  Application of Division  
 (1) This Division applies in relation to the reproduction of a work (including an article 
contained in a periodical publication), or part of a work, and to the copying of a published edition of a work, or part of su ch an edition, only if the reproduction or 
copy is made from a document that is in hardcopy form. 
 
 (2) For the purposes of this Division: 
               (a) a reference to a reproduc tion of a work (including an article contained in a 
periodical publication), or a part of a wo rk, is to be read as a reference to a 
reproduction of that work or part made from a document that is in hardcopy form; and 
              (b) a reference to a facsimi le copy of a printed pub lished edition of a work, or 
part of such an edition, is to be read as a reference to a facsimile copy of that edition or part made from a document that is in hardcopy form. 
 
135ZG  Multiple reproduction of insubstantial parts of works that are in hardcopy form 
 
 (1) Subject to this section, copyright in a lit erary or dramatic work is not infringed by the 
making of one or more reproductions of a page  or pages of the work in an edition of 
the work if the reproduction is carried out on the premises of an educational 
institution for the purposes of a course of education provided by it. 
 
 (2) Subsection (1) does not apply to the making of a reproduction of the whole of a work. 
  (3) Subsection (1) does not apply to the making of a reproduction of more than 2 of the 
pages of a work in an ed ition of the work unless: 
 
  (a) there are more than 200 pages in the edition; and 
              (b) the total number of pages so reproduced does not exceed 1% of the total 
number of pages in the edition. 
  (4) Where:  
              (a) a person makes, or causes to be made, a reproduction of a part of a work 
contained on a page or pa ges in an edition; and 
  (b) subsection (1) applies to the making of that reproduction;   that subsection does not apply to the maki ng, by or on behalf of that person, of a 
reproduction of any other part of that work  within 14 days after the day on which the 
previous reproduction was made. 
  (5) In this section, a reference to an edition of a work includes a reference to an edition of 
works that include that work. 
  IP/N/1/AUS/C/3 
 Page 141 
 
 
  135ZH  Copying of printed published edit ions by educational institutions 
 
  The copyright in a printed published ed ition of a work (being a work in which 
copyright does not subsist) is not infringed  by the making of one  or more facsimile 
copies of the whole or a part of the edition, if the copy, or each of the copies, is made 
in the course of the making of a reproduction of  the whole or a part of the work by, or 
on behalf of, a body administering an e ducational institution for the educational 
purposes of that institution or of another educational institution. 
 
135ZJ  Multiple reproduction of printed periodical articles by educational institutions 
 
 (1) Subject to this section, the copyright in an article contained in a printed periodical 
publication is not infringed by the making of  one or more reproductions of the whole 
or a part of that article by, or on beha lf of, a body administering an educational 
institution if: 
              (a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
              (b) the reproduction is ca rried out solely for the educational purposes of the 
institution or of another educational institution; and 
              (c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as 
the case requires, in relation to each reproduction. 
 
 (2) This section does not apply in relation to reproductions of, or of parts of, 2 or more 
articles contained in the same periodical publication unless the articles relate to the same subject-matter. 
 135ZK  Multiple reproduction of works published in printed anthologies 
 
  The copyright in a literary or dramatic work, being a work contained in a printed 
published anthology of works and comprising not more than 15 pages in that anthology, is not infringed by the making of  one or more reproductions of the whole 
or part of the work by, or on behalf of, a body administering an educational institution 
if: 
               (a) a remuneration notice gi ven by, or on behalf of, the body to the relevant 
collecting society is in force; and 
              (b) the reproduction is ca rried out solely for the educational purposes of the 
institution or of another educational institution; and 
              (c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as 
the case requires, in relation to each reproduction. 
 
135ZL  Multiple reproduction of works that are in  hardcopy form by educational institutions 
  (1) Subject to this section, the copyright in  a literary, dramatic, musical or artistic work 
(other than an article contained in a periodical publication) is not infringed by the making of one or more reproductions of the whole or a part of the work by, or on behalf of, a body administering an educational institution if: 
 
              (a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
              (b) the reproduction is ca rried out solely for the educational purposes of the 
institution or of another educational institution; and IP/N/1/AUS/C/3 
Page 142  
 
                (c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as 
the case requires, in relation to each reproduction. 
  (2) This section does not apply in relation to reproductions of the whole, or of more than 
a reasonable portion, of a work that h as been separately published unless the person 
who makes the reproductions, or causes the reproductions to be made, for, or on 
behalf of, the body is satisfied, after r easonable investigation, that reproductions 
(other than second-hand reproductions) of the work cannot be obtained within a 
reasonable time at an ordinary commercial price. 
 135ZM  Application of Division to certain illustrations that are in hardcopy form 
 
 (1) Where an article or other literary, dramatic or musical work is accompanied by an 
artistic work or artistic works provided for the purpose of explaining or illustrating the article or other work, the preceding sections of this Division apply as if: 
 
              (a) where any of those sections  provides that the copyright in the article or other 
work is not infringed—the reference to that copyright included a reference to 
any copyright in that artistic work or those artistic works; 
              (b) a reference to a reproducti on of an article or other work included a reference 
to a reproduction of the article or other work together with a reproduction of 
that artistic work or those artistic works; 
              (c) a reference to a reproducti on of a part of an article or other work included a 
reference to a reproduction of that part of the article or other work together 
with a reproduction of the artistic work or artistic works provided for the purpose of explaining or illustrating that part; 
              (d) a reference to a reproducti on of a page of a literary or dramatic work in an 
edition of the work included a reference to a reproduction of a page in such an edition that contained that work and an artistic work or artistic works provided for the purpose of explaining or  illustrating that part of that work; 
and 
              (e) a reference to a reproduc tion of pages of a literary or dramatic work in an 
edition of the work included a reference to a reproduction of pages in such an 
edition that contained a part of that work and an artistic work or artistic works provided for the purpose of explaining or illustrating that part of that work. 
 
 (2) If: 
               (a) any remuneration is paid under this Part in respect of a page of a document 
that is: 
                           (i) a reproduction of the whole or a part of an article (other than a part 
that is an artistic work) contained in a periodical publication; or 
                          (ii) a reproduction of the whole or a part of a literary or dramatic work 
contained in a published anthology of works; or 
                          (iii) a re production of the whole or a part of a literary, dramatic or 
musical work other than an article contained in a periodical publication; and 
               (b) the making of the page is not an infringement of the copyright in the article or 
work because of section 135ZJ, 135ZK or 135ZL; and 
              (c) the page includes an artistic work or artistic works provided for the purpose 
of explaining or illustrating the article or work; 
  the following paragraphs apply:  IP/N/1/AUS/C/3 
 Page 143 
 
 
                (d) one-half of the remuneration paid in respect of the making of the page is to be 
paid to the owner, or divided equally  among the owners, of the copyright in 
the literary, dramatic or musical work or works which, or a part of which, appear on the page; and 
              (e) one-half of that remunera tion is to be paid to the owner, or divided equally 
among the owners, of the copyright in the artistic work or artistic works 
which, or a part of which, appear on the page. 
 
Division 2A—Reproduction and communication  of works that are in electronic form 
 
135ZMA  Application of Division  
 (1) This Division applies in relation to the reproduction of a work (including articles 
contained in periodical publications) or pa rt of a work, only if the reproduction is 
made from an electronic form of the work. 
 
 (2) For the purposes of this Division, a refe rence to a reproduction of a work (including 
an article contained in a periodical publication) , or a part of a work, is to be read as a 
reference to a reproduction made from an electronic form of the work or part. 
 
135ZMB  Multiple reproduction and communication of insubstantial parts of works that are in 
electronic form 
 
 (1) Subject to this section, copyright in a published literary or dramatic work is not 
infringed by: 
  (a) the making of one or more reproductions of a part of the work; or 
  (b) communicating a part of the work; 
  if the reproduction or communication is carri ed out on the premises of an educational 
institution for the purposes of a course of study provided by it. 
  (2) Subsection (1) does not apply to the reproduction or communication of more than 1% 
of the total number of words in the work. 
 
 (3) If:                (a) a person makes, or caus es to be made, a reproduction of a part of a work or 
communicates a part of a work; and 
              (b) subsection (1) applies to the making of the reproduction or to the 
communication; 
  that subsection does not apply to the ma king by, or on behalf of, that person of a 
reproduction or to the communication by that person, of any other part of that work within 14 days after the day on which the previous reproduction or the first communication of the work was made. 
 
 (4) If:                (a) a person communicates a part of a work by making the part available online; 
and 
  (b) subsection (1) applies to the communication; 
  that subsection does not apply to the making available online by that person of any 
other part of that work while the part previously made available online continues to be so available. 
 IP/N/1/AUS/C/3 
Page 144  
 
  135ZMC  Multiple reproduction and communication of  periodical articles that are in electronic 
form by education institutions 
 
 (1) Subject to this section, the copyright in  an article contained in a periodical publication 
is not infringed by: 
 
              (a) the making of one or more  reproductions of the whole or a part of the article; 
or 
  (b) the communication of the whole or a part of the article;   by, or on behalf of, a body administering an educational institution if: 
              (c) a remuneration notice gi ven by, or on behalf of, the body to the relevant 
collecting society is in force; and 
              (d) the reproduction or comm unication is carried out solely for the educational 
purposes of the institution or of a nother educational institution; and 
              (e) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as 
the case requires, in relation to each reproduction or communication. 
  (2) This section does not apply in relation to the reproduction or communication of, or of 
parts of, 2 or more articles contained in  the same periodical publication unless the 
articles relate to the same subject-matter. 
 135ZMD  Multiple reproduction and communication  of works that are in  electronic form by 
educational institutions 
 
 (1) Subject to this section, the copyright in  a literary, dramatic, musical or artistic work 
(other than an article contained in a pe riodical publication) is not infringed by: 
 
              (a) the making of one or more reproductions of the whole or a part of the work; 
or 
  (b) the communication of the whole or a part of the work;               by, or on behalf of, a body administering an educational institution if:               (c) a remuneration notice gi ven by, or on behalf of, the body to the relevant 
collecting society is in force; and 
              (d) the reproduction or comm unication is carried out solely for the educational 
purposes of the institution or of a nother educational institution; and 
              (e) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as 
the case requires, in relation to each reproduction or communication. 
 
 (2) This section does not apply in relati on to the reproduction or communication of: 
               (a) the whole, or of more than a reasonable portion of, a literary or dramatic 
work; or 
  (b) the whole, or of more than 10% of, a musical work; 
 
  that has been separately published unless the person who makes the reproduction or 
communication, or causes it to be made, for, or on behalf of, the body is satisfied, after reasonable investigation, that the work is not available in electronic form within 
a reasonable time at an ordinary commercial price. 
 
   IP/N/1/AUS/C/3 
 Page 145 
 
 
  (3) If: 
               (a) a person communicates a part of a work by or on behalf of a body 
administering an educational institution, by making the part available online; and 
  (b) subsection (1) applies to the communication; 
  that subsection does not apply to the making available online by, or on behalf of, that 
body of any other part of that work while the part previously made available online continues to be so available. 
 135ZME  Application of Division to certain illustrations in electronic form 
 
 (1) If an article or other literary, dramatic or musical work that is in electronic form is 
accompanied by an artistic work or artistic works in electronic form provided for the 
purpose of explaining or illustrating the ar ticle or other work, the preceding sections 
of this Division apply as if: 
               (a) where any of those sections  provides that the copyright in the article or other 
work is not infringed—the reference to that copyright included a reference to 
any copyright in the artistic work or artistic works; and 
              (b) a reference to a repr oduction or communication of an article or other work 
included a reference to a reproduction or communication of the article or 
other work together with a reproduc tion or communication of the artistic 
work or artistic works; and 
              (c) a reference to a reproductio n or communication of a part of an article or other 
work included a reference to a reproduction or communication of that part of 
the article or other work together with a reproduction or communication of 
the artistic work or artistic works provi ded for the purpose of explaining or 
illustrating that part. 
  (2) If:  
  (a) remuneration is paid under this Part in respect of: 
                           (i) the reproduction or communication of the whole or part of an article 
(other than a part that is an artistic work) contained in a periodical publication; or 
                           (ii) the reproduction or communication of the whole or part of a literary, 
dramatic or musical work, other than an article contained in a 
periodical publication; and 
              (b) the reproduction or communication is not an infringement of the copyright in 
the article or work because of section 135ZMC or 135ZMD; and 
              (c) the reproduction that is  made or communicated includes an artistic work or 
artistic works provided for the purpose of explaining or illustrating the article 
or work; 
  the amount of the remuneration must be divided among the owner or owners of the 
copyright in the artistic work or artistic works and the owner or owners of the copyright in the article or other literary, dramatic or musical work or works. 
 
 (3) The division of an amount of remuneration under subsection (2) is to be carried out as 
agreed between the relevant copyright owners or, failing such agreement, as 
determined by the Copyright Tribunal on application made by any of them. IP/N/1/AUS/C/3 
Page 146  
 
  Division 3—Reproduction and communication of wo rks by institutions assisting persons with a 
print disability 
 
135ZN  Copying published editions by institutions assisting persons with a print disability 
   The copyright in a published edition of a work (being a work in which copyright does 
not subsist) is not infringed by the making of one or more facsimile copies of the 
whole or a part of the edition if the copy, or  each of the copies, is made in the course 
of the making of a reproduction of the whole or a part of the work by, or on behalf of, a body administering an institution assisting persons with a print disability for use in 
the provision, whether by the institution or ot herwise, of assistance to such persons. 
 
135ZP  Multiple reproduction and communication of works by institutions assisting persons 
with a print disability 
  (1) The copyright in a literary or dramatic  work is not infringed by the making or 
communication by, or on behalf of, a body administering an institution assisting persons with a print disability of one or more records embodying a sound recording of the work or of a part of the work if: 
               (a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; 
              (b) each record is made, or  each communication is carried out solely for the 
purpose of use in the provision, whether by the institution or otherwise, of assistance to persons with a print disability; and 
              (c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as 
the case requires, in relation to each copy or communication. 
  (2) The copyright in a published literary or dr amatic work is not infringed by the making 
or communication by, or on behalf of, a body administering an institution assisting persons with a print disability, of one or mo re Braille versions, large-print versions, 
photographic versions or electronic versions of  the work or of a part of the work if: 
 
              (a) a remuneration notice gi ven by, or on behalf of, the body to the relevant 
collecting society is in force; and 
              (b) each version is made, or each communication is carried out, solely for the 
purpose of the provision, whether by the institution or otherwise of assistance 
to persons with a print disability; and 
              (c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as 
the case requires, in relation to each version or communication. 
  (3) Where a sound recording of a work has been published, subsection (1) does not apply 
to the making of any record embodying a sound recording of the work (including a 
record that is a copy of that first-mentione d sound recording) for, or on behalf of, a 
body administering an institution assisting persons with a print disability unless the person who makes that record, or causes that record to be made, is satisfied, after reasonable investigation, that no new record that embodies only a sound recording of the work can be obtained within a reasonabl e time at an ordinary commercial price. 
 
 (4) Where a Braille version of a work has been separately published, subsection (2) does 
not apply to the making of a Braille version of the work, or of a part of the work, unless the person who makes that version, or causes that version to be made, for, or on behalf of, a body administering an in stitution assisting persons with a print  IP/N/1/AUS/C/3 
 Page 147 
 
 
  disability is satisfied, after reasonable inves tigation, that no new copy of a Braille 
version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price. 
  (5) Where a large-print version of a work has been separately published, subsection (2) 
does not apply to the making of a large-print version of the work, or of a part of the 
work, unless the person who makes the version, or causes the version to be made, for, or on behalf of, a body administering an institution assisting persons with a print 
disability is satisfied, after reasonable investig ation, that no new copy of a large-print 
version of the work, being a version that has been separately published, can be 
obtained within a reasonable time at an ordinary commercial price. 
  (6) Where a photographic version of a work h as been separately published, subsection (2) 
does not apply to the making of a photographic version of the work, or of a part of the 
work, unless the person who makes the version, or causes the version to be made, for, 
or on behalf of, a body administering an institution assisting persons with a print 
disability is satisfied, after reasonable i nvestigation, that no new copy of a 
photographic version of the work, being a version that has been separately published, can be obtained within a reasonable time at an ordinary commercial price. 
  (6A) Subsection (2) does not apply to the making or communication of an electronic 
version of the work, or of a part of the work, unless the person who makes or 
communicates the version, or causes the version to be made, or communicated, for, or on behalf of, a body administering an in stitution assisting persons with a print 
disability is satisfied, after reasonable investig ation, that an electronic version of the 
work, being a version that has been separate ly published, is not available within a 
reasonable time at an ordinary commercial price. 
  (7) For the purposes of this section, a record or a version shall be taken to be a new 
record or version if it is not second-hand. 
 
135ZQ  Making of relevant reproductions and rele vant communications by institutions assisting 
persons with a print disability 
 
 (1) Subject to this section, the copyright in a published literary or dramatic work is not 
infringed by the making by, or on behalf of, a body administering an institution assisting persons with a print disability, of a relevant reproduction or a relevant 
communication of the work, or of a part of the work, if the reproduction or 
communication is made solely for use in the making by, or on behalf of that body, of a reproduction or communication of the work, or of a part of the work, under section 135ZP for a person with a print disability. 
  (2) If: 
 
              (a) a relevant reproduction or a relevant communication of a work, or of a part of 
a work, is made by, or on behalf of , a body administering an institution 
assisting persons with a print disability; and 
              (b) the reproduction or communication is used otherwise than for use in the 
making by, or on behalf of that body, of a reproduction or communication of 
the work, or a part of the work, under section 135ZP for a person with a print disability; 
  subsection (1) does not apply, and is taken to never have applied,  to the making of the 
relevant reproduction or relevant communication. IP/N/1/AUS/C/3 
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 (3) Subsection (1) does not apply to the making of a relevant reproduction, being a record 
embodying a sound recording in analog form, of a work, or of a part of a work, unless, at the time the record was made, there was embodied on the record, immediately before the beginning of that sound recording, a sound recording of the 
prescribed message. 
  (4) Subsection (1) does not apply to the ma king of a relevant reproduction in hardcopy 
form of a work, or of a part of a work, unless the body by whom, or on whose behalf, the relevant reproduction is made marks it, or causes it to be marked, in accordance 
with the regulations. 
  (4A) Subsection (1) is to be taken never to  have applied to the making of a relevant 
reproduction or relevant communication of a work , or of a part of a work, if, within 3 
months after the relevant  reproduction or relevant communication was made, the 
body by whom, or on whose behalf, the relevant reproduc tion or relevant 
communication was made has not given to a collecting society (if any) a notice of the making of the relevant reproductio n or relevant communication. 
  (4B) The notice referred to in subsection (4A) must be in writing and must specify:  
  (a) the name of the body; and 
  (b) the work, or the part of the work, reproduced or communicated; and 
  (c) the date on which the repr oduction or communication was made. 
  (4C) The copyright in a published literary or  dramatic work is infringed by a person who 
does any of the acts specified in section 38 in  relation to a relevant reproduction of a 
work, or of a part of a work, if the pers on knows, or ought reasonably to have known, 
that the reproduction was made solely for use in the making by, or on behalf of, a body administering an institution assisting pe rsons with a print disability of a copy of 
the work, or of a part of the work, as  the case may be, for a person with a print 
disability. 
 
 (5) In this section: 
 
  relevant communication , in relation to a work or part of a work, means: 
 
  (a) the communication of a sound recording of the work, or part of the work; or 
  (b) the communication of an electronic version of the work. 
 
  relevant reproduction , in relation to a work or part of a work, means: 
   (a) a reproduction of the work, or part of the work; or 
  (b) a record embodying a sound recordin g of the work, or part of the work; or 
              (c) a Braille version, a large-print version, a photographic version or an 
electronic version of the work, or part of the work. 
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  Division 4—Reproduction and communication of works etc. by institutions assisting persons 
with an intellectual disability 
 135ZR  Copying of published editions by institutions assisting persons with an intellectual 
disability 
 
  The copyright in a published edition of a work (being a work in which copyright does 
not subsist) is not infringed by the making of one or more facsimile copies of the 
whole or a part of the edition in the cour se of making one or more reproductions of 
the whole or a part of the work by, or on behalf of, a body administering an institution 
assisting persons with an intellectual disability for use in the provision, whether by 
the institution or otherwise, of  assistance to such persons. 
 
135ZS  Copying and communication of eligible item s by institutions assisting persons with an 
intellectual disability 
 
 (1) The copyright in an eligible item, or in  any work or other subject-matter included in 
an eligible item, is not infringed by the making or communication by, or on behalf of, 
a body administering an institution assisting pe rsons with an intellectual disability of 
a copy of the whole or a part of the eligible item if: 
 
              (a) a remuneration notice, given by or on behalf of the body to the relevant 
collecting society, is in force; and 
              (b) the copying or communica tion is carried out solely for the purpose of use in 
the provision, whether by the institution or otherwise, of assistance to persons with an intellectual disability; and 
              (c) the body complies with subsection 135ZX(1) or (3) or section 135ZXA, as 
the case requires, in relation to the copy or communication. 
  (2) Subsection (1) does not apply to the making or communication of a copy of the whole 
or a part of: 
 
              (a) an eligible item, being a work that has been separ ately published in a form 
that would be suitable for use in the pr ovision of the assistance referred to in 
that subsection; or 
  (b) an eligible item that is not a work;              unless the person who makes the copy or communication, or causes the copy or 
communication to be made, is satisfied  after reasonable investigation that: 
              (c) in the case of an eligib le item referred to in pa ragraph (a)—no new copy of 
the eligible item in a form suitable fo r use in the provision of that assistance 
can be obtained or is available electronically within a reasonable time at an ordinary commercial price; or 
              (d) in the case of an eligib le item referred to in pa ragraph (b)—no new copy of 
the eligible item alone can be obtained or is available electronically within a 
reasonable time at an ordinary commercial price. 
  (3) For the purposes of this section, a copy shall be taken to be new if it is not 
second-hand. 
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  135ZT  Making of copies etc. for use in making  copies or communications for a person with an 
intellectual disability 
 
 (1) Subject to this section, the copyright in an eligible item or in a television broadcast is 
not infringed by the making by, or on behalf of, a body administering an institution 
assisting persons with an intellectual disability of a copy or communication of the 
whole or a part of the eligible item or broadcast, if the copy or communication is made solely for use in the making by, or on behalf of, that body of a copy or communication of the whole or the part of the eligible item or broadcast, as the case 
may be, for a person with an intellectual disability. 
 
 (2) Where:                (a) a copy or communication of the whole or a part of an eligible item or a 
television broadcast is made by, or on  behalf of, a body administering an 
institution assisting persons with an intellectual disability; and 
              (b) the copy or communication is used otherwise than in the making by, or on 
behalf of, that body of a copy or communication of the whole or the part of the eligible item or broadcast, as the case may be, for a person with an intellectual disability; 
  subsection (1) does not apply, and shall be taken never to have applied, to the making 
of the copy or communication. 
  (3) Subsection (1) does not apply to the making of a record embodying a sound recording 
in analog form of the whole or part of an eligible item unless, at the time the record 
was made, there was embodied on the reco rd, immediately before the beginning of 
that sound recording, a sound record ing of the prescribed message. 
  (4) Subsection (1) does not apply to the making of a copy, in hardcopy form or analog 
form, of the whole or part of an eligible  item or a television broadcast unless the body 
by whom, or on whose behalf, the copy is ma de, marks it, or causes it to be marked, 
in accordance with the regulations. 
 
Division 5—Equitable remuneration 
 135ZU  Remuneration notices 
  (1) An administering body may, by notice in writing given to the relevant collecting 
society, undertake to pay equitable remune ration to the society for licensed copies 
and licensed communications made by it, or on its behalf, being copies and 
communications made while the notice is in force. 
  (2) A remuneration notice shall specify whether the amount of equitable remuneration is 
to be assessed on the basis of a records sy stem, a sampling system or an electronic 
use system. 
  (2A) An administering body may give either a records notice or a sampling notice in 
respect of licensed copies made in hardcopy form or analog form, but may only give 
an electronic use notice in respect of licen sed copies made in electronic form, or in 
respect of licensed communications. 
  IP/N/1/AUS/C/3 
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   (3) A remuneration notice comes into for ce on the day on which it is given to the 
collecting society, or on such later day as is specified in the notice, and remains in 
force until it is revoked. 
 
135ZV  Records notices 
 
 (1) Where a records notice is given by, or on behalf of, an administering body, the 
amount of equitable remuneration payable to the relevant collecting society by the administering body for each licensed copy made by it, or on its behalf, while the notice is in force is such amount as is  determined by agreement between the 
administering body and that collecting soci ety or, failing such agreement, by the 
Copyright Tribunal on application made by either of them. 
  (1A) If a determination has been made by the Tribunal under subsection (1), either the 
administering body or the collecting society may, at any time after 12 months from 
the day on which the determination was made, apply to the Tribunal under that 
subsection for a new determination of the amount of equitable remuneration payable 
to the collecting society by the administeri ng body for each licensed copy made by or 
on behalf of that body. 
  (2) For the purposes of subsection (1), diffe rent amounts may be determined (whether by 
agreement or by the Copyright Tribunal)  in relation to different institutions 
administered by the administering body and different classes of students of an institution administered by it. 
 
135ZW  Sampling notices 
 
 (1) Where a sampling notice is given by, or on behalf of, an administering body, the 
amount of equitable remuneration payable to the relevant collecting society by the administering body for licensed copies made by it, or on its behalf, while the notice is in force is such annual amount as is determined by agreement between the 
administering body and that collecting soci ety or, failing such agreement, by the 
Copyright Tribunal on application made by either of them. 
  (1A) If a determination has been made by the Tribunal under subsection (1), either the 
administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that 
subsection for a new determination of the amount of equitable remuneration payable 
to the collecting society by the administering body for licensed copies made by or on behalf of that body. 
  (2) The annual amount referred to in subsec tion (1) shall be determined (whether by 
agreement or by the Copyright Tribunal) having regard to the number of licensed 
copies made by, or on behalf of, the administering body in a particular period and to 
such other matters (if any) as are relevant in the circumstances. 
  (3) The number of copies referred to in sub section (2), and any other matters that are 
necessary or convenient to be assessed by u se of a sampling system, shall be assessed 
by use of a sampling system determined by agreement between the administering 
body and the relevant collecting society or, failing such agreement, by the Copyright 
Tribunal on application made by either of them. 
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   (4) For the purposes of subsection (1), di fferent annual amounts may be determined 
(whether by agreement or by the Copyri ght Tribunal) in relation to different 
institutions administered by the administering body. 
  (5) Where: 
 
              (a) a sampling notice is given by, or on behalf of, an administering body to a 
collecting society; and 
              (b) during any period, the administering body does not comply with one or more 
of the requirements of the sampling system determined under this section in 
relation to that notice; 
  sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZP and 135ZS do not apply 
to any reproduction or copy of a work or other subject-matter made during that period 
by, or on behalf of, the administering body,  being a reproduction or copy to which the 
sampling notice applies. 
 
135ZWA  Electronic use notices 
 
 (1) If an electronic use notice is given by, or on behalf of, an administering body, the 
amount of equitable remuneration payable to the relevant collecting society by the administering body for licensed copies and licensed communications made by it, or 
on its behalf, while the notice is in force is  an amount (whether an amount per year or 
otherwise) determined by agreement be tween the administering body and the 
collecting society or, failing such ag reement, by the Copyright Tribunal on 
application made by either of them. 
 
 (2) The matters and processes constituting an electronic use system, and any matters that 
are necessary or convenient to be assessed  or taken into account for the purposes of 
the system, must be determined by agre ement between the administering body and 
the relevant collecting society or, failing su ch agreement, by the Copyright Tribunal 
on application made by either of them. 
 
 (2A) If: 
               (a) a work is reproduced by, or on behalf of, an administering body, or is taken 
under this subsection to have been so reproduced; and 
              (b) the reproduction is co mmunicated by, or on behalf of, the body by being 
made available online, or is taken unde r this subsection to have been so 
communicated; and 
              (c) the reproduction remain s so available online for longer than the prescribed 
period; 
              then, when that period ends:               (d) the work is taken to have been reproduced again by, or on behalf of, the 
body; and 
              (e) the reproduction men tioned in paragraph (a) is taken to have been 
communicated again by, or on behalf of, the body by making it available online for a further prescribed period. 
 
 (2B) An electronic use system (whether de termined by agreement or by the Copyright 
Tribunal) must require the assessment of an amount of equitable remuneration by a 
method or process that takes account of reproductions and communications to which 
paragraphs (2A)(d ) and (e) apply. 
  IP/N/1/AUS/C/3 
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   (2C) Subject to subsection (2B) but without limiting subsection (2), an electronic use 
system (whether determined by agreemen t or by the Copyright Tribunal) may be 
based upon a records system, a sampling system or any other process or system. 
  (2D) For the purposes of subsection (1), diffe rent amounts may be determined (whether by 
agreement or by the Copyright Tribunal)  in relation to different institutions 
administered by the administering body. 
  (3) If:  
              (a) an electronic use notice is given by, or on behalf of, an administering body to 
a collecting society; and 
              (b) during any period the administering body does not comply with one or more 
of the requirements of the electronic use system determined under this section in relation to the notice; 
  sections 135ZJ, 135ZK, 135ZL, 135ZMC, 135ZMD, 135ZP and 135ZS do not apply 
to any reproduction, copy or communication of a work or other subject-matter made 
during that period by, or on behalf of, the administering body, being a reproduction, copy or communication to which the electronic use notice applies. 
  (4) In this section:  
  prescribed period  means the period of 12 months, or if another is agreed between the 
relevant administering body and collecting society for the purposes of subsection (2A), that other period. 
 135ZX  Records notices and sampling notices:  marking and record-keeping requirements 
 
 (1) Where a records notice is given by, or on behalf of, an administering body to a 
collecting society in respect of licensed copies made in hardcopy form or analog form, the administering body shall: 
 
              (a) mark, or cause to be marked, in accordance with the regulations, each such 
licensed copy made by it, or on its behalf , while the notice is in force, or any 
container in which such a copy is kept; 
              (b) make, or cause to be made, a record of the making of each such licensed copy 
that is carried out by it, or on its behalf, while the notice is in force, being a 
record containing such particulars as are prescribed; 
              (c) retain that record fo r the prescribed retention period after the making of the 
copy to which it relates; and 
              (d) send copies of all such  records to the collecting society in accordance with 
the regulations. 
 
 (2) For the purposes of subsection (1), a record of the making of a licensed copy: 
   (a) may be kept in writing or in any other manner prescribed; and 
  (b) if it is kept in writing, shall be in accordance with the prescribed form. 
 
 (3) If a sampling notice is given by, or on behalf of, an administering body to a collecting 
society in respect of licensed copies made in hardcopy form or analog form, the 
administering body must mark, or cause to  be marked, in accordance with the 
regulations, each such licensed copy made by it, or on its behalf, while the notice is in 
force, or any container in which such a copy is kept. IP/N/1/AUS/C/3 
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 (4) Regulations made for the purposes of pa ragraph (1)(a) or (b) or subsection (3) may 
prescribe different marks or particulars, and impose different requirements, in relation to different kinds of licensed copies or di fferent kinds of works or eligible items. 
 135ZXA  Electronic use notices: notice requirements etc. 
 
  If an electronic use notice is given by, or on behalf of, an administering body to a 
collecting society, in respect of licensed copies made in electronic form or licensed 
communications, the administering body must: 
 
              (a) give a notice, in acco rdance with the regulations, in relation to each such 
copy or communication made by it, or on its behalf, while the electronic use 
notice is in force, containing: 
 
                           (i) statem ents to the effect that the copy or communication has been 
made under this Part and that any work or other subject-matter contained in the copy or communication might be subject to copyright protection under this Act; and 
   (ii) such other information or particulars (if any) as are prescribed; and  
              (b) in the case of each such communication made by it, or  on its behalf, while the 
electronic use notice is in force—take all reasonable steps to ensure that the communication can only be received or accessed by persons entitled to receive or access it (for example, teachers or persons receiving educational instruction or other assistance provide d by the relevant institution); and 
              (c) comply with such other requirements (if any) as are prescribed in relation to 
each such copy or communication made by it, or on its behalf, while the electronic use notice is in force. 
135ZY  Inspection of records etc. 
 
 (1) Where a remuneration notice is or has been in force, the relevant collecting society to 
which the notice was given may, in writing, notify the administering body which gave 
the notice that the society wishes, on a day sp ecified in the notice, being an ordinary 
working day of the institution specified in the notice not earlier than 7 days after the 
day on which the notice is given to do such of the following things as are specified in the notice: 
 
              (a) assess the amount of li censed copying or licensed communication carried out 
at the premises of the institution; 
              (b) inspect all the relevant records held at those premises that relate to the 
making of licensed copies or licensed communications; 
              (c) inspect such other reco rds held at those premises as are relevant to the 
assessment of the amount of equitable remuneration payable by the 
administering body to the society. 
  (2) Where a collecting society gives a noti ce, a person authorised in writing by the 
society may, during the ordinary working hours of the relevant institution on the day 
specified in the notice (but not before 10 a.m. or after 3 p.m.), carry out the 
assessment, or inspect the records, to whic h the notice relates and, for that purpose, 
may enter the premises of the institution. 
  IP/N/1/AUS/C/3 
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   (3) An administering body shall take all re asonable precautions, a nd exercise reasonable 
diligence, to ensure that a person referred  to in subsection (2) who attends at the 
premises of an institution administered by the body for the purpose of exercising the powers conferred by that subsection is provided with all reasonable and necessary 
facilities and assistance for the eff ective exercise of those powers. 
 
 (4) An administering body that contraven es subsection (3) is guilty of an offence 
punishable, on conviction, by a fine not exceeding $500. 
 
135ZZ  Revocation of remuneration notice 
 
  A remuneration notice may be revoked at any time by the relevant administering 
body by notice in writing given to the relevant collecting society and the revocation takes effect at the end of 3 months after the date of the notice or on such later day as is specified in the notice. 
 
135ZZA  Request for payment of equitable remuneration 
 
 (1) Subject to this section, where a remune ration notice is or has been in force, the 
relevant collecting society may, by notice in writing given to the administering body which gave the notice, request the body to pa y to the society, within a reasonable time 
after the date of the notice, the amount of  equitable remuneration specified in the 
notice, being an amount payable under section 135ZV, 135ZW or 135ZWA, as the 
case may be, for licensed copies or licensed communications made by, or on behalf of, the body while the remuneration notice is or was in force. 
 
 (3) If an amount specified in a request is not paid in accordance with the request, it may 
be recovered from the relevant administeri ng body by the relevant collecting society 
in the Federal Court of Australia or in an y other court of competent jurisdiction as a 
debt due to the society. 
  (4) Jurisdiction is conferred on the Federal Court of Australia with respect to actions 
under subsection (3). 
 
Division 6—Collecting societies 
 135ZZB  Collecting societies 
 
 (1) Subject to this section, the Atto rney-General may, by notice in the Gazette , declare 
the body named in the notice to be the coll ecting society for all relevant copyright 
owners or for such classes of relevant copy right owners as are specified in the notice. 
  (2) Where the Attorney-General declares a body to be the collecting society for a 
specified class of copyright owners and sub sequently declares another body to be the 
collecting society for that class of copyright owners: 
               (a) the first-mentioned co llecting society ceases to be the collecting society for 
that class of copyright owners on the day on which the subsequent 
declaration is made; and 
              (b) any remuneration notice given to that collecting society ceases to be in force 
to the extent to which it relates to  licensed copies of works or other 
subject-matter the copyright owners of which are included in that class of copyright owners. IP/N/1/AUS/C/3 
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 (3) The Attorney-General shall not declare the body to be the collecting society unless: 
               (a) it is a company limited by guarantee and incorporated under a law in force in 
a State or Territory relating to companies; 
              (b) all persons who are includ ed in a class of relevant copyright owners to be 
specified in the declaration, or th eir agents, are entitled to become its 
members; 
  (c) its rules prohibit the payment of dividends to its members; and               (d) its rules contain such other provisions as are prescribed, being provisions 
necessary to ensure that the interests of members of the collecting society 
who are relevant copyright owners or their agents are protected adequately, 
including, in particular, provisions about: 
                            (i) the collection of amounts of equitable remuneration payable by 
administering bodies under section 135ZV, 135ZW or 135ZWA; 
                           (ii) the pa yment of the administrative costs of the collecting society out 
of amounts collected by it; 
   (iii) the distribution of amounts collected by the collecting society;                            (iv) the holding on trust by the collecting society of amounts for relevant 
copyright owners who are not its members; and 
   (v) access to records of the collecting society by its members. 
  (4) Where the Attorney-Gener al has declared a body to be  the collecting society for a 
specified class of copyright owners, the Attorney-General may refuse to declare 
another body to be the collecting society for that class of copyright owners unless 
satisfied that to do so would be in the interests of those copyright owners, having 
regard to the number of members of the first-mentioned society, the scope of its activities and such other considerations as are relevant. 
 
135ZZC  Revocation of declaration 
   The Attorney-General may, by notice in the Gazette , revoke the declaration of a body 
as a collecting society if satisfied that the body: 
   (a) is not functioning adeq uately as a collecting society; 
              (b) is not acting in accordance w ith its rules or in the best interests of those of its 
members who are relevant copyright owners, or their agents; 
              (c) has altered its rules so that they no longer comply with paragraphs 
135ZZB(3)(c) and (d); or 
               (d) has refused or faile d, without reasonable excuse, to comply with section 
135ZZD or 135ZZE. 
 135ZZD  Annual report and accounts 
 
 (1) A collecting society shall, as soon as prac ticable after the end of each financial year, 
prepare a report of its operations during that  financial year and send a copy of the 
report to the Attorney-General. 
 
 (2) The Attorney-General shall cause a copy of the report sent to the Attorney-General 
under subsection (1) to be laid before each  House of the Parliament within 15 sitting 
days of that House after the receipt of the report by the Attorney-General. 
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   (3) A collecting society shall keep accounting records correctly recording and explaining 
the transactions of the society (including an y transactions as trustee) and the financial 
position of the society. 
  (4) The accounting records shall be kept in such a manner as will enable true and fair 
accounts of the society to be prepared from time to time and those accounts to be 
conveniently and properly audited. 
  (5) A collecting society shall, as soon as prac ticable after the end of each financial year, 
cause its accounts to be audited by an audito r who is not a member of the society, and 
shall send to the Attorney-General a copy of its accounts as so audited. 
  (6) A collecting society shall give its members reasonable access to copies of all reports 
and audited accounts prepared by it under this section. 
 
 (7) This section does not affect any obligations of a collecting society relating to the 
preparation and lodging of annual returns or accounts under the law under which it is 
incorporated. 
 
135ZZE  Amendment of rules 
   A collecting society shall, within 21 days after it alters its rules, send a copy of the 
rules as so altered to the Attorney-General , together with a statement setting out the 
effect of the alteration and the reasons why it was made. 
 
Division 7—Miscellaneous 
 
135ZZF  Rights of copyright owners  
 (1) Nothing in this Part affects the right of the owner of the copyrigh t in a work to grant a 
licence authorising the body administering an educational institution to make, or cause to be made, a copy or communication of the whole or a part of the work 
without infringement of that copyright. 
  (2) Nothing in this Part affects the right of the owner of the copyrigh t in a work to grant a 
licence authorising the body administering an  institution assisting persons with a print 
disability to do any of the following without infringement of that copyright: 
 
              (a) make, or cause to be made, a sound recording of, or a Braille, large-print, 
photographic or electronic version of, the whole or a part of the work; 
  (b) communicate, or cause to be communicated, the whole or a part of the work.   (3) Nothing in this Part affects the right of the owner of the copyright in an eligible item 
to grant a licence authorising the body ad ministering an institution assisting persons 
with an intellectual disability to make, or  cause to be made, a copy or communication 
of the whole or a part of the eligible item without infringement of that copyright. 
 
135ZZG  Copyright not to vest in copier 
 
  Despite any other provision of this Act, copyright does not vest in the maker of a 
copy or communication of the whole or part of a work for a person with a print disability, or of a copy or communication of the whole or part of an eligible item for a IP/N/1/AUS/C/3 
Page 158  
 
  person with an intellectual disability, merely  because of the making of the copy or 
communication. 
 
135ZZH  Unauthorised use of copies 
  (1) Where a copy, record or version of a work, a sound recording or a cinematograph 
film, being a copy, record or version referred to in a prescribed provision of this Part: 
   (a) is sold or otherwise supplied for a financial profit;               (b) is used for a purpo se other than the purpose sp ecified in the prescribed 
provision; or 
              (c) is given to an administering body when there is not in force a remuneration 
notice given by that body to the relevant collecting society; 
  with the consent of the administering bod y by whom, or on whose behalf, it is made 
or communicated, the prescribed provision does not apply, and is ta ken never to have 
applied, to the making or communication of the copy, record or version. 
  (2) For the purposes of this section, subsection 135ZG(1), subsection 135ZJ(1), 
section 135ZK and subsections 135ZL(1), 135ZMB(1), 135ZMC(1), 135ZMD(1), 
135ZP(1) and (2) and 135ZS(1) are prescribed provisions. 
 Part VC—Retransmission of free-to-air broadcasts  Division 1—Preliminary  135ZZI  Definitions 
   In this Part: 
 
  collecting society  means a body that is, for the time be ing, declared to be a collecting 
society under section 135ZZT. 
 
  delayed retransmission , in relation to a free-to-air broadcast, means a retransmission 
of the broadcast in an area that has, wholly  or partly, different local time to the area of 
the original transmission and that is dela yed until no later than the equivalent local 
time. 
 
  free-to-air broadcast  means a broadcast delivered by  a national broadcasting service, 
commercial broadcasting service or community broadcasting service within the meaning of the Broadcasting Services Act 1992 . 
 
  notice holder  means the person who is, for the time being, appointed to be the notice 
holder under section 135ZZX. 
 
  relevant collecting society , in relation to a remuneration notice, means a collecting 
society for owners of copyright in the same  kind of work or other subject-matter as 
that to which the remuneration notice relates. 
 
  relevant copyright owner  means the owner of the copyright in a work, a sound 
recording or a cinematograph film. 
 
  remuneration notice  means a notice referred to in section 135ZZL. 
  IP/N/1/AUS/C/3 
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    retransmitter  means a person who makes a retransmission of a free-to-air broadcast. 
 
  r u l e s , in relation to a collecting society, means the provisions of the memorandum 
and articles of association of the society. 
 135ZZJ  Operation of collecting society rules 
 
  This Part applies to a collecting society d espite anything in the rules of the society, 
but nothing in this Part affects those rules so far as they can operate together with this 
Part. 
 
135ZZJA  Application of Part 
 
  This Part does not apply in relation to a retransmission of a free-to-air broadcast if the 
retransmission takes place over the Internet. 
 
Division 2—Retransmission of free-to-air broadcasts 
 135ZZK  Retransmission of free-to-air broadcasts 
 
 (1) The copyright in a work, sound recording or cinematograph film included in a 
free-to-air broadcast is not infringed by the retransmission of the broadcast if: 
               (a) a remuneration notice gi ven by, or on behalf of, the retransmitter to the 
relevant collecting society is in force; and 
              (b) the free-to-air broa dcast was made by a broadcaster specified in the 
remuneration notice; and 
  (c) the retransmitter complies with section 135ZZN.   (2) The copyright in a work, sound recording or cinematograph film included in a 
free-to-air broadcast is not infringed by the making of a copy of the broadcast for the sole purpose of enabling a delayed retransmission of the broadcast to be made. 
 
 (3) Subsection (2) does not apply if the retransmission of the broadcast would infringe 
the copyright in the broadcast. 
  (4) If a copy of a broadcast made for the purpose referred to in subsection (2) is not 
destroyed within 7 days after it is made, subsection (2) does not apply, and is taken 
never to have applied, in relation to the making of the copy. 
  (5) In this section, a reference to the making of a copy of a free-to-air broadcast is a 
reference to making a cinematograph film or  sound recording of the broadcast, or a 
copy of such a film or sound recording. 
 
135ZZL  Remuneration notices 
 
 (1) A retransmitter may, by notice in writing given to the relevant collecting society by, 
or on behalf of, the retransmitter, undertak e to pay equitable remuneration to the 
society for retransmissions of free-to-air broadcasts by specified broadcasters, being 
retransmissions made by, or on behalf of , the retransmitter while the notice is in 
force. 
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   (2) A remuneration notice must specify that the amount of equitable remuneration is to 
be assessed on the basis of the records to be kept by the retransmitter under 
section 135ZZN. 
  (3) A remuneration notice comes into for ce on the day on which it is given to the 
collecting society, or on such earlier day as is specified in the notice, and remains in 
force until it is revoked. 
 
135ZZM  Amount of equitable remuneration 
  (1) If a retransmitter gives a remuneration notice to a collecting society, the amount of 
equitable remuneration payable to the coll ecting society for each retransmission made 
by, or on behalf of, the retransmitter wh ile the notice is in force is the amount 
determined by agreement between the re transmitter and the collecting society or, 
failing such agreement, by the Copyright Tribunal on application made by either of 
them. 
  (2) If a determination has been made by the Copyright Tribunal under subsection (1), 
either the retransmitter or the collecting society may, at any time after 12 months from the day on which the determination w as made, apply to the Tribunal under that 
subsection for a new determination payable to the collecting society by the 
retransmitter for retransmissions made by,  or on behalf of, the retransmitter. 
  (3) For the purposes of subsection (1), diffe rent amounts may be determined (whether by 
agreement or by the Copyright Tribunal) in  relation to different classes of works, 
sound recordings or cinematograph f ilms included in retransmissions. 
 
135ZZN  Record system 
 
 (1) If a remuneration notice is given to a collecting society by, or on behalf of, a 
retransmitter, the retransmitter must establish and maintain a record system. 
 
 (2) The record system must provide for a r ecord to be kept of the title of each program 
included in each retransmission made by, or  on behalf of, the retransmitter of each 
broadcast made by each broadcaster specified in the remuneration notice. 
  (3) Subject to subsection (2), the record system must be determined by agreement 
between the retransmitter and the collecting so ciety or, failing such agreement, by the 
Copyright Tribunal on application made by either of them. 
 
135ZZP  Inspection of records etc. 
 
 (1) If a remuneration notice is or has been in force, the collecting society to which it was 
given may, in writing, notify the relevant retransmitter that the society wishes, on a 
day specified in the notice, being an ordinary working day of the retransmitter specified in the notice, not earlier than 7 days after the day on which the notice is 
given, to do such of the following things as are specified in the notice: 
 
              (a) assess the number of retransmissions carried out at the premises of the 
retransmitter; 
              (b) inspect all the relevant records held at those premises that relate to the 
making of retransmissions in reliance on section 135ZZK;  IP/N/1/AUS/C/3 
 Page 161 
 
 
                (c) inspect such other reco rds held at those premises as are relevant to the 
assessment of the amount of equitable remuneration payable by the retransmitter to the society. 
  (2) Subject to section 135ZZQ, if a collecti ng society gives a notice, a person authorised 
in writing by the society may, during the ordinary working hours of the retransmitter 
on the day specified in the notice (but not before 10 am or after 3 pm), carry out the assessment, or inspect the records, to whic h the notice relates and, for that purpose, 
may enter the premises of the retransmitter. 
 
 (3) A retransmitter must take all reasonable precautions, and exercise reasonable 
diligence, to ensure that a person referre d to in subsection (2) who attends the 
premises of the retransmitter for the purpose of exercising the powers conferred by that subsection is provided with all reas onable and necessary facilities and assistance 
for the effective exercise of those powers. 
 
 (4) A retransmitter who contravenes subsecti on (3) is guilty of an offence punishable, on 
conviction, by a fine not exceeding 10 penalty units. 
 
 
                Note: A corporation may be  fined up to 5 times the amount of the maximum fine. See 
subsection 4B(3) of the Crimes Act 1914 . 
 
135ZZQ  Identity cards 
 
 (1) The chief executive officer (however descr ibed) of a collecting society must issue an 
identity card in the prescribed form to each person authorised by the society for the 
purposes of subsection 135ZZP(2). The identity card must contain a recent photograph of the authorised person. 
 
 (2) If an authorised person who attends or enters premises for the purpose of exercising 
powers conferred by subsection 135ZZP(2) fails to produce his or her identity card when asked to do so by a person apparently in charge of the premises, the authorised 
person must not enter or remain on the pr emises or exercise any other powers under 
subsection 135ZZP(2) at the premises. 
 
 (3) A person is guilty of an offence punishable on conviction by a fine not exceeding 1 
penalty unit if: 
   (a) the person has been issued with an identity card; and 
  (b) the person stops being an authorised person; and 
              (c) the person does not, immediately after he or she stops being an authorised 
person, return the identity card to the relevant collecting society. 
  (4) An authorised person must carry his or her identity card at all times when exercising 
powers under subsection 135ZZP(2). 
 
135ZZR  Revocation of remuneration notice 
 
  A remuneration notice may be revoked at any time by the relevant retransmitter by 
notice in writing given to the collecting society to which the remuneration notice was 
given, and the revocation takes effect at th e end of 3 months after the date of the 
notice, or on such later day as is specified in it. 
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  135ZZS  Request for payment of equitable remuneration 
 
 (1) Subject to this section, where a remune ration notice is or has been in force, the 
collecting society to which the notice was given may, by notice in writing given to the relevant retransmitter, request the retransmitter to pay to the society, within a 
reasonable time after the date of the no tice, the amount of equitable remuneration 
specified in the notice, being an amount payable under section 135ZZM for retransmissions made by, or on behalf of , the retransmitter while the remuneration 
notice is or was in force. 
 
 (2) If an amount specified in a request under s ubsection (1) is not paid in accordance with 
the request, it may be recovered from the re transmitter by the collecting society in the 
Federal Court of Australia or any other court of competent jurisdiction as a debt due to the society. 
 Division 3—Collecting societies  135ZZT  Collecting societies 
 
 (1) Subject to this section, the Atto rney-General may, by notice in the Gazette , declare 
the body named in the notice to be the coll ecting society for all relevant copyright 
owners, or for such classes of relevant copy right owners as are specified in the notice. 
  (2) Where the Attorney-General declares a body to be the collecting society for a 
specified class of copyright owners and sub sequently declares another body to be the 
collecting society for that class of copyright owners: 
 
              (a) the first-mentioned co llecting society ceases to be the collecting society for 
that class of copyright owners on the day on which the subsequent declaration is made; and 
              (b) any remuneration notice given to that collecting society ceases to be in force 
to the extent to which it relates to rele vant copyright owners included in that 
class of copyright owners. 
  (3) The Attorney-General must not declar e a body to be a collecting society unless: 
               (a) it is a company limited by guarantee and incorporated under a law in force in 
a State or Territory relating to companies; and 
              (b) all persons who are includ ed in a class of relevant copyright owners to be 
specified in the declaration, or th eir agents, are entitled to become its 
members; and 
  (c) its rules prohibit the payment of dividends to its members; and               (d) its rules contain such other provisions as are prescribed, being provisions 
necessary to ensure that the interests of members of the collecting society 
who are relevant copyright owners, or their agents, are protected adequately, 
including, in particular, provisions about: 
                           (i) the collection of amounts of equitable remuneration payable under 
section 135ZZM; and 
                           (ii) the pa yment of the administrative costs of the collecting society out 
of amounts collected by it; and 
   (iii) the distribution of amounts collected by the collecting society; and                            (iv) the holding on trust by the collecting society of amounts for relevant 
copyright owners who are not its members; and  IP/N/1/AUS/C/3 
 Page 163 
 
 
     (v) access to records of the collecting society by its members. 
  (4) If the Attorney-General has declared a body to be the collecting society for a 
specified class of copyright owners, the Attorney-General may refuse to declare 
another body to be the collecting society for that class of copyright owners unless 
satisfied that to do so would be in the interests of those copyright owners, having 
regard to the number of members of the first-mentioned society, the scope of its activities and such other considerations as are relevant. 
 
135ZZU  Revocation of declaration 
 
  The Attorney-General may, by notice in the Gazette , revoke the declaration of a body 
as a collecting society if satisfied that the body: 
   (a) is not functioning adequa tely as a collecting society; or 
              (b) is not acting in accordance w ith its rules or in the best interests of those of its 
members who are relevant copyright owners, or their agents; or 
              (c) has altered its rules so that they no longer comply with paragraphs 
135ZZT(3)(c) and (d); or 
              (d) has refused or failed,  without reasonable excuse, to comply with section 
135ZZV or 135ZZW. 
 
135ZZV  Annual report and accounts 
 
 (1) A collecting society must, as soon as practi cable after the end of each financial year, 
prepare a report of its operations during that  financial year and send a copy of the 
report to the Attorney-General. 
  (2) The Attorney-General must cause a copy of the report sent to the Attorney-General 
under subsection (1) to be laid before each  House of the Parliament within 15 sitting 
days of that House after the receipt of the report by the Attorney-General. 
 
 (3) A collecting society must keep accounting records correctly recording and explaining 
the transactions of the society (including an y transactions as trustee) and the financial 
position of the society. 
  (4) The accounting records must be kept in such a manner as will enable true and fair 
accounts of the society to be prepared from time to time and those accounts to be 
conveniently and properly audited. 
  (5) A collecting society must, as soon as practi cable after the end of each financial year, 
cause its accounts to be audited by an audito r who is not a member of the society, and 
must send to the Attorney-General a copy of its accounts as so audited. 
 
 (6) A collecting society must give its members reasonable access to copies of all reports 
and audited accounts prepared by it under this section. 
  (7) This section does not affect any obligations of a collecting society relating to the 
preparation and lodging of annual returns or accounts under the law under which it is 
incorporated. 
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  135ZZW  Amendment of rules 
 
  A collecting society must, within 21 days after it alters its rules, send a copy of the 
rules as so altered to the Attorney-General , together with a statement setting out the 
effect of the alteration and the reasons why it was made. 
 
Division 4—Interim retransmissions 
 135ZZX  Appointment of notice holder 
   The Attorney-General may, by notice in the Gazette , appoint a person to be the notice 
holder for the purposes of this Division. 
 
135ZZY  Retransmitting before declaration of collecting society 
   The copyright in any work, sound recording or cinematograph film included in a 
retransmission of a free-to-air broadcast is not infringed by the making of the retransmission if: 
               (a) at the time the retransmission is made, a collecting society has not been 
declared; and 
              (b) a notice given by the retransmitter by whom, or on whose behalf, the 
retransmission was made to the notice holder under subsection 135ZZZ(1) is in force; and 
  (c) the retransmitter complies with section 135ZZN.  135ZZZ  Notices by retransmitters 
 
 (1) A retransmitter may at any time before the declaration of the first collecting society, 
by notice in writing given to the notice holder by, or on behalf of, the retransmitter, undertake to pay equitable remuneration to a collecting society, when it is declared, 
for retransmissions made by, or on behalf of, the retransmitter while the notice is in 
force. 
  (2) A notice must specify that the amount of  equitable remuneration is to be assessed on 
the basis of the records to be kept by the retransmitter under section 135ZZN. 
 
 (3) A notice comes into force on the day on which it is given to the notice holder, or on 
such later day as is specified in the notice,  and remains in force until it is revoked. 
  (4) A notice may be revoked at any time by th e retransmitter by notice in writing given to 
the notice holder, and the revocation tak es effect on the date of the notice of 
revocation or on such later date as is specified in it. 
 
135ZZZA  Record keeping requirements 
 
  If a retransmitter gives a notice to the notice holder under section 135ZZZ, 
sections 135ZZM and 135ZZN apply as if: 
  (a) references to a collecting society were references to the notice holder; and 
              (b) references to a remuneration notice were references to a notice under 
section 135ZZZ. 
  IP/N/1/AUS/C/3 
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  135ZZZB  Effect of declaration of collecting society 
 
 (1) If:                (a) as a result of the declaration of one or more collecting societies, there is a 
society for all relevant copyright owners; and 
              (b) a notice under section 135ZZZ was in force immediately before the day on 
which the declaration came into force; 
  then, on and after that day, the notice ceases to have effect as such a notice, but is 
taken, for the purposes of this Part, to be a remuneration notice that: 
              (c) was given by the relevant retransmitter to the collecting society, or to each of 
the collecting societies, as the case may be; and 
  (d) came into force on the same day as the notice came into force. 
  (2) If: 
 
              (a) one or more collecting societies are declared for one or more, but not for all, 
classes of relevant copyright owners; and 
              (b) a notice was in force immediately before the day on which the declaration 
came into force; 
  then, on and after that day: 
              (c) the notice ceases to have  effect as such a notice in relation to the relevant 
copyright owners in the class or classes of copyright owners for whom a collecting society is declared, but is take n, for the purposes of this Part, to be 
a remuneration notice that: 
 
                           (i) was given by the relevant retransmitter to the collecting society or to 
each of the collecting societies, as the case may be; and 
   (ii) came into force on the same day as the notice came into force; and 
               (d) the notice continues to have effect as such a notice in relation to all other 
relevant copyright owners. 
 
 (3) When a notice is, under this section, take n to be a remuneration notice, the relevant 
retransmitter must cause copies of all records made under section 135ZZN on or after the day on which the notice is taken to have come into force to be sent to the relevant 
collecting society within 21 days after th e declaration of the collecting society. 
 
Division 5—Miscellaneous 
 135ZZZC  Relevant copyright owner may authorise retransmitting 
 
  Nothing in this Part affects the right of  the owner of the copyright in a work, sound 
recording or cinematograph film included in a free-to-air broadcast to grant a licence 
authorising a retransmitter to make, or cause to be made, a retransmission of the free-to-air broadcast without infringing that copyright. 
 
135ZZZD  Copyright not to vest under this Part 
 
  Despite any other provision of this Act, the retransmission of a free-to-air broadcast 
by, or on behalf of, a retransmitter that is not an infringement of copyright under this 
Part, does not vest copyright in any work or other subject-matter in any person. 
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  135ZZZE  Licence to retransmit does not authorise copyright infringements 
 
  The owner of the copyright in a free-to-air broadcast is not taken, for the purpose of 
this Act, to have authorised the infringement of copyright in any work, sound recording or cinematograph film included in the broadcast merely because the owner 
licences the retransmission of the broadcast. 
 
Part VI—The Copyright Tribunal 
 Division 1—Preliminary 
 
136  Interpretation 
 
 (1) In this Part, unless the contrary intention appears: 
 
  Deputy President  means a Deputy President of the Tribunal. 
 
  Judge  means: 
   (a) a Judge of a federal court or of th e Supreme Court of a State or Territory; or 
              (b) a person who has the same designation and status as a Judge of a federal 
court. 
 
  licence  means a licence granted by or on behalf  of the owner or prospective owner of 
the copyright in a literary, dramatic or musical work, or of the copyright in a sound recording, being: 
 
              (a) in the case of a literary , dramatic or musical work—a licence to perform the 
work or an adaptation of the work in  public, to broadcast the work or an 
adaptation of the work, to make a sound recording or cinematograph film of the work or an adaptation of the wo rk for the purposes of broadcasting the 
work or adaptation, or to electronically  transmit the work or an adaptation of 
the work (other than in a broadcast) fo r a fee payable to the person who made 
the transmission; or 
              (b) in the case of a sound r ecording—a licence to cause th e recording to be heard 
in public, to make a copy of the sound recording for the purposes of broadcasting the recording, or to br oadcast the recording in a broadcast 
transmitted for a fee payable to the person who made the broadcast. 
 
  licence scheme  means a scheme (including anything in the nature of a scheme, 
whether called a scheme or tariff or called by any other name) formulated by a licensor or licensors and setting out the class es of cases in which the licensor or each 
of the licensors is willing, or the persons on whose behalf the licensor or each of the 
licensors acts are willing, to grant licences a nd the charges (if any) subject to payment 
of which, and the conditions subject to which, licences would be granted in those 
classes of cases. 
 
  licensor  means: 
 
              (a) in relation to licences in  respect of a literary, dramatic or musical work—the 
owner or prospective owner of the copyright in the work or any body of persons (whether corporate or unincorpo rate) acting as agent for the owner or  IP/N/1/AUS/C/3 
 Page 167 
 
 
  prospective owner in relation to the ne gotiation or granting of such licences; 
and 
              (b) in relation to licences in respect of a sound recording—the owner or 
prospective owner of the copyright in the recording or any body of persons 
(whether corporate or unincorporate) acting as agent for the owner or 
prospective owner in relation to the ne gotiation or granting of such licences. 
 
  member  means a member of the Tribunal, a nd includes the President and a Deputy 
President. 
 
  order  includes an interim order. 
 
  organization  means an organization or associati on of persons whether corporate or 
unincorporate. 
 
  the President  means the President of the Tribunal. 
  (2) In this Part:                (a) a reference to cond itions is a reference to any conditions other than 
conditions relating to the payment of a charge; 
              (b) a reference to giving an opportunity to a person or organization of presenting 
a case is a reference to giving the pers on or organization an opportunity, at 
the option of the person or organizati on, of submitting representations in 
writing, or of being heard, or of submitting representations in writing and being heard; 
              (c) a reference to a person who requires a licence of a particular kind includes a 
reference to a person who holds a licence of that kind if the person will, at the expiration of the period for which the licence was granted, require a renewal 
of that licence or a grant of a further licence of the same kind; and 
              (d) a reference to proceedi ngs for infringement of copyright includes a reference 
to proceedings brought in respect of an  alleged contravention of subsection 
132(5) or (5AA). 
  (3) For the purposes of this Part, a person shall not be taken not to require a licence to 
cause a sound recording to be heard in public by reason only of the operation of section 108. 
 
137   Cases to which licence schemes apply 
 
 (1) For the purposes of this Part, a case shal l, subject to the next succeeding subsection, 
be deemed to be a case to which a licen ce scheme applies if, in accordance with a 
licence scheme for the time being in operati on, a licence would be granted in that 
case. 
  (2) For the purposes of this Part, wher e, in accordance with a licence scheme: 
               (a) the licences that would be granted would be subject to conditions by virtue of 
which particular matters would be excepted from the licences; and 
  (b) a case relates to one or more matters falling within such an exception;   that case shall be deemed not to be a case to which the scheme applies. IP/N/1/AUS/C/3 
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  Division 2—Constitution of the Tribunal 
 138  Constitution of Tribunal 
 
  The Copyright Tribunal established by the section for which this section was 
substituted by section 138 of the Statute Law (Miscellaneous Amendments) Act 
(No. 1) 1982 continues in existence but shall cons ist of a President, and such number 
of Deputy Presidents and other members as are appointed in accordance with this Division. 
 139  Appointment of members of Tribunal 
 
  A member of the Tribunal shall be appointed by the Governor-General.  
140  Qualifications of members 
 
 (1) A person shall not be appointed as the Pr esident unless he or she is a Judge of the 
Federal Court of Australia. 
  (1A) A person is not to be appointed as a Deputy President unless he or she is, or has been, 
a Judge of a federal court or of the Supreme Court of a State or Territory. 
 
 (2) A person shall not be appointed as a memb er (other than the President or a Deputy 
President) unless: 
   (a) he or she is or has been a Judge; 
              (b) he or she is enrolle d as a legal practitioner of the High Court, of another 
federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years; 
              (c) he or she has had experience, for not less than 5 years, at a high level in 
industry, commerce, business, public administration, education or the practice of a profession; 
              (d) he or she has obtained a degree of a university, or an educational 
qualification of a similar standing, afte r studies in the field of law, economics 
or public administration; or 
              (e) he or she has, in the opinion of the Governor-General, special knowledge or 
skill relevant to the duties of a member. 
 
141  Tenure of office 
 
 (1) Subject to this section, a member holds office for such period, not exceeding 7 years, 
as is specified in the instrument of his or her appointment, but is eligible for re-appointment. 
 
 (2) Where a member who is a Judge ceases to be a Judge, he or she ceases to hold office 
as a member, but he or she is eligible for appointment as a member (other than the President). 
 
 (3) The Governor-General may terminate th e appointment of a member (other than a 
member who is a Judge) for physical or mental incapacity. 
  (4) The Governor-General shall terminate th e appointment of a member (other than a 
member who is a Judge) if:  IP/N/1/AUS/C/3 
 Page 169 
 
 
   
  (a) the member is guilty of misbehaviour; or               (b) the member becomes bank rupt, applies to take the benefit of any law for the 
relief of bankrupt or insolvent debtors, compounds with his or her creditors or 
makes an assignment of his or her remuneration for their benefit. 
 
141A  Seniority of Deputy Presidents 
 
 (1) The Deputy Presidents have seniority as  Deputy Presidents according to the dates of 
their first appointment to the Tribunal, or, if 2 or more Deputy Presidents were 
appointed on the same day, according to the precedence assigned to them in their 
instruments of appointment. 
  (2) At any time when only one person is  holding office as a Deputy President, any 
reference in this Part to ‘the senior Deputy President’ is to be ta ken to be a reference 
to the Deputy President. 
 
142  Acting President 
 
  The Governor-General may appoint the sen ior Deputy President available to act in 
the office of President: 
  (a) during a vacancy in that office; or 
              (b) during any period when the person holding that office is absent from duty or 
from Australia or is, for any other reason, unable to perform the functions of that office. 
 143  Remuneration and allowances 
 
 (1) Subject to this section, a member shall be  paid such remuneration as is determined by 
the Remuneration Tribunal but, if no determ ination of that remuneration by the 
Tribunal is in operation, the member shall be paid such remuneration as is prescribed. 
 
 (2) A member shall be paid such allowances as are prescribed. 
  (3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973 . 
  (4) A member who is a Judge is not, while he  or she receives salary or annual allowance 
as a Judge, entitled to remune ration under this Act. 
 
144  Oath or affirmation of office 
 
 (1) A member shall, before proceeding to disch arge the duties of his or her office, take an 
oath or make an affirmation in accordance with  the form of oath or affirmation in the 
Schedule to this Act. 
  (2) An oath or affirmation shall be taken or  made before a justice or judge of a federal 
court or of the Supreme Court of a State. 
 144A  Disclosure of interests by members 
 
 (1) Where a member is, or is to be, the Tribunal, or a member of the Tribunal, as 
constituted for the purposes of a proceeding and the member has or acquires any IP/N/1/AUS/C/3 
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  interest, pecuniary or otherwise, that c ould conflict with the proper performance of 
his or her functions in relation to that proceeding: 
   (a) he or she shall disclose the inter est to the parties to the proceeding; and 
              (b) except with the consent of all the parties to the proceeding, he or she shall not 
take part in the proceeding. 
  (2) Where the President becomes aware that a member is, or is to be, the Tribunal, or a 
member of the Tribunal, as constituted fo r the purposes of a proceeding and that the 
member has, in relation to that proceedi ng, such an interest as is mentioned under 
subsection (1): 
               (a) if the President consider s that the member should not take part, or should not 
continue to take part, in the proceedin g—he or she shall give a direction to 
the member accordingly; or 
              (b) in any other case—he or  she shall cause the interest of the member to be 
disclosed to the parties to the proceeding. 
  (3) In this section:                (a) a reference to a proceed ing shall be read as a reference to a proceeding by 
way of an inquiry by, or an application or reference to, the Tribunal under 
this Act; and 
              (b) a reference to a party to a proceeding, being an inquiry conducted by the 
Tribunal in pursuance of section 148, sha ll be read as a reference to a person 
or organization recognized by the Tribunal as a party to the inquiry. 
 
144B  Removal from office for failure to disclose interest 
 
  Where the Governor-General is satisfied th at a member (other than a member who is 
a Judge) has failed, without reasonable excuse, to make a disclosure that he or she is, 
under subsection 144A(1), requi red to make, the Governor-General shall remove that 
member from office. 
 
145  Resignation 
 
  A member may resign the office of member by giving a signed notice of resignation 
to the Governor-General. 
 
146  Sittings of the Tribunal 
 
 (1) Sittings of the Tribunal shall be held at such places and times as the President 
determines. 
 
 (2) Subject to the next succeeding subsec tion, the Tribunal shall be constituted by a 
single member. 
  (3) If a party to an application or refere nce requests that the Tribunal be constituted by 
more than one member for the purposes of the application or reference, the Tribunal 
must, for the purposes of the application or  reference, be constituted by not less 
than 2 members of whom one must be the President or a Deputy President. 
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   (3A) Nothing in subsection (3) prevents a si ngle member from exercising the powers of the 
Tribunal in relation to matters of procedure. 
  (4) At a proceeding before the Tribunal constituted by more than one member:  
              (a) if the President is one of the members constituting the Tribunal—he or she 
shall preside; and 
  (b) in any other case—the senior Deputy President who is present is to preside. 
  (5) Where the Tribunal constituted by more than one member is divided in opinion on a 
question, the question shall be decided acco rding to the decision of the majority, if 
there is a majority, but if the Tribunal as so  constituted is equally divided in opinion, 
the question shall be decided according to the opinion of the President or, if he or she 
is not one of the members constituting the Tribunal, according to the opinion of the senior Deputy President who is present. 
 
 (6) The Tribunal constituted by a member or members may sit and exercise the powers of 
the Tribunal notwithstanding that the Tri bunal constituted by another member or 
other members is at the same time sitting and exercising those powers. 
  (7) The exercise of the powers of the Tribuna l is not affected by a vacancy or vacancies 
in the membership of the Tribunal. 
  (8) Where the hearing of any proceeding has been commenced before the Tribunal 
constituted by 2 or more members and one or more of those me mbers has ceased to 
be a member or has ceased to be availa ble for the purposes of the proceeding, the 
remaining member or members may continue the hearing of the proceeding if the 
remaining member, or one of the remaining members, is the President or a Deputy President. 
 
147  President to arrange business of Tribunal 
   The President may give directions as to the arrangement of the business of the 
Tribunal and, subject to subsection 146(2) or  (3), as to the constitution of the Tribunal 
for the purposes of particular proceedings. 
 
Division 3—Applications and references to the Tribunal 
 
148  Interpretation 
 
  In this Division: 
 
  copyright material , government  and government copy  have the same meanings as in 
Division 2 of Part VII. 
 
149  Applications to Tribunal for determination of remuneration payable for making recording 
or film of a work 
  (1) This section applies where an applicati on is made to the Tribunal in pursuance of 
subsection 47(3) or 70(3) for the determina tion of an equitable remuneration to be 
paid to the owner of the copyright in a work for the making of a sound recording or cinematograph film of the work or of an adaptation of the work. 
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   (2) The parties to an application in relation to which this section applies are: 
   (a) the owner of the copyright in the work; and   (b) the maker of the recording or film.  
 (3) Where an application in relation to which this section applies is made to the Tribunal, 
the Tribunal shall consider the application and, after giving to the parties to the 
application an opportunity of presenting th eir cases, shall make an order determining 
the amount that it considers to be equ itable remuneration to the owner of the 
copyright for the making of the recording or film. 
 
149A  Applications to Tribunal under section 47A 
 
 (1) This section applies to any application made to the Tribunal under subsection 47A(8) 
for the determining of an amount payable by a person or body by way of equitable 
remuneration to an owner of copyright. 
  (2) The parties to an application to which th is section applies are the person or body, and 
the owner of the copyright, referred to in subsection (1). 
  (3) Where an application to which this s ection applies is made to the Tribunal, the 
Tribunal shall consider the application and, after giving the parties to the application 
opportunities of presenting their cases, shall make an order determining the amount that it considers to be payable by the person or body by way of equitable remuneration to the owner of the copyright. 
 150  Applications to Tribunal for determination of  remuneration payable to owner of copyright 
in recording for making of a copy of the sound recording 
 
 (1) This section applies where an applicati on is made to the Tribunal in pursuance of 
subsection 107(3) for the determination of an equitable remuneration to be paid to the 
owner of the copyright in a sound recordi ng for the making of a copy of the sound 
recording. 
  (2) The parties to an application in relation to which this section applies are:    (a) the owner of the copyright in the sound recording; and 
  (b) the maker of the copy of the sound recording. 
  (3) Where an application in relation to which this section applies is made to the Tribunal, 
the Tribunal shall consider the application and, after giving to the parties to the 
application an opportunity of presenting th eir cases, shall make an order determining 
the amount that it considers to be equ itable remuneration to the owner of the 
copyright for the making of the copy of the sound recording. 
 
151  Applications to Tribunal for determination of  remuneration payable to owner of copyright 
in recording in respect of public playing of the recording 
  (1) This section applies where an applicati on is made to the Tribunal in pursuance of 
subsection 108(1) for the determination of an equitable remuneration to be paid to the 
owner of the copyright in a sound recording for the causing of the recording to be 
heard in public. 
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   (2) The parties to an application in relation to which this section applies are: 
   (a) the owner of the copyright in the recording; and   (b) the person who caused the recording to be heard in public.  
 (3) Where an application in relation to which this section applies is made to the Tribunal, 
the Tribunal shall consider the application and, after giving to the parties to the 
application an opportunity of presenting th eir cases, shall make an order determining 
the amount that it considers to be equ itable remuneration to the owner of the 
copyright for the causing of the r ecording to be heard in public. 
 
152  Applications to Tribunal for determinatio n of amounts payable for broadcasting published 
sound recordings 
 
 (1) In this section, unless the contrary intention appears:  
  Australia  does not include the external Territories. 
 
  broadcaster  means: 
   (a) the Australian Broadcasting Corporation; or 
  (aa) the Special Broadcasting Service Corporation; or 
              (b) the holder of a licence allocated by the Australian Broadcasting Authority 
under the Broadcasting Services Act 1992 ; or 
              (c) a person making a broad cast under the authority of a class licence determined 
by the Australian Broadcasting Authority under the Broadcasting Services 
Act 1992 . 
 
  broadcasting  does not include broadcasting by a transmission for a fee payable to the 
person who made the broadcast. 
  (1A) For the purposes of the application of this section in relation to a period before the 
commencement of this subsection, this secti on has effect as if any act or thing done 
during that period by the Australian Broadcasting Commission had been done by the Australian Broadcasting Corporation and an y earnings of the Australian Broadcasting 
Commission during that period were earnings of the Australian Broadcasting Corporation. 
 
 (1B) In its application in relation to a peri od before the commencement of this subsection, 
this section has effect as if any act or thing done during that period by the Special Broadcasting Service had been done by the Special Broadcasting Service Corporation and any earnings of the Special Broadcasting Service during that period were earnings of the Special Broadcasting Service Corporation. 
 
 (2) Subject to this section, an applicati on may be made to the Tribunal for an order 
determining, or making provision for de termining, the amount payable by a 
broadcaster to the owners of copyrights in  published sound recordings in respect of 
the broadcasting, during a period specified in the application, of those recordings by 
that broadcaster. 
  (3) An application under the last preceding s ubsection may be made by the broadcaster or 
by the owner of a copyright in a published sound recording. 
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   (4) The parties to an application under subsection (2) are: 
   (a) the person making the application; and               (b) such organizations or pe rsons as apply to the Tribunal to be made parties to 
the application and, in accordance with the next succeeding subsection, are 
made parties to the application. 
  (5) Where an organization (whether claiming to be representative of broadcasters or of 
the owners of copyrights in published sound recordings or not) or a person (whether a 
broadcaster or the owner of a copyright in  a published sound recording or not) applies 
to the Tribunal to be made a party to an application under this section, and the 
Tribunal is satisfied that the organization or  person has a substantial interest in the 
matter that is the subject of the application, the Tribunal may, if it thinks fit, make that organization or person a party to the application. 
 
 (6) The Tribunal shall consider an applica tion under subsection (2) and, after giving the 
parties to the application an opportunity of presenting their cases, shall make an order: 
               (a) determining, or maki ng provision for determining, the amount payable by the 
broadcaster to the owners of copyri ghts in published sound recordings in 
respect of the broadcasting, during the period to which the order applies, by 
the broadcaster of those recordings; 
              (b) specifying as the persons among whom that amount is to be divided such of 
the persons who were, or we re represented by, parties to the application as 
the Tribunal is satisfied are the owne rs of copyrights in published sound 
recordings; and 
              (c) specifying as the resp ective shares in that amount of the persons among 
whom that amount is to be divided and as the times at which those shares are to be paid such shares and times as those persons agree or, in default of agreement, as the Tribunal thinks equitable. 
 
 (7) In so making an order in relation to a broadcaster, the Tribunal shall take into account 
all relevant matters, including the extent to which the broadcaster uses, for the 
purposes of broadcasting, records embodying s ound recordings (other than recordings 
in relation to which section 105 applies) in which copyrights subsist, being copyrights 
owned by persons who are, or are repres ented by, parties to the application. 
 
 (8) The Tribunal must not make an order that would require a broadcaster who is:                (a) the holder of a licence allocated by the Australian Broadcasting Authority 
under the Broadcasting Services Act 1992  that authorises the holder to 
broadcast radio programs; or 
              (b) a person authorised by a class licence determined by that Authority under that 
Act to broadcast radio programs; 
  to pay, in respect of the broadcasting of published sound recordings during the period 
covered by the order, an amount exceed ing 1% of the amount determined by the 
Tribunal to be the gross earnings of the broadcaster during the period equal to the 
period covered by the order that ended on th e last 30 June that occurred before the 
period covered by the order. 
  (9) If a broadcaster that is:   IP/N/1/AUS/C/3 
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                (a) the holder of a licence allocated by the Australian Broadcasting Authority 
under the Broadcasting Services Act 1992  that authorises the holder to 
broadcast radio programs; or 
              (b) a person authorised by a class licence determined by that Authority under that 
Act to broadcast radio programs; 
  has, with the permission of that Author ity, adopted an accounting period ending on a 
day other than 30 June, the reference in subsec tion (8) to 30 June is, in relation to that 
broadcaster, a reference to that other day. 
  (10) Subsection (8) does not apply to an order in relation to a broadcaster unless: 
 
              (a) the broadcaster establishes to the satisfaction of the Tribunal the amount of 
the gross earnings of the broadcaster during the period in respect of which those earnings are to be determined; and 
              (b) the broadcaster carried on the transmission of programmes by way of sound 
broadcasting throughout the whole of that period. 
  (11) Where an application is made to the Tribunal under subsection (2) in relation to the 
Australian Broadcasting Corporation, the Tribunal: 
               (a) shall make separate or ders in respect of sound broadcasts by the Corporation 
of published sound recordings and in re spect of television broadcasts by the 
Corporation of such recordings; and 
              (b) shall not make an order that would require the Corporation to pay, in respect 
of sound broadcasts of published so und recordings during the period in 
relation to which the order applies, an amount exceeding the sum of: 
                           (i) in resp ect of each complete year included in that period the amount 
ascertained by multiplying one-half of One cent by the number equal to the number of persons comprised in the estimated population of Australia as last set out in statistics published by the Commonwealth Statistician before the making of the order; and 
                          (ii) in respect of each part of a year included in that period—the amount 
that bears to the amount ascertain ed in accordance with the last 
preceding subparagraph in relation to a complete year the same proportion as that part of a year bears to a complete year. 
  (12) A person who is not specified in an or der in force under subsection (6) as one of the 
persons among whom the amount  specified in, or determined in accordance with, the 
order is to be divided may, before the e xpiration of the period to which the order 
applies, apply to the Tribunal for an amendm ent of the order so as to specify him or 
her as one of those persons. 
  (13) The parties to an application under the last preceding subsection for an amendment of 
an order are: 
   (a) the person making the application;   (b) the broadcaster in relation to whom the order applies;               (c) the persons specified  in the order as the persons among whom the amount 
specified in, or determined in accordance with, the order is to  be divided; and 
              (d) such organizations or pe rsons as apply to the Tribunal to be made parties to 
the application and, in accordance with s ubsection (5), are made parties to the 
application. 
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   (14) The Tribunal shall consider an applica tion under subsection (12)  for an amendment of 
an order in force under subsection (6) (in this subsection referred to as the principal 
order ) and, after giving the parties to the application an opportunity of presenting 
their cases, shall, if it is satisfied that th e applicant is the owner of the copyright or 
copyrights in one or more published sound recordings, make an order amending the 
principal order so as to: 
               (a) specify the appli cant as one of the persons among whom the amount 
specified in, or determined in accordan ce with, the principal order is to be 
divided; and 
              (b) specify as the share of the applicant in that amount and as the times at which 
that share is to be paid such share and times as the applicant and the other 
persons among whom that amount is to be divided agree or, in default of 
agreement, as the Tribunal thinks e quitable and make any consequential 
alterations in respect of the shares of those other persons. 
 
 (15) An order of the Tribunal made under subsection (6) in relation to a broadcaster 
applies in relation to the period commencing on the date specified in the order and ending on 30 June next succeeding th e date of making of the order. 
  (16) The date that may be so specified in an order of the Tribunal made under 
subsection (6) in relation to a broadcaster ma y be a date before the date of making of 
the order or before the date of making of th e application but shall not be a date before 
the date of expiration of the period in relation to which the last preceding order (if any) of the Tribunal made under that subsecti on in relation to that broadcaster applied 
or before the date of commencement of this Act. 
 
 (17) An order of the Tribunal made under subsection (14) amending an order of the 
Tribunal made under subsection (6) applies in relation to the period commencing on 
the date of making of the amending order a nd ending on the date of expiration of the 
period in relation to which the orde r that is being amended applies. 
 
 (18) Where an order of the Tribunal is in  force under this section, the broadcaster in 
relation to whom the order applies is liable to pay to each of the persons specified in 
the order as the persons among whom the amount specified in, or determined in accordance with, the order is to  be divided the share so sp ecified in relation to that 
person and is so liable to pay that share at the times so specified and that person may 
recover any amount that is not paid in accordance with the order in a court of 
competent jurisdiction from the broadcaster as a debt due to the person. 
  (19) For the purposes of this section, the gro ss earnings of a broadcaster in respect of a 
period are the gross earnings of the broadcaster during that period in respect of the broadcasting by the broadcaster of advertisements or other matter, including the gross 
earnings of the broadcaster during that period in respect of the provision by the 
broadcaster of, or otherwise in respect of, matter broadcast by the broadcaster. 
  (20) Where, in connexion with a transaction, any consideration is paid or given otherwise 
than in cash, the money value of that consid eration shall, for the purposes of the last 
preceding subsection, be deemed to have been paid or given. 
  (21) Where the Tribunal is of the opinion that:   IP/N/1/AUS/C/3 
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                (a) an amount, or part of an amount, earned during any period by a person other 
than a broadcaster would, if the broadcaster and that person were the same person, form part of the gross earnings of the broadcaster in respect of that period for the purposes of this section; and 
              (b) a relationship exists between the broadcaster and the other person (whether 
by reason of any shareholding or of an y agreement or arrangement, or for any 
other reason) of such a kind that the amount or the part of the amount, as the case may be, should, for the purposes of this section, be treated as part of the gross earnings of the broadcaster in respect of that period; 
  the Tribunal may so treat the amount or the part of the amount, as the case may be. 
 
152A  Applications to Tribunal for determinatio n of amount of royalty payable for recording 
musical works 
 
 (1) In this section:  
  manufacturer  has the same meaning as in section 55. 
  (2) Subject to this section, an applicati on may be made to the Tribunal for an order 
determining, or making provision for determ ining, the amount of royalty payable by 
the manufacturer of a record of a musical work to the owner of the copyright in the 
work during a period specified in the application. 
  (3) An application may be made by the manuf acturer or the owner of the copyright in the 
musical work recorded by the manufacturer. 
 
 (4) The parties to an application are: 
   (a) the manufacturer and the owner of the copyright in the musical work; and   (b) any organisations or persons who are made parties to the application. 
  (5) Where an application is made under sub section (2), the Tribunal shall consider the 
application and, after giving the parties an  opportunity of presenting their cases, make 
an order determining, or making provision fo r determining, an equitable amount of 
royalty payable by the manufacturer of the r ecord of the musical work to the owner of 
the copyright in the work during th e period specified in the order. 
 
 (6) Where an organisation (whether claiming to represent manufacturers or the owners of 
copyrights in musical works or not) or a person (whether a manufacturer or the owner of the copyright in a musical work or not) applies to the Tribunal to be made a party 
to an application under this section, the Tri bunal may, if it thinks fit, make that 
organisation or person a party to the applica tion if the Tribunal is satisfied that the 
organisation or person has a substan tial interest in the application. 
 
 (7) The period that may be specified in an order under subsection (5) in relation to a 
manufacturer may be a period beginning befo re the date of making of the order or 
before the date of making of the appli cation but shall not be a period beginning 
before: 
              (a) the end of the period specified in the last preceding order (if any) made under 
that subsection in relation to that manufacturer; or 
  (b) the commencement of this section.  IP/N/1/AUS/C/3 
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   (8) Where an order is in force under this section, the manufacturer in relation to whom 
the order applies is liable to pay to the pe rson specified in the order the amount of 
royalty so specified at the times so specified and that person may recover the amount, if it is not paid in accordance with the order,  in a court of competent jurisdiction from 
the manufacturer as a debt due to the person. 
 
152B  Applications to Tribunal for determination of manner of paying royalty 
 
 (1) In this section: 
 
  manufacturer  has the same meaning as in section 55. 
  (2) An application may be made to the Tr ibunal for an order determining the manner in 
which amounts of royalty payable by the manufacturer of a record of a musical work to the owner of the copyright in the work are to be paid. 
 
 (3) An application may be made by the manuf acturer or the owner of the copyright in the 
musical work recorded by the manufacturer. 
  (4) The parties to an application are:   (a) the manufacturer and the owner of the copyright in the musical work; and 
  (b) any organisations or persons who are made parties to the application. 
  (5) Where an organisation (whether claiming to represent manufacturers or the owners of 
copyrights in musical works or not) or a person (whether a manufacturer or the owner of the copyright in a musical work or not) applies to the Tribunal to be made a party 
to an application under this section, the Tri bunal may, if it thinks fit, make that 
organisation or person a party to the applica tion if the Tribunal is satisfied that the 
organisation or person has a substan tial interest in the application. 
  (6) Where an application is made under sub section (2), the Tribunal shall consider the 
application and, after giving the parties an  opportunity of presenting their cases, make 
an order determining the manner in which amounts of royalty payable by the 
manufacturer of the record of the musical work to the owner of the copyright in the work are to be paid. 
 
153  Applications to Tribunal for apportio nment of royalty in respect of a record 
 
 (1) This section applies where an applicati on is made to the Tribunal in pursuance of 
paragraph 59(3)(b) for an apportionment of an  amount payable in respect of a record 
between the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work. 
 
 (2) The parties to an application in relation to which this section applies are: 
  (a) the owner of the copyright in the musical work; and   (b) the owner of the copyright in the literary or dramatic work.   (3) Where an application in relation to which this section applies is made to the Tribunal, 
the Tribunal shall consider the application and, after giving to the parties to the 
application an opportunity of presenting their cases, shall make an order apportioning the amount to which the application relates between the parties in such manner as it thinks equitable. 
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  153A  Applications to Tribunal under section 135H, subsection 135J(1) or subsection 135JA(1) 
 
 (1) The parties to an application to th e Tribunal under section 135H, subsection 135J(1) 
or subsection 135JA(1) for the determinati on of the amount of equitable remuneration 
payable to the collecting society by an  administering body for the making or 
communication, by or on behalf of that body, of a copy of a broadcast are the society 
and the body. 
  (2) Where an application is made to the Tribunal under section 135H, subsection 135J(1) 
or subsection 135JA(1), the Tribunal shall cons ider the application and, after giving 
the parties to the application the opportunity of presenting their cases, shall make an 
order determining the amount that it consid ers to be equitable remuneration for the 
making and communicating of copies of broadcasts. 
  (3) In making an order, the Tribunal: 
 
              (a) shall have regard to the extent to which copies of broadcasts are made and 
communicated by, or on behalf of, the administering body solely for the purpose of enabling the material included in the broadcasts to be heard, or seen and heard, as the case may be, at times more convenient than the times when the broadcasts were made; and 
  (b) may have regard to such other matters (if any) as are prescribed. 
  (4) An order may be expressed to have effect  in relation to copies of broadcasts, and to 
communications of such copies, made in reliance on section 135E before the day on which the order is made. 
 
 (5) In this section, administering body  and collecting society  have the same meanings as 
in Part VA. 
 
153B  Applications to Tribunal under subsection 135J(3) 
  (1) The parties to an application to th e Tribunal under subsection 135J(3) for the 
determination of a sampling system are the collecting society and the administering body concerned. 
  (2) Where an application is made to the Tribunal under subsection 135J(3), the Tribunal 
shall consider the application and, after giving the parties to the application an 
opportunity of presenting their cases, shall make an order determining the sampling system. 
  (3) In this section, administering body  and collecting society  have the same meanings as 
in Part VA. 
 
153BA  Application to the Tri bunal under subsection 135JA(3) 
 
 (1) The parties to an application to th e Tribunal under subsection 135JA(3) for the 
determination of an agreed system are th e collecting society and the administering 
body concerned. 
  (2) If an application is made to the Tribunal under subsection 135JA(3), the Tribunal 
must consider the application and, after giving the parties to the application an IP/N/1/AUS/C/3 
Page 180  
 
  opportunity of presenting their cases, must make an order determining the agreed 
system. 
  (3) In determining an agreed system, the Tr ibunal must have regard to such matters (if 
any) as are prescribed. 
 
 (4) In this section: 
 
  administering body  and collecting society  have the same meanings as in Part VA. 
 153BB  Application to the Tribunal under subsection 135ZME(3) 
 
 (1) The parties to an application to th e Tribunal under subsection 135ZME(3) for the 
determination of the division of an amount of remuneration are the relevant copyright 
owners. 
 
 (2) If an application is made to the Tribunal for a determination under 
subsection 135ZME(3), the Tribunal must cons ider the application and, after giving 
the parties to the application an opportunity to present their cases, must make an order 
determining the division of the amount to which the application relates between the 
parties in such manner as it thinks equitable. 
 
 (3) In making an order, the Tribunal may have regard to such matters (if any) as are 
prescribed. 
 
153C  Applications to the Tribunal under section 135ZZV or subsection 135ZW(1) or 
135ZWA(1) 
 
 (1) The parties to an application to th e Tribunal under section 135ZV or subsection 
135ZW(1) or 135ZWA(1) for the determin ation of the amount of equitable 
remuneration payable to a collecting society by an administering body for the making, by or on behalf of that body, of  licensed copies or licensed communications 
are the society and the body. 
  (2) Where an application is made to the Tribunal under section 135ZV or 
subsection 135ZW(1) or 135ZWA(1), the Tri bunal shall consider the application and, 
after giving the parties to the applicatio n the opportunity of presenting their cases, 
shall make an order determining the am ount that it considers to be equitable 
remuneration for the making of a licensed copy or licensed communication. 
  (3) In making an order, the Tribunal may have regard to such matters (if any) as are 
prescribed. 
 
 (4) An order may be expressed to have effect  in relation to licensed copies made before 
the day on which the order is made. 
  (5) In this section: 
 
  administering body , collecting society , licensed communication  and licensed copy  
have the same meanings as in Part VB. 
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  153D  Applications to Tribunal under subsection 135ZW(3) 
 
 (1) The parties to an application to the Tribunal under subsection 135ZW(3) for the 
determination of a sampling system to be used for the purpose of assessing the number of licensed copies made by, or on behalf of, an administering body, or any 
other relevant matters, are the relevant collecting society and the body. 
  (2) Where an application is made to the Tribunal under sub section 135ZW(3), the 
Tribunal shall consider the application and, after giving the parties to the application 
an opportunity of presenting their cases, shall make an order determining the 
sampling process. 
  (3) In this section, administering body , collecting society  and licensed copy  have the 
same meanings as in Part VB. 
 153DA  Applications to the Tribunal under subsection 135ZWA(2) 
 
 (1) The parties to an application to th e Tribunal under subsection 135ZWA(2) for the 
determination of an electronic use system to  be used in relation to licensed copies or 
licensed communications made by, or on beha lf of, an administering body, or any 
other relevant matters, are the relevant collecting society and the body. 
 
 (2) If an application is made to the Tribunal for a determination under 
subsection 135ZWA(2), the Tribunal must cons ider the application and, after giving 
the parties to the application an opportunity to present their cases, must make an order 
determining the matter that is the subject of the application. 
 
 (3) In making an order, the Tribunal may have regard to such matters (if any) as are 
prescribed. 
  (4) In this section: 
 
  administering body , collecting society , licensed communication  and licensed copy  
have the same meanings as in Part VB. 
 
153E  Applications to Tribunal under subsection 183(5) 
  (1) The parties to an application to the Tr ibunal under subsection 183(5) for the fixing of 
the terms for the doing of an act comprised in a copyright where the act is done for the services of the Commonwealth or a State are: 
   (a) the Commonwealth or the State, as the case may be; and   (b) the owner of the copyright. 
 
 (2) If an application is made to the Tri bunal under subsection 183(5), the Tribunal is to 
consider the application and, after giving th e parties to the application an opportunity 
of presenting their cases, is to make an order fixing the terms for the doing of the act. 
 153F  Applications to Tribunal to decla re collecting society for government copies 
 
 (1) A company limited by guarantee may apply to the Tribunal for a declaration that the 
company be a collecting society for the purposes of Division 2 of Part VII. 
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   (2) The parties to the application are the applicant and any person made a party by the 
Tribunal. 
  (3) The Tribunal may make a person a party if:   (a) the person asks to be made a party; and 
              (b) the Tribunal thinks that the person has a sufficient interest in either or both of 
the following questions: 
    (i) whether the applicant should be  declared to be a collecting society; 
                           (ii) whether any current declaration of a company as a collecting society 
should be revoked. 
  (4) After giving each party an opportunity of presenting its case, the Tribunal must:                (a) declare the applicant to  be a collecting society for the purposes of Division 2 
of Part VII; or 
  (b) reject the application.   (5) A declaration of a company as a collecting society for the purposes of Division 2 of 
Part VII may be a declaration in relation to: 
 
  (a) all government copies; or 
  (b) a specified class of government copies.   (6) The Tribunal may only declare the applicant to be a collecting society if the Tribunal 
is satisfied: 
 
              (a) that the applicant is a company limited by guarantee incorporated under a law 
in force in a State or Territory relating to companies; and 
              (b) in the case of an appli cation for a declaration in relation to all government 
copies, that the applicant’s rules permit the owner, or the agent of the owner, 
of the copyright in any copyright material to become a member; and 
              (c) in the case of an application for a declaration in relation to a class of 
government copies, that the applicant’s rules permit the owner, or the agent 
of the owner, of the copyright in an y copyright material a reproduction of 
which in accordance with section 183 would be within that class to become a member; and 
              (d) that the applicant’s ru les prohibit the payment of dividends to its members; 
and 
              (e) that the applicant’s ru les contain such provisions about all of the following 
matters as are adequate for the protection of its members: 
    (i) the collection of remuneration payable under section 183A; 
                           (ii) the payment of administrative costs of the collecting society out of 
remuneration it collects; 
   (iii) the distribution of remuneration the collecting society collects;                            (iv) the collecting society holding on trust remuneration for owners of 
copyright in copyright material who are not members of the society; 
   (v) access to the collecting society’s records by its members; and 
               (f) that the applicant’s ru les contain such other provisions as are required by the 
regulations to be included for the protection of members of the society. 
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   (7) A declaration must specify the day on which it takes effect. 
  (8) If the Tribunal makes a declaration under this section, the Secretary to the Tribunal 
must publish the declaration in the Gazette . 
 153G  Applications to Tribunal to revoke a declaration of a collecting society 
 
 (1) Any of the following persons may apply to the Tribunal for the revocation of a 
declaration under section 153F: 
 
  (a) the collecting society; 
  (b) a member of the collecting society;   (c) a government.   (2) The parties to an application are: 
 
  (a) the applicant for revocation of the declaration; and               (b) if the collecting so ciety is not the applicant for revocation of the 
declaration—the collecting society; and 
  (c) any person made a party by the Tribunal.  
 (3) The Tribunal may make a person a party if: 
   (a) the person asks to be made a party; and               (b) the Tribunal thinks that the person has a sufficient interest in the question 
whether the declaration of the collecting society should be revoked. 
 
 (4) After giving each party an opportunity of presenting its case, the Tribunal must:    (a) revoke the declaration of the collecting society; or   (b) reject the application.  
 (5) The Tribunal may only revoke the declaration of a company as the collecting society 
if the Tribunal is satisfied that the company: 
   (a) is not functioning adequately as the collecting society; or               (b) is not acting in accordan ce with its rules or in the best interests of its 
members who own copyright in copyright  material or who are agents of 
copyright owners; or 
              (c) has altered its rules so th at they no longer comply with any one or more of 
paragraphs 153F(6)(b) to (f); or 
              (d) has contravened section 183D or 183E (dealing with reporting and 
accounting, and alteration of rules). 
 
 (6) A revocation must specify the day on which it takes effect.   (7) If the Tribunal revokes the declaration of the collecting society, the Secretary to the 
Tribunal must publish notice of the revocation in the Gazette . 
 
153H  Time limit for deciding app lications under section 153F or 153G 
 
 (1) The Tribunal must make its decision on an application under section 153F or 153G 
within 6 months after the conclusion of the hearing of the application. IP/N/1/AUS/C/3 
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 (2) The 6 months time limit in subsection (1 ) does not apply if the Tribunal thinks that 
the matter cannot be dealt with properly within that period of 6 months, whether 
because of its complexity or because of other special circumstances. 
 
 (3) If subsection (2) applies, the Tribunal must  tell the applicant before the end of the 6 
months period that the matter cannot be dealt with properly within that period. 
 
153J  Amendment and revocation of a declaration on the declaration of another collecting 
society 
 
 (1) If:    (a) a declaration (the previous declaration ) is in force under section 153F; and 
              (b) the Tribunal, under that section, declares another company to be the 
collecting society for the purposes of Division 2 of Part VII in relation to a 
class of government copies that includes some of the government copies to which the previous declaration relates; 
  the Tribunal must amend the previous declaration so as to exclude from the 
government copies to which it relates all gove rnment copies to which the declaration 
of the company referred to in paragraph (b) relates. 
 
 (2) An amendment of a declaration under sub section (1) takes effect when the declaration 
of the company referred to in paragraph (1)(b) takes effect. 
  (3) If: 
 
  (a) a declaration (the previous declaration ) is in force under section 153F; and 
  (b) the Tribunal makes another declar ation under that section in relation to: 
    (i) all government copies; or                            (ii) a class of government copies that includes all government copies to 
which the previous declaration relates; 
  the Tribunal must revoke the previous declaration.   (4) The revocation of a declaration under sub section (3) takes effect when the declaration 
referred to in paragraph (3)(b) takes effect. 
 
 (5) The Secretary to the Tribunal must publish in the Gazette  notice of an amendment or 
revocation made under this section. 
 
153K  Applications to Tribunal for method of working out payment for government copies 
  (1) A collecting society or a government may apply to the Tribunal for an order 
determining the method for working out  remuneration payable under subsection 
183A(2) for government copies made for the services of the government in a particular period. 
 
 (2) The parties to an application are the collecting society and the government. 
  (3) After giving each party an opportunity of presenting its case, the Tribunal must make 
an order determining the method.  IP/N/1/AUS/C/3 
 Page 185 
 
 
                Note: Subsection 183A(3) sets out matters that the method must provide for. Subsection 183A(4) 
sets out matters that th e method may provide for. 
 
 (4) An order may also specify how and when  payments of the amount worked out using 
the method determined are to be made. 
 153L  Applications to Tribunal for review of d eclarations of certain educational institutions 
 
 (1) This section applies where an application is made to the Tribunal under 
subsection 10A(5A) for review of a declaration included in a notice published under subsection 10A(4) for the purposes of paragra ph (g), (h) or (i) of the definition of 
educational institution  in subsection 10(1). 
 
 (2) The parties to the application are:    (a) the collecting society that made the application; and   (b) the body administering the institution that caused the notice to be published. 
 
 (3) After giving each party an opportunity to present its case, the Tribunal must:    (a) confirm the declaration; or   (b) set aside the notice.  
 (4) If the Tribunal sets aside the notice, th e Tribunal must cause to be published in the 
Gazette  a notice that: 
   (a) sets out full particulars of the name and address of the institution; and 
 
              (b) contains a statement to the effect that the notice previously published by the 
body administering the institution under subsection 10A(4) has been set aside. 
  Upon publication of the Tribunal’s notice, the notice published under 
subsection 10A(4) ceases to have effect for the purposes of paragraph (g), (h) or (i) of the definition of educational institution  in subsection 10(1). 
 
 (5) The Tribunal may only set aside a notice if it determines that the principal function, 
or the principal functions, as the case may be , of the institution concerned are not as 
described in the declaratio n included in the notice. 
 153M  Applications to the Tribunal under subsection 135ZZM(1) 
 
 (1) The parties to an application to th e Tribunal under subsection 135ZZM(1) for the 
determination of the amount of equitable re muneration payable to a collecting society 
by a retransmitter for the making, by or on behalf of the retransmitter, of a 
retransmission of a free-to-air broadcast are the society and the retransmitter. 
  (2) On an application to the Tribunal un der subsection 135ZZM(1), the Tribunal must 
consider the application and, after giving the parties an opportunity to present their cases, make an order determining the am ount that it considers to be equitable 
remuneration for the making of retransmissions of free-to-air broadcasts. 
 
 (3) In making an order, the Tribunal may have regard to such matters (if any) as are 
prescribed. IP/N/1/AUS/C/3 
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 (4) An order may be expressed to have effect in relation to retransmissions of free-to-air 
broadcasts made in reliance on section 135ZZK before the day on which the order is 
made. 
 
 (5) In this section, collecting society , free-to-air broadcast  and retransmitter  have the 
same meanings as in Part VC. 
 
153N  Applications to Tribunal under subsection 135ZZN(3) 
  (1) The parties to an application to th e Tribunal under subsec tion 135ZZN(3) for the 
determination of a record system are the collecting society and the retransmitter concerned. 
  (2) On an application to the Tribunal und er subsection 135ZZN(3), the Tribunal must 
consider the application and, after giving the parties an opportunity to present their 
cases, make an order determining the record system. 
  (3) In this section, collecting society  and retransmitter  have the same meanings as in 
Part VC. 
 154  Reference of proposed licence schemes to Tribunal 
 
 (1) Where a licensor proposes to bring a licen ce scheme into operation, he or she may 
refer the scheme to the Tribunal. 
 
 (2) The parties to a reference under this section are: 
   (a) the licensor referring the scheme; and               (b) such organizations or pe rsons (if any) as apply to the Tribunal to be made 
parties to the reference and, in  accordance with the next succeeding 
subsection, are made parties to the reference. 
 
 (3) Where an organization (whether claimi ng to be representative of persons requiring 
licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to a referen ce, and the Tribunal is satisfied that the 
organization or person has a substantial in terest in the operation of the scheme to 
which the reference relates, the Tribunal may,  if it thinks fit, make that organization 
or person a party to the reference. 
  (4) The Tribunal shall consider a scheme re ferred under this section and, after giving to 
the parties to the reference an opportunity  of presenting their cases, shall make such 
order, either confirming or varying the sch eme, as the Tribunal considers reasonable 
in the circumstances. 
  (5) An order (other than an interim or der) of the Tribunal under this section may, 
notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or  for such period as the Tribunal thinks fit. 
 
 (6) Where a licence scheme h as been referred to the Tribunal under this section, the 
licensor may do either or both of the following things: 
  IP/N/1/AUS/C/3 
 Page 187 
 
 
                (a) bring the scheme into operation before the Tribunal makes an order in 
pursuance of the reference; 
              (b) withdraw the reference at any time before the Tribunal makes an order in 
pursuance of the reference, whethe r the scheme has been brought into 
operation or not. 
 
 (7) If the scheme is not brought into operati on before an order is made in pursuance of 
the reference, the scheme as confirmed or va ried by the order comes into operation, 
notwithstanding anything contained in the scheme, forthwith upon the making of the order. 
 
 (8) After the making of an order in pursuan ce of the reference, the scheme as confirmed 
or varied by the order remains in operati on, notwithstanding anything contained in the 
scheme, so long as the order remains in force. 
 155  Reference of existing licence schemes to Tribunal 
 
 (1) Where, at any time while a licence scheme is in operation, a dispute arises with 
respect to the terms of the scheme between the licensor operating the scheme and: 
               (a) an organization claimi ng to be representative of persons requiring licences in 
cases included in a class of cases to which the scheme applies; or 
              (b) any person claiming that he or she requires a licence in a case included in a 
class of cases to which the scheme applies; 
  the licensor, organization or person con cerned may refer the scheme to the Tribunal 
in so far as the scheme relates to cases included in that class. 
 
 (2) The parties to a reference under this section are:    (a) the licensor, organization or person referring the scheme;               (b) if the reference is  not made by the licensor operating the scheme—that 
licensor; and 
              (c) such other organizations  or persons (if any) as apply to the Tribunal to be 
made parties to the reference and, in accordance with the next succeeding 
subsection, are made parties to the reference. 
  (3) Where an organization (whether claimi ng to be representative of persons requiring 
licences or not) or a person (whether requiring a licence or not) applies to the 
Tribunal to be made a party to a referen ce, and the Tribunal is satisfied that the 
organization or person has a s ubstantial interest in the matter in dispute, the Tribunal 
may, if it thinks fit, make that organi zation or person a party to the reference. 
  (4) The Tribunal shall not begin to cons ider a reference under this section by an 
organization unless the Tribunal is satisfied  that the organization is reasonably 
representative of the class of persons that it claims to represent. 
  (5) Subject to the last preceding subsection,  where a licence scheme is referred to the 
Tribunal under this section, the Tribunal shall consider the matter in dispute and, after 
giving to the parties to the reference an opportunity of presenting their cases, shall 
make such order, either confirming or varying the scheme, in so far as it relates to cases included in the class of cases to which the reference relates, as the Tribunal 
considers reasonable in the circumstances. 
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   (6) An order (other than an interim or der) of the Tribunal under this section may, 
notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or  for such period as the Tribunal thinks fit. 
  (7) A reference of a licence scheme to the Tribunal under this section may be withdrawn 
at any time before an order is made in pursuance of the reference. 
  (8) Where a licence scheme h as been referred to the Tribunal under this section, the 
scheme remains in operation, notwithstanding  anything contained in the scheme, until 
the Tribunal makes an order in pursuance of the reference. 
 
 (9) The last preceding subsection does not appl y in relation to a reference with respect to 
any period after the referen ce has been withdrawn or afte r the Tribunal has refused to 
begin to consider the reference in pursuance of subsection (4). 
 
 (10) After the making of an order in pursua nce of the reference, the scheme as confirmed 
or varied by the order remains in operati on, notwithstanding anything contained in the 
scheme, so long as the order remains in force. 
 
156  Further reference of licence schemes to Tribunal 
  (1) Where the Tribunal has made an order (o ther than an interim order) under either of 
the last two preceding sections with respect to a licence scheme, then, subject to the 
next succeeding subsection, at any time while the order remains in force: 
   (a) the licensor operating the scheme; 
              (b) any organization claimi ng to be representative of persons requiring licences 
in cases included in the class of cas es to which the order applies; or 
              (c) any person claiming that he  or she requires a licence in a case included in that 
class; 
  may refer the scheme again to the Tribuna l in so far as it relates to cases included in 
that class. 
 
 (2) A licence scheme shall not, except with the leave of the Tribunal, be referred again to 
the Tribunal under the last preceding subsection at a time earlier than: 
               (a) where the order concerned was made so as to be in force indefinitely or for a 
period exceeding 15 months—the expi ration of the period of 12 months 
commencing on the date on which the order was made; or 
              (b) where the order concer ned was made so as to be in force for a period not 
exceeding 15 months—the commencement of the period of 3 months ending on the date of expiration of the order. 
 
 (3) The parties to a reference under this section are: 
   (a) the licensor, organization or person referring the scheme;               (b) if the reference is  not made by the licensor operating the scheme—that 
licensor; and 
              (c) such other organizations  or persons (if any) as apply to the Tribunal to be 
made parties to the reference and,  in accordance with the provisions 
applicable in that behalf by virtue of subsection (5), are made parties to the reference. 
  IP/N/1/AUS/C/3 
 Page 189 
 
 
   (4) Subject to the next succeeding subsecti on, where a licence scheme is referred to the 
Tribunal under this section, the Tribunal shall consider the matter in dispute and, after 
giving to the parties to the reference an opportunity of presenting their cases, shall make such order in relation to the scheme as previously confirmed or varied, in so far 
as it relates to cases included in the class of  cases to which the reference relates, 
whether by way of confirming, varying or further varying the scheme, as the Tribunal 
considers reasonable in the circumstances. 
  (5) Subsections 155(3), (4), and (6) to (10) inclusive apply for the purposes of this 
section. 
 
 (6) The preceding subsections of this section ha ve effect in relation to orders made under 
this section in like manner as they have effect  in relation to orders made under either 
of the last two preceding sections. 
 
 (7) Nothing in this section prevents a licence scheme in respect of which an order has 
been made under either of the last two preceding sections from being again referred 
to the Tribunal under that section: 
               (a) in so far as the schem e relates to cases included in a class of cases to which 
the order does not apply—at any time; and 
              (b) in so far as the schem e relates to cases included in the class of cases to which 
the order applied while it was in for ce—after the expiration of the order. 
 
157  Application to Tribunal in relation to licences 
  (1) A person who claims, in a case to whic h a licence scheme applies, that the licensor 
operating the scheme has refused or failed to  grant him or her a licence in accordance 
with the scheme, or to procure the grant to him or her of such a licence, may apply to 
the Tribunal under this section. 
  (2) A person who claims, in a case to which a licence scheme applies, that he or she 
requires a licence but that the grant of a li cence in accordance with the scheme would, 
in that case, be subject to the payment of charges, or to conditions, that are not reasonable in the circumstances of the case may apply to the Tribunal under this 
section. 
 
 (3) A person who claims that he or she requires a licence in a case to which a licence 
scheme does not apply (including a case where a licence scheme has not been 
formulated or is not in operation) and: 
               (a) that a licensor has refu sed or failed to grant the licence, or to procure the 
grant of the licence, and that in the ci rcumstances it is unreasonable that the 
licence should not be granted; or 
               (b) that a licensor propo ses that the licence should be granted subject to the 
payment of charges, or to conditions, that are unreasonable; 
  may apply to the Tribunal under this section. 
 
 (4) An organization that claims that it is representative of persons requiring licences in 
cases to which a licence scheme does not apply (including cases where a licence scheme has not been formulated or is not in operation) and: 
 IP/N/1/AUS/C/3 
Page 190  
 
                 (a) that a licensor has refu sed or failed to grant the licences, or to procure the 
grant of the licences, and that in the ci rcumstances it is unreasonable that the 
licences should not be granted; or 
              (b) that a licensor propo ses that the licences should be granted subject to the 
payment of charges, or to conditions, that are unreasonable; 
  may apply to the Tribunal under this section. 
  (5) Where an organization (whether claimi ng to be representative of persons requiring 
licences or not) or a person (whether requiring a licence or not) applies to the Tribunal to be made a party to an appli cation under any of the preceding subsections 
of this section, and the Tribunal is satisfi ed that the organization or person has a 
substantial interest in the matter in dispute,  the Tribunal may, if it thinks fit, make 
that organization or person a party to the application. 
  (6) Where an application is made to the Tri bunal under subsection (1), (2), (3) or (4), the 
Tribunal shall give to the applicant, to th e licensor concerned and to every other party 
(if any) to the application an opportunity of presenting their cases and, if the Tribunal is satisfied that the claim of  the applicant is well-founded, the Tribunal shall make an 
order specifying, in respect of the matters specified in the order: 
               (a) in the case of an app lication under subsection (1)—the charges, if any, and 
the conditions, that the Tribunal consid ers to be applicable in accordance 
with the licence scheme in relation to the applicant; 
              (b) in the case of an application under subsection (2) or subsection (3)—the 
charges, if any, and the conditions, that  the Tribunal considers reasonable in 
the circumstances in relation to the applicant; or 
              (c) in the case of an app lication under subsection (4)—the charges, if any, and 
the conditions, that the Tribunal consider s reasonable in the circumstances in 
relation to persons, or to persons include d in classes of persons, specified in 
the order, being persons who were represented by the applicant or were 
parties to the application. 
 
 (7) A reference in this section to a failure to  grant a licence, or to procure the grant of a 
licence, shall be read as a reference to a failu re to grant the licence, or to procure the 
grant of the licence, as the case may be, with in a reasonable time after a request to do 
so. 
 158  Effect of licence scheme being continued in operation pending order of the Tribunal 
 
 (1) Where a licence scheme is in operation by virtue of this Part pending the making of 
an order on a reference under this Part a nd a person, in a case to which the scheme 
applies, does anything that, apart from this subsection, would be an infringement of a copyright but would not be such an infringement if the person were the holder of a 
licence granted in accordance w ith the scheme in so far as the scheme relates to cases 
to which the reference relates, that person shall, if he or she has complied with the 
relevant requirements, be in the like positi on, in any proceedings for infringement of 
that copyright, as if he or she had at the material time been the holder of such a 
licence. 
 
 (2) For the purposes of the last preceding su bsection, the relevant requirements are: 
  IP/N/1/AUS/C/3 
 Page 191 
 
 
                (a) that, at all material times, the person concerned has complied with the 
conditions that, in accordance with the licence scheme, would be applicable 
to a licence in respect of the case concerned; and 
              (b) where, in accordance w ith the scheme, any charges are payable in respect of 
such a licence—that, at the material time, the person concerned had paid 
those charges to the licensor operating the scheme, or, if at that time the 
amount payable could not be ascertained, he or she had given an undertaking 
in writing to the licensor to pa y the charges when ascertained. 
  (3) A person who does anything in relation to which subsection (1) applies is liable to 
pay to the licensor operating the licence scheme concerned the amount of any charges 
that would be payable if he or she were the holder of a licence granted in accordance with the scheme in so far as the scheme re lates to the doing of that thing and the 
licensor may recover that amount in a cour t of competent jurisdiction from the person 
as a debt due to the licensor. 
 
159  Effect of order of Tribunal in relation to licences 
 
 (1) Where an order made on a reference under th is Part with respect to a licence scheme 
is for the time being in force and a person, in a case to which the scheme as confirmed or varied by the order applies, does anything that, apart from this 
subsection, would be an infringement of copyright but would not be such an 
infringement if he or she were the holder of a licence granted in accordance with the 
scheme, as confirmed or varied by the order, in so far as the scheme relates to cases to which the order applies, that person shall, if  he or she has complied with the relevant 
requirements, be in the like position, in any proceedings for infringement of that 
copyright, as if he or she had at the materi al time been the holder of such a licence. 
  (2) For the purposes of the last preceding su bsection, the relevant requirements are: 
               (a) that, at all material times, the person concerned has complied with the 
conditions that, in accordance with the licence scheme as confirmed or varied 
by the order, would be applicable to a licence in respect of the case 
concerned; and 
              (b) where, in accordance w ith the scheme as so confirmed or varied, any charges 
are payable in respect of such a licence— that, at the material time, the person 
concerned had paid those charges to the licensor operating the scheme, or, if 
at that time the amount payable could no t be ascertained, he or she had given 
an undertaking in writing to the licensor to pay the charges when ascertained. 
  (3) A person who does anything in relation to which subsection (1) applies is liable to 
pay to the licensor operating the licence scheme concerned the amount of any charges that would be payable if he or she were the holder of a licence granted in accordance 
with the scheme, as confirmed or varied by the order, in so far as the scheme relates 
to the doing of that thing and the licensor may recover that amount in a court of competent jurisdiction from the person as a debt due to the licensor. 
  (4) Where the Tribunal has made an order on an application under subsection 157(1), (2) 
or (3) specifying charges, if any, and c onditions, in relation to the applicant, in 
respect of the matters specifi ed in the order, then if: 
   (a) the applicant has complied with th e conditions specified in the order; and IP/N/1/AUS/C/3 
Page 192  
 
                (b) in a case where the or der specifies any charges—he or she has paid those 
charges to the licensor or, if the amount payable could not be ascertained, has given to the licensor an undertaking in writing to pay the charges when ascertained; 
  the applicant shall be in the like positi on, in any proceedings for infringement of 
copyright relating to any of those matters, as if he or she had at all material times 
been the holder of a licence granted by th e owner of the copyright concerned on the 
conditions, and subject to payment of the ch arges (if any), specified in the order. 
  (5) Where the Tribunal has made an order on an application under subsection 157(4) 
specifying charges (if any) and conditions, in relation to the persons, or to persons 
included in the classes of persons, specified in the order, in respect of matters specified in the order, then, if: 
   (a) any such person has complied with the conditions specified in the order; and 
              (b) in the case where the order specifies any charges—the person has paid those 
charges to the licensor or, if the amount payable could not be ascertained, has given to the licensor an undertaking in writing to pay the charges when ascertained; 
  that person shall be in the like position,  in any proceedings for infringement of 
copyright relating to any of those matters, as if he or she had at all material times 
been the holder of a licence granted by th e owner of the copyright concerned on the 
conditions, and subject to payment of the ch arges (if any), specified in the order. 
  (6) Where a person in relation to whom an  order referred to in subsection (4) or 
subsection (5) applies does, in relation to an y of the matters specified in that order, 
anything that, apart from that subsection, would be an infringement of copyright but 
would not be such an infringement if he or she were the holder of a licence in respect 
of the doing of that thing granted by the owner of the copyright concerned on the conditions and subject to payment of the char ges (if any) specified in the order, that 
person is liable to pay to the owner of th e copyright the amount of any charges that 
would be payable if he or she were the hol der of such a licence and the owner of the 
copyright may recover that amount in a court of competent jurisdiction from the 
person as a debt due to the owner of the copyright. 
 
160  Interim orders 
   Where an application or reference is made  to the Tribunal under this Act, the Tribunal 
may make an interim order having effect until the final decision of the Tribunal on 
the application or reference. 
 
161  Reference of questions of law to Federal Court of Australia 
  (1) The Tribunal may, of its own motion or at the request of a party, refer a question of 
law arising in proceedings before it for determination by the Federal Court of 
Australia. 
  (2) A question shall not be referred to the Fede ral Court of Australia by virtue of the last 
preceding subsection in pursuance of a request made after the date on which the 
Tribunal gave its decision in the proceedi ngs unless the request is made before the 
expiration of such period as is prescribed. 
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   (3) If the Tribunal, after giving its decision  in any proceedings, refuses a request to refer 
a question to the Federal Court of Australia , the party by whom the request was made 
may, within such period as is prescribed, a pply to the Federal Court of Australia for 
an order directing the Tribunal to refer th e question to the Federal Court of Australia. 
 
 (4) Where a reference is made to the Fede ral Court of Australia under this section with 
respect to any proceedings before the Tri bunal, and where an application is made 
under the last preceding subsection with resp ect to any such proceedings, every party 
to the proceedings before the Tribunal is entitled to appear and to be heard. 
 
 (5) Where, after the Tribunal has given it s decision in any proceedings, the Tribunal 
refers to the Federal Court of Australia unde r this section a question of law that arose 
in the course of the proceedings, and the Fe deral Court of Australia decides that the 
question was erroneously determined by the Tribunal: 
 
             (a) the Tribunal shall recons ider the matter in dispute and, if it considers it 
necessary to do so for the purpose of giving effect to the decision of the Federal Court of Australia, shall give to the parties to the proceedings a further opportunity of presenting their cases; and 
             (b) if it appears to the Tri bunal to be appropriate, and in conformity with the 
decision of the Federal Court of Australia , to do so, the Tribunal shall make 
such order revoking or modifying any order previously made by it in the 
proceedings, or, in the case of proceedings under section 157 where the Tribunal refused to make an order, sh all make such order under that section, 
as the Tribunal considers to be appropriate. 
 
 (6) A reference of a question by the Tribunal to the Federal Court of Australia under this 
section shall be by way of stating a case for the opinion of the Federal Court of Australia. 
  (7) Jurisdiction is conferred on the Federal Court of Australia to hear and determine a 
question of law referred to it under this section. 
 
 (8) For the purposes of this section, a question of law does not include a question 
whether there is sufficient evidence to justify a finding of fact by the Tribunal. 
 
162  Agreements or awards not affected 
 
  Nothing in this Part affects the operation of any agreement or of any award made by 
an arbitrator, whether the agreement or award was made before, or is made after, the commencement of this Act. 
 
Division 4—Procedure and evidence 
 
163  Proceedings to be in public except in special circumstances 
 
 (1) Subject to this section, the hearing of proceedings before the Tribunal shall be in 
public. 
 
 (2) Where the Tribunal is satisfied that it is desirable to do so by reason of the 
confidential nature of any evidence or ma tter or for any other reason, the Tribunal 
may: 
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                (a) direct that a hearing or part of a hearing shall take place in private and give 
directions as to the persons who may be present; or 
              (b) give directions prohibiting or restricting the publication of evidence given 
before the Tribunal (whether in public or  in private) or of matters contained 
in documents produced to the Tribunal. 
 
163A  Application may be made to Tribunal by the agent of the copyright owner 
 
 (1) An owner of copyright may make an application to the Tribunal under this Act by his 
or her agent. 
 
 (2) Two or more owners of copyright ma y jointly make a single application to the 
Tribunal by the same agent against the same person or body. 
 
164  Procedure 
 
  In proceedings before the Tribunal:                (a) the procedure of the Tribunal is, subject to this  Act and the regulations, 
within the discretion of the Tribunal; 
  (b) the Tribunal is not bound by the rules of evidence; and 
              (c) the proceedings shall be conducted with as little formality, and with as much 
expedition, as the requirements of this  Act and a proper consideration of the 
matters before the Tribunal permit. 
 
165  Mistakes or errors in orders of the Tribunal 
 
  The Tribunal may correct, in any order of th e Tribunal, a clerical mistake or an error 
arising from an accidental slip or omission. 
 
166  Regulations as to procedure 
  (1) The regulations may make provision for or  in relation to the procedure in connexion 
with the making of references and applicati ons to the Tribunal and the regulation of 
proceedings before the Tribunal and may prescribe the fees payable in respect of 
those references and applications and th e fees and expenses of witnesses in those 
proceedings. 
 
 (2) The regulations may include provision:                (a) for requiring notice of  an intended reference to  the Tribunal under section 
154, section 155 or section 156 to be advertised in accordance with the regulations; 
              (b) for requiring notice of  an intended application to the Federal Court of 
Australia under subsection 161(3) to be gi ven to the Tribunal and to the other 
parties to the proceedings, and for limiting the time within which any such notice is to be given; 
              (c) for suspending, or authorizing or requiring the Tribunal to suspend, the 
operation of orders of the Tribunal in cases where, after giving its decision, 
the Tribunal refers a question of law to the Federal Court of Australia; 
              (d) for modifying, in relation to orders of the Tribunal the operation of which is 
suspended, the operation of any provisions of this Part as to the effect of orders made under this Part;  IP/N/1/AUS/C/3 
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                (e) for the publication of noti ces, or the doing of any other things, to ensure that 
persons affected by the suspension of an order of the Tribunal will be informed of its suspension; and 
              (f) for regulating or prescrib ing any other matters incidental to or consequential 
upon any request, application, or der or decision under section 161. 
 
167  Power to take evidence on oath 
 
 (1) The Tribunal may take evidence on oath or affirmation, and for that purpose a 
member may administer an oath or affirmation. 
 
 (2) A member or the Secretary to the Tribunal may summon a person to appear before 
the Tribunal to give evidence and to produ ce such documents and articles (if any) as 
are referred to in the summons. 
 168  Evidence in form of written statement 
 
  The Tribunal may, if it thinks fit, perm it a person appearing as a witness before the 
Tribunal to give evidence by tendering, and verifying by oath or affirmation, a written 
statement, which shall be filed with the Secretary to the Tribunal. 
 169  Representation 
 
  In proceedings before the Tribunal:                (a) a party other than a bod y corporate or an unincorporated body of persons may 
appear in person or be represented by an employee of the party approved by 
the Tribunal; 
              (b) a party being a body corporate may be represented by a director or other 
officer, or by an employee, of the party approved by the Tribunal; 
              (c) a party being an unincor porated body of persons or a member of such a body 
may be represented by a member, or by an officer or employee, of the body 
approved by the Tribunal; and 
              (d) any party may be represented by a barrister or solicitor of the High Court or 
of the Supreme Court of a State or of a Territory. 
 
Division 5—Miscellaneous 
 
170  Secretary and other staff  
 (1) There shall be a Secr etary to the Tribunal, who shall be appointed by the 
Attorney-General. 
 
 (2) The Secretary, and any other staff nec essary to assist the Tribunal, shall be persons 
employed under, or whose services ar e made available in accordance with 
arrangements made under, the Public Service Act 1999 . 
 
171  Protection of members, barristers and witnesses 
 
 (1) A member has, in the performance of his or her duty as a member, the same 
protection and immunity as a Justice of the High Court. 
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   (2) A barrister, solicitor or other person a ppearing before the Tribunal on behalf of a 
party has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court. 
  (3) A person summoned to appear before  the Tribunal as a witness has the same 
protection, and is, in addition to the pena lties provided by this Act, subject to the 
same liabilities, in any civil or criminal pr oceedings as a witness in proceedings in the 
High Court. 
 
172  Disobedience to summons etc. 
 
 (1) A person who has been summoned to a ppear as a witness before the Tribunal shall 
not, after tender of reasonable expenses, fail to appear in obedience to the summons. 
   Penalty: 10 penalty units or  imprisonment for 3 months. 
 
 (2) A person who has been summoned to pr oduce a document or article to the Tribunal 
shall not, after tender of reasonable expenses,  fail to produce the document or article. 
   Penalty: 10 penalty units or  imprisonment for 3 months. 
 
 (3) A person who appears before the Tribunal shall not refuse to be sworn or to make an 
affirmation, or to produce documents or articl es, or to answer questions, that he or she 
is required by the Tribunal to produce or answer. 
   Penalty: 10 penalty units or  imprisonment for 3 months. 
 
 (4) Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.  
              
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see 
subsection 13.3(3) of the Criminal Code ). 
 
173  Contempt of Tribunal etc. 
  A person shall not:  
              (a) insult or disturb a member in the exercise of his or her powers or functions as 
a member; 
  (b) interrupt the proceedings of the Tribunal;   (c) use insulting language towards a member; 
              (d) create a disturbance or take part in creating or continuing a disturbance in or 
near a place where the Tribunal is sitting; 
              (e) contravene or fail to  comply with a direction of the Tribunal given under 
paragraph 163(2)(b); or 
              (f) do any other act or thing that would, if the Tribunal were a court of record, 
constitute a contempt of that court. 
   Penalty: $1,000 or imprisonment for 3 months.  
174  Costs of proceedings 
  (1) The Tribunal may order that the costs of  any proceedings before it incurred by any 
party, or a part of those costs, shall be paid by any other party and may tax or settle  IP/N/1/AUS/C/3 
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  the amount of the costs to be so paid, or specify the manner in which they are to be 
taxed. 
  (1A) In taxing or settling under subsection (1) th e amount of the costs, or of a part of the 
costs, of any proceedings before the Tribunal incurred by a party, the Tribunal or the 
person or persons taxing or settling those co sts, as the case may be, shall allow so 
much only of the amount as in the opinion of the Tribunal or the person or persons, as 
the case may be, would be allowed if the pr oceedings were proceedings before the 
Federal Court of Australia and the costs we re taxed under the Federal Court Rules. 
 
 (2) Costs directed by the Tribunal to be paid to a party may be recovered by that party in 
any court of competent jurisdiction. 
  (2A) In any proceedings before a court un der subsection (2) for the recovery of costs 
directed by the Tribunal to be paid to a party, a certificate signed by the Secretary to 
the Tribunal that states that the costs have been taxed or the amount of the costs has 
been settled and sets out the amount of the costs as so taxed or settled is prima facie 
evidence of the matters stated in the certificate. 
 
175  Proof of orders of Tribunal 
   Without prejudice to any other method available by law for the proof of orders of the 
Tribunal, a document purporting to be a copy of such an order, and to be certified by the Secretary to the Tribunal to be a true copy of the order, is, in any proceeding, evidence of the order. 
 Part VII—The Crown  Division 1—Crown copyright 
 
176  Crown copyright in original works made under direction of Crown 
  (1) Where, apart from this section, copyright  would not subsist in an original literary, 
dramatic, musical or artistic work made by , or under the direction or control of, the 
Commonwealth or a State, copyright subsists in  the work by virtue of this subsection. 
  (2) The Commonwealth or a State is, subject to this Part and to Part X, the owner of the 
copyright in an original literary, dramatic, musical or artistic work made by, or under 
the direction or control of, the Commonwealth or the State, as the case may be. 
 
177  Crown copyright in original works first published in Australia under direction of Crown 
 
  Subject to this Part and to Part X, th e Commonwealth or a State is the owner of the 
copyright in an original literary, dramatic, musical or artistic work first published in 
Australia if first published by, or under the direction or control of, the Commonwealth or the State, as the case may be. 
 
178  Crown copyright in recordings and films made under direction of Crown 
 
 (1) Where, apart from this section, copyri ght would not subsist in a sound recording or 
cinematograph film made by, or under the direction or control of, the Commonwealth or a State, copyright subsists in the recording or film by virtue of this subsection. 
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   (2) The Commonwealth or a State is, subject to this Part and to Part X, the owner of the 
copyright in a sound recording or cinematogr aph film made by, or under the direction 
or control of, the Commonwealth or the State, as the case may be. 
 
179  Provisions relating to ownership of copyright may be modified by agreement 
 
  The last three preceding sections have eff ect subject to any agreement made by, or on 
behalf of, the Commonwealth or a State with the author of the work or with the maker 
of the sound recording or cinematograph film, as the case may be, by which it is agreed that the copyright in the work, recording or film is to vest in the author or 
maker, or in another person specified in the agreement. 
 
180  Duration of Crown copyright in original works 
 
 (1) Copyright in a literary, dramatic or musical work of which the Commonwealth or a 
State is the owner, or would, but for an agreement to which the last preceding section 
applies, be the owner: 
               (a) where the work is unpublished—continues to subsist so long as the work 
remains unpublished; and 
              (b) where the work is publis hed—subsists, or, if copyri ght in the work subsisted 
immediately before its first publication, continues to subsist, until the 
expiration of 50 years after the expirati on of the calendar year in which the 
work was first published. 
  (2) Subject to the next succeeding subsection, copyright in an artistic  work of which the 
Commonwealth or a State is the owner, or would, but for an agreement to which the 
last preceding section applies, be the owne r, continues to subsist until the expiration 
of 50 years after the expiration of the calendar year in which the work was made. 
  (3) Copyright in an engraving or photograph of which the Commonwealth or a State is 
the owner, or would, but for an agreement to which the last preceding section applies, 
be the owner, continues to subsist until th e expiration of 50 years after the expiration 
of the calendar year in which the engr aving or photograph is first published. 
 
181  Duration of Crown copyright in recordings and films 
   Copyright in a sound recording or cine matograph film of which the Commonwealth 
or a State is the owner, or would, but for the operation of an agreement to which 
section 179 applies, be the owner, subsists  until the expiration of 50 years after the 
expiration of the calendar year in which th e recording or film is first published. 
 
182  Application of Parts III and IV to copyright subsisting by virtue of this Part 
 
 (1) Part III (other than the provisions of that  Part relating to the subsistence, duration or 
ownership of copyright) applies in relation to copyright subsisting by virtue of this 
Part in a literary, dramatic, musical or artistic work in like manner as it applies in relation to copyright subsisting in such a work by virtue of that Part. 
 
 (2) Part IV (other than the provisions of th at Part relating to the subsistence, duration or 
ownership of copyright) applies in relation to copyright subsisting by virtue of this 
Part in a sound recording or cinematograph film in like manner as it applies in relation to copyright subsisting in such a recording or film by virtue of that Part.  IP/N/1/AUS/C/3 
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182A  Copyright in statutory instruments and judgments etc. 
 
 (1) The copyright, including any prerogative right or privilege of the Crown in the nature 
of copyright, in a prescribed work is no t infringed by the making, by reprographic 
reproduction, of one copy of the whole or of a part of that work by or on behalf of a 
person and for a particular purpose. 
  (2) Subsection (1) does not apply to the making, by reprographic reproduction, of a copy 
of the whole or a part of the work, where a charge is made for making and supplying 
that copy, unless the amount of the charge does not exceed the cost of making and 
supplying that copy. 
  (3) In subsection (1), a prescribed work  means: 
 
              (a) an Act or State Act, an  enactment of the legislature of a Territory or an 
instrument (including an Ordinance or a rule, regulation or by-law) made under an Act, a State Act or such an enactment; 
              (b) a judgment, order or aw ard of a Federal court or of a court of a State or 
Territory; 
              (c) a judgment, order or awar d of a Tribunal (not being a court) established by or 
under an Act or other enactment of the Commonwealth, a State or a 
Territory; 
              (d) reasons for a decision of a court referred to in paragraph (b), or of a Tribunal 
referred to in paragraph (c), given by the court or by the Tribunal; or 
              (e) reasons given by a Justi ce, Judge or other member of a court referred to in 
paragraph (b), or of a member of a Trib unal referred to in paragraph (c), for a 
decision given by him or her either as the sole member, or as one of the members, of the court or Tribunal. 
 
Division 2—Use of copyright material for the Crown 
 
182B  Definitions  
 (1) Subject to subsection (2), in this Division: 
 
  copyright material  means: 
 
  (a) a work; or   (b) a published edition of a work; or   (c) a sound recording; or   (d) a cinematograph film; or   (e) a television or sound broadcast; or 
              (f) a work that is included in a sound recording, a cinematograph film or a 
television or sound broadcast. 
 
  government  means the Commonwealth or a State. 
 
 
                Note: State includes the Australian Capital Territory, the Northern Territory and Norfolk Island: see 
paragraph 10(3)(n), as modified by the A.C. T. Self-Government (C onsequential Provisions) 
Regulations (Amendment) (Statutory Rules 1989 No. 392). 
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    government copy  means a reproduction in a material form of copyright material made 
under subsection 183(1). 
  (2) A reference in subsection (1) to a work does not include a reference to a literary work 
that consists of a computer program or a compilation of computer programs. 
 
182C  Relevant collecting society 
 
  A company is the relevant collecting societ y in relation to a government copy if there 
is in force, under Division 3 of Part VI, a declaration of the company as the collecting 
society for the purposes of this Division in relation to: 
   (a) all government copies; or               (b) a class of government copies that includes the first-mentioned government 
copy. 
 
183  Use of copyright material for the services of the Crown 
 
 
 (1) The copyright in a literary, dramatic, mu sical or artistic work or a published edition 
of such a work, or in a sound recording, cinematograph film, television broadcast or sound broadcast, is not infringed by the Commonwealth or a State, or by a person 
authorized in writing by the Commonwealth or a State, doing any acts comprised in 
the copyright if the acts are done for the services of the Commonwealth or State. 
  (2) Where the Government of the Co mmonwealth has made an agreement or 
arrangement with the Government of some  other country for the supply to that 
country of goods required for the defence of that country: 
               (a) the doing of any act in connexion with the supply of those goods in 
pursuance of the agreement or arrangement; and 
              (b) the sale to any person of such of those goods as are not required for the 
purposes of the agreement or arrangement; 
  shall, for the purposes of the last precedi ng subsection, be each deemed to be for the 
services of the Commonwealth. 
  (3) Authority may be given under subsection (1) before or after the acts in respect of 
which the authority is given have been  done, and may be given to a person 
notwithstanding that he or she has a licence granted by, or binding on, the owner of 
the copyright to do the acts. 
  (4) Where an act comprised in a copyri ght has been done under subsection (1), the 
Commonwealth or State shall, as soon as possible, unless it appears to the 
Commonwealth or State that it would be contrary to the public interest to do so, 
inform the owner of the copyright, as prescr ibed, of the doing of the act and shall 
furnish him or her with such information as to the doing of the act as he or she from 
time to time reasonably requires. 
  (5) Where an act comprised in a copyright has been done under subsection (1), the terms 
for the doing of the act are such terms as ar e, whether before or after the act is done, 
agreed between the Commonwealth or the Stat e and the owner of the copyright or, in 
default of agreement, as are fixed by the Copyright Tribunal. 
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   (6) An agreement or licence (whether made or granted before or after the commencement 
of this Act) fixing the terms upon which a person other than the Commonwealth or a 
State may do acts comprised in a copyright is inoperative with respect to the doing of those acts, after the commencement of this  Act, under subsection (1), unless the 
agreement or licence has been approve d by the Attorney-General of the 
Commonwealth or the Attorney-General of the State. 
  (7) Where an article is sold and the sale is not, by virtue of subsection (1), an 
infringement of a copyright, the purchaser of the article, and a person claiming through him or her, is entitled to deal with the article as if the Commonwealth or 
State were the owner of that copyright. 
  (8) An act done under subsection (1) does not constitute publication of a work or other 
subject-matter and shall not be taken into account in the application of any provision 
of this Act relating to the duration of any copyright. 
 
 (9) Where an exclusive licence is in force in relation to any copyright, the preceding 
subsections of this section have effect as if  any reference in those subsections to the 
owner of the copyright were a re ference to the exclusive licensee. 
  (11) The reproduction, copying or communication of the whole or a part of a work or 
other subject-matter for the educational pur poses of an educational institution of, or 
under the control of, the Commonwealth, a Stat e or the Northern Territory shall, for 
the purposes of this section, be deemed not to be an act done for the services of the Commonwealth, that State or the Northern Territory. 
 183A  Special arrangements for copying for services of government 
 
 (1) Subsections 183(4) and (5) do not apply in relation to a government copy (whenever 
it was made) if a company is the relevant collecting society for the purposes of this 
Division in relation to the copy and the company has not ceased operating as that collecting society. 
 
 (2) If subsection 183(5) does not apply to gove rnment copies made in a particular period 
for the services of a government, the govern ment must pay the relevant collecting 
society in relation to those copies (other than excluded copies) equitable remuneration worked out for that period using a method: 
 
  (a) agreed on by the collecting society and the government; or   (b) if there is no agreement—determ ined by the Tribunal under section 153K. 
  (3) The method of working out equitable remuneration payable to a collecting society in 
respect of government copies (other than excluded copies) for a period must: 
 
              (a) take into account the es timated number of those copies made for the services 
of the government during the period, being copies in relation to which the 
society is the relevant collecting society; and 
              (b) specify the sampling system to be used for estimating the number of copies 
for the purposes of paragraph (a). 
  (4) The method of working out the equitable remuneration payable may provide for 
different treatment of different ki nds or classes of government copies. 
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   (5) Subsections (3) and (4) apply whether the method is agreed on by the collecting 
society and the government or is determined by the Tribunal. 
  (6) In this section: 
 
  excluded copies  means government copies in respect of which it appears to the 
government concerned that it would be cont rary to the public interest to disclose 
information about the making of the copies. 
 
183B  Payment and recovery of equitable re muneration payable for government copies 
 
 (1) Equitable remuneration payable to a collecting society under subsection 183A(2) 
must be paid: 
               (a) in the manner, and at the times, agreed on by the collecting society and the 
government; or 
              (b) if the Tribunal has made an order under subsection 153K(3) specifying how 
and when payments are to be made—in the manner, and at the times, specified in the order. 
  (2) If equitable remuneration is not paid  in accordance with the agreement or the 
Tribunal’s order, the collecting society may recover the remuneration as a debt due to 
the society in a court of competent jurisdiction. 
 
183C  Powers of collecting society to carry out sampling 
  (1) This section applies if the method of working out equitable remuneration payable 
under subsection 183A(2) for government c opies made for the services of a 
government has been agreed on by the govern ment and the relevant collecting society 
or has been determined by the Tribunal. 
  (2) The collecting society may give written notice to the government that the society 
wishes to carry out sampling in accordance with the method during a specified period 
at specified premises occupied by the gove rnment. The period specified must not start 
earlier than 7 days after the day on which the notice is given. 
  (3) The government may give the collecting society a written objection, based on 
reasonable grounds, to the proposal to carry out sampling during the period, or at the 
premises, specified in the notice. However,  if it does so, the notice of objection must 
propose an alternative period during which, or  alternative premises at which, as the 
case may be, sampling may be carried out. 
  (4) If the government gives the collecting society an objection, sampling may not be 
carried out during the period, or at the prem ises, to which the objection relates unless 
the objection is withdrawn. 
  (5) If the government has not objected, or has withdrawn any objection it made, before or 
during the specified period, a person authorised in writing by the society may, during 
that period, enter the premises specified in the notice and carry out sampling in 
accordance with the method on any ordinary working day for government staff who 
work in the premises. 
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 Page 203 
 
 
   (6) The government must take reasonable step s to ensure that the person who attends at 
the premises is given all reasonable and necessary facilities and assistance for 
carrying out the sampling. 
 
183D  Annual report and accounts of collecting society 
 
 (1) As soon as practicable after the end of each financial year, a company that was a 
collecting society during any part of the year must prepare a report of its operations as a collecting society during the year a nd send a copy of the report to the 
Attorney-General. 
 
 (2) A collecting society must keep accounting records correctly recording and explaining 
the transactions of the society (including an y transactions as trustee) and the financial 
position of the society. 
 
 (3) Accounting records must be kept in a manner that will enable true and fair accounts 
of the society to be prepared  from time to time and to be conveniently and properly 
audited. 
  (4) As soon as practicable after the end of each financial year, a company that was a 
collecting society during any part of the year must: 
 
              (a) have its accounts audited by an auditor who is not a member of the society; 
and 
              (b) give a copy of the a udited accounts and the auditor’s report on the audit to the 
Attorney-General. 
 
 (5) The Attorney-General must cause  a copy of a document given to the 
Attorney-General under subsection (1) or pa ragraph (4)(b) to be laid before each 
House of the Parliament within 15 sitting days of that House after the Attorney-General received the document. 
 
 (6) A collecting society must give its members reasonable access to copies of: 
   (a) all reports and audited accounts pr epared by it under this section; and 
  (b) all auditors’ reports on the audit of the accounts.  
 (7) This section does not affect any obligations of a collecting society relating to the 
preparation and lodging of annual returns or accounts under the law under which it is 
incorporated. 
 
183E  Alteration of rules of collecting society 
   If a collecting society alters its rules, it must  give a copy of the altered rules, together 
with a statement of the effects of, a nd reasons for, the alteration, to the 
Attorney-General and the Tribunal within 21 days after the day on which the alteration was made. 
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  Part VIII—Extension or restriction of operation of Act 
   184  Application of Act to countries other than Australia 
 
 (1) Subject to this section, the regulations may make provision applying any of the 
provisions of this Act (other than those of Part XIA) specified in the regulations, in 
relation to a country (other than Australia) so specified, in any one or more of the following ways: 
               (a) so that the provisions ap ply in relation to literary, dramatic, musical or artistic 
works or editions first published, or s ound recordings or cinematograph films 
made or first published, in that c ountry in like manner as those provisions 
apply in relation to literary, dramatic, musical or artistic works or editions 
first published, or sound recordings or  cinematograph films made or first 
published, in Australia; 
              (b) so that the provisions apply in relation to artistic works that are buildings 
situated in that country or are attached to, or form part of, buildings situated in that country in like manner as those provisions apply in relation to artistic 
works that are buildings situated in Aust ralia or are attached to, or form part 
of, buildings situated in Australia; 
              (c) so that the provisions appl y in relation to persons who, at a material time, are 
citizens or nationals of that country in  like manner as those provisions apply 
in relation to persons who, at such a time, are Australian citizens; 
              (d) so that the provisions appl y in relation to persons who, at a material time, are 
resident in that country in like manner as those provisions apply in relation to persons who, at such a time, are resident in Australia; 
              (e) so that the provisions apply in relation to bodies incorporated under the law 
of that country in like manner as those provisions apply in relation to bodies incorporated under a law of the Commonwealth or of a State; 
              (f) so that the provisions apply in relation to television broadcasts and sound 
broadcasts made from places in that co untry by persons entitled under the law 
of that country to make such broadcasts in like manner as those provisions 
apply in relation to television broa dcasts and sound broadcasts made from 
places in Australia by the Australian Broadcasting Corporation, by the Special Broadcasting Service Corporation, by a holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services 
Act 1992 or by a person authorised to make the broadcast by a class licence 
determined by that Authority under that Act. 
  (2) Regulations applying a provision of this  Act in relation to a country other than 
Australia in accordance with the last preceding subsection: 
               (a) may apply the provision without exception or modification or subject to such 
exceptions or modifications as are specified in the regulations; and 
              (b) may apply the provision either generally or in relation to such classes of 
works or other subject-matter, or other classes of cases, as are specified in the 
regulations. 
 
 (3) Regulations applying any of the provisions  of this Act in relation to a country, not 
being a country that is a party to a Convention relating to copyright to which Australia is also a party, shall not be made unless the Governor-General is satisfied that, in respect of the class of works or ot her subject-matter to which those provisions  IP/N/1/AUS/C/3 
 Page 205 
 
 
  relate, provision has been or will be made under the law of that country by virtue of 
which adequate protection is or will be give n to owners of copyright under this Act. 
  (4) Where:  
              (a) the identity of the author of an unpublished work is unknown but there are 
reasonable grounds for believing that the au thor of the work was, at the time 
when, or for a substantial part of the period during which, the work was made, a citizen or national of a country other than Australia; 
              (b) under the law of that coun try, a person is authorized to represent the author, 
or to protect and enforce the rights of the author, in relation to that work; and 
              (c) provision is made by th e regulations applying any of the provisions of this 
Act in relation to works made by citi zens or nationals of that country; 
  that person shall, for the purposes of tho se provisions as so applying, be treated as if 
he were the author of the work. 
 
185  Denial of copyright to citizens of countri es not giving adequate protection to Australian 
works 
 
 (1) If it appears to the Governor-General that  the law of a country does not give adequate 
protection to Australian works, or does not give adequate protection in relation to a 
class or classes of such works (whether the l ack of protection relates to the nature of 
the work or the nationality, citizenship or country of residence of its author, or all of those matters), the regulations may make pr ovision in relation to that country in 
accordance with the next succeeding subsection. 
 
 (2) Regulations made for the purposes of this section may provide, either generally or in 
such classes of cases as are specified in the regulations , that copyright under this Act 
does not subsist in works first published af ter a date specified in the regulations 
(which may be a date before the commenc ement of the regulations or before the 
commencement of this Act) if, at the time of  the first publication of those works, the 
authors of the works were or are: 
 
              (a) citizens or nationals of a country specified in the regulations, not being at that 
time persons resident in Australia; or 
              (b) in the case of works being sound recordings or cinematograph films—bodies 
incorporated under the law of a country specified in the regulations. 
 
 (3) In making regulations for the purposes of this section, the Governor-General shall 
have regard to the nature and extent of th e lack of protection for Australian works by 
reason of which the regulations are made. 
  (4) In this section:  
  Australian work  means a work the author of which was, at the time when the work 
was made, a qualified person for the purposes of  the relevant provision of this Act. 
 
  author , in relation to a sound recording or a cinematograph film, means the maker of 
the recording or film. 
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    the relevant provision of this Act  means: 
               (a) in relation to a litera ry, dramatic, musical or artistic work—section 32; and 
              (b) in relation to a sound recording or a cinematograph film—Part IV. 
 
  w o r k  means a literary, dramatic, musical or artistic work, a sound recording or a 
cinematograph film. 
 
186  Application of Act to international organizations 
  (1) Where it appears to the Governor-General that it is desirable that this Act should 
apply in relation to an organization: 
               (a) of which 2 or more countries, or the Governments of 2 or more countries, are 
members; or 
              (b) that is constituted by persons representing 2 or more countries, or 
representing the Governments of 2 or more countries; 
  the regulations may declare that organiza tion to be an international organization to 
which this Act applies. 
  (2) An international organization to which th is Act applies that otherwise does not have, 
or at some material time otherwise did not have, the legal capacities of a body 
corporate has, and shall be deemed at a ll material times to have had, the legal 
capacities of a body corporate for the purpo se of holding, dealing with and enforcing 
copyright and for the purposes of all le gal proceedings relating to copyright. 
 187  Original works made or first published by international organizations 
 
 (1) Where an original literary, dramatic, musical or artistic work is made by, or under the 
direction or control of, an international orga nization to which this Act applies in such 
circumstances that copyright would not, ap art from this subsection, subsist in the 
work: 
 
  (a) copyright subsists in the work;   (b) that copyright subsists so long as the work remains unpublished; and   (c) the organization is, subject to Part X, the owner of that copyright.  
 (2) Where an original literary, dramatic, musi cal or artistic work is first published by, or 
under the direction or control of, an inte rnational organization to which this Act 
applies in such circumstances that copyri ght would not, apart from this subsection, 
subsist in the work immediately after the first publication of the work: 
               (a) copyright subsists in  the work, or, if copyright in the work subsisted 
immediately before its first publication,  continues to subsist in the work; 
              (b) that copyright subsists until the expiration of 50 years after the expiration of 
the calendar year in which the work was first published; and 
  (c) the organization is, subject to Part X, the owner of that copyright.  
 (3) Part III, other than the provisions of that  Part relating to the subsistence, duration or 
ownership of copyright, applies in relation to  copyright subsisting by virtue of this 
section in like manner as it applies in relation to copyright subsisting by virtue of that 
Part. 
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  188  Subject-matter, other than original works, made or first published by international 
organizations 
 
 (1) Where a sound recording or a cinematogra ph film is made by, or under the direction 
or control of, an international organiza tion to which this Act applies in such 
circumstances that copyright would not, ap art from this subsection, subsist in the 
recording or film: 
   (a) copyright subsists in the recording or film;               (b) that copyright subsists  so long as the recording or film remains unpublished; 
and 
  (c) the organization is, subject to Part X, the owner of that copyright.   (2) Where a sound recording or a cinematogra ph film is first published by, or under the 
direction or control of, an international orga nization to which this Act applies in such 
circumstances that copyright would not, ap art from this subsection, subsist in the 
recording or film immediately after the first publication of the recording or film: 
               (a) copyright subsists in the recording or film, or, if copyright in the recording or 
film subsisted immediately before its fi rst publication, continues to subsist in 
the recording or film; 
              (b) that copyright subsists until the expiration of 50 years after the expiration of 
the calendar year in which the record ing or film was first published; and 
  (c) the organization is, subject to Part X, the owner of that copyright.   (3) Where an edition of a literary, dramatic, musical or artistic work or of 2 or more 
literary, dramatic, musical or artistic works,  other than an edition that reproduces a 
previous edition of the same work or works,  is published by, or under the direction or 
control of, an international organizati on to which this Act applies in such 
circumstances that copyright would not, ap art from this subsection, subsist in the 
edition immediately after the first publication of the edition: 
 
  (a) copyright subsists in the edition; 
              (b) that copyright subsists until the expiration of 25 years after the expiration of 
the calendar year in which the edition was first published; and 
  (c) the organization is, subject to Part X, the owner of that copyright.  
 (4) Part IV, other than the provisions of that  Part relating to the subsistence, duration or 
ownership of copyright, applies in relation to  copyright subsisting by virtue of this 
section in like manner as it applies in relation to copyright subsisting by virtue of that 
Part. 
 
Part IX—Moral rights of authors of literary, dramatic, musical or artistic works and 
cinematograph films 
 Division 1—Preliminary  189  Definitions 
 
  In this Part, unless the contrary intention appears: 
 
  act of false attribution  has the meaning given by subsection 195AC(2).  
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    artistic work means an artistic work in which copyright subsists.  
 
  attributable act  has the meaning given by subsection 193(2).  
 
  attributor  has the meaning given by subsection 195AC(2).  
 
  author , in relation to a cinematograph film, means the maker of the film.  
 
  cinematograph film  means the complete and final version of a cinematograph film in 
which copyright subsists.  
 
  deal  means sell, let for hire, by way of trade offer or expose for sale or hire, exhibit in 
public, or distribute and, in Division 3, includes publish.  
 
  derogatory treatment has the relevant meaning given by Division 4.  
 
  director , in relation to a cinematograph film, has a meaning affected by section 191.  
 
  dramatic work means a dramatic work in which copyright subsists.  
 
  infringing article  means: 
 
              (a) an article that embodi es a literary, dramatic, musical or artistic work, or a 
cinematograph film, whether or not th e article bears or contains other 
material; or 
              (b) a reproduction of, or of an adaptation of, a literary, dramatic or musical work; 
or 
  (c) a reproduction of an artistic work; or   (d) a copy of a cinematograph film;   being a work or film in respect of which a moral right of the author has been 
infringed, other than by derogatory treatment not involving the material distortion or alteration of, or the mutilation of, the work or film. 
 
  literary work means a literary work in which copyright subsists. 
 
  maker , in relation to a cinematograph film, means the director of the film, the 
producer of the film and the screenwriter of the film.  
 
  moral right  means: 
   (a) a right of attribution of authorship; or   (b) a right not to have authorship falsely attributed; or    (c) a right of integrity of authorship.  
 
  musical work means a musical work in which copyright subsists.  
 
  n a m e , in Division 3, includes a pseudonym, initials or a monogram. 
 
  person representing the author , in relation to a possible infringement of any of an 
author’s moral rights in respect of a work, means a person who, under subsection 195AN(1) or (2), is entitled to exercise and enforce the moral right concerned. 
 
  producer , in relation to a cinematograph film, has the meaning given by section 191.  IP/N/1/AUS/C/3 
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  right of attribution of authorship  has the meaning given by Division 2.  
 
  right of integrity of authorship  has the meaning given by Division 4. 
 
  right not to have authorship falsely attributed  has the meaning given by Division 3.  
 
  screenwriter , in relation to a cinematograph f ilm, means the person who wrote the 
script or screenplay of the film, as that meaning is affected by section 191. 
 
  w o r k  means a literary work, a dramatic work, a musical work, an artistic work or a 
cinematograph film. 
 
190  Moral rights conferred on individuals 
   Only individuals have moral rights. 
 
191  Director, producer and screenwriter of cinematograph film 
 
 (1) A reference in this Part to the director  of a cinematograph film in the direction of 
which 2 or more individuals were involved is  a reference to the principal director of 
the film and does not include a reference to any subsidiary director, whether 
described as an associate director, line director , assistant director or in any other way. 
  (2) A reference in this Part to the producer  of a cinematograph film is a reference to: 
 
  (a) the individual who was the producer of the film; or 
              (b) if there were 2 or mo re individuals involved in the production of the film—
the individual who was the principal producer of the film; 
  and does not include a reference to any subsidiary producer, whether described as an 
executive producer, associate producer, line producer, assistant producer or in any 
other way. 
 
 (3) As only individuals have moral rights  (see section 190), if the producer of a 
cinematograph film was a body corporate, the only moral rights in respect of the film are those of the director and screenwriter. 
 
 (4) A reference in this Part to the screen writer of a cinematograph film for which 2 or 
more individuals were involved in the writing of the script or screenplay is a reference to the principal screenwriter. 
 
              
Note: If there were 2 or more principal directors,  2 or more individuals who were the principal 
producers, or 2 or more principal screenwrit ers, of a cinematogra ph film, section 195AZJ, 
195AZK or 195AZL applies. 
 
192  Rights to be additional to other rights 
 
  The moral rights of the author of a work are in addition to any other rights in relation 
to the work that the author or anyone else has under this Act. 
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  Division 2—Right of attribution of authorship 
 193  Author’s right of attribution of authorship 
 
 (1) The author of a work has a right of attr ibution of authorship in respect of the work. 
 
 (2) The author’s right is the right to be id entified in accordance with this Division as the 
author of the work if any of the acts (the attributable acts ) mentioned in section 194 
are done in respect of the work. 
 194  Acts giving rise to right of attribution of authorship 
 
 (1) If the work is a literary, dramatic or musical work, the attributable acts  are the 
following: 
 
  (a) to reproduce the work in a material form; 
  (b) to publish the work;    (c) to perform the work in public;   (d) to communicate the work to the public;   (e) to make an adaptation of the work.  
 (2) If the work is an artistic work, the attributable acts  are the following: 
   (a) to reproduce the work in a material form;   (b) to publish the work;    (c) to exhibit the work to the public; 
  (d) to communicate the work to the public. 
  (3) If the work is a cinematograph film, the attributable acts  are the following: 
   (a) to make a copy of the film;   (b) to exhibit the film in public; 
  (c) to communicate the film to the public. 
 
195  Nature of the identification of author 
 
 (1) Subject to subsection (2), the author of  a work may be identified by any reasonable 
form of identification. 
  (2) If:                (a) the author of a work h as made known, either genera lly or to a person who is 
required under this Part to identify the author, that the author wishes to be 
identified in a particular way; and 
  (b) the identification of the author in th at way is reasonable in the circumstances; 
  the identification is to be made in that way.  
195AA  Identification of author to be clear and reasonably prominent 
 
  An identification of the author of a wo rk must be clear and reasonably prominent. 
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  195AB  What is a reasonably prominent identification 
 
  When a literary, dramatic, musical or artis tic work is reproduced in a material form, 
an adaptation is made of a literary, dram atic or musical work, or a copy of a 
cinematograph film is made, an identificati on of the author is taken to be reasonably 
prominent if it is included on each reproducti on of the work or of the adaptation or on 
each copy of the film, as the case may be, in such a way that a person acquiring the reproduction or copy will have notice of the author’s identity. 
 
Division 3—Right not to have authorship of a work falsely attributed 
 
195AC  Author’s right not to have authorship falsely attributed 
 
 (1) The author of a work has a right not to ha ve authorship of the work falsely attributed. 
 
 (2) The author’s right is the right not to have a person (the attributor ) do, in respect of 
the work, any of the acts (the acts of false attribution ) mentioned in the following 
provisions of this Division. 
 
195AD  Acts of false attribution of authorship of a literary, dramatic or musical work 
   If the work is a literary, dramatic or musical  work, it is an act of false attribution in 
relation to the author of the work: 
               (a) to insert or affix, or to authorise the inserting or affixing of, a person’s name 
in or on the work, or in or on a reproduction of the work, in such a way as: 
 
                           (i) to imply falsely that the person is the author or an author of the work; 
or 
                           (ii) to imply falsely that the work is an adaptation of a work of the 
person; or 
 
              (b) to deal with the work with a person’s name so inse rted or affixed, if the 
attributor knows that the person is not an author of the work or that the work is not an adaptation of a work of the person, as the case may be; or 
              (c) to deal with a reproduc tion of the work, being a reproduction in or on which a 
person’s name has been so inserted or affi xed, if the attributor knows that the 
person is not an author of the work or that the work is not an adaptation of a 
work of the person, as the case may be; or 
              (d) to perform the work in public, or communicate it to the public, as being a 
work of which a person is the author or as being an adaptation of a work of a person, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of  the work of the person, as the case may 
be. 
195AE  Acts of false attribution of authorship of artistic work 
 
 (1) This section applies if the work is an artistic work.  
 (2) It is an act of false attribution in relation to the author of the work: 
               (a) to insert or affix, or to authorise the inserting or affixing of, a person’s name 
in or on the work, or in or on a reproduction of the work, or to use, or to authorise the use of, a person’s name in connection with the work, or in IP/N/1/AUS/C/3 
Page 212  
 
  connection with a reproduction of the work, in such a way as to imply falsely 
that the person is an author of the work; or 
              (b) to deal with the work with a person’s name so inse rted or affixed, if the 
attributor knows that the person is not an author of the work; or 
              (c) to deal with a reproduc tion of the work, being a reproduction in or on which a 
person’s name has been so inserted or affi xed, if the attributor knows that the 
person is not an author of the work; or 
              (d) to communicate the work  to the public as being a work of which a person is 
the author, if the attributor knows that the person is not an author of the work. 
 195AF  Acts of false attribution of authorship of cinematograph film 
 
 (1) This section applies if the work is a cinematograph film.   (2) It is an act of false attribution in rela tion to the director, producer or screenwriter of 
the film: 
               (a) to insert or affix, or to authorise the inserting or affixing of, a person’s name 
on the film or on a copy of the film in such a way as to imply falsely that the person is the director, producer or screenwriter, as the case may be, of the film; or 
              (b) to deal with the film or  a copy of the film if a person’s name has been so 
inserted or affixed on the film or a copy, as the case may be, and the attributor knows that the person is not the director, producer or screenwriter, 
as the case may be, of the film; or 
              (c) to communicate the film to the public as being a film of which a person is the 
director, producer or screenwriter, as the case may be, if the attributor knows 
that the person is not the director, producer or screenwriter of the film. 
 
195AG  Acts of false attribution of authorship of  altered literary, dramatic, musical or artistic 
work 
  (1) If the work is a literary, dramatic, musical or artistic work that has been altered by a 
person other than the author of the work, it is  an act of false attribution in relation to 
the author of the work: 
               (a) to deal with the work as so altered, as being the unaltered work of the author; 
or 
              (b) to deal with a reproduction of the work as so altered, as being a reproduction 
of the unaltered work of the author; 
  if, to the knowledge of the attributor, it is not the unaltered work or a reproduction of 
the unaltered work, as the case may be, of the author. 
 
 (2) Subsection (1) does not apply if: 
   (a) the effect of the alteration is insubstantial; or               (b) the alteration was required by law to be made, or was otherwise necessary to 
avoid a breach of any law. 
 
195AH  Act of false attribution of authorship of altered cinematograph film 
 
 (1) If the work is a cinematograph film that  has been altered by a person other than the 
maker of the film, it is an act of false attribution in relation to the director, the  IP/N/1/AUS/C/3 
 Page 213 
 
 
  producer and the screenwriter of the film to deal with a copy of the film as so altered, 
as being a copy of the unaltered film, if, to the knowledge of the attributor, the copy of the film is not a copy of the unaltered film. 
  (2) Subsection (1) does not apply if: 
 
  (a) the effect of the alteration is insubstantial; or               (b) the alteration was required by law to be made, or was otherwise necessary to 
avoid a breach of any law. 
 Division 4—Right of integrity of authorship of a work  195AI  Author’s right of integrity of authorship 
 
 (1) The author of a work has a right of inte grity of authorship in respect of the work. 
 
 (2) The author’s right is the right not to have the work subjected to derogatory treatment.  
195AJ  Derogatory treatment of liter ary, dramatic or musical work 
 
  In this Part:  
  derogatory treatment , in relation to a literary, dramatic or musical work, means: 
               (a) the doing, in relation to  the work, of anything that results in a material 
distortion of, the mutilation of, or a material alteration to, the work that is 
prejudicial to the author’s honour or reputation; or 
              (b) the doing of anything else  in relation to the work that is prejudicial to the 
author’s honour or reputation. 
 
195AK  Derogatory treatment of artistic work 
   In this Part: 
 
  derogatory treatment , in relation to an artistic work, means: 
               (a) the doing, in relation to  the work, of anything that results in a material 
distortion of, the destruction or mutilation of, or a material alteration to, the 
work that is prejudicial to the author’s honour or reputation; or 
              (b) an exhibition in public of  the work that is prejudicial to the author’s honour 
or reputation because of the manner or place in which the exhibition occurs; 
or 
              (c) the doing of anything else  in relation to the work that is prejudicial to the 
author’s honour or reputation. 
 
195AL  Derogatory treatment of cinematograph film 
 
  In this Part:  
  derogatory treatment , in relation to a cinematograph film, means: 
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                (a) the doing, in relation to the film, of anything that results in a material 
distortion of, the mutilation of, or a material alteration to, the film that is prejudicial to the maker’s honour or reputation; or 
              (b) the doing of anything else in relation to the film that is prejudicial to the 
honour or reputation of the maker of the film. 
 
Division 5—Duration and exercise of moral rights 
 195AM  Duration of moral rights 
  (1) An author’s right of integrity of authorship in respect of a cinematograph film 
continues in force until the author dies. 
  (2) An author’s right of integrity of authorship in respect of a work other than a 
cinematograph film continues in force un til copyright ceases to subsist in the work. 
 
 (3) An author’s moral rights (other than the ri ght of integrity of authorship) in respect of 
a work continue in force until copy right ceases to subsist in the work. 
 
195AN  Exercise of moral rights 
  (1) If the author of a work dies, the author’s moral rights (other than the right of integrity 
of authorship in respect of a cinematograph film) in respect of the work may be exercised and enforced by his or  her legal personal representative. 
  (2) If the affairs of the author of a work are lawfully administered by another person 
(except under a law for the relief of bankrupt or insolvent debtors), the author’s moral 
rights may be exercised and enforced by the person administering his or her affairs. 
  (3) Subject to this section, a moral right in  respect of a work is not transmissible by 
assignment, by will, or by devolution by operation of law. 
 
 (4) If: 
   (a) a cinematograph film; or               (b) a literary, dramatic, mu sical or artistic work as included in a cinematograph 
film; 
  has 2 or more authors, the authors may enter into a written co-authorship agreement 
by which each of them agrees not to exercise his or her right of integrity of authorship in respect of the film or work, as the case may be, except jointly with the other author 
or authors. 
  (5) A co-authorship agreement has effect according to its terms. 
 
Division 6—Infringement of moral rights 
 195AO  Infringement of right of attribution of authorship 
   Subject to this Division, a person infringes an author’s right of attribution of 
authorship in respect of a work if the person does, or authorises the doing of, an 
attributable act in respect of the work without the identification of the author in accordance with Division 2 as th e author of the work.  
  IP/N/1/AUS/C/3 
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  195AP  Infringement of right not to have authorship falsely attributed 
 
  Subject to this Division, a person infringes an author’s right not to have authorship of 
a work falsely attributed if the person does an  act of false attribution in respect of the 
work.  
 
195AQ  Infringement of right of integrity of authorship 
 
 (1) This section has effect subject to this Division.  
 (2) A person infringes an author’s right of inte grity of authorship in respect of a work if 
the person subjects the work, or authorises th e work to be subjected, to derogatory 
treatment. 
  (3) If a literary, dramatic or musical work has been subjected to derogatory treatment of a 
kind mentioned in paragraph (a) of the definition of derogatory treatment  in section 
195AJ that infringes the author’s right of in tegrity of authorship in respect of the 
work, a person infringes the author’s right of integrity of authorship in respect of the 
work if the person does any of the following in  respect of the work as so derogatorily 
treated: 
 
  (a) reproduces it in a material form; 
  (b) publishes it;   (c) performs it in public;   (d) communicates it to the public;   (e) makes an adaptation of it. 
 
 (4) If an artistic work has been subjected to  derogatory treatment of a kind mentioned in 
paragraph (a) of the definition of derogatory treatment  in section 195AK that 
infringes the author’s right of integrity of au thorship in respect of the work, a person 
infringes the author’s right of integrity of authorship in respect of the work if the 
person does any of the following in respect of the work as so derogatorily treated: 
 
  (a) reproduces it in a material form;   (b) publishes it;   (c) communicates it to the public.  
 (5) If a cinematograph film has been subj ected to derogatory treatment of a kind 
mentioned in paragraph (a) of the definition of derogatory treatment  in section 
195AL that infringes the author’s right of in tegrity of authorship in respect of the 
film, a person infringes the author’s right of integrity of authorship in respect of the 
film if the person does any of the following in  respect of the film as so derogatorily 
treated: 
 
  (a) makes a copy of it;   (b) exhibits it;   (c) communicates it to the public.  IP/N/1/AUS/C/3 
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  195AR  No infringement of right of attribution of authorship if it was rea sonable not to identify 
the author 
 
 (1) A person who does, or authorises the doing of, an attributable act in respect of a work 
does not, because the author of the work is not identified, infringe the author’s right 
of attribution of authorship in respect of the work if the person establishes that it was 
reasonable in all the circumstan ces not to identify the author. 
  (2) The matters to be taken into account in determining for the purposes of subsection (1) 
whether it was reasonable in particular circ umstances not to identify the author of a 
literary, dramatic, musical or artis tic work include the following: 
   (a) the nature of the work;   (b) the purpose for which the work is used;   (c) the manner in which the work is used; 
  (d) the context in which the work is used; 
              (e) any practice, in the industr y in which the work is used, that is relevant to the 
work or the use of the work; 
              (f) any practice contained in a voluntary code of practice, in the industry in 
which the work is used, that is relevant  to the work or the use of the work; 
              (g) any difficulty or e xpense that would have been incurred as a result of 
identifying the author; 
  (h) whether the work was made:     (i) in the course of the author’s employment; or                            (ii) under a contract for the performance by the author of services for 
another person; 
               (i) if the work has 2 or more authors—their views ab out the failure to identify 
them. 
  (3) The matters to be taken into account in determining for the purposes of subsection (1) 
whether it was reasonable in particular circumstances not to identify the maker of a 
cinematograph film include the following: 
   (a) the nature of the film;               (b) whether the primary purpose for which the film was made was for exhibition 
at cinemas, for broadcasting by television or for some other purpose; 
  (c) the purpose for which the film is used;   (d) the manner in which the film is used;   (e) the context in which the film is used;               (f) any practice, in the industry  in which the film is used, that is relevant to the 
film or the use of the film; 
              (g) any practice contained in  a voluntary code of practice, in the industry in 
which the film is used, that is relevant  to the film or the use of the film; 
              (h) any difficulty or e xpense that would have been incurred as a result of 
identifying the maker; 
              (i) whether the film was made in the course of the employment of the director, 
producer or screenwriter. 
  IP/N/1/AUS/C/3 
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  195AS  No infringement of right of integrity of  authorship if derogatory treatment or other 
action was reasonable 
 
 (1) A person does not, by subjecting a work, or authorising a work to be subjected, to 
derogatory treatment, infringe the author’s ri ght of integrity of authorship in respect 
of the work if the person establishes that it was reasonable in all the circumstances to 
subject the work to the treatment. 
  (2) The matters to be taken into account in determining for the purposes of subsection (1) 
whether it was reasonable in particular circ umstances to subject a literary, dramatic, 
musical or artistic work to derogatory treatment include the following: 
   (a) the nature of the work;   (b) the purpose for which the work is used;   (c) the manner in which the work is used; 
  (d) the context in which the work is used; 
              (e) any practice, in the industr y in which the work is used, that is relevant to the 
work or the use of the work; 
              (f) any practice contained in a voluntary code of practice, in the industry in 
which the work is used, that is relevant  to the work or the use of the work; 
  (g) whether the work was made: 
 
   (i) in the course of the author’s employment; or                            (ii) under a contract for the performance by the author of services for 
another person; 
 
              (h) whether the treatment was required by law or was otherwise necessary to 
avoid a breach of any law; 
  (i) if the work has 2 or more authors—their views about the treatment.   (3) The matters to be taken into account in determining for the purposes of subsection (1) 
whether it was reasonable in particular circumstances to subject a cinematograph film 
to derogatory treatment include the following: 
   (a) the nature of the film;               (b) whether the primary purpose for which the film was made was for exhibition 
at cinemas, for broadcasting by television or for some other use; 
  (c) the purpose for which the film is used; 
  (d) the manner in which the film is used;   (e) the context in which the film is used;               (f) any practice, in the industry  in which the film is used, that is relevant to the 
film or the use of the film; 
              (g) any practice contained in  a voluntary code of practice, in the industry in 
which the film is used, that is relevant  to the film or the use of the film; 
              (h) whether the film was ma de in the course of the employment of the director, 
producer or screenwriter who alleges that the treatment was derogatory; 
              (i) whether the treatment was required by law or was otherwise necessary to 
avoid a breach of any law. 
 
 (4) A person who does any act referred to in subsection 195AQ(3), (4) or (5) in respect of 
a work that has been subjected to derogatory treatment of a kind mentioned in that subsection does not, by doing that act, infringe the author’s right of integrity of IP/N/1/AUS/C/3 
Page 218  
 
  authorship in respect of the work if the pe rson establishes that it was reasonable in all 
the circumstances to do that act. 
 
195AT  Certain treatment of works not to constitute an infringement of the author’s right of 
integrity of authorship 
 
 (1) The destruction of a moveable artistic wo rk is not an infringement of the author’s 
right of integrity of authorship in respect of the work if the person who destroyed the 
work gave the author, or a person represen ting the author, a reasonable opportunity to 
remove the work from the place where it was situated. 
 
 (2) A change in, or the relocation, demolition or destruction of, a building is not an 
infringement of the author’s right of integrity of authorship in respect of an artistic work that is affixed to or forms part of the building if: 
 
              (a) the owner of the build ing, after making reasonable inquiries, cannot discover 
the identity and location of the author or a person representing the author; or 
              (b) if paragraph (a) does not apply—the owner complies with subsection (2A) in 
relation to the change, relocation, demolition or destruction. 
  (2A) This subsection is complied with by the owner of a building in relation to a change in, 
or the relocation, demolition or destruction of, the building if: 
               (a) the owner has, in ac cordance with the regulations  and before the change, 
relocation, demolition or destruction is carried out, given the author or a person representing the author a written notice stating the owner’s intention 
to carry out the change, relocation, demolition or destruction; and 
              (b) the notice stated that the person to whom the notice was given may, within 3 
weeks from the date of the notice, seek to have access to the work for either 
or both of the following purposes: 
    (i) making a record of the work; 
                           (ii) cons ulting in good faith with the owne r about the change, relocation, 
demolition or destruction; and 
               (c) the notice contained such other information and particulars as are prescribed; 
and 
              (d) where the person to wh om the notice was given notifies the owner within the 
period of 3 weeks referred to in paragr aph (b) that the person wishes to have 
access to the work for either or both of the purposes mentioned in that 
paragraph—the owner has given the pers on a reasonable opportunity within a 
further period of 3 weeks to have such access; and 
              (e) where, in the case of a change or relocation, the person to whom the notice 
was given notifies the owner that the person requires the removal from the 
work of the author’s identification as the author of the work—the owner has complied with the requirement. 
  (3) A change in, or the relocation, demolition or destruction of, a building is not an 
infringement of the author’s right of integrit y of authorship in respect of the building, 
or in respect of any plans or instructions used in the construction of the building or a part of the building if: 
  IP/N/1/AUS/C/3 
 Page 219 
 
 
                (a) the owner of the build ing, after making reasonable inquiries, cannot discover 
the identity and location of the author or a person representing the author, or of any of the authors or persons representing the authors, as the case may be; or 
              (b) if paragraph (a) does not apply—the owner complies with subsection (3A) in 
relation to the change, relocation, demolition or destruction. 
  (3A) This subsection is complied with by the owner of a building in relation to a change in, 
or the relocation, demolition or destruction of, the building if: 
 
              (a) the owner has, in ac cordance with the regulations  and before the change, 
relocation, demolition or destruction is carried out, given the author or a person representing the author, or the authors or the persons representing the authors, whose identity and location th e owner knows, a written notice stating 
the owner’s intention to carry out the change, relocation, demolition or 
destruction; and 
              (b) the notice stated that the person to whom the notice was given may, within 3 
weeks from the date of the notice, seek to have access to the building for either or both of the following purposes: 
    (i) making a record of the artistic work; 
                           (ii) cons ulting in good faith with the owne r about the change, relocation, 
demolition or destruction; and 
               (c) the notice contained such other information and particulars as are prescribed; 
and 
              (d) where the person to wh om the notice was given notifies the owner within the 
period of 3 weeks referred to in paragr aph (b) that the person wishes to have 
access to the building for either or bot h of the purposes mentioned in that 
paragraph—the owner has given the pers on a reasonable opportunity within a 
further period of 3 weeks to have such access; and 
              (e) where, in the case of a change or relocation, the person to whom the notice 
was given notifies the owner that the person requires the removal from the 
building of the author’s identification as the author of the artistic work—the owner has complied with the requirement. 
  (4) Subsections (2), (2A), (3) and (3A) do not limit the operation of section 195AG. 
 
 (4A) The removal or relocation by a person (the remover ) of a moveable artistic work that 
is situated at a place that is accessible to  the public, and was made for installation in 
that place, is not an infringement of the author’s right of integrity of authorship in respect of the work if the remover: 
 
              (a) after making reasonable inquiries, cannot discover the identity and location of 
the author or a person representing the author; or 
              (b) if paragraph (a) does not  apply—complies with subsection (4B) in relation to 
the removal or relocation. 
 
 (4B) This subsection is complied with by the remover in relation to the removal or 
relocation of a moveable artistic work if: 
               (a) the remover has, in accordance with the regulations and before the removal or 
relocation is carried out, given the auth or or a person representing the author IP/N/1/AUS/C/3 
Page 220  
 
  a written notice stating the remover’s intention to carry out the removal or 
relocation; and 
              (b) the notice stated that the person to whom the notice was given may, within 3 
weeks from the date of the notice, seek to have access to the work for either 
or both of the following purposes: 
 
   (i) making a record of the work;                            (ii) c onsulting in good faith with the remover about the removal or 
relocation; and 
 
              (c) the notice contained such other information and particulars as are prescribed; 
and 
              (d) where the person to wh om the notice was given notifies the remover within 
the period of 3 weeks referred to in paragraph (b) that the person wishes to have access to the work for either or bo th of the purposes mentioned in that 
paragraph—the remover has given the person a reasonable opportunity within 
a further period of 3 weeks to have such access; and 
              (e) where the person to whom the notice was given notifies the remover that the 
person requires the removal from the work  of the author’s identification as 
the author of the work—the remove r has complied with the requirement. 
 
 (5) Anything done in good faith to restore or  preserve a work is not, by that act alone, an 
infringement of the author’s right of integrity of authorship in respect of the work. 
 
195AU  Infringement by importation for sale or other dealing 
  (1) An author’s moral right in respect of a work is infringed by a person who imports an 
article into Australia for the purpose of dea ling with the article if the importer knew, 
or ought reasonably to have known, that, if the article had been made in Australia, it 
would have been an infringing article. 
  (2) In subsection (1):  
  dealing with  does not include distributing except where the proposed distribution is 
for the purposes of sale. 
 
195AV  Infringement by sale and other dealings 
 
 (1) An author’s moral right in respect of a work is infringed by a person who, in 
Australia, deals with an article if the person knew, or ought reasonably to have 
known, that the article was an infringing artic le or, in respect of an imported article, 
would, if it had been made in Australia, have been an infringing article. 
 
 (2) In subsection (1): 
 
  deals with  does not include: 
   (a) distributes, except where the dist ribution is for the purposes of sale; or 
              (b) deals with by means of a dealing covered by paragraph 195AD(b), 195AD(c), 
195AE(2)(b), 195AE(2)(c) or 195AF(2 )(b) or subsection 195AG(1) or 
195AH(1); or  IP/N/1/AUS/C/3 
 Page 221 
 
 
                (c) deals with by means of an exhibition that is an attributable act to which 
section 195AO applies or an exhibition to which subsection 195AQ(5) applies. 
 
195AVA  Matters to be taken into account 
 
  In determining whether a person has aut horised the doing of an act that is an 
infringement of moral rights, the matters that  must be taken into account include the 
following: 
 
              (a) the extent (if any) of the person’s power to prevent the doing of the act 
concerned; 
              (b) the nature of any re lationship existing between th e person and the person who 
did the act concerned; 
              (c) whether the person took any reasonable steps to prevent or avoid the doing of 
the act, including whether the person complied with any relevant industry 
codes of practice. 
 
195AVB  Communication by use of certain facilities 
 
  A person (including a carrier or carriage service provider) who provides facilities for 
making, or facilitating the making of, a communication is not taken to have 
authorised the doing of an act that is an infringement of moral rights merely because another person uses the facilities so provided to do such an act. 
 
195AW  Author’s consent to act or omission—films or works in films 
 
 (1A) This section applies to a work that is:    (a) a cinematograph film; or               (b) a literary, dramatic, mu sical or artistic work as included in a cinematograph 
film. 
 
 (1) It is not an infringement of a moral right of an author in respect of a work to do, or 
omit to do, something if the act or omission is within the scope of a written consent given by the author or a person representing the author. 
 
 (2) A consent may be given in relation to all or any acts or omissions occurring before or 
after the consent is given. 
  (3) A consent may be given in relation to:    (a) a specified work or specified work s existing when the consent is given; or 
  (b) a work or works of a particular description: 
    (i) the making of which has not begun; or    (ii) that is or are in the course of being made.  
 (4) A consent may be given by an employee for the benefit of his or her employer in 
relation to all works made or to be made by the employee in the course of his or her employment. 
 IP/N/1/AUS/C/3 
Page 222  
 
   (5) A consent given for the benefit of the owner or prospective owner of copyright in the 
work or works to which it relates is presum ed, unless the contrary intention appears in 
the consent instrument, to extend to his or her licensees and succes sors in title, and to 
any persons who are authorised by the owne r or prospective owner, or by such a 
licensee or successor in title, to do act s comprised in the copyright. 
 
 (6) Subsections (2) to (5), inclusive, do not limit the operation of subsection (1).  
195AWA  Author’s consent to act or omission—wor k that is not a film or included in a film 
  (1) This section applies to a literary, dramatic , musical or artistic work other than such a 
work as included in a cinematograph film. 
  (2) It is not an infringement of a moral right of an author in respect of a work to do, or 
omit to do, something if the act or omission is within the scope of a written consent 
genuinely given by the author or  a person representing the author. 
  (3) Subject to subsection (4), a consent does not have any effect unless it is given:                (a) in relation to specified acts or omissions, or specified classes or types of acts 
or omissions, whether occurring before or after the consent is given; and 
  (b) in relation to either of the following: 
                            (i) a specified work or specified works existing when the consent is 
given; or 
                           (ii) a specif ied work, or works of a particular description, the making of 
which has not begun or that is or are in the course of being made. 
  (4) A consent may be given by an employee for the benefit of his or her employer in 
relation to all or any acts or omissions (whe ther occurring before or after the consent 
is given) and in relation to all works made  or to be made by the employee in the 
course of his or her employment. 
 
 (5) A consent given for the benefit of the owner or prospective owner of copyright in the 
work or works to which it relates is presum ed, unless the contrary intention appears in 
the consent instrument, to extend to his or her licensees and succes sors in title, and to 
any persons who are authorised by the owne r or prospective owner, or by such a 
licensee or successor in title, to do act s comprised in the copyright. 
 
195AWB  Consent invalidated by duress or false or misleading statements 
 
 (1) If a person applies duress to an author, or to a person representing an author, in 
connection with the giving of a consent for the purposes of section 195AW or 
195AWA, the consent does not have any effect. 
  (2) If:    (a) a person makes a statement to another person; and 
  (b) the person makes the statement knowing: 
    (i) that the statement is false or misleading in a material particular; or  IP/N/1/AUS/C/3 
 Page 223 
 
 
                             (ii) that a matter or thing has been omitted from the statement without 
which the statement is false or misleading in a material particular; and 
               (c) the person makes the st atement with the intention of persuading the other 
person to give, or not to give, a con sent for the purposes of section 195AW or 
195AWA; 
  the consent does not have any effect.  
195AX  Acts or omissions outside Australia 
 
  It is not an infringement of an author’s moral right in respect of a work to do, or omit 
to do, something outside Australia. 
 
Division 7—Remedies for infringements of moral rights 
 
195AY  Definition etc. 
 
 (1) In this Division: 
 
  action  means a proceeding of a civil nature between parties, and includes a 
counterclaim. 
  (2) In the application of this Division in relation to a counterclaim, references to the 
defendant are taken to be references to the plaintiff. 
 195AZ  Actions for infringement of moral rights 
 
  If a person infringes any of the moral rights of an author in respect of a work, the 
infringement is not an offence but the author or a person representing the author may bring an action in respect of the infringemen t, subject to any co-authorship agreement 
in force under section 195AN to which the author is a party. 
 
195AZA  Remedies for infringements of moral rights 
 
 (1) Subject to section 203, the relief that a court may grant in an action for an 
infringement of any of an author’s moral rights in respect of a work includes any one 
or more of the following: 
   (a) an injunction (subject to any terms that the court thinks fit);  
  (b) damages for loss resulting from the infringement;   (c) a declaration that a moral right  of the author has been infringed; 
  (d) an order that the defendant ma ke a public apology for the infringement; 
              (e) an order that any false attribution of authorship, or derogatory treatment, of 
the work be removed or reversed. 
  (2) In exercising its discretion as to the appropriate relief to be granted, the court may 
take into account any of the following: 
 
              (a) whether the defendant was aware, or ought reasonably to have been aware, of 
the author’s moral rights; 
              (b) the effect on the author ’s honour or reputation resu lting from any damage to 
the work; IP/N/1/AUS/C/3 
Page 224  
 
    (c) the number, and categories, of people who have seen or heard the work; 
  (d) anything done by the defendant to  mitigate the effects of the infringement; 
              (e) if the moral right that was infringed was a right of attribution of authorship—
any cost or difficulty that would have  been associated with identifying the 
author; 
              (f) any cost or difficulty in removing or reversing any false attribution of 
authorship, or derogatory treatment, of the work. 
  (3) In deciding whether or not to grant an injunction under subsection (1), the court must 
consider whether the parties have made an y attempt to negotiate a settlement of the 
action and whether it should adjourn the hearing or further hearing of the action for 
the purpose of giving the parties an appropria te opportunity to negotiate a settlement, 
whether through a process of mediation or otherwise. 
  (4) If: 
 
  (a) the work is a cinematograph film; and   (b) the action is brought by a person who is a screenwriter of the film; and   (c) the relief granted in the action consists of or includes damages; and               (d) the person has already been  granted relief by way of damages in an action for 
an infringement of his or her moral rights as an author of the dramatic work 
constituted by the script or screenplay for the film; 
  the amount of any damages that, apart from this subsection, would be awarded to the 
person in the action referred to  in paragraph (b) is to be reduced by the amount of the 
damages awarded to the person in the action referred to in paragraph (d). 
 
 (5) If: 
               (a) the work is a dramatic work constituted by the screenplay or script for a 
cinematograph film; and 
              (b) the action is brought by a person who is an author of the screenplay or script; 
and 
  (c) the relief granted in the action consists of or includes damages; and 
              (d) the person has already been  granted relief by way of damages in an action for 
an infringement of his or her moral rights as a screenwriter of the film; 
  the amount of any damages that, apart from this subsection, would be awarded to the 
person in the action referred to  in paragraph (b) is to be reduced by the amount of the 
damages awarded to the person in the action referred to in paragraph (d). 
  (6) If, in respect of an act done after th e death of an author of a work, damages are 
recovered under this section by the legal pe rsonal representative of the author, those 
damages devolve as if they formed part of the author’s estate and as if the right of 
action in respect of the doing of the act had subsisted, and had been vested in the 
author, immediately before his or her death. 
 
              
Note: Subsection (6) does not apply in relation to the right of integrity of authorship in respect of a 
cinematograph film, which ends on the au thor’s death. See subsection 195AM(1). 
 
195AZB  Saving of other rights and remedies 
  (1) Subject to this section, this Part does not affect any right of action or other remedy, 
whether civil or criminal, in proceedings brought otherwise than under this Part. 
  IP/N/1/AUS/C/3 
 Page 225 
 
 
   (2) Any damages recovered in proceedings broug ht under this Part are to be taken into 
account in assessing damages in proceedings br ought otherwise than under this Part 
and arising out of the same operation or transaction. 
  (3) Any damages recovered in proceedings br ought otherwise than under this Part are to 
be taken into account in proceedings brought under this Part and arising out of the 
same operation or transaction.  
 
195AZC  Jurisdiction of courts 
  (1) The jurisdiction of the Supreme Court of a State or Territory in a matter arising under 
this Part is to be exercised by a single Judge of the Court. 
  (2) Subject to subsection (3), a decision of  a court of a State or Territory (however 
constituted) under this Part is final. 
 
 (3) An appeal lies from a decision of a court of a State or Territory under this Part:    (a) to the Federal Court of Australia; or   (b) by special leave of the High Court, to the High Court.  
 (4) The Federal Court of Australia has juri sdiction with respect to matters arising under 
this Part. 
 
195AZD  Presumption as to subsistence of copyright 
   In an action brought under this Part for an infringement of a moral right in respect of 
a work, copyright is presumed to subsist in the work if the defendant does not put in 
issue the question whether copy right subsists in the work. 
 
195AZE  Presumption as to subsistence of moral rights 
   In an action brought under this Part for an infringement of a moral right in respect of 
a work, if copyright is presumed or proved to have subsisted in the work when the infringement is alleged to have occurred, the moral right is presumed to have 
subsisted in the work at that time. 
 195AZF  Presumptions in relation to authorship of work 
 
 (1) Section 127 applies in respect of an action brought under this Part.  
(2) If a name purporting to be the name of the director, producer or screenwriter of a 
cinematograph film appeared on copies of the film that were issued when the film was 
made, then, in an action brought under this Part , the person whose name so appeared is, if 
it was his or her true name or a name by which he or she was commonly known, 
presumed, unless the contrary is established, to be the director, producer or screenwriter, as the case may be, of the film. 
 
195AZG  Other presumptions in relation to lit erary, dramatic, musical or artistic work 
 
  Sections 128 and 129 apply in respect  of an action brought under this Part. IP/N/1/AUS/C/3 
Page 226  
 
   
Division 8—Miscellaneous 
 195AZH  Parts of works  
  Moral rights in respect of a work apply in relation to a whole or a substantial part of 
the work.  
 
195AZI  Works of joint authorship 
  (1) This section applies to a literary, dramatic , musical or artistic work that is a work of 
joint authorship. 
  (2) The right of attribution of authorship in  respect of the work is a right of each joint 
author to be identified as a joint author. 
 
 (3) An act of false attribution in respect of the work infringes the right of each joint 
author not to have authorship of the work falsely attributed. 
  (4) The right of integrity of authorship in respect of the work is a right of each joint 
author. 
 
 (5) The consent of one joint author to any act or omission affecting his or her moral 
rights in respect of the work does not affect  the moral rights of the other joint author 
or other joint authors in respect of the work. 
 195AZJ  Cinematograph films that have more than one principal director 
 
 (1) This section applies to a cinematograph film that has more than one principal 
director. 
  (2) The director’s right of attr ibution of authorship in respect of the film is a right of each 
director to be identified as a director. 
  (3) An act of false attribution in respect of the direction of the film infringes the right of 
each director not to have the direction of the film falsely attributed. 
 
 (4) The director’s right of integrity of author ship in respect of the film is a right of each 
director. 
  (5) The consent of one director to any act or omission affecting his or her moral rights in 
respect of the film does not affect the moral rights of the other director or other directors in respect of the film. 
 
195AZK  Cinematograph films that have more than one principal producer 
 
 (1) This section applies to a cinematograph fi lm of which more than one individual is the 
principal producer. 
 
 (2) The producer’s right of attribution of authorship in respect of the film is a right of 
each producer to be identified as a producer. 
  IP/N/1/AUS/C/3 
 Page 227 
 
 
   (3) An act of false attribution in respect of the production of the film infringes the right 
of each producer not to have the produc tion of the film falsely attributed. 
  (4) The producer’s right of integrity of authorship in respect of the film is a right of each 
producer. 
 
 (5) The consent of one producer to any act or omission affecting his or her moral rights 
in respect of the film does not affect the moral rights of the other producer or other producers in respect of the film. 
 195AZL  Cinematograph films that have  more than one principal screenwriter 
 
 (1) This section applies to a cinematogra ph film of which there is more than one 
principal screenwriter. 
 
 (2) The screenwriter’s right of attribution of aut horship in respect of the film is a right of 
each screenwriter to be identified as a screenwriter. 
  (3) An act of false attribution of authorship  in respect of the script or screenplay of the 
film infringes the right of each screenwriter not to have the authorship of the script or 
screenplay of the film falsely attributed. 
 
 (4) The screenwriter’s right of integrity of aut horship in respect of the film is a right of 
each screenwriter. 
  (5) The consent of one screenwriter to any act or omission affecting his or her moral 
rights in respect of the film does not affect the moral rights of the other screenwriter 
or other screenwriters in respect of the film. 
 
195AZM  Application—right of attribution of authorship 
 
 (1) The right of attribution of authorship in respect of: 
 
  (a) a cinematograph film; or               (b) a literary, dramatic, mu sical or artistic work as included in a cinematograph 
film; 
  subsists only if the cinematograph film is  made after the commencement of this Part. 
 
 (2) The right of attribution of authorship in respect of a literary, dramatic, musical or 
artistic work other than such a work as in cluded in a cinematograph film subsists in 
respect of a work made before or after the commencement of this Part but this Part only applies in relation to attributable acts done after that commencement. 
 
              
Note: Subsection 22(1) explains when a literary, dr amatic, musical or artistic work is taken to be 
made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made. 
 
195AZN  Application—right not to have authorship falsely attributed 
 
 (1) The right not to have authorship falsely a ttributed subsists in respect of a work made 
before or after the commencement of this Part  but this Part only applies in relation to 
acts of false attribution done after that commencement. 
 IP/N/1/AUS/C/3 
Page 228  
 
   (2) Paragraph 195AD(b) or (c), 195AE(2)(b) or  (c) or 195AF(2)(b) applies to an act of 
false attribution done after the commencem ent of this Part even if the name 
concerned was inserted or affixed before that commencement. 
 
              
Note: Subsection 22(1) explains when a literary, dr amatic, musical or artistic work is taken to be 
made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made. 
 
195AZO  Application—right of integrity of authorship 
 
 (1) The right of integrity of authorship in respect of:    (a) a cinematograph film; or 
              (b) a literary, dramatic, mu sical or artistic work as included in a cinematograph 
film; 
  subsists only if the cinematograph film is  made after the commencement of this Part. 
  (2) Subject to subsection (3), the right of inte grity of authorship in respect of a literary, 
dramatic, musical or artistic work, ot her than such a work as included in a 
cinematograph film, subsists in respect of a work made before or after the commencement of this Part. 
  (3) This Part applies in relation to an infri ngement of a right of integrity of authorship 
that subsists in respect of a work referred  to in subsection (2) that was made before 
the commencement of this Part only if the infringement occurs after the 
commencement of this Part. However, an act referred to in paragraph 195AQ(3)(a), 
(b), (c), (d) or (e) or (4)(a), (b) or (c) is not an infringement if the relevant derogatory 
treatment occurred before that commencement. 
 
              
Note: Subsection 22(1) explains when a literary, dr amatic, musical or artistic work is taken to be 
made and paragraph 22(4)(a) explains when a cinematograph film is taken to be made. 
 
Part X—Miscellaneous 
   195A  Interpretation 
  (1) In this Part (other than subsection 203H(5)), officer in charge  means: 
               (a) in relation to archives—the person holding, or performing the duties of, the 
office or position in the service of the body administering the archives the duties of which involve that person having direct responsibility for the 
maintenance of, and the provision of services in relation to, the collection 
comprising the archives; 
              (b) in relation to a central records authority—the person holding, or performing 
the duties of, the office in the service of  the body administering the authority 
the duties of which involve that person having direct responsibility for the maintenance of, and the provision of  services in relation to, the records 
deposited with the authority; and 
              (c) in relation to a library—the officer holding, or performing the duties of, the 
office or position in the service of the body administering the library the duties of which involve that person having direct responsibility for the 
maintenance of, and the provision of services in relation to, the collection comprising the library. 
  IP/N/1/AUS/C/3 
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   (2) In this Part, a reference to the prescrib ed retention period after the making of a copy 
of the whole or a part of a work, an elig ible item or another subject-matter that was 
made in reliance on section 49, 50, 51A, or 110B  shall be read as a reference to such 
period as is declared by the regulations to be the prescribed retention period for the 
purposes of this Part. 
 
 (3) A reference in this Part to an educati onal institution, to an institution assisting persons 
with a print disability or to an institution assisting persons with an intellectual disability includes a reference to an ins titution that has at any time been an 
educational institution, an institution assis ting persons with a print disability or an 
institution assisting persons with an in tellectual disability, as the case may be. 
  (4) A reference in this Part to an institution includes a reference to a school of nursing, an 
undertaking within a hospital, a teacher edu cation centre and an undertaking within a 
body administering an educational institution. 
 
195B  Review of certain decisions 
 
 (1) For the purposes of this section, the fo llowing decisions are reviewable decisions: 
               (a) a decision of the Attorn ey-General refusing to make a declaration in respect 
of a body or institution under subsec tion 10A(1), 135P(1) or 135ZZB(1); 
              (b) a decision of the Attorn ey-General revoking a declaration made in respect of 
a body or institution under subsecti on 10A(1), 135P(1) or 135ZZB(1); 
              (ba) a decision of the CEO under subsection 135(6A) to declare a notice given 
under subsection 135(2) to be ineffective; 
              (c) a decision of the CEO under section 135AA refusing to seize copies under 
subsection 135(7); 
   (d) a decision of the CEO not to give permission under subsection 135AD(1).   (2) Where the Attorney-General makes a reviewable decision referred to in 
paragraph (1)(a) or (b), the Attorney-Gener al shall cause to be sent to the body or 
institution concerned a written notice containing: 
   (a) the terms of the decision; and               (b) a statement to the effect that, subject to the Administrative Appeals Tribunal 
Act 1975 , application may be made to the Administrative Appeals Tribunal 
for review of the decision; and 
              (c) except where subsection 28( 4) of that Act applies—a statement to the effect 
that the body or institution may request a statement under section 28 of that Act. 
  (3) If the CEO makes a reviewable decision re ferred to in paragraph (1)(ba), (c) or (d), 
the CEO must cause to be sent to the objector  or importer whose interests are affected 
by the decision a notice containing: 
   (a) the terms of the decision; and               (b) except where subsection 28(4) of the Administrative Appeals Tribunal 
Act 1975 applies—a statement to the effect that the objector or importer, as 
the case may be, may request a statement under section 28 of that Act. 
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   (4) Failure to include in a notice under sub section (2) or (3) a statement of the kind 
referred to in paragraph (2)(b) or (c) or (3 )(b), as the case requires, does not affect the 
validity of the decision to which the notice relates. 
  (5) Application may be made to the Administrative Appeals Tribunal for review of a 
reviewable decision. 
 (8) In this section: 
 
  CEO  means the Chief Executive Officer of Customs. 
 
  decision  has the same meaning as in the Administrative Appeals Tribunal Act 1975 . 
 
196  Assignments and licences in respect of copyright 
 
 (1) Copyright is personal property and, subj ect to this section, is transmissible by 
assignment, by will and by devolution by operation of law. 
  (2) An assignment of copyright may be limite d in any way, including any one or more of 
the following ways: 
               (a) so as to apply to one or more of the classes of acts that, by virtue of this Act, 
the owner of the copyright has the excl usive right to do (including a class of 
acts that is not separately specified in  this Act as being comprised in the 
copyright but falls within a class of acts that is so specified); 
  (b) so as to apply to a place in or part of Australia;   (c) so as to apply to part of the period for which the copyright is to subsist. 
 
 (3) An assignment of copyright (whether total or partial) does not have effect unless it is 
in writing signed by or on behalf of the assignor. 
  (4) A licence granted in respect of a copyright  by the owner of the copyright binds every 
successor in title to the inter est in the copyright of the grantor of the licence to the 
same extent as the licence was binding on the grantor. 
 
197  Prospective ownership of copyright 
 
 (1) Where, by an agreement made in relati on to a future copyright and signed by or on 
behalf of the person who would, apart from this section, be the owner of the copyright 
on its coming into existence, that person purports to assign the future copyright 
(wholly or partially) to another pers on (in this subsection referred to as the assignee ), 
then if, on the coming into existence of  the copyright, the assignee or a person 
claiming under him or her would, apart from this subsection, be entitled as against all 
other persons to have the copyright vested in him or her (wholly or partially, as the 
case may be), the copyright, on its coming in to existence, vests in the assignee or his 
or her successor in title by force of this subsection. 
  (2) Where, at the time when a copyright com es into existence, the person who, if he or 
she were then living, would be entitled to the copyright is dead, the copyright 
devolves as if it had subsisted immediately be fore his or her death and he or she had 
then been the owner of the copyright. 
  IP/N/1/AUS/C/3 
 Page 231 
 
 
   (3) A licence granted in respect of a future  copyright by the prospective owner of the 
copyright binds every successor in title to the prospective in terest in the copyright of 
the grantor of the licence to the same exte nt as the licence was binding on the grantor. 
 
198  Copyright to pass under will with unpublished work 
 
  Where under a bequest, whether specific or general, a person is entitled, beneficially 
or otherwise, to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not publishe d before the death of the testator, the 
bequest shall, unless a contrary intention a ppears in the testator’s will, be read as 
including the copyright in the work in so far as the testator was the owner of the 
copyright immediately before his or her death. 
 
199  Reception of broadcasts 
  (1) Where the inclusion in a television broadcast or sound broadcast of a reading or 
recitation of an extract from a published literary or dramatic work, or from an 
adaptation of such a work, does not constitute  an infringement of the copyright in the 
work, a person who, by the reception of th e broadcast, causes the work or adaptation 
to be performed in public does not, by doing so, infringe the copyright in the work. 
 
 (2) A person who, by the reception of a tele vision broadcast or sound broadcast, causes a 
sound recording to be heard in public does not, by doing so, infringe the copyright, if any, in that recording under Part IV. 
  (3) A person who, by the reception of an authorized television broadcast, causes a 
cinematograph film to be seen or heard in public shall be treated, in any proceedings 
for infringement of the copyright, if any, in the film under Part IV, as if the person had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or heard in public by the reception of the broadcast. 
  (5) If, in the circumstances mentioned in subsection (3), the person causing the 
cinematograph film to be seen or heard infringed the copyright in the film by reason 
that the broadcast was not an authorized broadcast, proceedings shall not be brought 
against that person under this Act in respect of his or her infringement of that copyright but the infringement shall be taken into account in assessing damages in 
any proceedings against the maker of the broa dcast in respect of that copyright, in so 
far as that copyright was infringed by the making of the broadcast. 
  (6) For the purposes of this section, a broadcast , in relation to a cinematograph film, is an 
authorised broadcast only if it is made by, or with the licence of, the owner of the copyright in the film. 
 
 (7) A reference in this section to a broadcast must be read as a reference to a broadcast 
made by the Australian Broadcasting Corporation, by the Special Broadcasting Service Corporation, by the holder of a licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 , or by a person 
authorised to make the broadcast by a cl ass licence determined by that Authority 
under that Act. 
 IP/N/1/AUS/C/3 
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  200  Use of works and broadcasts for educational purposes 
 
 (1) The copyright in a literary, dramatic, mu sical or artistic work is not infringed by 
reason only that the work is reproduced or, in the case of a literary, dramatic or musical work, an adaptation of the work is made or reproduced: 
 
              (a) in the course of educati onal instruction, where the work is reproduced or the 
adaptation is made or reproduced by a teacher or student otherwise than by the use of an appliance adapted for th e production of multiple copies or an 
appliance capable of producing a copy or copies by a process of reprographic 
reproduction; or 
              (b) as part of the questions to be answered in an examination, or in an answer to 
such a question. 
  (2) The making of a record of a sound broadcast, being a broadcast that was intended to 
be used for educational purposes, does not c onstitute an infringement of copyright in 
a work or sound recording included in the broadcast if: 
               (a) the record is made by, or  on behalf of, the person or authority in charge of a 
place of education that is not conducted for profit; and 
  (b) the record is not used except in the course of instruction at that place. 
 
 (2A) The making of a record of a sound broadcast is not an infringement of copyright in 
the broadcast if the record is made by, or  on behalf of, the body administering an 
educational institution and is not used ex cept for the educational purposes of that 
institution or another educational institution. 
 
 (3) For the purposes of sections 38 and 103,  in determining whether the making of an 
article constituted an infringement of copyri ght, subsections (1), (2) and (2A) shall be 
disregarded. 
  (4) For the purposes of any provision of this Act relating to imported articles, in 
determining whether the making of an article  made outside Australia would, if the 
article had been made in Australia by the importer of the article, have constituted an 
infringement of copyright, subsections (1), (2) and (2A) shall be disregarded. 
 
200AA  Use of broadcasts by institutions assi sting persons with an intellectual disability 
 
  The making of a record of a sound broadcast is not an infringement of copyright in 
the broadcast if the record is made by, or  on behalf of, the body administering an 
institution assisting persons with an intell ectual disability and is used only for the 
purpose of the provision of that assistance by that institution. 
 201  Delivery of library material to the National Library 
 
 (1) The publisher of any library material th at is published in Australia and in which 
copyright subsists under this Act shall, w ithin one month after the publication, cause 
a copy of the material to be delivered at his or her own expense to the National 
Library. 
   Penalty: $100.   IP/N/1/AUS/C/3 
 Page 233 
 
 
   (2) The copy of any library material deliver ed to the National Library in accordance with 
this section shall be a copy of the whole material (including any illustrations), be finished and coloured, and bound, sewed, stitc hed or otherwise fastened together, in 
the same manner as the best copies of that material are published and be on the best paper on which that material is printed. 
 
 (3) When any library material is delivered to the National Library in accordance with this 
section, the National Librarian shall cause a written receipt for the material to be 
given to the publisher of the material. 
 
 (4) This section is not intended to exclude or limit the operation of any law of a State or 
Territory (whether made before or after the commencement of this Act) that makes 
provision for or in relation to the delivery to a specified public or other library in or of the State or Territory of copies of library material published in the State or Territory. 
 
 (5) In this section: 
 
  illustrations  includes drawings, engravings and photographs. 
 
  library material  means a book, periodical, newspaper, pamphlet, sheet of letter-press, 
sheet of music, map, plan, chart or table, being a literary, dramatic, musical or artistic 
work or an edition of such a work, but do es not include a second or later edition of 
any material unless that edition contains add itions or alterations in the letter-press or 
in the illustrations. 
 
202  Groundless threats of legal proceedings 
 
 (1) Where a person, by means of circulars, advertisements or otherwise, threatens a 
person with an action or pro ceeding in respect of an infri ngement of copyright, then, 
whether the person making the threats is or is not the owner of the copyright or an exclusive licensee, a person aggrieved may bring an action against the first-mentioned person and may obtain a declaration to the effect that the threats are 
unjustifiable, and an injunction against the continuance of the threats, and may 
recover such damages (if any) as he or sh e has sustained, unless the first-mentioned 
person satisfies the court that the acts in respect of which the action or proceeding was threatened constituted, or, if done,  would constitute, an infringement of 
copyright. 
 
 (2) The mere notification of the existence of a copyright does not constitute a threat of an 
action or proceeding within the meaning of this section. 
  (3) Nothing in this section re nders a barrister or solicitor of the High Court, or of the 
Supreme Court of a State or Territory, liable  to an action under this  section in respect 
of an act done by him or her in his or her professional capacity on behalf of a client. 
  (4) The defendant in an action under this sec tion may apply, by way of counterclaim, for 
relief to which he or she would be entitled in a separate action in respect of an 
infringement by the plaintiff of the copyright to which the threats relate and, in any 
such case, the provisions of this Act with respect to an action for infringement of a 
copyright are, mutatis mutandis , applicable in relation to the action. 
  (5) A reference in this section to an action in respect of an infringement of copyright 
shall be read as including a reference to an  action in respect of the conversion or IP/N/1/AUS/C/3 
Page 234  
 
  detention of an infringing copy or of a de vice used or intended to be used for making 
infringing copies. 
 
203  Limitation on power of courts to grant relief in proceedings under this Act 
   Nothing in this Act authorizes a State cour t or a court of a Territory to grant relief by 
way of injunction or account of profits if that court would not, apart from this Act, have power to grant such relief. 
 
203A  Retention of declarations in relation to co pies made by libraries, archives or institutions 
 
 (1) Where, at any time before the expiration of the prescribed retention period after the 
making of a copy of the whole or a part of  a work or other subject-matter in reliance 
on section 49, 50, 51A or 110B by an authorized officer of a library or archives, a relevant declaration in relation to the making of the copy is not retained in the records 
of the library or archives: 
   (a) the body administering the library or archives concerned; and   (b) the officer in charge of the library or archives concerned; 
  are each guilty of an offence punishable, upon conviction, by a fine not 
exceeding $500. 
 
 (4) A body or person is not liable to be convicted twice of an offence against 
subsection (1) with respect to the retention of the same declaration. 
  (5) It is a defence to a prosecution of the body  administering, or of the officer in charge 
of, a library or archives for an offence against subsection (1) in relation to the 
retention of a declaration if the body or person prosecuted (in th is subsection referred 
to as the defendant ) satisfies the court that: 
               (a) in the case of a prosecutio n of the officer in charge of a library or archives—
the declaration relates to the making of a copy of the whole or a part of a 
work, a sound recording or a cinematograph film before the day on which the 
defendant became the officer in charge of the library or archives and was not 
in the possession of the body administering the library or archives at that day; 
or 
              (b) in any case—the defendant took all reasonable precautions, and exercised due 
diligence, to ensure the retention of the declaration in the records of the 
library or archives, as the case requires. 
 
203D  Arrangement of declarations and records 
 
 (1) Where the declarations that relate to the making of copies of the whole or parts of 
works or other subject-matter by an authorized officer of a library or archives in 
reliance on any of the following sections, na mely, sections 49, 50, 51A and 110B, and 
that are retained in the records of the bod y administering the library or archives are 
not arranged in chronological order accordi ng to the dates on which the declarations 
were made: 
 
  (a) the body administering the libra ry or archives, as the case may be; and 
  (b) the officer in charge of the library or archives, as the case may be; 
  are each guilty of an offence punishable, upon conviction, by a fine not 
exceeding $500.  IP/N/1/AUS/C/3 
 Page 235 
 
 
   
 (5) It is a defence to a prosecution of  a body or person for an offence against 
subsection (1) if the body or person satisfies the court that the body or person took all 
reasonable precautions, and exercised due dilig ence, to ensure that  the declarations 
were arranged as mentioned in that subsection. 
 
203E  Inspection of records and declarations retai ned by libraries, archives or institutions 
 
 (1) The owner of the copyright in a work, sound recording or cinematograph film, or the 
agent of such an owner: 
 
              (a) may notify the officer in ch arge of a library or archives, in writing, that he or 
she wishes to inspect: 
                            (i) all the re levant declarations retained in  the records of the library or 
archives that relate to the making, in reliance on section 49, 50, 51A 
or 110B, of copies of works or parts of works or of copies of other subject-matter; or 
                           (ii) such of those declarations as relate to the making, in reliance on 
section 49, 50, 51A or 110B, of copies of works or parts of works or of copies of other subject-matter and were made during a period 
specified in the notice; 
  on a day specified in the notice, being an ordinary working day of the library, 
archives or institution not less than 7 days after the date of the giving of the notice; and 
 
              (b) may, if the notice related to the making of copies of works or parts of works 
or of copies of other subject-matter in reliance on section 51A or 110B, state in the notice that he or sh e also wishes to inspect, on  the day so specified, the 
collection of the library or archives. 
  (4) Where a person gives notice, under subsection (1), to the officer in charge of a library 
or archives that he or she wi shes to inspect certain declarations on a particular day, 
that person may, during the ordinary working hours of the library or archives, on that day, but not earlier than 10 a.m. or later th an 3 p.m., inspect the declarations to which 
the notice relates and, where the notice relate s also to the inspection of the collection 
of the library or archives, may also during those hours on that day inspect that 
collection, and, for that purpose, may ente r the premises of the library or archives. 
  (6) Where a person who attends at the premises  of a library or archives for the purpose of 
exercising the powers conferred on him or her by subsection (4) is not provided with all reasonable facilities and assistance for the effective exercise of those powers: 
 
  (a) the body administering the libra ry or archives, as the case may be; and 
  (b) the officer in charge of the library or archives, as the case may be; 
             are each guilty of an offence punishable, upon conviction, by a fine not 
exceeding $500. 
 
 (6A) Subsection (6) is an offence of strict liability. 
 
              
Note: For strict liability , see section 6.1 of the Criminal Code . 
 
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   (8) The officer in charge of a library or archives shall not be convicted of an offence 
against subsection (6) if the officer addu ces evidence that he or she believed, on 
reasonable grounds, that the person who a ttended the premises of the library or 
archives, as the case may be, as mentioned in  that subsection, was provided with all 
reasonable facilities and assistance for the e ffective exercise of the powers conferred 
by subsection (4) and that evidence is not rebutted by the prosecution. 
  (9) The body administering a library or arch ives shall not be convicted of an offence 
against subsection (6) if the body adduces evidence that it took all reasonable precautions, and exercised due diligence, to ensure that the person who attended the 
premises of the library or archives, as the case may be, as mentioned in that 
subsection, was provided with all reasonabl e facilities and assistance for the effective 
exercise of the powers conferred by subsection (4) and that evidence is not rebutted by the prosecution. 
 
 (10) A person who, either directly or indirectly, except with the intention of: 
               (a) informing the owner of th e copyright in a work or other subject-matter that a 
copy (including a microform copy) has been made of the work or other subject-matter; 
              (b) enforcing a right that a person has under this Act in connection with a work 
or other subject-matter in which copyright subsists; or 
              (c) ensuring compliance with a provision of Division 5 of Part III or with a 
provision of this Part; 
  makes a record of, or divulges or communicates to a person, information in relation to 
which subsection (11) applies in relation to the first-mentioned person is guilty of an 
offence punishable, upon conviction,  by a fine not exceeding $500. 
  (10A) Subsection (10) is an offence of strict liability.  
  
Note: For strict liability , see section 6.1 of the Criminal Code . 
 
 (11) This subsection applies in relation to information in relation to a person if, and only 
if: 
 
              (a) the information was ac quired by the person in the course of an inspection 
conducted by the person under subsection (4); or 
              (b) the information was divulged or communicated to the person by another 
person and this subsection applies in rela tion to the information in relation to 
the other person. 
 203F  Additional offences in relation to the ma king and retention of records and declarations 
 
 (1) A person shall not, under section 49, 50, 51A or 110B, make a declaration that the 
person knows, or ought reasona bly to know, is false or misleading in a material 
particular. 
 
  Penalty:                 (a) in a case where the pers on knows that the declaration is false or misleading in 
a material particular—$500; or 
  (b) in any other case—$250. 
  IP/N/1/AUS/C/3 
 Page 237 
 
 
   (2) A person shall not intentionally dispose of or destroy, or cause to be disposed of or 
destroyed, any relevant declaration in relati on to the making of a copy of the whole or 
a part of a work or other subject-matte r in reliance on section 49, 50, 51A or 110B, 
being a declaration in respect of which the prescribed retention period has not expired, if the person knows, or ought reasonably to know, that the prescribed 
retention period in respect of the declaration has not expired. 
   Penalty:                 (a) in a case where the person knows that the prescribed retention period in 
respect of the declaration has not expired—$500; or 
  (b) in any other case—$250.  
203G  Additional offences relating to declar ations under subsections 116A(3) and 132(5F) 
  (1) A person must not, under subsection 116A(3) or 132(5F), make a declaration, 
knowing the declaration to be false or misleading in a material particular. 
   Penalty: Imprisonment for 12 months.   (2) A person must not, under subsection 116A(3 ) or 132(5F), make a declaration, being 
reckless as to whether the declaration is false or misleading in a material particular. 
   Penalty: Imprisonment for 6 months.   (3) A person must not dispose of or destroy, or cause to be disposed of or destroyed, a 
declaration under subsection 116A(3) or 132(5F), being a declaration whose 
prescribed retention period has not expired, if the person knows, or is reckless as to 
whether, that period has not expired. 
   Penalty: Imprisonment for 6 months.  203H  Notation of certain copies etc. 
 
 (1) In proceedings against a person or body for infringement of copyright in a work in 
connection with the making, by or on behalf of an institution, of a reproduction of the 
work, or of a part of the work, the person or body is not entitled to rely on section 49, 
50 or 51A as justification for the making of the reproduction unless, at or about the 
time the reproduction was made, there w as made on the reproduction a notation 
stating that the reproduction w as made on behalf of that institution and specifying the 
date on which the reproduction was made. 
  (2) In proceedings against a person or body  for infringement of copyright in a sound 
recording or a cinematograph film in connection with the making, by or on behalf of 
an institution, of a copy of the sound reco rding or cinematograph film, the person or 
body is not entitled to rely on section 110B as justification for the making of the copy 
unless, at or about the time the copy was made , there was made on, or attached to, the 
copy a notation stating that the copy was made on behalf of that institution and 
specifying the date on which the copy was made. 
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  (4) A person who: 
               (a) makes on a reproduction of a work, or of a part of a work, a notation of the 
kind referred to in subsection (1); or 
              (aa) makes on, or attaches to , a copy of a sound recording or a cinematograph film 
a notation of the kind referred to in subsection (2); 
  being a notation that contains a statemen t that the person knows, or ought reasonably 
to know, is false or misleading in a materi al particular, is guilty of an offence, 
punishable, upon conviction, by a fine not exceeding: 
              (c) in a case where the pers on knows that the statement is false or misleading in a 
material particular—$500; or 
  (d) in any other case—$250.   (5) For the purposes of subsections (1) and (2):  
              (a) if a reproduction of th e whole or part of a work, or a copy of a sound 
recording or a cinematograph film: 
                            (i) is made, or caused to be made, by an authorized officer of a library; 
or 
                           (ii) is made by, or on behalf of, the officer in charge of a library; 
  being a library of an institution, th e reproduction or copy is taken to have 
been made on behalf of the institution; and 
               (b) if a reproduction of the whole or part of a work, or a copy of a sound 
recording or a cinematograph film: 
 
                           (i) is made, or caused to be made, by an authorized officer of a library; 
or 
   (ii) is made by, or on behalf of, the officer in charge of a library;    being a library that is not a library of an institution:                            (iii) the repr oduction or copy is taken to have  been made on behalf of the 
person or body administering the library; and 
                           (iv) t hose subsections apply as if refe rences to an institution were 
references to that person or body; and 
               (c) if a reproduction of th e whole or part of a work, or a copy of a sound 
recording or a cinematograph film: 
                            (i) is made, or caused to be made, by an authorized officer of archives; 
or 
   (ii) is made by, or on behalf of, the officer in charge of archives;    then: 
                          (iii) the reproduc tion or copy is taken to have been made by or on behalf 
of the person or body administering the archives; and 
                           (iv) t hose subsections apply as if refe rences to an institution were 
references to that person or body; and 
 
              (d) if a reproduction, or a record embodying a sound recording, of the whole or 
part of a work is made by or on behalf of the body administering an institution, the reproduction or  record is taken to have  been made on behalf of 
the institution; and  IP/N/1/AUS/C/3 
 Page 239 
 
 
                (e) if a copy of a sound r ecording or a cinematograph film is made by or on 
behalf of the body administering an institu tion, the copy is taken to have been 
made on behalf of the institution. 
  (6) The production, in any proceedings: 
 
  (a) for infringement of copyright in a work; or               (c) for a contravention of a provision of this Act;   of a reproduction of a work, or of a part of a work, bearing a notation or mark of the 
kind referred to in subsection (1), 135K (1), 135ZY(1), 135ZQ(4) or 135ZT(4) is 
prima facie evidence of the matters stated in the notation or mark. 
  (7) For the purposes of subsection (6), where a reproduction of a work or a part of a 
work, bears a notation or mark of a kind referred to in subsection (1), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4) the notation or mark shall, unless the contrary is 
proved, be deemed to have been made on the reproduction at or about the time the 
reproduction was made. 
  (9A) The production, in any proceedings:                (a) for infringement of copy right in a sound recording, a cinematograph film or 
an eligible item; or 
              (c) for a contravention of this Act;   of a copy of a sound recording or a cinema tograph film bearing, or to which there is 
attached, a notation or mark of the kind referred to in subsection (2), 135K(1), 135ZX(1), 135ZQ(4) or 135ZT(4), is prima facie evidence of the matters stated in the 
notation or mark. 
  (9B) For the purposes of subsection (9A), where a copy of a sound recording or a 
cinematograph film bears, or where there is attached to such a copy, a notation or mark of the kind referred to in subsec tion (2), 135K(1), 135ZX(1), 135ZQ(4) or 
135ZT(4), the notation or mark shall, unless the contrary is proved, be deemed to 
have been made on or attached to the copy  at or about the time the copy was made. 
  (10) In this section: 
 
  reproduction , in relation to a work, or part of  a work, includes a microform copy, a 
Braille version, a large print version, or a photographic version of the work, or of the 
part of the work. 
 
Part XI—Transitional 
 Division 1—Preliminary 
 
204  Interpretation 
 
 (1) In this Part, the expression  photograph  has, in lieu of the meaning given to that 
expression by section 10, the meaning given by the next succeeding subsection. 
 
 (2) For the purposes of any provision of this Part that provides that an expression is to 
have the meaning given to that expression by this section or that refers to an 
expression as defined by this section: 
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Page 240  
 
    collective work  means: 
   (a) an encyclopaedia, dictionary, year book or similar work;   (b) a newspaper, review, maga zine or similar periodical; or 
              (c) a work written in distinct parts by different authors, or in which works or 
parts of works of different authors are incorporated. 
 
  deliver , in relation to a lecture, includes deliver  by means of a mechanical instrument. 
 
  dramatic work  includes a piece for recitation, a choreographic work or entertainment 
in dumb show the scenic arrangement or acti ng form of which is fixed in writing or 
otherwise, and a cinematograph production where the arrangement, the acting form or 
the combination of incidents represented gives the work an original character. 
 
  lecture  includes an address, speech and sermon. 
 
  literary work  includes a map, chart, plan, table and compilation. 
 
  perform , in relation to a dramatic work as defined by this section or a musical work, 
means make an acoustic representation of th e work or a visual representation of a 
dramatic action in the work, and includes make such a representation by means of a 
mechanical instrument. 
 
  photograph  includes photo-lithograph and a work produced by a process similar to 
photography. 
 205  References to making of works, recordings and films 
 
  For the purposes of any reference in th is Part to works, sound recordings or 
cinematograph films made before the co mmencement of this Act, a work, sound 
recording or cinematograph film the maki ng of which extended over a period shall be 
deemed not to have been made before the commencement of this Act unless the 
making of it was completed before the commencement of this Act. 
 
206  References in other laws or instruments to copyright 
 
 (1) Without prejudice to the operation of the succeeding sections of this Part: 
 
              (a) a reference in any other law of the Commonwealth or in any contract, 
agreement or other instrument to a provision of the Copyright Act, 1911 shall be read as a reference, or as incl uding a reference, to the corresponding 
provision of this Act; 
              (b) a reference in any other law of the Commonwealth or in any contract, 
agreement or other instrument to copyright or to works in which copyright 
subsists shall, if apart from this Act it would be read as a reference to copyright under the Copyright Act, 1911 or to works in which copyright subsisted under that Act, be read as a reference, or as including a reference, to copyright under this Act or to works or any other subject-matter in which 
copyright subsists under this Act, as the case may be; and 
              (c) a reference in any other law of the Commonwealth or in any contract, 
agreement or other instrument to the gr ant of an interest in copyright by 
licence shall be read, in relation to copy right under this Act, as a reference to 
the grant of a licence in respect of that copyright.  IP/N/1/AUS/C/3 
 Page 241 
 
 
   
 (2) This section has effect unless the contrary  intention appears in the other law of the 
Commonwealth or in the contract, agreement or other instrument, as the case may be. 
  (3) In this section, law of the Commonwealth  means: 
 
  (a) an Act;              (b) an instrument (including regulations or rules) having effect by virtue of an 
Act; 
  (c) an Ordinance of a Territory and any other law in force in a Territory; 
             (d) an instrument (including re gulations or rules) having effect by virtue of such 
an Ordinance or law; and 
             (e) an instrument having effect  by virtue of any such regulations or rules as are 
mentioned in paragraph (b) or paragraph (d). 
 207  Application 
 
  Except in so far as this Part otherwise e xpressly provides, this Act applies in relation 
to things existing at the commencement of this Act in like manner as it applies in 
relation to things coming into existen ce after the commencement of this Act. 
 208  Authorship of photographs 
 
  A reference in this Act to the author of  a photograph shall, in relation to a photograph 
taken before the commencement of this Act, be read as a reference to the person who, 
at the time when the photograph was taken,  was the owner of the material on which 
the photograph was taken. 
 
209  Publication 
 
 (1) For the purposes of the application of subsection 29(5) in determining whether a 
publication that took place before the co mmencement of this Act was the first 
publication, the reference in that subsection to  a period of not more than 30 days shall 
be read as a reference to a period of not more than 14 days. 
  (2) For the purposes of the application of subsection 29(7) in relation to an act done 
before the commencement of this Act: 
              (a) a reference in that s ubsection to copyright includ es a reference to copyright 
under the Copyright Act 1905 and to copyright under the Copyright Act, 
1911; and 
  (b) a reference in that subsection to the licence of the owner of copyright shall: 
                            (i) in relation to copyright under the Copyright Act 1905 —be read as a 
reference to the privity of the owner; and 
                          (ii) in relation to copyright under the Copyright Act, 1911—be read as a 
reference to the consent or acquiescence of the owner. 
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  Division 2—Original works 
 210  Expired copyright not to revive 
 
 (1) Notwithstanding anything in Part III, copy right does not subsist by virtue of that Part 
in a work first published before the co mmencement of this Act unless copyright 
subsisted in the work under the Copyright Act, 1911 immediately before the commencement of this Act. 
  (2) The last preceding subsection does not apply in relation to a work to which Division 5 
applies. 
 
211  Original works in which copyright subsists 
 
 (1) Subsection 32(1) applies to works made before the commencement of this Act as if 
each reference in that subsection to a qualified person included a reference to a 
British subject and to a person domiciled in  any part of the Queen’s dominions to 
which the Copyright Act, 1911 extended. 
  (2) Subsection 32(2) applies to works first published before the commencement of this 
Act as if paragraphs (d) and (e) of that subsection were omitted. 
 
 (3) Subsection 32(2) applies to works that are first published after the commencement of 
this Act and the author of which di ed before the commencement of the Nationality 
and Citizenship Act 1948 as if the reference in paragraph 32(2)(e) to a qualified 
person included a reference to a person who would have been an Australian citizen if 
that Act had been in force immediately before his or her death. 
  (4) Subsection 32(3) does not apply to or in  relation to a building that was constructed 
before the commencement of this Act. 
  (5) This section has effect subject to the last preceding section. 
 
212  Duration of copyright in photographs 
 
  Subsection 33(6) does not apply in re lation to a photograph taken before the 
commencement of this Act but, subject to subsection 32(2) as affected by the last 
preceding section, copyright subsisting in such a photograph by virtue of Part III 
continues to subsist until the expiration of 50 years after the expiration of the calendar 
year in which the photograph was taken. 
 
213  Ownership of copyright 
  (1) Subsections 35(4) and (6) do not apply in relation to works made before the 
commencement of this Act. 
  (2) Subsection 35(5) does not apply in relation to a work that was or is made in 
pursuance of an agreement made befo re the commencement of this Act. 
 
 (3) Where a work is excluded from the application of subsection 35(4), (5) or (6) by 
reason of either of the last two preceding subsections, subsection 35(2) has effect in relation to the work subject to the succeeding subsections of this section. 
  IP/N/1/AUS/C/3 
 Page 243 
 
 
   (4) The operation of any of the next three succeeding subsections in relation to a 
particular work may be excluded or modified by agreement. 
  (5) Where, in the case of a work bei ng a photograph, portr ait or engraving: 
 
              (a) a person made, for valuab le consideration, an agreement with another person 
for the taking of the photograph, the painting or drawing of the portrait or the making of the engraving by the other person; and 
              (b) the work was made in pursuance of the agreement; 
  the first-mentioned person is the owner of any copyright subsisting in the work by 
virtue of Part III. 
  (6) Where the work was made by the author  in pursuance of the terms of his or her 
employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright s ubsisting in the work by virtue of Part III. 
 
 (7) Where the work is a literary, dramatic or artistic work that was made by the author in 
pursuance of the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and was so made for the purpose of publication in  a newspaper, magazine or similar 
periodical, the author is entitled to restrain the publication of the work otherwise than 
in a newspaper, magazine or similar periodical. 
  (8) In the last three preceding subsections, expressions that are defined by section 204 
have the meanings respectively given to t hose expressions by that section and do not 
have the meanings, if any, respectivel y given to those expressions by Part II. 
 
214  Infringement by importation, sale and other dealings 
 
  For the purposes of sections 37 and 38, the fact that, to the knowledge of a person, the 
making of an article constituted, or, in the case of an imported article, would, if the article had been made in Australia by the im porter of the article, have constituted, an 
infringement of copyright under the Copyright  Act, 1911 has the like effect as if, to 
the knowledge of that person, the making of the article had constituted, or would, if 
the article had been made in Australia by  the importer, have constituted, as the case 
may be, an infringement of copyright under this Act. 
 215  Recording of musical works 
 
 (1) Where a record of a work has, before the commencement of this Act, been made by, 
or with the consent or acquiescence of, the owner of the copyright in the work under 
the Copyright Act, 1911, Division 6 of Part III has the like effect as if the record had 
been made in Australia for the purpose of reta il sale and had been so made by, or with 
the licence of, the person who is entitled, by virtue of this Act, to authorize the 
making in Australia of records of the work. 
  (2) Notwithstanding subsection 5(1) of this Act,  subsections 19(2) to (7), inclusive, of the 
Copyright Act, 1911 as in force immediatel y before the commencement of this Act 
continue to apply in relation to records made before the commencement of this Act 
and, subject to those subsections, any re gulations made for the purposes of those 
subsections and in force imme diately before the commencement of this Act continue 
to apply in relation to those records. 
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  216  Publication of artistic works 
 
  Section 68 does not apply in relation to a painting, drawing, engraving, photograph or 
cinematograph film made before the date  of commencement of this Act, but the 
copyright in an artistic work is not infringed by the publication of a painting, 
drawing, engraving, photograph or cinematogr aph film made before that date if, by 
virtue of section 65 or section 66, the maki ng of the painting, drawing, engraving, 
photograph or film would not have constituted an infringeme nt of the copyright under 
this Act if this Act had been in operation at the time when it was made. 
 217  Reconstruction of buildings 
 
  The reference in subsection 73(2) to cons truction of a building by, or with the licence 
of, the owner of the copyright in architectural drawings or plans shall be read as including a reference to construction by, or with the licence of, the person who, at the 
time of the construction, was the owner of the copyright in the drawings or plans 
under the law relating to copyright that was in force at that ti me in the State or 
Territory in which the building was constructed. 
 
218  Industrial designs 
  (1) Division 8 of Part III does not apply to artistic works made before the commencement 
of this Act. 
  (2) Copyright does not subsist by virtue of th is Act in an artistic work made before the 
commencement of this Act which, at the time when the work was made, constituted a 
design capable of being registered under the Designs Act 1906 , or under that Act as 
amended and in force at that time, and was used, or intended to be used, as a model or 
pattern to be multiplied by an industrial process. 
 
219  Reproduction of work upon payment of royalties 
  (1) The copyright in a literary, dramatic, musi cal or artistic work that has been published 
before the commencement of this Act is not  infringed by the reproduction of the work 
for sale if: 
               (a) the reproduction takes place at a time after the expiration of twenty-five 
years, or, in the case of a work in  which copyright subsisted at the 
commencement of the Copyright Act, 1911, after the expiration of thirty years, after the date of the death of the author; and 
  (b) the person reproducing the work establishes:                             (i) that, be fore the commencement of this Act, he or she gave the notice 
in writing of his or her intention to reproduce the work that was 
prescribed for the purposes of the proviso to section 3 of the Copyright Act, 1911; and 
                           (ii) that he or she has paid, in the manner that was prescribed for the 
purposes of that proviso, or is prescribed for the purposes of this 
section, as the case may be, to, or for the benefit of, the owner of the 
copyright royalties in respect of all copies of the work sold by him or 
her calculated at the rate of ten per centum of the price at which he or she published the reproduction. 
  IP/N/1/AUS/C/3 
 Page 245 
 
 
   (2) The regulations may make provision for or in relation to the manner in which, and the 
times at which, payment of royalties is to be made for the purposes of subparagraph (ii) of paragra ph (b) of the last preceding subsection and may include 
provision requiring payment in advance, or  otherwise securing the payment of the 
royalties. 
 
 (3) Regulations 38 to 42, inclusive, of the Copyright Regulations as in force under the 
Copyright Act 1912-1966 immediately before the commencement of this Act 
continue in force for the purposes of this section as if they had been made under this 
Act, but may be amended or repealed by regulations made under this Act. 
 
 (4) A reference in paragraph (1)(a) to a time  after the expiration of a specified number of 
years from the date of the death of the author of a work shall, in the case of a work of 
joint authorship, be read as a reference to a time after: 
 
              (a) the expiration of the same number of years from the date of the death of the 
author who died first; or 
  (b) the date of the death of the author who died last;   whichever is the later.   (5) Where a literary, dramatic or musical wo rk, or an engraving, in which copyright 
subsisted at the date of the death of the author or, in the case of a work of joint 
authorship, at or immediately before the date of the death of the author who died last: 
   (a) had not been published;               (b) in the case of a dramatic or musical work—had not been performed in public; 
and 
  (c) in the case of a lecture—had not been delivered in public;   before that date, subsection (1) applies as if  the author had died on the date on which: 
              (d) in the case of a literary wo rk (other than a lecture) or an engraving—the work 
was first published; 
              (e) in the case of a dramatic or musical work—the work was first published or 
first performed in public, wh ichever first happened; or 
              (f) in the case of a lectur e—the lecture was first published or first delivered in 
public, whichever first happened. 
  (6) In this section, expressions that are defined by section 204 have the meanings 
respectively given to those expressions by that section and do not have the meanings, 
if any, respectively given to those expressions by Part II. 
 
Division 3—Subject-matter other than works 
 220  Sound recordings 
 
 (1) Subsection 89(1) applies in relation to sound recordings made before the 
commencement of this Act as if the referen ce in that subsection to a qualified person 
included a reference to a British subject and to a person domiciled in any part of the 
Queen’s dominions to which the Copyright Act, 1911 extended. 
 
 (2) Subsection 89(2) does not apply in relation to a sound recording made before the 
commencement of this Act. 
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Page 246  
 
   (3) Section 93 does not apply in relation to a sound recording made before the 
commencement of this Act but copyright subs isting in such a recording by virtue of 
subsection (1) or subsection (3) of section 89  continues to subsist until the expiration 
of 50 years after the expiration of the calendar year in which the recording was made. 
 221  Cinematograph films 
 
  Copyright does not subsist by virtue of section 90 in a cinematograph film made 
before the commencement of this Act. 
 222  Application of Act to dramatic works and photographs comprised in cinematograph films 
 
 (1) Where a cinematograph film made before the commencement of this Act was an 
original dramatic work as defined by section 204, this Act (other than this subsection) 
has effect in relation to the film as if the film had been an original dramatic work as 
defined by section 10 and the person who was the author of the work for the purposes 
of the Copyright Act, 1911 shall be deemed to be the author of the work for the purposes of this Act as having effect by virtue of this subsection. 
  (2) This Act has effect in relation to phot ographs forming part of a cinematograph film 
made before the commencement of this Act in like manner as it has effect in relation 
to photographs not forming part of a cinematograph film. 
 
223  Television broadcasts and sound broadcasts 
 
  Copyright does not subsist by virtue of section 91 in: 
 
              (a) a television broadcast  or a sound broadcast made  before the commencement 
of this Act; or 
              (b) a television broadcast or a sound broadcast made after the commencement of 
this Act that is a repetition of a tele vision broadcast or a sound broadcast 
made before the commencement of this Act. 
 224  Published editions of works 
 
  Copyright does not subsist by virtue of section 92 in a published edition of a work or 
works where the first publication of the edition took place before the commencement 
of this Act. 
 
225  Infringement by importation, sale and other dealings 
 
  For the purposes of sections 102 and 103, th e fact that, to the knowledge of a person, 
the making of an article constituted, or, in  the case of an imported article, would, if 
the article had been made in Australia by th e importer of the article, have constituted, 
an infringement of copyright under the Co pyright Act, 1911 has the like effect as if, 
to the knowledge of that person, the making of  the article had constituted, or would, if 
the article had been made in Australia by  the importer, have constituted, as the case 
may be, an infringement of copyright under this Act. 
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 Page 247 
 
 
  Division 4—Miscellaneous 
 226  Actions for infringement 
 
  Section 115 does not apply to an infringement of copyright under the Copyright 
Act, 1911 and does not affect any proceedi ngs under that Act, whether instituted 
before or after the commencement of this Act. 
 
227  Infringing copies 
   Section 116 of this Act does not apply in re lation to an article made, or imported into 
Australia, before the commencement of this  Act, but, notwithstanding subsection 5(1) 
of this Act, proceedings may, subject to  the Copyright Act, 1911, be brought or 
continued by virtue of section 7 of that Act in relation to such an article and may be 
so brought or continued a lthough the proceedings rela te to the conversion or 
detention of the article after the commencement of this Act. 
 
228  Actions where copyright subject to exclusive licence 
 
  Division 3 of Part V does not apply in relation to a licence granted before the 
commencement of this Act and does not aff ect any proceedings under the Copyright 
Act, 1911, whether instituted before or after the commencement of this Act. 
 
229  Offences and summary proceedings 
 
  For the purposes of Division 5 of Part V, the definition of infringing copy  in section 
10 applies as if any reference in that defi nition to copyright included a reference to 
copyright under the Copyright Act, 1911. 
 
230  Limitation of actions 
 
  Section 134 of this Act does not apply in relation to an infringement of copyright 
under the Copyright Act, 1911 or to an ar ticle made, or imported into Australia, 
before the commencement of this Act. 
 
231  Restriction of importation of printed copies of works 
   Where: 
               (a) before the date of co mmencement of this Act, a notice had been given in 
respect of a work under section 10 of the Copyright Act 1912 or of that Act as 
amended; and 
              (b) that notice had not been withdrawn, and had not otherwise ceased to have 
effect, before that date; 
  the notice has, during the period of six months commencing on that date, such effect 
(if any) as it would have if it had been duly given in accordance with section 135 of this Act. 
 232  References and applications to Tr ibunal in relation to licence schemes 
 
 (1) Part VI applies in relation to licence schemes formulated before the date of 
commencement of this Act in like manner as it applies in relation to licence schemes formulated on or after that date, but, for the purposes of the application of that Part in IP/N/1/AUS/C/3 
Page 248  
 
  relation to licence schemes formulated before that date, any reference in that Part to 
copyright includes a reference to copyright under the Copyright Act, 1911. 
  (2) Any reference in section 157 to a refusal or  failure to grant or procure the grant of a 
licence, or to a proposal that a licence should be granted, does not include a reference 
to a refusal or failure that occurred, or a proposal that was made, before the 
commencement of this Act. 
 
233  Duration of Crown copyright in photographs 
   Subsection 180(2) applies in relation to  photographs taken before the commencement 
of this Act as if subsection 180(3) were omitted. 
 
234  Duration of Crown copyright in recordings 
   Section 181 applies in relation to sound recordings made before the commencement 
of this Act as if the reference in that sec tion to the expiration of the calendar year in 
which the recording is first published were  a reference to the expiration of the 
calendar year in which the recording was made. 
 
235  Crown copyright in films 
 
 (1) Sections 178 and 181 do not apply in rela tion to cinematograph f ilms made before the 
commencement of this Act. 
  (2) Where sections 178 and 181 do not apply in relation to a cinematograph film by 
reason of the last preceding subsection: 
               (a) if the film was an original dramatic work as defined by section 204—
sections 176 and 177, and subsection 180(1), apply in relation to that work in 
accordance with subsection 222(1); and 
              (b) sections 176 and 177,  and subsection 180(2) as modified by section 233, 
apply in relation to photographs formi ng part of the film in like manner as 
they apply in relation to photographs not forming part of a cinematograph film. 
 
236  Works made or published by international organizations 
 
 (1) Subsection 187(1) does not apply in  relation to works made before the 
commencement of this Act. 
  (2) Subsection 187(2) does not apply in relation to works first published before the 
commencement of this Act. 
 237  Subject-matter, other than original wo rks, made or published by international 
organizations 
 
 (1) Subsection 188(1) does not apply in rela tion to sound recordings or cinematograph 
films made before the commencement of this Act. 
  (2) Subsection 188(2) does not apply in rela tion to sound recordings or cinematograph 
films first published before the commencement of this Act. 
  IP/N/1/AUS/C/3 
 Page 249 
 
 
   (3) Subsection 188(3) does not apply in re lation to an edition published before the 
commencement of this Act. 
 
239  Assignments and licences 
  (1) Subject to this section, where copyright s ubsists in a work by virtue of this Act, any 
document that was made, or event that o ccurred, before the commencement of this 
Act, being a document or event that had an y operation affecting the ownership of, or 
creating, transferring or terminating an interest, right or licence in respect of, copyright in the work under the Copyright Act, 1911 or would have had such an 
operation if that Act had continued in for ce, has the like operation in relation to the 
copyright in the work under this Act. 
  (2) If the operation of a document to which th e last preceding subsection applies was or 
would have been limited to a period specif ied in the document, the document does not 
have any operation in relation to the copyright under this Act, except in so far as that 
period extends after the commencement of this Act. 
  (3) For the purposes of the operation of a do cument in accordance with this section: 
               (a) expressions used in th e document have the same respective meanings as they 
had immediately before the commencement of this Act, whether or not those 
expressions have different meanings  for the purposes of this Act; and 
  (b) subsection 197(1) does not apply.   (4) Without prejudice to the generality of sub section (1), where the author of a work that 
was made before the commencement of this Act was the first owner of the copyright 
in the work: 
               (a) any assignment of the copy right, or any grant of an interest in the copyright, 
made by the author (otherwise than by will) after the commencement of the Copyright Act, 1911 and before the commencement of this Act, being an 
assignment or grant that has effect in relation to copyright in the work under 
this Act by virtue of subsection (1), do es not operate to vest in the assignee or 
grantee any rights with respect to th e copyright in the work after the 
expiration of 25 years after the date of the death of the author; 
              (b) on the death of the author , the reversionary interest in the copyright expectant 
on the termination of that period devolves, notwithstanding any agreement to 
the contrary, on his or her legal personal representative as part of his or her 
estate; and 
              (c) any agreement entered into by the author as to the disposition of that 
reversionary interest is of no force or effect; 
  but nothing in this subsection shall be  taken to apply to the assignment of the 
copyright in a collective work or a licence to  publish a work or a part of a work as 
part of a collective work. 
  (5) In the last preceding subsection, expressi ons that are defined by section 204 have the 
meanings respectively given to those expressi ons by that section and do not have the 
meanings, if any, respectively give n to those expressions by Part II. 
  (6) The preceding subsections of this section apply in relation to copyright under this Act 
in a sound recording or in a cinematograph film in like manner as they apply in IP/N/1/AUS/C/3 
Page 250  
 
  relation to copyright in a work but a refere nce in those subsections to the copyright 
under the Copyright Act, 1911 shall: 
               (a) in the application of those subsections in relation to a sound recording—be 
read as a reference to the copyright und er that Act in records embodying the 
recording; and 
              (b) in the application of those subsections in relation to a cinematograph film—
be read as a reference to any copyright under that Act in the film (in so far as 
it constituted a dramatic work for the pur poses of that Act) or in photographs 
forming part of the film. 
 
240  Bequests 
 
 (1) Section 198 does not apply in relation to a bequest contained in the will of a testator 
who died before the commencement of this Act. 
 
 (2) Where:    (a) an author has died before the commencement of this Act;               (b) a person has acquired, under the will of the author, the ownership of a 
manuscript of a work by the author; and 
  (c) the work: 
   (i) has not been published;                            (ii) in the case of a dramatic or musical work—has not been performed in 
public; and 
   (iii) in the case of a lecture—has not been delivered in public; 
  the ownership by that person of the manuscript is evidence that that person is the 
owner of the copyright in the work. 
  (3) In the last preceding subsection, expressi ons that are defined by section 204 have the 
meanings respectively given to those expressi ons by that section and do not have the 
meanings, if any, respectively give n to those expressions by Part II. 
 
241  Delivery of library material to National Library 
 
  Section 201 does not apply in relation to  library material published before the 
commencement of this Act. 
 
242  Groundless threats of legal proceedings 
 
  Section 202 of this Act does not appl y in relation to threats made after the 
commencement of this Act in respect of acts that took place before the commencement of this Act and, notwithsta nding section 6 of this Act, section 41A of 
the Copyright Act 1912-1966 continues to apply in relation to any such threats in like 
manner as it continues to apply in relation to threats made before the commencement 
of this Act. 
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 Page 251 
 
 
  Division 5—Works made before 1 July, 1912 
 243  Interpretation 
 
  In this Division, right conferred by the Copyright Act, 1911 , in relation to a work, 
means a right that, by virtue of section 24 of the Copyright Act, 1911, was conferred 
in place of a right that subsisted immediat ely before the commencement of that Act. 
 
244  Application 
   This Division applies to works made before 1 July 1912. 
 
245  Rights conferred by Copyright Act, 1911 
 
  Notwithstanding anything in Division 2, section 32 of this Act does not apply to a 
work to which this Division applies unless a right conferred by the Copyright Act, 
1911 subsisted in the work immediately before the commencement of this Act. 
 
246  Performing rights 
 
 (1) Where the right conferred by the Copyri ght Act, 1911 in relation to a dramatic or 
musical work to which this Division applies did not include the sole right to perform 
the work in public, then, copyri ght, in so far as it subsists in the work by virtue of this 
Act, does not include the performi ng rights in relation to the work. 
  (2) Where the right conferred by the Copyri ght Act, 1911 in relation to a dramatic or 
musical work to which this Division applies consisted only of the sole right to 
perform the work in public, then, copyright, in so far as it subsists in the work by 
virtue of this Act, consists only of th e performing rights in relation to the work. 
  (3) For the purposes of this section, the perfo rming rights, in relation to a work, are: 
 
              (a) the exclusive right to perform the work, or an adaptation of the work, in 
public; 
              (b) the exclusive right to co mmunicate the work or an adaptation of the work to 
the public. 
 247  Contributions to periodicals 
 
  Where:                (a) a work to which this Division applies (in this section referred to as the 
relevant work ) consists of an essay, article or item forming part of, and first 
published in, a review, magazine or othe r periodical or work of a like nature; 
and 
              (b) immediately before the commencement of this Act, a right of publishing the 
relevant work in a separate form subsisted by virtue of the note to the First Schedule to the Copyright Act, 1911; 
  copyright subsisting in the relevant work by virtue of this Act is subject to that right 
of publishing the relevant work in a separate form. 
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  248  Assignments and licences 
 
 (1) Without prejudice to the generality of subsection 239(1) of this Act, where:                (a) the author of a work  to which this Division applies had, before the 
commencement of the Copyright Act, 1911, made an assignment or grant of a 
kind referred to in paragra ph (a) of the proviso to s ubsection 24(1) of that Act 
(in this section referred to as the proviso ); and 
  (b) copyright subsists in the work by virtue of this Act;   the succeeding subsections of this section have effect. 
 
 (2) If, before the commencement of this Ac t, an event occurred or a notice was given, 
being an event or notice that, in accordance with paragraph (a) of the proviso, had any 
operation affecting the ownership of the ri ght conferred by the Copyright Act, 1911 
in relation to the work or creating, transf erring or terminating an interest, right or 
licence in respect of that right, that event or notice has the like operation in relation to 
the copyright in the wo rk under this Act. 
  (3) Any right that, at a time after the comme ncement of this Act, would, by virtue of 
paragraph (a) of the proviso, have been ex ercisable in relation to the work or in 
relation to the right conferred by the Copyright Act, 1911, if this Act had not been 
enacted, is exercisable in relation to the work  or in relation to the copyright subsisting 
in the work under this Act, as the case may be. 
  (4) If, in accordance with paragraph (a) of  the proviso, the right conferred by the 
Copyright Act, 1911 would have reverted to the author or his or her personal 
representatives on the date referred to in that paragraph, and that date occurs after the 
commencement of this Act,  then on that date: 
               (a) the copyright in the work under this Act reverts to the author or his or her 
personal representatives, as the case may be; and 
              (b) any interest of any other person in that copyright that subsists on that date by 
virtue of any document made before  the commencement of the Copyright 
Act, 1911 ceases. 
 
Part XIA—Performers’ protection 
 
Division 1—Preliminary 
 248A  Interpretatione 
 
 (1) In this Part: 
 
  action  means a proceeding of a civil nature between parties and includes a 
counterclaim. 
 
  authorised , in relation to a recording of a performance, means made with the 
authority of the performer. 
 
  cinematograph film  includes an article in which visual images are embodied and 
which is capable of being used to show  those images as a moving picture, and a 
sound-track associated with those images. 
  IP/N/1/AUS/C/3 
 Page 253 
 
 
    direct , in relation to a sound recording or cinematograph film of a performance, 
means made directly from the live performance. 
 
  exempt recording  means: 
 
              (a) an indirect sound r ecording or an indirect cinematograph film of a 
performance, being a sound recording or film made solely for the purpose of 
the private and domestic use of the person who made it; 
              (b) an indirect sound recording or an indirect cinematograph film of a 
performance, being a sound recording or film made solely for the purpose of 
use in scientific research; 
              (c) an indirect sound r ecording or an indirect cinematograph film of a 
performance, being a sound recording or film made by, or on behalf of, the body administering an educational in stitution solely for the educational 
purposes of that institution or of another educational institution; 
              (d) an indirect sound recording or an indirect cinematograph film of a 
performance, being a sound recording or film made by, or on behalf of, the body administering an institution assisting persons with a print disability solely for the purpose of the provision, whether by the institution or otherwise, of assistance to persons with a print disability; 
              (e) an indirect sound r ecording or an indirect cinematograph film of a 
performance, being a sound recording or film made by, or on behalf of, the 
body administering an institution assisting persons with an intellectual disability solely for the purpose of the pr ovision, whether by the institution or 
otherwise, of assistance to persons with an intellectual disability; 
              (f) a direct or indirect sound recording or cinematograph film of a performance 
made: 
                            (i) for the purpose of, or associated with, the reporting of news or 
current affairs; or 
   (ii) for the purpose of criticism or review;  
              (g) a direct or indirect sound recording or cinematograph film of a performance 
made solely for the purpose of a judicial proceeding or the giving of professional advice by a legal practitioner; 
              (h) a direct sound recordi ng or cinematograph film of a performance made by a 
broadcaster who has the authority of the performer to broadcast the 
performance, being a recording or fi lm made solely for the purpose of 
making that broadcast; 
              (j) a direct or indirect sound recording or cinematograph film of a performance 
made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, th at the performer has authorised the 
making of the recording or film by the person; 
              (k) a copy of a sound recording or cinematograph film referred to in 
paragraph (a), (b), (c), (d), (e), (f) or (g), being a copy made solely for a purpose referred to in any of those paragraphs; 
              (m) a copy of a sound recording or cinematograph film referred to in 
paragraph (h), being a copy made solely  for the purpose referred to in that 
paragraph; 
              (n) a copy of a sound recording or cinematograph film referred to in 
paragraph (j), being a copy made: 
 IP/N/1/AUS/C/3 
Page 254  
 
                             (i) by a person who believes, due to a fraudulent or innocent 
representation made to the person, that the performer has authorised the making of the copy; or 
                           (ii) solely for a purpose referred to in paragraph (a), (b), (c), (d), (e), (f) 
or (g); or 
 
              (p) a copy of an authorised  recording of a performance, other than a copy of an 
authorised sound recording where the copy was made for use in a sound-track but the making of the sound recording was not authorised for the purpose of 
use in a sound-track. 
 
  indirect , in relation to a sound recording or cinematograph film of a performance, 
means made from a broadcast, or a re-broadcast, of the performance. 
 
  performance  means: 
 
              (a) a performance (including an improvisation) of a dramatic work, or part of 
such a work, including such a perform ance given with the use of puppets; 
              (b) a performance (including an improvisation) of a musical work or part of such 
a work; 
              (c) the reading, recitation or delivery of a literary work, or part of such a work, 
or the recitation or delivery of an improvised literary work; 
  (d) a performance of a dance; or               (e) a performance of a circus act or a variety act or any similar presentation or 
show; 
  being a live performance given in Aust ralia or given by one or more qualified 
persons, whether in the presence of an audience or otherwise. 
 
  protection period , in relation to a performance, has the meaning given by 
section 248CA. 
 
  qualified person  means an Australian citizen, an Australian protected person or a 
person resident in Australia. 
 
  recording  means a sound recording or cinematograph film, other than an exempt 
recording. 
 
  sound recording  includes an article in which sounds are embodied. 
 
  unauthorised , in relation to a recording of a performance, means made without the 
authority of the performer. 
 
  unauthorised use  has the meaning given by section 248G. 
 
 (2) The following shall be taken not to be  performances for the purposes of this Part: 
   (a) a performance referred to in subsection 28(1);   (b) a reading, recital or delivery of any item of news and information; 
  (c) a performance of a sporting activity; or 
  (d) a participation in a performance as a member of an audience.   IP/N/1/AUS/C/3 
 Page 255 
 
 
   (3) In this Part: 
               (a) a reference to the doi ng of an act in relation to a performance includes a 
reference to the doing of that act in relation to a substantial part of the 
performance; 
              (b) a reference to the doing of  an act in relation to a performance, or a recording 
of a performance, with the authority of the performer is, in the case of 2 or 
more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act; 
              (c) a reference to the doing of an act in relation to a performance, or a recording 
of a performance, without the authority of the performer is, in the case of 2 or 
more performers, a reference to the doing of the act where at least one of the performers has not authorised the doing of the act; and 
              (d) a reference to a sound-track is a reference to a sound-track associated with 
visual images forming part of a cinematograph film. 
 
248B  Educational purposes 
 
  Without limiting the meaning of the expression educational purposes  in 
paragraph (c) of the definition of exempt recording  in subsection 248A(1), a sound 
recording or cinematograph film of a perform ance shall be taken to have been made 
for the educational purposes of an e ducational institution if it is made: 
               (a) for use in connection with a particular course of instruction provided by the 
institution; or 
  (b) for inclusion in the collection of a library of the institution. 
 
248C  Exempt recordings cease to be exem pt recordings in certain circumstances 
 
 (1) If any copies of a sound recording or a ci nematograph film of a performance, being a 
sound recording or film that is an exem pt recording under paragraph (h) of the 
definition of exempt recording  in subsection 248A(1), are not destroyed before the 
end of the period of 12 months beginning on the day on which any of those copies is 
first used for broadcasting the performance, the sound recording or film shall, at the end of that period, cease to be an exempt recording. 
  (2) A sound recording or cinematograph film, or  a copy of such a recording or film, that 
is an exempt recording because it was made for a purpose referred to in paragraph (a), 
(b), (c), (d), (e) or (f) of the definition of exempt recording  in subsection 248A(1) 
ceases to be an exempt recording if it is  used for any other purpose without the 
authority of the performer. 
 
248CA  Protection period 
 
 (1) Subject to subsections (2) and (3), the protection period of a performance is the 
period beginning on the day when the performance was given and ending at the end of the period of 20 calendar years after the calendar year in which the performance was given. 
 
 (2) For the purposes of section 248QA, the protection period of a performance is the 
period beginning on the day when the performance was given and ending at the end of the period of 50 calendar years after the calendar year in which the performance was given. IP/N/1/AUS/C/3 
Page 256  
 
   
 (3) For the purposes of the operation, in relation to a sound recording of a 
performance, of a provision of this Part listed in subsection (4), the protection 
period of a performance is the period beginning on the day when the performance was given and ending at th e end of the period of 50 calendar 
years after the calendar year in which the performance was given. 
  (4) Subsection (3) applies to the following provisions of this Part:    (a) paragraphs 248G(1)(a), (2)(a), (2)(b) and (2)(d) to (g); 
  (b) subsection 248P(1); 
  (c) subsection 248P(2);   (d) subsection 248P(6);   (e) subsection 248Q(1);   (f) subsection 248Q(2); 
  (g) subsection 248Q(4); 
  (h) subsection 248Q(6).  
248D  Private and domestic use 
 
  For the purposes of this Part, a sound record ing or cinematograph film shall be taken 
not to have been made for the private and domestic use of the pers on who made it if it 
is made for the purpose of: 
              (a) selling it, letting it for hire , or by way of trade offering or exposing it for sale 
or hire; 
  (b) distributing it, whether for the purpose of trade or otherwise; 
  (c) by way of trade exhibiting it in public; 
  (d) broadcasting the film or recording; or   (e) causing the film or recording to be seen or heard in public.  
248F  Application 
  (1) Except for section 248QA, this Part applies to an act done on or after the 
commencement of this Part in relation to  a performance given on or after that 
commencement. 
  (2) Nothing in this Part affects any copyright subsisting in a work that is performed or in 
any sound recording, cinematograph film or  broadcast of a performance, or any other 
right or obligation arising otherwise than under this Part. 
  (3) In the application of this Part to a co unterclaim, the reference in section 248J to the 
defendant shall be read as a reference to the plaintiff. 
 Division 2—Actions by performers  248G  What constitutes unauthorised use 
 
 (1) A person makes an unauthorised use of  a performance if the person, at any time 
during the protection period of the performance and without the authority of the 
performer: 
   (a) makes a direct or indirect recording of the performance; or  IP/N/1/AUS/C/3 
 Page 257 
 
 
                (b) broadcasts or re-bro adcasts the performance, eith er directly from the live 
performance or from an unauthorised recording of it. 
  (2) A person makes an unauthorised use of  a performance if the person, at any time 
during the protection period of the performance and without the authority of the 
performer: 
              (a) makes a copy of a recording of the performance that the person knows, or 
ought reasonably to know, is an unauthorised recording; 
             (b) makes a copy of an ex empt recording of the performance, being a copy that 
the person knows, or ought reasonably to know, is not itself an exempt 
recording; 
             (c) makes, for use in a sound-track, a copy of an authorised sound recording of 
the performance and the person knows, or ought reasonably to know, that the 
making of the sound recording was not authorised for the purpose of use in 
that or any other sound-track; 
             (d) has in his or her po ssession a recording of the performance, for the purpose 
of: 
                          (i) selling it, letting it for hire, or by way of trade offering or exposing it 
for sale or hire; or 
                         (ii) distributing it for the purpose of trade, or for any other purpose that 
will affect prejudicially the financial interests of the performer or performers in the performance; 
  being a recording that the person know s, or ought reasonably to know, is an 
unauthorised recording; 
 
              (e) sells, lets on hire, or by way of trade exhibits in public or offers or exposes 
for sale or hire, a recording of the performance that the person knows, or ought reasonably to know, is an unauthorised recording; 
              (f) distributes a recording of  the performance for the pur pose of trade, or for any 
other purpose to an extent that will affect prejudicially the financial interests 
of the performer or performers in the performance, being a recording that the 
person knows, or ought reasonably to kn ow, is an unauthorised recording; 
              (g) imports a recording of the performance into Australia for the purpose of: 
                          (i) selling it, letting it for hire, or by way of trade exhibiting it in public 
or offering or exposing it for sale or hire; or 
                         (ii) distributing it for the purpose of trade, or for any other purpose to an 
extent that will affect prejudicially the financial interests of the performer or performers in the performance; 
  being a recording that the person know s, or ought reasonably to know, is an 
unauthorised recording; or 
 
              (h) causes a recording of th e performance to be heard or  seen in public, being a 
recording that the person knows, or ought reasonably to know, is an unauthorised recording. 
 
 (3) A person who broadcasts or re-broadcasts an authorised recording of a performance 
without the authority of the performer does not, by so doing, make an unauthorised use of the performance. 
  (4) This section applies only to acts done in Australia. IP/N/1/AUS/C/3 
Page 258  
 
  248H  Copying sound recordings for broadcasting 
 
 (1) Despite paragraph 248G(2)(c), where the making of a copy of a sound recording of a 
performance for use in a sound-track woul d, but for this subsection, be an 
unauthorised use of the performance under that  paragraph, the making by a person of 
such a copy solely for the purpose of use in a broadcast by that person is not an 
unauthorised use of the performance. 
  (2) Subsection (1) does not apply to a copy if it is used for a purpose other than:  
  (a) a broadcast by the person who made the copy; or 
              (b) the making of further copies by that person for the purpose of broadcasting 
by that person. 
  (3) Subsection (1) does not apply to a copy  unless all the copies made in accordance with 
that subsection are: 
  (a) destroyed; or               (b) delivered, with the consent of the Director-General of the Australian 
Archives, to the Australian Archives; 
  before the end of the period of 12 months  beginning on the day on which any of those 
copies is first used for the purpose of a br oadcast in accordance with that subsection, 
or before the end of such further period (if any) as is agreed between the maker of the 
copy and the performer, or all of the performers. 
  (4) The Director-General of the Australian Archives shall not consent to the delivery of a 
copy of a sound recording to the Austra lian Archives unless the Director-General has 
certified that the sound recording is of an exceptional documentary character. 
 
248J  Actions for unauthorised use 
 
 (1) A performer may bring an action for an unauthorised use of his or her performance.  
 (2) The relief that a court may grant in  an action for an unauthorised use of a 
performance includes an injunction (subject to such terms, if any, as the court thinks 
fit) and damages. 
  (3) Where, in an action for an unauthorised use of a performance: 
 
  (a) the unauthorised use is established; and   (b) the court is satisfied that it is proper to do so, having regard to:     (i) the flagrancy of the use;                             (ii) any benefit shown to have accrued to the defendant by reason of the 
use; and 
    (iii) all other relevant matters;   the court may, in assessing damages, award such additional damages as it considers 
appropriate in the circumstances. 
 
248K  Exercise of jurisdiction 
 
  The jurisdiction of the Supreme Court of a State or Territory in an action under 
section 248J shall be exercised by a single Judge of the Court.  IP/N/1/AUS/C/3 
 Page 259 
 
 
   
248L  Appeals 
 
 (1) Subject to subsection (2), a decision of  a court of a State or Territory (however 
constituted) in an action under sec tion 248J is final and conclusive. 
 
 (2) An appeal lies from a decision of a court of a State or Territory in an action under 
section 248J: 
   (a) to the Federal Court of Australia; or 
  (b) by special leave of the High Court, to the High Court. 
 
248M  Jurisdiction of Federal Court 
 
  Jurisdiction is conferred on the Federal C ourt of Australia with respect to actions 
under section 248J. 
 
248N  Right to bring an action not assignable 
 
  The right of a performer to bring an action under section 248J  is not assignable. 
 Division 3—Offences  248P  Offences involving unauthorised recording, broadcasting etc. of performances 
 
 (1) A person shall not, at any time during th e protection period of a performance, make a 
direct recording of the performance w ithout the authority of the performer. 
  (2) A person shall not, at any time during th e protection period of a performance, make 
an indirect recording of the performance without the authority of the performer. 
  (3) A person shall not, at any time during the protection period of a performance, 
broadcast or re-broadcast the performance, either directly from the live performance 
or from an unauthorised recording of it, without the authority of the performer. 
  (5) A person shall not, at any time during th e protection period of a performance, cause a 
recording of the performance to be heard or  seen in public if the person knows, or 
ought reasonably to know, that the recording is an unauthorised recording. 
  (6) A person shall not, at any time during the protection period of a performance, have in 
his or her possession any plate or recordi ng equipment that the person knows, or 
ought reasonably to know, is to  be used for making an unauthorised recording of the 
performance or a copy of such a recording. 
 
 (7) This section applies only to acts done in Australia.   (7A) A person who contravenes subsection (1), (2 ), (3), (5) or (6) is guilty of an offence 
punishable on summary conviction by a fine  of not more than 550 penalty units 
and/or imprisonment for not more than 5 years. 
 
             
Note: A corporation may be fined up to 5 times the amount of the maximum fine. See 
subsection 4B(3) of the Crimes Act 1914 . 
 IP/N/1/AUS/C/3 
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   (8) A person who broadcasts or re-broadcasts an authorised recording of a performance 
without the authority of the performer does not, by doing so, contravene subsection (3). 
 
248Q  Other offences in relation to performances 
 
 (1) A person shall not, at any time during th e protection period of a performance, make a 
copy of a recording of the performance if  the person knows, or ought reasonably to 
know, that the recording is an unauthorised recording. 
 
 (2) A person shall not, at any time during th e protection period of a performance, make a 
copy of an exempt recording of the performance without the authority of the performer if the person knows, or ought reas onably to know, that the copy is not itself 
an exempt recording. 
 
 (3) A person shall not, at any time during th e protection period of a performance, make a 
copy of an authorised sound recording of the performance without the authority of the 
performer if: 
               (a) the copy is made for use in a sound-track and the person knows, or ought 
reasonably to know, that the making of the sound recording was not 
authorised for the purpose of use in that or any other sound-track; and 
              (b) the making of the copy is an unauthorised use of the performance under 
subsection 248G(2). 
  (4) A person must not, at any time during the protection period of a performance: 
 
              (a) sell, let for hire, or by way of trade offer or expose for sale or hire a recording 
of the performance; or 
              (b) distribute a recording of  the performance for the purpose of trade, or for any 
other purpose to an extent that will affect prejudicially the financial interests of the performer or performers in the performance; or 
              (c) have in his or he r possession a recording of the performance for the purpose 
of: 
                            (i) selling it, letting it for hire, or by way of trade offering or exposing it 
for sale or hire; or 
                           (ii) distributing it for the purpose of trade, or for any other purpose to an 
extent that will affect prejudicially the financial interests of the performer or performers in the performance; or 
   (d) import a recording of the performance into Australia for the purpose of:  
                           (i) selling it, letting it for hire, or by way of trade offering or exposing it 
for sale or hire; or 
                           (ii) distributing it for the purpose of trade, or for any other purpose to an 
extent that will affect prejudicially the financial interests of the performer or performers in the performance; 
 
  if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
  (6) A person shall not, at any time during the protection period of a performance:  IP/N/1/AUS/C/3 
 Page 261 
 
 
   
  (a) by way of trade exhibit in public a recording of the performance; or               (b) import a recording of  the performance into Australia for the purpose of 
exhibiting the recording in public by way of trade; 
  if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
  (7) This section applies only to acts done in Australia.   (8) A person who contravenes subsection (1), (2 ), (3), (4) or (6) is guilty of an offence 
punishable on summary conviction by a fine  of not more than 550 penalty units 
and/or imprisonment for not more than 5 years. 
 
             
Note: A corporation may be fined up to 5 times the amount of the maximum fine. See 
subsection 4B(3) of the Crimes Act 1914 . 
 
248QA  Further offences relating to sound recordings of certain performances 
 
 (1) This section applies to an act done in Au stralia on or after the date of commencement 
of Part 4 of the Copyright (World Trade Organization Amendments) Act 1994 in 
relation to a performance given at  any time before that date. 
  (2) A person must not, at any time during the protection period of a performance, have in 
his or her possession any plate or recordi ng equipment that the person knows, or 
ought reasonably to know, is to be used for making a copy of an unauthorised sound recording of the performance. 
  (3) A person must not, at any time during th e protection period of a performance, make a 
copy of a sound recording of the performance if the person knows, or ought 
reasonably to know, that the recording is an unauthorised recording. 
  (4) A person must not, at any time during the protection period of a performance:                (a) sell, let for hire, or by way of trade offer or expose for sale or hire, a sound 
recording of the performance; or 
              (b) distribute a sound recording of the performance for the purpose of trade, or 
for any other purpose to an extent that will affect prejudicially the financial 
interests of the performer or performers in the performance; or 
              (c) have in his or her possession a sound recording of the performance for the 
purpose of: 
                            (i) selling it, letting it for hire, or by way of trade offering or exposing it 
for sale or hire; or 
                           (ii) distributing it for the purpose of trade, or for any other purpose to an 
extent that will affect prejudicially the financial interests of the 
performer or performers in the performance; or 
               (d) import a sound record ing of the performance into  Australia for the purpose 
of: 
 
                           (i) selling it, letting it for hire, or by way of trade offering or exposing it 
for sale or hire; or IP/N/1/AUS/C/3 
Page 262  
 
                             (ii) distributing it for the purpose of trade, or for any other purpose to an 
extent that will affect prejudicially the financial interests of the performer or performers in the performance; 
  if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
 
 (5) A person must not, at any time during the protection period of a performance:    (a) by way of trade exhibit in public a sound recording of the performance; or               (b) import a sound recording of the performance into Au stralia for the purpose of 
exhibiting the recording in public by way of trade; 
  if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
  (6) A person who contravenes subsection (2), (3), (4) or (5) is guilty of an offence 
punishable on summary conviction by a fine  of not more than 550 penalty units 
and/or imprisonment for not more than 5 years. 
 
             
Note: A corporation may be fined up to 5 times the amount of the maximum fine. See 
subsection 4B(3) of the Crimes Act 1914 . 
 
248QB  Protection against multiple prosecutions for same act 
   If a single act done in relation to a perfo rmance is an offence against either section 
248P or 248Q and an offence against section 248QA, only one of the offences may be 
prosecuted. 
 
248S  Prosecutions for offences 
 
 (1) Prosecutions for offences against this Pa rt may be brought in the Federal Court of 
Australia or in any other court of competent jurisdiction. 
  (2) Jurisdiction is conferred on the Federal Court of Australia to hear and determine 
prosecutions for offences against this Part. 
 
248T  Destruction or delivery up of unauthorised recordings 
 
  The court before which a person is charge d with an offence against this Part may, 
whether the person is convicted of the offence or not, order that any article in the 
possession of the person that appears to the court to be: 
   (a) an unauthorised recording of a performance, or a copy of such a recording; or               (b) a plate or recording e quipment used, or intended to be used, for making an 
unauthorised recording of a performance, or copies of such a recording; 
  be destroyed or delivered up to the perfo rmer or performers concerned or otherwise 
dealt with in such manner as the court thinks fit. 
  IP/N/1/AUS/C/3 
 Page 263 
 
 
  Division 4—Extension of protection to foreign countries 
 248U  Application to foreign countries 
 
 (1) Subject to this section, the regulations ma y apply any of the provisions of this Part 
specified in the regulations, in relation to a foreign country so specified, in any one or 
more of the following ways: 
               (a) so that the provisions a pply in relation to performances given in that country 
in like manner as those provisions apply in relation to performances given in 
Australia; 
              (b) so that the provisions apply in relation to persons who are citizens or 
nationals of that country in like manne r as those provisions apply in relation 
to persons who are Australian citizens; 
              (c) so that the provisions apply in relation to persons who are resident in that 
country in like manner as those provisi ons apply in relati on to persons who 
are resident in Australia. 
  (2) Regulations applying a provision of th is Part in relation to a foreign country: 
               (a) may apply the provision without exception or modification or subject to such 
exceptions or modifications as are specified in the regulations; and 
              (b) may apply the provision either generally or in relation to such classes of 
performances, or other classes of cases, as are specified in the regulations. 
  (3) Regulations shall not be made applying any of the provisions of this Part in relation to 
a foreign country that is not a party to a Convention relating to the protection of 
performers to which Australia is also a pa rty unless the Governor-General is satisfied 
that, in respect of the performances to which those provisions relate, provision has 
been or will be made under the law of that country under which ad equate protection is 
or will be given to performers whose performances are protected under this Act. 
 248V  Denial of protection to citizens of count ries not giving adequate protection to Australian 
performances 
 
 (1) If it appears to the Governor-General that  the law of a foreign country does not give 
adequate protection to Australian performance s (whether the lack of protection relates 
to the nature of the performance or the nationality, citizenship or country of residence 
of its performer, or all of those matters), the Governor-General may, having regard to 
the nature and extent of the lack of prot ection involved, make regulations in relation 
to that country in accordance with this section. 
  (2) Regulations made for the purposes of this section may provide, either generally or in 
such cases as are specified in the regulations, that this Part does not apply to 
performances given after a day specified in  the regulations (which may be a day 
before the commencement of the regulations  or of this Part) if, at the time the 
performances were or are given, the performe rs were or are citizens or nationals of a 
foreign country specified in the regulations, other than persons resident in Australia. IP/N/1/AUS/C/3 
Page 264  
 
  Part XII—Regulations 
   249  Regulations 
 
  The Governor-General may make regula tions, not inconsistent with this Act, 
prescribing all matters that are required or permitted by this Act to be prescribed or 
are necessary or convenient to be prescribed for carrying out or giving effect to this 
Act and, in particular, prescribing penalti es not exceeding a fine of $100 for offences 
against the regulations. The Schedule 
 
  IP/N/1/AUS/C/3 
 Page 265 
 
 
  The Schedule 
 Section 144  
   
   
OATH  
I,      , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well 
and truly serve Her in the office of     and that I will faithfully and impartially perform the duties of that office. 
 
SO HELP ME GOD! 
  AFFIRMATION 
I,      , do solemnly and sincerely promise and declare that I will 
be faithful and bear true allegiance to Her Ma jesty Queen Elizabeth the Second, Her Heirs and 
Successors according to law, that I will well a nd truly serve Her in the office of    and 
that I will faithfully and impartially perform the duties of that office. IP/N/1/AUS/C/3 
Page 266  
 
  Notes to the Copyright Act 1968  
 Note 1 
 
The Copyright Act 1968 as shown in this comp ilation comprises Act No. 63, 1968 amended as 
indicated in the Tables below. 
 All relevant information pertaining to appli cation, saving or transitional provisions prior 
to 30 July 1998 is not incorporat ed in this compilation. For subsequent information see Table A. 
 
The Copyright Act 1968 was modified by the A.C. T. Self-Government (Consequential Provisions) 
Regulations (1989 No. 3 as amended) see Table B.  
Table of Acts 
 
Act Number  
and year Date  
of Assent Date of commencement Application, 
saving or 
transitional provisions 
Copyright Act 1968 63, 1968 27 June 1968 1 May 1969 ( see 
Gazette 1969, 
p. 2543)  
Statute Law Revision Act  
  1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and 
10  
Administrative Changes 
  (Consequential Provisions) 
  Act 1976 91, 1976 20 Sept 1976 S. 3:  (a) S. 4  
Broadcasting and Television 
  Amendment Act 1977 160, 1977 10 Nov 1977 1 Jan 1978 ( see 
Gazette 1977, 
No. S259) —  
Jurisdiction of Courts 
  (Miscellaneous 
  Amendments) Act 1979 19, 1979 28 Mar 1979 Parts II–XVII (ss. 
3–123): 15 May 
1979 ( see Gazette  
1979, No. S86) Remainder: 19 Mar 1979 Ss. 9 and 
124  
Copyright Amendment Act 
  1980 154, 1980 19 Sept 1980 Ss. 17–19: 29 Sept 
1980  
Remainder: 1 Aug 1981 ( see Gazette  
1981, No. S124) —  
Designs Amendment Act 
 1981 42, 1981 13 May 1981 Ss. 1 and 2: 13 Mar 
1981  
S. 31, Part IV 
(ss. 34, 35) and s. 36(2): 1 Apr 1982 (see Gazette 1982, No. G12) 
Remainder: 1 Apr 
1982 (see Gazette 1982, No. G12) S. 36  
Statute Law Revision Act 
1981 61, 1981 12 June 1981 S. 115: Royal 
Assent (b) —  IP/N/1/AUS/C/3 
 Page 267 
 
 
  Act Number  
and year Date  
of Assent Date of commencement Application, 
saving or 
transitional provisions 
Broadcasting and Television 
  Amendment Act 1981 113, 1981 24 June 1981 S. 30: 10 Aug 1981 
(see Gazette 1981, No. S158) 
Remainder: 24 June 
1981 —  
Statute Law (Miscellaneous 
  Amendments) Act (No. 1) 
  1982 26, 1982 7 May 1982 Part XVIII (ss. 136–
145): 4 June 1982 
(c) S. 138(2)  
Statute Law (Miscellaneous 
  Amendments) Act (No. 2)   1982 80, 1982 22 Sept 1982 Part LXXVII 
(s. 280): Royal Assent (d) S. 280(2) 
and (3)  
Broadcasting and Television 
  Amendment Act 1982 154, 1982 31 Dec 1982 31 Dec 1982 —  
Australian Broadcasting 
  Corporation (Transitional   Provisions and   Consequential 
  Amendments) Act 1983 7, 1983 1 June 1983 Ss. 1, 2, 15(1) and 
24: 1 June 1983 Remainder: 1 July 1983 (see s. 2(2) 
and Gazette 1983, 
No. S124) S. 60(2)  
Copyright Amendment Act  
  983 80, 1983 3 Nov 1983 6 June 1984 (see 
Gazette 1984, No. S203) —  
Statute Law (Miscellaneous 
  Provisions) Act (No. 2)   1983 91, 1983 22 Nov 1983 S. 3: 20 Dec 1983 
(e) S. 6  
Radiocommunications 
  (Transitional Provisions   and Consequential 
  Amendments) Act 1983 136, 1983 22 Dec 1983 27 Aug 1985 (see s. 
2 and Gazette 1985, No. S322) —  
Copyright Amendment Act 
  1984 43, 1984 15 June 1984 15 June 1984 S. 7  
Statute Law (Miscellaneous 
  Provisions) Act (No. 2) 
  1984 165, 1984 25 Oct 1984 S. 3: 22 Nov 1984 
(f) Ss. 6(1) and 
7  
Statute Law (Miscellaneous 
  Provisions) Act (No. 1)   1985 65, 1985 5 June 1985 S. 3: 3 July 1985 (g) — 
Broadcasting and Television 
  (Consequential 
  Amendments) Act 1985 67, 1985 5 June 1985 1 Jan 1986 S. 4  
Copyright Amendment Act 
  1986 78, 1986 24 June 1986 Ss. 14–19: 22 July 
1986 Remainder: 30 Apr 1987 (see Gazette 
1987, No. S68) Ss. 20(2) 
and 28(2)  
Statute Law (Miscellaneous 
  Provisions) Act (No. 2)   1986 168, 1986 18 Dec 1986 S. 3: (h) S. 5(1)  IP/N/1/AUS/C/3 
Page 268  
 
  Act Number  
and year Date  
of Assent Date of commencement Application, 
saving or 
transitional provisions 
Jurisdiction of Courts 
  (Miscellaneous   Amendments) Act 1987 23, 1987 26 May 1987 S. 3: (i) S. 5  
Broadcasting Legislation 
  Amendment Act 1988 146, 1988 26 Dec 1988 S. 49: 1 Mar 1989 
(j) —  
Circuit Layouts Act 1989 28, 1989 22 May 1989 Ss. 1 and 2: Royal 
Assent 
Remainder: 1 Oct 1990 (see Gazette 1990, No. S261) —  
Copyright Amendment Act 
  1989 32, 1989 24 May 1989 Ss. 3, 5, 7, 12, 13, 
21, 22, 28 and 
Schedule (items 1, 
4, 10, 12, 14, 19, 25, 26): 1 Oct 1989 (see Gazette 1989, No. S316) 
Ss. 4, 14, 16, 18, 20, 
23, 25, 27, 29 and Schedule (items 48, 49, 53): 29 Jan 1990 (see Gazette 1990, 
No. S15) 
Ss. 6, 15, 19, 24, 26(a) and Schedule (items 2, 3, 6–9, 11, 13, 15, 18,  21–24, 27–47,  
50–52): 1 July 1990 
(see Gazette 1990, No. S164) Ss. 8–11, 17 and Schedule (items 5, 
16, 17, 20): 1 Oct 
1990 (see Gazette 1990, No. S261) S. 26 (b)–(f): 2 July 1990 (see Gazette 1990, No. S164) 
Remainder: Royal 
Assent S. 2 (rep. by 
107, 1993, 
s.13) 
Ss. 25 and 29 (am. by 107, 1993, ss. 8 and 
10) 
    as repealed by     
    Copyright Amendment 
    (Re-enactment) Act 1993 
 107, 1993 22 Dec 1993 S. 13: Royal Assent S. 2(2) 
    as re-enacted by     
    Copyright Amendment 
    (Re-enactment) Act 1993 
 107, 1993 22 Dec 1993 (k) Ss. 8 and 
10–12   IP/N/1/AUS/C/3 
 Page 269 
 
 
  Act Number  
and year Date  
of Assent Date of commencement Application, 
saving or 
transitional provisions 
Copyright Amendment Act 
1991 174, 1991 25 Nov 1991 23 Dec 1991 — 
Special Broadcasting Service 
  Act 1991 180, 1991 25 Nov 1991 S. 116: 23 Dec 1991 
(l) S. 116(2) 
Broadcasting Services 
  (Transitional Provisions 
  and Consequential 
  Amendments) Act 1992 105, 1992 9 July 1992 5 Oct 1992 (see s. 2 
and Gazette 1992, 
No. GN38) S. 3 
Radiocommunications 
  (Transitional Provisions   and Consequential   Amendments) Act 1992 167, 1992 11 Dec 1992 1 July 1993 S. 14(3) 
Copyright Amendment 
  (Re-enactment) Act 1993 107, 1993 22 Dec 1993 22 Dec 1993  Ss. 8 and 
10–12 
Agricultural and Veterinary 
  Chemicals (Consequential   Amendments) Act 1994 37, 1994 15 Mar 1994 15 Mar 1995 (see s. 
2) — 
Law and Justice Legislation 
  Amendment Act (No. 2)   1994 141, 1994 28 Nov 1994 S. 4 (items 1–13, 
15–30, 32–112): Royal Assent (m) S. 4 (items 14, 31): 23 Dec 1991 (m) S. 7 
Copyright (World Trade 
  Organization Amendments)   Act 1994 149, 1994 13 Dec 1994 Ss. 1 and 2: Royal 
Assent Parts 3 and 4 (ss. 6–17): 1 July 1995 Remainder: 1 Jan 1996 — 
Intellectual Property Laws 
  Amendment Act 1998 100, 1998 27 July 1998 Schedule 2 (items 
1–3): 27 Jan 1999 (n) — 
Copyright Amendment Act 
  (No. 1) 1998 104, 1998 30 July 1998 Schedule 2 (items 6, 
8, 10, 12) and 
Schedule 8 
(item 12): 30 Jan 2000 Remainder: Royal Assent Sch. 1 (item 
4), 
Sch. 3 (item 
4), Sch. 4 (item 6), Sch. 9 (item 8) and Sch. 
10 (item 
51) [see Table A] 
Copyright Amendment Act 
  (No. 2) 1998 105, 1998 30 July 1998 (o) Sch. 1 (item 
9) 
[see 
Table A] 
Copyright Amendment 
  (Computer Programs) Act   1999 105, 1999 24 Aug 1999 30 Sept 1999 (see 
Gazette 1999, No. S462) — IP/N/1/AUS/C/3 
Page 270  
 
  Act Number  
and year Date  
of Assent Date of commencement Application, 
saving or 
transitional provisions 
Public Employment 
  (Consequential and   Transitional) Amendment 
  Act 1999 146, 1999 11 Nov 1999 Schedule 1 (item 
338): 5 Dec 1999 (see Gazette 1999, 
No. S584) (p) — 
Copyright Amendment 
  (Digital Agenda) Act 2000 
 110, 2000 4 Sept 2000 4 Mar 2001 Sch. 2 [see 
Table A] 
    as amended by     
    Statute Law Revision Act 
    2002  63, 2002 3 July 2002 Schedule 2 (items 4, 
5): (q) — 
Copyright Amendment 
  (Moral Rights) Act 2000 159, 2000 21 Dec 2000 Schedule 2: 4 Mar 
2001 (see s. 2(3)) 
Remainder: Royal Assent  Sch. 1 (item 
3) [see 
Table A] 
Law and Justice Legislation 
  Amendment (Application 
  of Criminal Code) Act 2001 24, 2001 6 Apr 2001 S. 4(1), (2) and 
Schedule 9: (r) S. 4(1), (2) 
[see Table 
A] 
  IP/N/1/AUS/C/3 
 Page 271 
 
 
  Act Notes 
 
(a) The Copyright Act 1968 was amended by section 3 only of the Administrative Changes 
(Consequential Provisions) Act 1976 , subsection 2(7) of which provides as follows: 
 
 (7) The amendments of each other Act specifi ed in the Schedule made by this Act shall 
be deemed to have come into operation on 22 December 1975. 
 
(b) The Copyright Act 1968 was amended by section 115 only of the Statute Law Revision 
Act 1981 , subsection 2(1) of which provides as follows: 
 
 (1) Subject to this section, this Act sh all come into operation on the day on which it 
receives the Royal Assent. 
 
(c) The Copyright Act 1968 was amended by Part XVIII (sec tions 136–145) only of the Statute 
Law (Miscellaneous Amendments) Act (No. 1) 1982 , subsection 2(12) of which provides as 
follows: 
  (12) The remaining provisions of this Act sh all come into operation on the twenty-eighth 
day after the day on which this Act receives the Royal Assent. 
 
(d) The Copyright Act 1968 was amended by Part LXXVII (section 280) only of the Statute Law 
(Miscellaneous Amendmen ts) Act (No. 2) 1982 , subsection 2(1) of which provides as follows:  
  (1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, 
LXI and LXXVII shall come into operation on the day on which this Act receives the 
Royal Assent. 
 
(e) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous 
Provisions) Act (No. 2) 1983 , subsection 2(1) of which provides as follows: 
  (1) Subject to this section, this Act sha ll come into operation on the twenty-eighth day 
after the day on which it receives the Royal Assent. 
 
(f) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous 
Provisions) Act (No. 2) 1984 , subsection 2(1) of which provides as follows: 
 
 (1) Subject to this section, this Act sha ll come into operation on the twenty-eighth day 
after the day on which it receives the Royal Assent. 
 
(g) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous 
Provisions) Act (No. 1) 1985 , subsection 2(1) of which provides as follows: 
 
 (1) Subject to this section, this Act sha ll come into operation on the twenty-eighth day 
after the day on which it receives the Royal Assent. 
 
(h) The Copyright Act 1968 was amended by section 3 only of the Statute Law (Miscellaneous 
Provisions) Act (No. 2) 1986, 
subsection 2(3) provides as follows: 
 
 (3) The amendments of the Copyright Act 1968 made by this Act shall come into 
operation immediately after the commencement of section 3 of the Copyright 
Amendment Act 1986 . 
 IP/N/1/AUS/C/3 
Page 272  
 
   Section 3 commenced on 30 April 1987 ( see Gazette 1987, No. S68, p. 6). 
 
(i) The Copyright Act 1968 was amended by section 3 only of the Jurisdiction of Courts 
(Miscellaneous Amendments) Act 1987 , subsection 2(2) of which provides as follows: 
 
 (2) The amendments made by this Act to an Act specified in the Schedule shall come into 
operation on such day as is fixed by Proc lamation in relation to those amendments. 
  The date fixed in pursuance of s ubsection 2(2) was 1 September 1987 ( see Gazette 1987, 
No. S217). 
 
(j) The Copyright Act 1968 was amended by section 49 only of the Broadcasting Legislation 
Amendment Act 1988 , subsection 2(3) of which provides as follows: 
  (3) Sections 15, 16 and 36, subsection 48(2), section 49 and Schedules 2, 4 and 5 
commence on 1 March 1989. 
 
(k) Certain provisions of the Copyright Amendment Act 1989 were re-enacted by sections 4–10 of 
the Copyright Amendment (Re -enactment) Act 1993 . Subsection 2(2) of the Copyright 
Amendment (Re -enactment) Act 1993  provides as follows: 
 
 (2) The amendments made by this Act are ta ken to have commenced on the dates set out 
in the Schedule. 
  The commencement of the re-enact ed provisions provide as follows: 
 
 Section 4 re-enacted sections 3, 5, 7, 12, 13,  21, 28 and the Schedule (items 1, 4, 10, 12, 14, 
19, 25 and 26) which commenced on 1 October 1989. 
  Section 4 re-enacted sections 4, 14, 18, 23 and the Schedule (items 48, 49 and 53) which 
commenced on 29 January 1990. 
  
 Section 4 re-enacted sections 6, 24, 26(a) a nd the Schedule (items 2, 3, 6–9, 11, 13, 15, 18, 
21–24, 27–47 and 50–52) which commenced on 1 July 1990. 
   Section 4 re-enacted sections 8–11, 17 and the Schedule (items 5, 16, 17 and 20) which 
commenced on 1 October 1990. 
  
 Section 4 re-enacted paragraphs 26(b) –(f) which commenced on 2 July 1990.  
  Section 5 re-enacted section 15 which commenced on 1 July 1990.   Section 6 re-enacted section 19 which commenced on 1 July 1990. 
 
 Section 7 re-enacted section 22 which commenced on 1 October 1989.   Section 8 re-enacted section 25 which commenced on 29 January 1990.  
 Section 9 re-enacted section 27 which commenced on 29 January 1990. 
  Section 10 re-enacted section 29 which commenced on 29 January 1990. 
  IP/N/1/AUS/C/3 
 Page 273 
 
 
  (l) The Copyright Act 1968 was amended by section 116 only of the Special Broadcasting 
Service Act 1991 , subsection 2(1) of which provides as follows: 
  (1) Subject to subsection (2), this Act commences 28 days after the day on which it 
receives the Royal Assent. 
 
(m) The Copyright Act 1968 was amended by section 4 (items 1–112) only of the Law and Justice 
Legislation Amendment Act (No. 2) 1994 , subsections 2(1) and (4) of which provide as 
follows: 
 
 (1) Subject to this section, this Act co mmences on the day on which it receives the Royal 
Assent. 
  (4) Items 14 and 31 of Schedule 2 are ta ken to have commenced on 23 December 1991, 
immediately after the commencement of the Copyright Amendment Act 1991 . 
 
(n) The Copyright Act 1968  was amended by Schedule 2 (items 1–3) only of the Intellectual 
Property Laws Amendment Act 1998 , subsections 2(4) and (5) of which provide as follows: 
  (4) Subject to subsection (5), Schedul e 2 commences on a day to be fixed by 
Proclamation. 
 
 (5) If Schedule 2 does not commence under subsection (4) within the period of 6 months 
beginning on the day on which this Act receives the Royal Assent, Schedule 2 commences on the first day after the end of that period.  
 
(o) The Copyright Act 1968  was amended by Schedules 1 and 2 of the Copyright Amendment 
Act (No. 2) 1998 , section 2 of which provide as follows: 
  (1) This Act commences on the day on which it receives the Royal Assent.   (2) However, this Act commences immediat ely after the commencement of item 1 of 
Schedule 3 to the Copyright Amendment Act (No. 1) 1998  if that Act receives the 
Royal Assent on a day that is the same as, or later than, the day on which this Act receives the Royal Assent. 
  The Copyright Amendment Act (No. 1) 1998  received the Royal Assent on 30 July 1998. 
 
(p) The Copyright Act 1968 was amended by Schedule 1 (item 338) only of the  Public 
Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1) and (2) 
of which provide as follows:  
  (1) In this Act, commencing time means the time when the Public Service Act 1999  
commences. 
  (2) Subject to this section, this Act commences at the commencing time. 
 
(q) The Copyright Amendment (Digital Agenda) Act 2000  was amended by Schedule 2 (items 4 
and 5) only of the Statute Law Revision Act 2002 , subsection 2(1) (items 33 and 34) of which 
provides as follows: 
 IP/N/1/AUS/C/3 
Page 274  
 
  Commencement information 
Column 1 Column 2 Column 3 
Provision(s) Commencement Date/Details 
33.  Schedule 2, item 4 Immediately after the time specified in the Copyright Amendment 
(Digital Agenda) Act 2000  for the commencement of item 41 of 
Schedule 1 to that Act 4 March 2001 
34.  Schedule 2, item 5 Immediately after the time specified in the Copyright Amendment 
(Digital Agenda) Act 2000  for the commencement of item 224 of 
Schedule 1 to that Act 4 March 2001 
 
(r) The Copyright Act 1968 was amended by Schedule 9 only of the Law and Justice Legislation 
Amendment (Application of Criminal Code) Act 2001 , subsection 2(1)(a) of which provides as 
follows: 
 
 (1) Subject to this section, this Act co mmences at the later of the following times: 
 
 (a) immediately after the commencement of item 15 of Schedule 1 to the Criminal 
Code Amendment (Theft, Fraud, Br ibery and Related Offences) Act 2000 ; 
 
 Item 15 commenced on 24 May 2001.  IP/N/1/AUS/C/3 
 Page 275 
 
 
  Table of Amendments 
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
Title ...........................................  am. No. 32, 1989 (as am. by No. 107, 1993)  
S. 3............................................  rep. No. 216, 1973  
S. 4............................................  rs. No. 216, 1973  S. 8............................................  am. No. 154, 1980; No. 42, 1981 
 rs. No. 165, 1984  
S. 8A .........................................  ad. No. 154, 1980 
 am. No. 141, 1994  
S. 9............................................  am. No. 67, 1985  S. 9A .........................................  ad. No. 24, 2001 S. 10..........................................  am. No. 216, 1973; No. 160, 1977; No. 154, 1980; No. 113, 1981; No. 154, 1982; 
Nos. 7 and 136, 1983; Nos. 43 and 165, 1984; No. 67, 1985; Nos. 78 and 168, 1986; No. 146, 1988; No. 28, 1989; No. 32, 1989 (as am. by No. 107, 1993); Nos. 174 and 180, 1991; No. 105, 1992; Nos. 37 and 141, 1994; Nos. 104 and 105, 1998; No. 110, 2000 
S. 10AA.....................................  ad. No. 105, 1998 S. 10A .......................................  ad. No. 165, 1984 
 am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998 
S. 11..........................................  am. No. 141, 1994  S. 12..........................................  am. No. 216, 1973  S. 14..........................................  am. No. 154, 1980  S. 19..........................................  am. No. 216, 1973  Heading to s. 21........................  rs. No. 110, 2000 S. 21..........................................  am. No. 110, 2000 S. 22..........................................  am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 110, 2000 S. 25..........................................  am. No. 110, 2000 S. 26..........................................  am. No. 141, 1994  
 rep. No. 110, 2000 
S. 27..........................................  am. No. 32, 1989 (as am. by No. 107, 1993); No. 141, 1994; No. 110, 2000 S. 28..........................................  am. No. 154, 1980; No. 141, 1994  S. 29..........................................  am. No. 154, 1980  S. 30A .......................................  ad. No. 149, 1994 S. 31..........................................  am. No. 154, 1980; No. 149, 1994; No. 110, 2000 S. 32..........................................  am. No. 141, 1994  S. 33..........................................  am. No. 154, 1980; No. 110, 2000 S. 34..........................................  am. No. 154, 1980 S. 35..........................................  am. No. 141, 1994; No. 104, 1998 S. 36..........................................  am. No. 110, 2000 S. 37..........................................  am. No. 174, 1991; No. 104, 1998 
S. 38  am. No. 174, 1991; No. 141, 1994; No. 104, 1998 
S. 39  am. No. 141, 1994  S. 39A  ad. No. 154, 1980   am. No. 110, 2000 (a s am. by No. 63, 2002) 
S. 39B  ad. No. 110, 2000 S. 40  am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993); No. 110, 
2000  
S. 42  am. No. 110, 2000 S. 43  am. No. 154, 1980; No. 100, 1998  S. 43A  ad. No. 43, 1984   rep. No. 105, 1999  ad. No. 110, 2000 S. 44  am. No. 154, 1980 S. 44A  ad. No. 174, 1991 IP/N/1/AUS/C/3 
Page 276  
 
  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
 am. No. 104, 1998 
S. 44B  ad. No. 37, 1994  
S. 44C  ad. No. 104, 1998 S. 44D  ad. No. 105, 1998 S. 46  am. No. 110, 2000 S. 47  am. No. 154, 1980; No. 80, 1983; No. 141, 1994; No. 110, 2000  S. 47AA  ad. No. 110, 2000 Heading to s. 47A ...............  am. No. 104, 1998 S. 47A  ad. No. 78, 1986  am. Nos. 105 and 167, 1992; No. 104, 1998; No. 24, 2001 Div. 4A of Part III ..............  
(ss. 47B–47H) ad. No. 105, 1999 
S. 47AB  ad. No. 110, 2000 
Ss. 47B–47D.......................  ad. No. 105, 1999  am. No. 110, 2000 Ss. 47E–47H.......................  ad. No. 105, 1999 Heading to Div. 5 of Part III  rs. No. 104, 1998 S. 48  rs. No. 154, 1980  S. 48A  ad. No. 165, 1984 Heading to s. 49..................  am. No. 110, 2000 S. 49  rs. No. 154, 1980  am. No. 165, 1984; No. 141, 1994; No. 110, 2000  Heading to s. 50..................  am. No. 110, 2000 S. 50  rs. No. 154, 1980  am. No. 165, 1984; No. 110, 2000  Heading to s. 51..................  am. No. 110, 2000 S. 51  am. No. 154, 1980; No. 141, 1994; No. 110, 2000 Heading to s. 51AA ............  am. No. 110, 2000 S. 51AA  ad. No. 32, 1989 (as am. by No. 107, 1993); No. 110, 2000  Heading to s. 51A ...............  am. No. 110, 2000 S. 51A  ad. No. 154, 1980  am. No. 78, 1986; No. 141, 1994; No. 110, 2000  Heading to s. 52..................  am. No. 104, 1998 S. 52  am. No. 91, 1983; No. 110, 2000  S. 53  am. No. 154, 1980  Div. 5A of Part III ..............  
(ss. 53A–53C)  ad. No. 154, 1980 
rep. No. 32, 1989 (as am. by No. 107, 1993) 
S. 53A  ad. No. 154, 1980  rep. No. 32, 1989 (as am. by No. 107, 1993)  S. 53B  ad. No. 154, 1980  am. No. 165, 1984  rep. No. 32, 1989 (as am. by No. 107, 1993) S. 53C  ad. No. 154, 1980  am. No. 91, 1983  rep. No. 32, 1989 (as am. by No. 107, 1993) Div. 5B of Part III (s. 53D).  ad. No. 154, 1980  rep. No. 32, 1989 (as am. by No. 107, 1993)  S. 53D  ad. No. 154, 1980  am. No. 165, 1984  rep. No. 32, 1989 (as am. by No. 107, 1993) S. 54  am. No. 32, 1989 (as am. by No. 107, 1993)  S. 55  am. No. 154, 1980; No. 61, 1981; No. 32, 1989 (as am. by No. 107, 1993); 
No. 159, 2000  
S. 56  am. No. 154, 1980  IP/N/1/AUS/C/3 
 Page 277 
 
 
  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
 rep. No. 32, 1989 (as am. by No. 107, 1993) 
S. 57  am. No. 154, 1980 
S. 58  am. No. 154, 1980  rep. No. 32, 1989 (as am. by No. 107, 1993) S. 59  am. No. 154, 1980; No. 141, 1994  Ss. 62, 63  am. No. 154, 1980  rep. No. 32, 1989 (as am. by No. 107, 1993) Ss. 64, 65  am. No. 154, 1980  S. 68  am. No. 154, 1980  S. 69  am. No. 154, 1980   rep. No. 110, 2000 S. 70  am. No. 154, 1980; No. 80, 1983; No. 141, 1994 S. 71  rep. No. 32, 1989 (as am. by No. 107, 1993)  Heading to Div. 8 of Part III  am. No. 42, 1981  S. 74  am. No. 216, 1973; No. 42, 1981  rs. No. 32, 1989 (as am. by No. 107, 1993)  S. 75  am. No. 42, 1981  rs. No. 32, 1989 (as am. by No. 107, 1993) S. 76  am. No. 42, 1981  S. 77  am. No. 154, 1980; No. 42, 1981  rs. No. 32, 1989 (as am. by No. 107, 1993)  Ss. 79–81  am. No. 154, 1980 
S. 82  am. No. 154, 1980; No. 141, 1994 
S. 83  am. No. 154, 1980  S. 85  am. No. 154, 1980; No. 149, 1994; No. 110, 2000  S. 86  am. No. 110, 2000 S. 87  am. No. 154, 1980; No. 110, 2000  S. 88  am. No. 110, 2000 S. 91  am. No. 160, 1977; Nos. 7 and 136, 1983; No. 78, 1986  rs. No. 146, 1988  am. No. 180, 1991; No. 167, 1992; No. 104, 1998  rs. No. 110, 2000 S. 91A  ad. No. 104, 1998  rep. No. 110, 2000 Ss. 92–96  am. No. 154, 1980  S. 99  am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 
146, 1988; No. 180, 1991; No. 104, 1998 
 rs. No. 110, 2000 S. 100A  ad. No. 78, 1986  S. 101  am. No. 154, 1980; No. 110, 2000 S. 102  am. No. 174, 1991; Nos. 104 and 105, 1998 S. 103  am. No. 174, 1991; No. 141, 1994; No. 104 and 105, 1998 S. 103A  ad. No. 78, 1986  S. 103B  ad. No. 78, 1986   am. No. 110, 2000 S. 103C  ad. No. 32, 1989 (as am. by No. 107, 1993)  S. 104  rs. No. 154, 1980   am. No. 100, 1998 S. 104A  ad. No. 165, 1984  S. 104B  ad. No. 110, 2000 S. 105  am. No. 154, 1980  S. 107  am. No. 154, 1980; No. 80, 1983; No. 141, 1994; No. 110, 2000  S. 108  am. No. 154, 1980; No. 141, 1994 IP/N/1/AUS/C/3 
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  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
S. 109  am. No. 154, 1980; No. 141, 1994; No. 104, 1998 
S. 110  am. No. 154, 1980  
Heading to s. 110A ......... am. No. 110, 2000 S. 110A  ad. No. 78, 1986   am. No. 110, 2000 Heading to s. 110B.......... am. No. 110, 2000 S. 110B  ad. No. 78, 1986   am. No. 110, 2000 S. 110C  ad. No. 110, 2000 S. 111  am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993)  S. 111A  ad. No. 110, 2000 S. 112  rs. No. 154, 1980  am. No. 78, 1986; No. 32, 1989 (as am. by No. 107, 1993); No. 104,
1998 
S. 112A  ad. No. 174, 1991  am. No. 104, 1998 S. 112B  ad. No. 37, 1994  S. 112C  ad. No. 104, 1998 S. 112D  ad. No. 105, 1998 S. 112E  ad. No. 110, 2000 S. 113  am. No. 154, 1980 Heading to Part V............ rs. No. 110, 2000 S. 115  am. No. 110, 2000 S. 116  am. No. 141, 1994; No. 104, 1998; No. 110, 2000 Div. 2A of Part V............ 
(ss. 116A–116D) ad. No. 110, 2000 
Ss. 116A–116D............... ad. No. 110, 2000 
S. 119  am. No. 154, 1980; No. 141, 1994 S. 120  am. No. 154, 1980  Ss. 122–124..................... am. No. 154, 1980 S. 125  am. No. 154, 1980; No. 141, 1994  Heading to Div. 4 of Part V  rs. No. 78, 1986 S. 126  am. No. 141, 1994 S. 127  am. No. 154, 1980; No. 141, 1994  S. 128  am. No. 154, 1980 S. 129  am. No. 154, 1980; No. 141, 1994  S. 130A  ad. No. 105, 1998 S. 131  am. No. 154, 1980; No. 141, 1994  Heading to Div. 4A of Part V  rs. No. 23, 1987  Div. 4A of Part V ........... 
(ss. 131A, 131B) ad. No. 19, 1979  
S. 131A  ad. No. 19, 1979  
S. 131B  ad. No. 19, 1979  am. No. 23, 1987  S. 131C  ad. No. 23, 1987  S. 132  am. No. 154, 1980; No. 43, 1984; No. 78, 1986; Nos. 104 and 105, 
1998; No. 110, 2000 
Heading to s. 133 ............ rs. No. 105, 1998 S. 133  am. No. 154, 1980; No. 91, 1983; No. 78, 1986; Nos. 104 and 105, 
1998; No. 110, 2000 
S. 133A  ad. No. 43, 1984  am. No. 78, 1986; No. 105, 1998 S. 134  am. No. 104, 1998; No. 110, 2000 S. 134A  ad. No. 78, 1986   IP/N/1/AUS/C/3 
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  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
 am. No. 149, 1994  
Heading to Div. 7 of Part V  ad. No. 149, 1994  
S. 134B  ad. No. 149, 1994   am. No. 104, 1998 S. 135  am. No. 216, 1973; No. 91, 1976; No. 19, 1979; No. 154, 1980; No. 
80, 1982; No. 65, 1985; No. 32, 1989 (as am. by No.107, 1993); Nos. 141 and 149, 1994; Nos. 104 and 105, 1998 
Ss. 135AA–135AK ......... ad. No. 149, 1994   am. No. 104, 1998 Part VAA  
(ss. 135AL–135AN, 135ANA, 135AP–135AU) ad. No. 110, 2000 
Ss. 135AL–135AN.......... ad. No. 110, 2000 
S. 135ANA...................... ad. No. 110, 2000 Ss. 135AP–135AU.......... ad. No. 110, 2000 Heading to Part VA......... rs. No. 104, 1998; No. 110, 2000 Part VA   
(ss. 135A–135Z, 135ZA) ad. No. 32, 1989 (as am. by No. 107, 1993)  
S. 135A  ad. No. 32, 1989 (as am. by No. 107, 1993) 
 am. No. 104, 1998; No. 110, 2000 Heading to s. 135B.......... am. No. 104, 1998  rs. No. 110, 2000 S. 135B  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 S. 135C  ad. No. 32, 1989 (as am. by No. 107, 1993)  rep. No. 104, 1998 S. 135D  ad. No. 32, 1989 (as am. by No. 107, 1993) Heading to Div. 2 of Part VA  rs. No. 104, 1998; No. 110, 2000 Heading to s. 135E.......... am. No. 104, 1998  rs. No. 110, 2000 S. 135E  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 Heading to s. 135F .......... rs. No. 110, 2000 S. 135F  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 Ss. 135G, 135H............... ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 S. 135J  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 S. 135JA  ad. No. 110, 2000 S. 135K  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 S. 135KA  ad. No. 110, 2000 S. 135L  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 S. 135M  ad. No. 32, 1989 (as am. by No. 107, 1993) S. 135N  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 S. 135O  ad. No. 32, 1989 (as am. by No. 107, 1993) S. 135P  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 Ss. 135Q–135T ............... ad. No. 32, 1989 (as am. by No. 107, 1993) Ss. 135U–135W .............. ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 IP/N/1/AUS/C/3 
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  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
Ss. 135X, 135Y............... ad. No. 32, 1989 (as am. by No. 107, 1993) 
S. 135Z  ad. No. 32, 1989 (as am. by No. 107, 1993) 
 am. No. 104, 1998  rs. No. 110, 2000 S. 135ZA  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 104, 1998; No. 110, 2000 Heading to Part VB......... rs. No. 110, 2000 Part VB   
(ss. 135ZB–135ZZ,  135ZZA–135ZZH) ad. No. 32, 1989 (as am. by No. 107, 1993) 
S. 135ZB  ad. No. 32, 1989 (as am. by No. 107, 1993)  
 am. No. 104, 1998; No. 110, 2000 S. 135ZC  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998 S. 135ZD  ad. No. 32, 1989 (as am. by No. 107, 1993)   rep. No. 104, 1998 Ss. 135ZE, 135ZF ........... ad. No. 32, 1989 (as am. by No. 107, 1993)  S. 135ZFA....................... ad. No. 110, 2000 Heading to Div. 2 of Part VB  rs. No. 110, 2000 S. 135ZGA ...................... ad. No. 110, 2000 Heading to s. 135ZG....... rs. No. 110, 2000 S. 135ZG  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 110, 2000 S. 135ZH  ad. No. 32, 1989 (as am. by No. 107, 1993)   rs. No. 110, 2000 Heading to s. 135ZJ ........ rs. No. 110, 2000 S. 135ZJ  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 110, 2000 S. 135ZK  ad. No. 32, 1989 (as am. by No. 107, 1993)   rs. No. 110, 2000 Heading to s. 135ZL ....... rs. No. 110, 2000 S. 135ZL  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 110, 2000 Heading to s. 135ZM ...... rs. No. 110, 2000 S. 135ZM  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 Div. 2A of Part VB ......... 
(ss. 135ZMA–135ZME) ad. No. 110, 2000 
Ss. 135ZMA–135ZME ... ad. No. 110, 2000 
Heading to Div. 3 of Part VB  rs. No. 104, 1998; No. 110, 2000 Heading to s. 135ZN....... am. No. 104, 1998 S. 135ZN  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998  rs. No. 110, 2000 S. 135ZO  ad. No. 32, 1989 (as am. by No. 107, 1993)  Heading to s. 135ZP........ am. No. 104, 1998; No. 110, 2000 S. 135ZP  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 Heading to s. 135ZQ....... am. No. 104, 1998; No. 110, 2000 S. 135ZQ  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 Heading to Div. 4 of Part VB  rs. No. 104, 1998; No. 110, 2000 Heading to s. 135ZR ....... am. No. 104, 1998 S. 135ZR  ad. No. 32, 1989 (as am. by No. 107, 1993)   IP/N/1/AUS/C/3 
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  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
 am. No. 104, 1998 
 rs. No. 110, 2000 
Heading to s. 135ZS........ am. No. 104, 1998; No. 110, 2000 S. 135ZS  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 Heading to s. 135ZT ....... am. No. 104, 1998  rs. No. 110, 2000 S. 135ZT  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 S. 135ZU  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 110, 2000 S. 135ZV  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998 S. 135ZW  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 S. 135ZWA ..................... ad. No. 110, 2000 Heading to s. 135ZX....... rs. No. 110, 2000 S. 135ZX  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 110, 2000 S. 135ZXA ...................... ad. No. 110, 2000 S. 135ZY  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 110, 2000 S. 135ZZ  ad. No. 32, 1989 (as am. by No. 107, 1993)  Ss. 135ZZA, 135ZZB ..... ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 Ss. 135ZZC–135ZZE...... ad. No. 32, 1 989 (as am. by No. 107, 1993)  
Ss. 135ZZF, 135ZZG...... ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 S. 135ZZH ...................... ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 110, 2000 Part VC   
(ss. 135ZZJ–135ZZZ, 135ZZZA, 135ZZZB) ad. No. 32, 1989 (as rep. by No. 107, 1993)  
Part VC   
(ss. 135ZZI, 135ZZJ, 135ZZJA, 135ZZK–135ZZZ, 135ZZZA–135ZZZE) ad. No. 110, 2000 
S. 135ZZI  ad. No. 110, 2000 
S. 135ZZJ  ad. No. 32, 1989 (as rep. by No. 107, 1993); No. 110, 2000  S. 135ZZJA..................... ad. No. 110, 2000 Ss. 135ZZK–135ZZZ...... ad. No. 32, 1989 (as re p. by No. 107, 1993); No. 110, 2000  
Ss. 135ZZZA, 135ZZZB. ad. No. 32, 1989 (as rep.  by No. 107, 1993); No. 110, 2000  
Ss. 135ZZZC–135ZZZE. ad. No. 110, 2000 S. 136  am. No. 154, 1980; No. 26, 1982; No. 78, 1986; No. 104, 1998; No. 
110, 2000 
S. 138  am. No. 154, 1980  rs. No. 26, 1982   am. No. 104, 1998 S. 140  am. No. 216, 1973; No. 154, 1980  rs. No. 26, 1982  am. No. 141, 1994; No. 104, 1998 S. 141  am. No. 154, 1980; No. 26, 1982; No. 141, 1994; No. 104, 1998 S. 141A  ad. No. 104, 1998 S. 142  am. No. 26, 1982; No. 141, 1994  IP/N/1/AUS/C/3 
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  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
 rs. No. 104, 1998 
S. 143  rs. No. 26, 1982 
 am. No. 141, 1994 S. 144  am. No. 141, 1994  S. 144A  ad. No. 154, 1980  am. No. 141, 1994  S. 144B  ad. No. 154, 1980  am. No. 26, 1982; No. 141, 1994 S. 145  rs. No. 141, 1994 S. 146  am. No. 154, 1980; No. 26, 1982; No. 141, 1994; No. 104, 1998 S. 147  am. No. 154, 1980; No. 26, 1982  S. 148  am. No. 154, 1980  rep. No. 32, 1989 (as am. by No. 107, 1993) Heading to Div. 3 of Part VI  rs. No. 104, 1998 S. 148  ad. No. 104, 1998 S. 149  am. No. 154, 1980  S. 149A  ad. No. 154, 1980  rs. No. 78, 1986  am. No. 32, 1989 (as am. by No. 107, 1993); No. 104, 1998 Ss. 150, 151..................... am. No. 154, 1980  S. 152  am. No. 216, 1973; No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 
67, 1985; No. 78, 1986; No. 146, 1988; No. 180, 1991; No. 141, 1994; No. 104, 1998; No. 110, 2000 
Ss. 152A, 152B ............... ad. No. 32, 1989 (as am. by No. 107, 1993)  S. 153  am. No. 154, 1980  Heading to s. 153A ......... am. No. 110, 2000 S. 153A  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 S. 153B  ad. No. 32, 1989 (as am. by No. 107, 1993)  Ss. 153BA, 153BB.......... ad. No. 110, 2000 Heading to s. 153C.......... rs. No. 110, 2000 S. 153C  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998; No. 110, 2000 S. 153D  ad. No. 32, 1989 (as am. by No. 107, 1993)  S. 153DA  ad. No. 110, 2000 S. 153E  ad. No. 32, 1989 (as rep. by No. 107, 1993)  ad. No. 104, 1998 Ss. 153F–153H................ ad. No. 104, 1998 Ss. 153J–153L................. ad. No. 104, 1998 Ss. 153M, 153N .............. ad. No. 110, 2000 S. 154  am. No. 141, 1994  Ss. 155–159..................... am. No. 141, 1994; No. 154, 1980 Ss. 159A, 159B ............... ad. No. 154, 1980  am. No. 91, 1983  rep. No. 32, 1989 (as am. by No. 107, 1993)  S. 161  am. No. 19, 1979; No. 154, 1980; No. 104, 1998 S. 163A  ad. No. 154, 1980  am. No. 141, 1994  S. 166  am. No. 19, 1979; No. 154, 1980; No. 104, 1998 S. 167  am. No. 104, 1998 S. 169  am. No. 216, 1973 S. 170  am. No. 146, 1999 S. 171  am. No. 141, 1994   IP/N/1/AUS/C/3 
 Page 283 
 
 
  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
S. 172  am. No. 154, 1980; No. 141, 1994; No. 24, 2001  
S. 173  am. No. 154, 1980; No. 141, 1994  
S. 174  am. No. 154, 1980; No. 78, 1986; No. 104, 1998 Part VII  Heading to Div. 1............ 
of Part VII ad. No. 104, 1998 
Ss. 180, 181..................... am. No. 154, 1980  
S. 182A  ad. No. 154, 1980  am. No. 141, 1994  Div. 2 of Part VII ............ 
(ss. 182B, 182C) ad. No. 104, 1998 
Ss. 182B, 182C ............... ad. No. 104, 1998 
S. 183  am. No. 19, 1979; No. 154, 1980; No. 32, 1989 (as am. by No. 107, 
1993); No. 141, 1994; No. 110, 2000  
Ss. 183A–183E ............... ad. No. 104, 1998 S. 184  am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 
146, 1988; No. 32, 1989 (as am. by No. 107, 1993); No. 180, 1991; No. 104, 1998; No. 110, 2000 
Ss. 185–188..................... am. No. 154, 1980 Part IX (ss. 189–195, 195AA)  rep. No. 159, 2000 Part IX  
(ss. 189–195,  195AA–195AW, 195AWA, 195AWB, 195AX–195AZ, 195AZA–195AZO) ad. No. 159, 2000 
S. 189  rs. No. 159, 2000 
 am. No. 159, 2000 S. 190  rs. No. 159, 2000 Ss. 191, 192..................... am. No. 141, 1994   rs. No. 159, 2000 S. 193  rs. No. 159, 2000 S. 194  am. No. 154, 1980; No. 141, 1994   rs. No. 159, 2000  am. No. 159, 2000 S. 195  rs. No. 159, 2000 S. 195AA  ad. No. 32, 1989 (as am. by No. 107, 1993)   rs. No. 159, 2000 Ss. 195AB–195AC.......... ad. No. 159, 2000 S. 195AD–195AF ........... ad. No. 159, 2000  am. No. 159, 2000 Ss. 195AG–195AP.......... ad. No. 159, 2000 S. 195AQ  ad. No. 159, 2000  am. No. 159, 2000 Ss. 195AR–195AV ......... ad. No. 159, 2000 Ss. 195AVA, 195AVB.... ad. No. 159, 2000 S. 195AW  ad. No. 159, 2000 Ss. 195AWA, 195AWB.. ad. No. 159, 2000 Ss. 195AX–195AZ.......... ad. No. 159, 2000 Ss. 195AZA–195AZO .... ad. No. 159, 2000 S. 195A  ad. No. 154, 1980  am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 
1993); No. 104, 1998 
S. 195B  ad. No. 32, 1989 (as rep. by No. 107, 1993)  ad. No. 107, 1993  am. No. 149, 1994; No. 104, 1998 IP/N/1/AUS/C/3 
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  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
Ss. 197, 198..................... am. No. 141, 1994  
S. 199  am. No. 160, 1977; No. 154, 1980; No. 7, 1983; No. 78, 1986; No. 
146, 1988; No. 180, 1991; No. 141, 1994; No. 104, 1998; No. 110, 2000 
S. 200  am. No. 154, 1980; No. 32, 1989 (as am. by No. 107, 1993) Heading to s. 200AA....... am. No. 104, 1998 S. 200AA  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 104, 1998 S. 200A  ad. No. 78, 1986   rep. No. 32, 1989 (as am. by No. 107, 1993) S. 201  am. No. 216, 1973; No. 154, 1980; No. 141, 1994  S. 202  am. No. 216, 1973; No. 141, 1994; No. 104, 1998 S. 203A  ad. No. 154, 1980  am. No. 91, 1983; No. 165, 1984; No. 78, 1986; No. 32, 1989 (as 
am. by No. 107, 1993)  
Ss. 203B, 203C ............... ad. No. 154, 1980  am. No. 165, 1984; No. 78, 1986  rep. No. 32, 1989 (as am. by No. 107, 1993) S. 203D  ad. No. 154, 1980  am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 
1993) 
S. 203E  ad. No. 154, 1980  am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 
1993); No. 141, 1994; No. 24, 2001  
S. 203F  ad. No. 154, 1980  am. No. 91, 1983; No. 165, 1984; No. 78, 1986; No. 32, 1989 (as 
am. by No. 107, 1993); No. 24, 2001  
S. 203G  ad. No. 154, 1980  am. No. 165, 1984; No. 78, 1986  rep. No. 32, 1989 (as am. by No. 107, 1993)   ad. No. 110, 2000 S. 203H  ad. No. 154, 1980  am. No. 165, 1984; No. 78, 1986; No. 32, 1989 (as am. by No. 107, 
1993); No. 110, 2000  
S. 204  am. No. 154, 1980  S. 206  am. No. 216, 1973; No. 61, 1981  Ss. 209, 210..................... am. No. 154, 1980 S. 211  am. No. 154, 1980; No. 141, 1994 S. 212  am. No. 154, 1980 S. 213  am. No. 154, 1980; No. 141, 1994 Ss. 214–216..................... am. No. 154, 1980  S. 217  am. No. 216, 1973; No. 154, 1980 S. 219  am. No. 154, 1980; No. 141, 1994  Ss. 220–227..................... am. No. 154, 1980  S. 229  am. No. 154, 1980  Ss. 232–237..................... am. No. 154, 1980 S. 238  am. No. 154, 1980  rep. No. 159, 2000 S. 239  am. No. 154, 1980; No. 141, 1994 Ss. 240, 241..................... am. No. 154, 1980  Ss. 244, 245..................... am. No. 154, 1980  S. 246  am. No. 110, 2000 S. 248  am. No. 154, 1980; No. 141, 1994  Part XIA   
(ss. 248A–248V) ad. No. 32, 1989 (as am. by No. 107, 1993)   IP/N/1/AUS/C/3 
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  ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted 
Provision affected How affected 
S. 248A  ad. No. 32, 1989 (as am. by No. 107, 1993)  
 am. No. 149, 1994; No. 104, 1998; No. 110, 2000 (as am. by 
No. 63, 2002) 
Ss. 248B, 248C ............... ad. No. 32, 1989 (as am. by No. 107, 1993)  S. 248CA  ad. No. 149, 1994  S. 248D  ad. No. 32, 1989 (as am. by No. 107, 1993)  S. 248E  ad. No. 32, 1989 (as am. by No. 107, 1993)   rep. No. 110, 2000 S. 248F  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 149, 1994  S. 248G  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 149, 1994; No. 110, 2000  Ss. 248H–248O............... ad. No. 32, 1989 (as am. by No. 107, 1993)  S. 248P  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 105, 1998; No. 110, 2000 S. 248Q  ad. No. 32, 1989 (as am. by No. 107, 1993)  am. No. 149, 1994; No. 105, 1998 S. 248QA  ad. No. 149, 1994   am. No. 105, 1998 S. 248QB  ad. No. 149, 1994  rs. No. 105, 1998 S. 248R  ad. No. 32, 1989 (as am. by No. 107, 1993)   am. No. 149, 1994   rep. No. 105, 1998 Ss. 248S–248V................ ad. No. 32, 1989 (as am. by No. 107, 1993)  
S. 249  am. No. 154, 1980   
 IP/N/1/AUS/C/3 
Page 286  
 
  Table A 
Application, saving or transitional provisions 
Copyright Amendment Act (No. 1) 1998 (No. 104, 1998)  
Schedule 1   
4  Application 
The amendments made by this Schedule apply only in relation to works made after the 
commencement of this Schedule. 
Note: Subsection 22(1) of the Copyright Act 1968  specifies when a work is made. 
Schedule 3   
4  Application 
The amendments made by items 1, 2 and 3 do not apply to an action for conversion or 
detention brought before the co mmencement of this Schedule. 
Schedule 4   
6  Application 
(1) If: 
 (a) a government copy was made before the first declaration of a collecting society in 
relation to a government copy of the same kind was made under section 153F of 
the Copyright Act 1968 ; and 
 (b) apart from this item, the owner of the relevant copyright would have been entitled 
to the benefit of terms agreed on, or fixe d, under subsection 183(5) of that Act; and 
 (c) any payment due under terms referred to  in paragraph (b) has not been made; 
section 183A has effect as if: 
 (d) section 153F of the Copyright Act 1968  and Division 2 of Part VII of that Act had 
been in force when the copy was made; and 
 (e) the company the subject of the first declaration under section 153F of that Act in 
relation to a government copy of the same kind had been the relevant collecting society in relation to the copy  when the copy was made; and 
 (f) the company had not ceased operating as a collecting society when the copy was 
made. 
(2) Section 183A has effect in accordance with  subsection (1) whether or not the company 
referred to in paragraph (1)(e) was the agent of the owner of the copyright involved. 
Schedule 9   
8  Saving 
If, immediately before the commencement of th is Schedule, a declaration under paragraph 
10A(1)(b) of the Copyright Act 1968  was in force, that Act has effect, in relation to the 
declaration and the institution to which the declar ation relates, as if this Act had not been 
enacted.  IP/N/1/AUS/C/3 
 Page 287 
 
 
  Schedule 10   
51  Saving 
Copyright that subsisted in a television broa dcast or a sound broadcast made before the 
commencement of this Schedule continues to subs ist for the period for which that copyright 
would have subsisted if the am endments made by this Schedul e had not been made, and the 
person who was the owner of that copyrigh t immediately before that commencement 
continues to be the owner for that period. 
 
Copyright Amendment Act (No. 2) 1998 (No. 105, 1998)  
Schedule 1   
9  Application 
The amendments made by this Schedule appl y in relation to copies of sound recordings 
imported into Australia after the commencement of this Act. 
 
Copyright Amendment (Digital Agenda) Act 2000 (No. 110, 2000) 
Schedule 2 
1  Definitions 
In this Schedule: 
broadcasting right , in relation to a work or other subj ect-matter, means the exclusive right 
under the Copyright Act to broadcast the work or other subject-matter. 
cable transmission right , in relation to a work or other subject-matter, means the exclusive 
right under the Copyright Act to  cause the work or other subject-matter, or a television 
program that includes it, to be transmitte d to subscribers to a diffusion service. 
commencing day  means the day on which this Act commences. 
Copyright Act  means the Copyright Act 1968 , as in force immediately before the commencing 
day. 
2  Application of communication right 
Subject to this Schedule, on and after the commencing day: 
 (a) the exclusive right to communicate a wo rk or other subject-matter to the public 
under the Copyright Act as amended by this Ac t applies in relation to all works and 
other subject-matter (other than published editions of works) in which copyright 
subsisted immediately before the commencing day; and IP/N/1/AUS/C/3 
Page 288  
 
   (b) the Copyright Act as so amended applies to all such works and other subject-matter 
in the same way as it applies in relation to an original work or other subject-matter 
made on or after that day. 
3  Assignments and licences 
A licence, contract or arrangement (including an assignment of copyright) that was in force 
immediately before the commencing day continues to have effect on and after that day in so 
far as it relates to the broadcasting right or cable transmission right in a work or other 
subject-matter, but subject to any contrary in tention, as if the Copyright Act had not been 
amended by this Act, and the Copyright Act a pplies in relation to the licence, contract or 
arrangement accordingly. 
 
Copyright Amendment (Moral Rights) Act 2000 (No. 159, 2000) 
Schedule 1 
3  Application 
Part IX of the Copyright Act 1968  as in force immediately befo re the commencement of this 
Schedule continues to apply, subject to section 238 of that Act as in force immediately before 
that commencement, in relation to acts done in  respect of a literary, dramatic, musical or 
artistic work before that commencement. 
 
Law and Justice Legislation Amendment (A pplication of Criminal Code) Act 2001  (No. 24, 2001) 
4  Application of amendments 
 (1) Subject to subsection (3), each amendm ent made by this Act applies to acts and 
omissions that take place after the amendment commences. 
 (2) For the purposes of this section, if an act  or omission is alleged to have taken place 
between 2 dates, one before and one on or after the day on which a particular amendment 
commences, the act or omission is alleged to have taken place before the amendment 
commences.  IP/N/1/AUS/C/3 
 Page 289 
 
 
  Table B 
Modifications 
A.C.T. Self-Government (Conse quential Provisions) Regulations 
Schedule 1   
Subsection 10(1) (definitio n of the Crown):   
Before “the Northern Territory” (first occurring)  insert “the Australian Capital Territory and”. 
Paragraph 10(3)(e):   
Before “the Northern Territory” insert “the Australian Capital Territory and”. 
Paragraph 10(3)(n):   
 (a) Before “the Northern Territory” (first o ccurring) insert “the Australian Capital Territory 
and”; 
 (b) Before “the Northern Territory” (sec ond occurring) insert “the Australian Capital 
Territory or”. 
Subsection 183(11):   
 Omit “State or” (twice occurring), substitute “S tate, the Australian Capital Territory or”. 
 
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