WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/AUS/C/3/Add.1 
15 August 2007 
 (07-3453) 
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 
 
Addendum
 
 
 The present document reproduces the text1 of the Copyright Amendment (Parallel 
Importation) Act 2003 - No. 34, 2003, notified by Au stralia 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 
 
Addendum
 
 
 Le présent document contient le texte1 de la Loi de 2003 sur la modification du droit d'auteur 
(importation parallèle) n° 34,  2003, 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 
 
Addendum  
 
 En el presente documento se reproduce el texto1 de la Ley de 2003 por la que se modifica la 
Ley de Derecho de Autor (Importación Paralela) - Nº  34, 2003, notificado por Australia en virtud de 
lo dispuesto en el párrafo 2 del artículo 63 del 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/Add.1 
Page 2  
 
  
 
 
   
 
 
Copyright Amendment (Parallel Importation) 
Act 2003 
 
No. 34, 2003 
 
 
 
  
An Act to amend the Copyright Act  1968 , and for related purposes 
 
  IP/N/1/AUS/C/3/Add.1 
 Page 3 
 
 
  Contents 
 
  1 Short title  
   2 Commencement 
 
   3 Schedule(s) 
 
 
Schedule 1—Computer software  
 
  Copyright Act 1968   
 
Schedule 3—Other amendments  
 
  Copyright Act 1968   
 
Schedule 4—Enforcement  
 
  Copyright Act 1968   
 IP/N/1/AUS/C/3/Add.1 
Page 4  
 
  
 
 
 
Copyright Amendment (Parallel Importation) Act 
2003 
No. 34, 2003 
  
  IP/N/1/AUS/C/3/Add.1 
 Page 5 
 
 
  An Act to amend the Copyright Act 1968, and for related 
purposes 
[Assented to 15 April 2003 ] 
The Parliament of Australia enacts: 
 
1  Short title 
  This Act may be cited as the Copyright Amendment (Parallel Importation) Act 2003.  
 
2  Commencement 
 (1) Each provision of this Act specified in co lumn 1 of the table commences, or is taken to 
have commenced, on the day or at the time specified in column 2 of the table. 
 
Commencement information 
Column 1 Column 2 Column 3 
Provision(s) Commencement Date/Details 
1.  Sections 1 to 3 and 
anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent 15 April 2003 
2.  Schedule 1 The day on which this Act receives the Royal Assent 15 April 2003 
3.  Schedule 2 The first anniversary of  the day on which this Act receives 
the Royal Assent  
4.  Schedule 3, 
items 1 to 3 Immediately after the commencement of the Copyright 
Amendment (Digital Agenda) Act 2000 4 March 2001 
5.  Schedule 3, item 4 Immediately after the commencement of Schedule 1 to 
this Act 15 April 2003 
6.  Schedule 3, item 5 Immediately after the commencement of the Copyright 
Amendment (Digital Agenda) Act 2000  4 March 2001 
7.  Schedule 3, item 6 Immediately after the commencement of Schedule 1 to 
this Act 15 April 2003 
8.  Schedule 3, item 7 Immediately after the commencement of the Copyright 
Amendment (Digital Agenda) Act 2000  4 March 2001 
9.  Schedule 3, 
items 8 and 9 Immediately after the commencement of Schedule 1 to 
this Act 15 April 2003 
10.  Schedule 4 The 28th day after th e day on which this Act receives the 
Royal Assent 13 May 2003 
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and 
assented to. It will not be expanded to deal with provisions inserted in this Act after assent . IP/N/1/AUS/C/3/Add.1 
Page 6  
 
  (2) Column 3 of the table is for additional information that is not part of this Act. This 
information may be included in an y published version of this Act. 
 
3  Schedule(s) 
  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in 
the applicable items in the Schedule concerne d, and any other item in a Schedule to this 
Act has effect according to its terms.  IP/N/1/AUS/C/3/Add.1 
 Page 7 
 
 
   
Schedule 1 —Computer software  
   
Copyright Act 1968 
 
1  Subsection 10(1) (definition of accessory ) 
 
 Omit the word and paragraphs after “but does not”, substitute “include any label, packaging 
or container on which the olympic symbol (within the meaning of the Olympic Insignia 
Protection Act 1987 ) is reproduced.”. 
 2  Subsection 10(1) (at the end of the definition of accessory) 
 
 Add:  
              
Note: See also section 10AD for an expanded meaning of accessory  in relation to certain imported 
articles. 
 
 
3  Subsection 10(1) 
 
 Insert: 
 
  electronic literary or music item means: 
   (a) a book in electronic form; or   (b) a periodical publication in electronic form; or   (c) sheet music in electronic form; 
  regardless of whether there is a printed form. 
 
4  Subsection 10(1) (at the end of the definition of infringing copy) 
 
 Add:  
              ; or (i) a non-infringing copy of a computer program whose importation does not 
infringe that copyright; or 
                    (j) a non-infringing copy of an electronic literary or music item whose 
importation does not infringe that copyright. 
 5  Subsection 10(1) (paragraph (c) of the definition of non-infringing accessory) 
 
 After “that is”, insert “, or is”.  
6  Subsection 10(1) (definition of non-infringing copy) 
 
 Repeal the definition, substitute: 
 
  non-infringing copy : 
               (a) in relation to a sound recording, has the meaning given by section 10AA; and 
              (b) in relation to a computer program, has the meaning given by section 10AB; 
and IP/N/1/AUS/C/3/Add.1 
Page 8  
 
                (c) in relation to an elect ronic literary or music item, has the meaning given by 
section 10AC. 
 
7  Subsection 10(1) 
  Insert: 
 
  qualifying country  means: 
               (a) a country that is a party to the International Convention for the Protection of 
Literary and Artistic Works concluded at Berne on 9 September 1886 as 
revised from time to time; or 
              (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. 
 
8  After section 10AA 
 
 Insert:  
10AB  Non-infringing copy of a computer program 
   A copy of a computer program is a non-infringing copy  only if: 
   (a) it is made in a qualifying country; and               (b) its making did not constitute an infringement of any copyright in a work 
under a law of that country. 
 10AC  Non-infringing copy of an electronic literary or music item 
 
  A copy of an electronic literary or music item is a non-infringing copy  only if: 
   (a) it is made in a qualifying country; and 
              (b) its making did not constitute an infringement of any copyright in a work, or 
in a published edition of a work, under a law of that country. 
 
10AD  Accessories to imported articles 
 
  Accessories 
 
 (1) If a person imports into Australia:                (a) an article that h as embodied in it a copy of a computer program; or 
              (b) an article that has em bodied in it a copy of an electronic literary or music 
item; 
  a copy of any work or other subject matter (other than a feature film) that is on, 
embodied in, or included with, the article  on its importation is taken to be an 
accessory to the article. 
  IP/N/1/AUS/C/3/Add.1 
 Page 9 
 
 
                Note: See also sections 44C and 112C (about the non-infringement of copyright in works or other 
subject matter that are accessories to imported articles). 
 
  Definition 
 
 (2) In this section:  
  feature film means a cinematograph film that: 
   (a) is produced wholly or principally:                             (i) for e xhibition to the public in cinemas or by way of television 
broadcasting; or 
                           (ii) for sale or rental to the public where it is reasonable to assume that 
the viewing of the film (without electronic interactive involvement with the film) would be the primary object of any such sale or rental; and 
 
  (b) is more than 20 minutes in duration.  
  Interpretation 
 
 (3) This section does not limit the meaning of accessory in subsection 10(1). 
 
9  Subsection 44C(1) 
 
 After “which is”, insert “, or is”.  10  At the end of subsection 44C(1) 
 
 Add:  
              
Note: See the definition of accessory in subsection 10(1) and see also section 10AD for an expanded 
meaning of accessory  in relation to certain imported articles. 
 
11   Subsection 44C(2)  
 After “that is”, insert “, or is”.  
12  After section 44D 
  Insert: 
 
44E  Importation and sale etc. of copies of computer programs 
 
  The copyright in a literary work: 
 
  (a) that is a computer program; and               (b) that has been published in Australia or a qualifying country;    is not infringed by a person who:               (c) imports into Australia an article that has embodied in it a non-infringing copy 
of the program; or IP/N/1/AUS/C/3/Add.1 
Page 10  
 
                (d) does an act mentioned in section 38 involving an article that has embodied in 
it a non-infringing copy of the program and that has been imported into Australia by anyone. 
 
              
Note: Section 130B deals with the burden of proof a defendant bears in a civil action for 
infringement of copyright. 
 
44F  Importation and sale etc. of copi es of electronic literary or music items 
 
  The copyright in a work:               (a) that is, or is part of, an electronic literary or music item; and 
             (b) that has been published in Australia or a qualifying country; 
  is not infringed by a person who:              (c) imports into Australia an  article that has embodied in it a non-infringing copy 
of the electronic literary or music item; or 
             (d) does an act mentioned in section 38 involving an article that has embodied in 
it a non-infringing copy of the electronic literary or music item and that has 
been imported into Australia by anyone. 
 
 
             Note: Section 130C deals with the burden of proof a defendant bears in a civil action for 
infringement of copyright. 
 
13  Subsection 102(1) 
  Omit “112C and 112D”, substitu te “112C, 112D and 112DA”. 
 
14  Subsection 103(1) 
 
 Omit “112C and 112D”, substitu te “112C, 112D and 112DA”. 
 
15  At the end of subsection 112C(1) 
 
 Add:  
             
Note: See the definition of accessory in subsection 10(1) and see also section 10AD for an expanded 
meaning of accessory  in relation to certain imported articles. 
 
16  After section 112D 
 
 Insert:  
112DA  Importation and sale etc. of copies of electronic literary or music items 
 
  If, in relation to a published edition of a work:               (a) the work is, or is part of, an electronic literary or music item; and              (b) the edition has been published in Australia or a qualifying country; 
  then the copyright in the published edition is not infringed by a person who: 
             (c) imports into Australia an  article that has embodied in it a non-infringing copy 
of the electronic literary or music item; or 
             (d) does an act mentioned in section 103 involving an article that has embodied 
in it a non-infringing copy of the electr onic literary or music item and that 
has been imported into Australia by anyone.  IP/N/1/AUS/C/3/Add.1 
 Page 11 
 
 
   
               Note: Section 130C deals with the burden of proof a defendant bears in a civil action for 
infringement of copyright. 
 
17  After section 130A 
  Insert: 
 
130B  Acts relating to imported copies of computer programs 
 
  In an action by a plaintiff for infringemen t of copyright described in section 37 or 38: 
 
             (a) relating to the plaintiff’ s copyright in a literary work that is a computer 
program; and 
             (b) involving an article that has embodied in it a copy of the program;   it must be presumed, unless the defendant proves otherwise, that the copy is not a 
non-infringing copy so far as it relates to the plaintiff’s copyright. 
 
                 Note: Sections 37 and 38 deal with infringement of copyright in li terary works (among other things) 
by commercial importation and dealings involving articles. 
 
130C  Acts relating to imported copies of electronic literary or music items 
 
  In an action by a plaintiff for infringement of copyright described in section 37, 38, 
102 or 103: 
 
             (a) relating to the plaintiff’ s copyright in a work, or in a published edition of a 
work, that is, or is part of, an electronic literary or music item; and 
             (b) involving an article that has embodied in it a copy of the electronic literary or 
music item; 
  it must be presumed, unless the defendant proves otherwise, that the copy is not a 
non-infringing copy so far as it relates to the plaintiff’s copyright. 
 
              Note 1: Sections 37 and 38 deal with infringement  of copyright in a work by commercial importation 
and dealings involving articles. 
 
                 Note 2: Sections 102 and 103 deal  with infringement of copyright in a published edition of a work 
(among other things) by co mmercial importation and dea lings involving articles. 
 
18  Subsection 135(10) 
 
 Omit “112A or 112D”, substitute “44E, 44F, 112A, 112D or 112DA”. 
 19  After section 198 
 
 Insert:  
198A  Non-infringement of trade mark in relation to the importation of copyright material 
 
 (1) A person who uses a registered trade ma rk in relation to imported goods that are 
similar to goods in respect of which the trad e mark is registered does not infringe the 
trade mark if: 
 IP/N/1/AUS/C/3/Add.1 
Page 12  
 
                (a) the importation would have constituted an infringement of copyright except 
for the operation of a paralle l importation provision; and 
              (b) the trade mark was applied to, or in relation to, the goods before the 
importation (whether the mark was applied before or after the commencement of this section); and 
  (c) the trade mark was applied by, or with the consent of: 
                          (i) a person who, at the time the mark was applied, was the registered 
owner of the mark; or 
                         (ii) a person wh o, at the time the mark was applied, was the owner of the 
mark in the place where the mark was applied and who had been a 
registered owner of the mark at any time before then. 
  (2) Unless the contrary intention appears, an  expression used in this section has the same 
meaning as in the Trade Marks Act 1995 . 
 
 (3) In this section: 
 
  parallel importation provision  means: 
   (a) section 44E, 44F or 112DA; or 
              (b) section 44C or 112C (in so far as that section applies in relation to an 
accessory to an article of the kind mentioned in subsection 10AD(1)). 
 
20  Application 
  The amendments made by this Schedul e apply in relation to the following: 
              (a) works, or published ed itions of works, published before or after the 
commencement of this Schedule; 
             (b) copies of computer programs imported into Australia after the 
commencement of this Schedule (regardless of whether they were made 
before or after the commencement of this Schedule); 
             (c) copies of electronic literary or music items imported into Australia after the 
commencement of this Schedule (regardless of whether they were made before or after the commencement of this Schedule).  IP/N/1/AUS/C/3/Add.1 
 Page 13 
 
 
   
Schedule 3—Other amendments 
   
Copyright Act 1968 
 
1  Subsection 10(1) (definition of circumvention device) 
  Omit “effective”. 
 
2  Subsection 10(1) (definition of circumvention service) 
 
 Omit “effective”. 
 
3  Subsection 10(1) (definition of technological protection measure)  
 Omit “licensee”, substitu te “exclusive licensee”. 
 
4  After paragraph 10AD(1)(b) 
 
 Insert:               or (c) an article that has embodied in it a copy of a sound recording;  
5  Paragraph 39A(a) 
 
 Omit “for the making, by reprographic repr oduction, of copies of documents”, substitute 
“(including a computer)”. 
 
6  Subsections 44D(4) and (5) 
 
 Repeal the subsections.  
7  Paragraphs 53(b) and (c) 
  Omit “copy” (wherever occurring) , substitute “reproduction”. 
 
Note: The heading to section 153C is altered by omitting “ section 135ZZV ” and substituting “ section 135ZV ”. 
 
8  Subsection 198A(3) (paragraph (a) of the defi nition of parallel importation provision) 
 
 Omit “44E, 44F or 112DA”, substitute  “44D, 44E, 44F, 112D or 112DA”. 
 
9  Application 
 
 The amendments made by items 4 and 6 of this  Schedule apply in relation to copies of sound 
recordings imported into Australia after th e commencement of this item (regardless of 
whether they were made before or after the commencement of this item). IP/N/1/AUS/C/3/Add.1 
Page 14  
 
   
Schedule 4—Enforcement 
   
Copyright Act 1968 
 
1  After subparagraph 115(4)(b)(i) 
  Insert: 
               (ia) the need to deter similar infringements of copyright; and               (ib) the conduct of the defe ndant after the act constituting the infringement or, if 
relevant, after the defendant was inform ed that the defendant had allegedly 
infringed the plaintiff’s copyright; and 
 
2  After section 126 
 
 Insert:  126A  Evidence in relation to subsistence of copyright 
 
 (1) This section applies to an action under this  Part in which the defendant puts in issue 
the question whether copyright subsists in the work or other subject matter to which 
the action relates. 
   Labels or marks 
 
 (2) If a copy of the work or other subject matter, or the packaging or container in which 
the copy is packaged or contained, bears a label or mark stating the year and place of 
the first publication, or of the making, of the work or other subject matter, then the 
label or mark is admissible as prima fa cie evidence of the facts so stated. 
 
  Foreign  certificates 
  (3) If a certificate or other document issued in a qualifying country in accordance with a 
law of that country states the year and place of the first publication, or of the making, 
of the work or other subject matter, th en the certificate or other document is 
admissible as prima facie evidence of the facts so stated. 
  (4) For the purposes of this section, a document purporting to be a certificate or 
document referred to in subsection (3) is, unl ess the contrary intention is established, 
taken to be such a certificate or document. 
 
126B  Evidence in relation to ownership of copyright 
 
 (1) This section applies to an action under this  Part in which the defendant puts in issue 
the question of the plaintiff’s ownership of  copyright in the work or other subject 
matter to which the action relates. 
 
  Labels or marks 
 
 (2) If a copy of the work or other subject matter, or the packaging or container in which 
the copy is packaged or contained, bears a label or mark stating that a person was the  IP/N/1/AUS/C/3/Add.1 
 Page 15 
 
 
  owner of copyright in the work or other subj ect matter at a particular time, then the 
label or mark is admissible as prima fa cie evidence of the facts so stated. 
 
  Foreign certificates 
  (3) If a certificate or other document issued in a qualifying country in accordance with a 
law of that country states that a person was the owner of copyright in the work or other subject matter at a particular time, then the certificate or other document is admissible as prima facie evidence of the facts so stated. 
 
 (4) For the purposes of this section, a document purporting to be a certificate or 
document referred to in subsection (3) is, unl ess the contrary intention is established, 
taken to be such a certificate or document. 
 
  Chains of ownership 
 
 (5) If:    (a) subsection (2) or (3) applies; and   (b) the plaintiff produces a document stating the following: 
 
                         (i) each s ubsequent owner of the copyright the subject of the action 
(including the plaintiff’s ownership); 
                         (ii) the date  each subsequent owner became the owner of that copyright; 
                         (iii) a desc ription of the transaction resu lting in each subsequent owner 
becoming the owner of that copyright; 
 
  then the document is admissible as prim a facie evidence of the facts so stated. 
  (6) If:    (a) neither subsection (2) nor (3) applies; and 
  (b) the plaintiff produces a document stating the following: 
                          (i) the original owner of the copyright the subject of the action;                          (ii) each subsequent owner of that copyright (including the plaintiff’s 
ownership); 
                         (iii) the date each owner became the owner of that copyright; 
                         (iv) a d escription of the transaction resu lting in each owner becoming the 
owner of that copyright; 
   then the document is admissible as prim a facie evidence of the facts so stated. 
   Offence 
 
 (7) A person is guilty of an offence if:               (a) the person produ ces a document under subsection (5) or (6); and 
             (b) the person is reckless as to whether the document is false or misleading. 
   Penalty: 30 penalty units.  IP/N/1/AUS/C/3/Add.1 
Page 16  
 
   (8) Strict liability applies to the element of  the offence against subsection (7) that the 
document is produced under subsection (5) or (6). 
 
 
            Note: For strict liability , see section 6.1 of the Criminal Code . 
 
3  Section 130 
 
 Omit “first so”. 
 
4  Section 130 
 
 Omit “that label or mark is sufficient evidence of  the facts so stated except in so far as the 
contrary is established”, subs titute “then the label or mark is admissible as prima facie 
evidence of the facts so stated”. 
 
5  At the end of section 130 
 
 Add:  
 (2) In an action brought by virtue of this Part in relation to copyright in a sound 
recording, if: 
              (a) records embodying the recording or a part of the recording have been 
supplied (whether by sale or otherwise) to the public; and 
             (b) at the time when records embodying the recording or part of the recording 
were supplied, the records or their containers bore a label or other mark 
consisting of the letter “P” in a circle accompanied by a specified year and the name of a person; 
  then the label or mark is admissible as  prima facie evidence that the recording was 
first published in that specified year and that the named person was the owner of 
copyright in the recording in the place and at  the time at which the label or mark was 
affixed to the records or their containers. 
 
6  At the end of Division 4A of Part V 
  Add: 
 
131D  Jurisdiction of Federal Magistrates Court 
 
  Jurisdiction is conferred on the Federal Ma gistrates Court with respect to civil actions 
under this Part. 
 
7  Subsection 132(6AB) 
 
 Repeal the subsection, substitute:  
 (6AB) If: 
   (a) either:                          (i) a person contravenes subsection (1) because of the doing of an act 
referred to in paragraph (1)(a), (b) or (c); or 
                        (ii)  a person contravenes subs ection (2) or (2A); and  IP/N/1/AUS/C/3/Add.1 
 Page 17 
 
 
   
   (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. 
 
 (6AC) If: 
              (a) a person contravenes subsection (1) because of the doing of an act referred to 
in paragraph (1)(d); 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 650 penalty units and/or imprisonment for not more than 5 years. 
 
8  After section 132 
  Insert: 
 
132A  Presumptions in relation to subsistence and ownership of copyright 
 
 (1) This section applies to a prosecution for an offence against section 132 in relation to a 
work or other subject matter. 
 
  Labels or marks 
 
 (2) If a copy of the work or other subject matter, or the packaging or container in which 
the copy is packaged or contained, bears a label or mark stating the year and place of 
the first publication, or of the making, of the work or other subject matter, then the 
label or mark is admissible as prima fa cie evidence of the facts so stated. 
  (3) If a copy of the work or other subject matter, or the packaging or container in which 
the copy is packaged or contained, bears a label or mark stating that a person was the 
owner of copyright in the work or other subj ect matter at a particular time, then the 
label or mark is admissible as prima fa cie evidence of the facts so stated. 
 
  Foreign certificates 
 
 (4) If a certificate or other document issued in a qualifying country in accordance with a 
law of that country states the year and place of the first publication, or of the making, 
of the work or other subject matter, th en the certificate or other document is 
admissible as prima facie evidence of the facts so stated. 
  (5) If a certificate or other document issued in a qualifying country in accordance with a 
law of that country states that a person was the owner of copyright in the work or 
other subject matter at a particular time, then the certificate or other document is 
admissible as prima facie evidence of the facts so stated. 
  (6) For the purposes of this section, a document purporting to be a certificate or 
document referred to in subsection (4) or (5) is, unless the contrary intention is 
established, taken to be such a certificate or document. 
 
132B  Evidence in relation to sound recordings 
 
 (1) In a prosecution for an o ffence against section 132 in relation to a sound recording, if: IP/N/1/AUS/C/3/Add.1 
Page 18  
 
   
             (a) records embodying the recording or a part of the recording have been 
supplied (whether by sale or otherwise) to the public; and 
             (b) at the time when records embodying the recording or part of the recording 
were supplied, the records or their containers bore a label or other mark 
containing a statement: 
                          (i) that a person specified on the label or mark was the maker of the 
recording; or 
                         (ii) that the recording was first published in a year specified on the label 
or mark; or 
                         (iii) that the recording was first published in a country specified on the 
label or mark; 
   then the label or mark is admissible as prima facie evidence of the facts so stated. 
 
 (2) In a prosecution for an o ffence against section 132 in relation to a sound recording, if: 
              (a) records embodying the recording or a part of the recording have been 
supplied (whether by sale or otherwise) to the public; and 
             (b) at the time when records embodying the recording or part of the recording 
were supplied, the records or their containers bore a label or other mark 
consisting of the letter “P” in a circle accompanied by a specified year and the name of a person; 
  then the label or mark is admissible as  prima facie evidence that the recording was 
first published in that specified year and that the named person was the owner of 
copyright in the recording in the place and at  the time at which the label or mark was 
affixed to the records or their containers. 
 
9  Paragraph 133A(1)(a) 
 
 Omit “computer program”, substitute  “work or other subject matter”. 
 
Note: The heading to section 133A is altered by omitting “ computer programs ” and substituting “ works or other 
subject matter ”. 
 
10  Subsection 133A(2) 
 
 Repeal the subsection, substitute: 
 
 (2) For the purposes of this section, a communication of a work or other subject matter 
that, when received and recorded, will result in  the creation of a copy of the work or 
other subject matter is taken to constitute th e supply of a copy of the work or other 
subject matter at the place where the copy will be created. 
 
11  At the end of Division 3 of Part VAA 
 
 Add:  
135ARA  Jurisdiction of Federal Magistrates Court 
 
  Jurisdiction is conferred on the Federal Ma gistrates Court with respect to civil actions 
under this Part.  IP/N/1/AUS/C/3/Add.1 
 Page 19 
 
 
   
12  At the end of section 195AZC 
 
 Add:  
 (5) The Federal Magistrates Court has jurisd iction with respect to matters arising under 
this Part. 
 
13  After section 248M 
  Insert: 
 
248MA  Jurisdiction of Federal Magistrates Court 
 
  Jurisdiction is conferred on the Federal Magistrates Court with respect to actions 
under section 248J. 
 
14  Application 
 
(1) The amendments made by items 1, 2, 3,  4 and 5 apply to actions brought after the 
commencement of those items. 
 
(2) The amendments made by items 6, 11, 12 a nd 13 apply in relation to matters or actions 
instituted after the commencement of those items. 
 (3) The amendment made by item 7 applies to acts and omissions that take place after the 
commencement of that item. 
 (4) The amendment made by item 8 applies to prosecutions brought after the commencement of 
that item. 
 (5) The amendments made by items 9 and 10 apply in relation to pu blications after the 
commencement of those items. 
 
15  Review of operation of this Schedule 
 
(1) The Minister must cause a review of the ope ration of the amendments made by this Schedule 
to be carried out as soon as practicable after the fourth anniversary of the commencement of 
this Schedule. 
 (2) The Minister must cause a copy of the report of the review to be laid before each House of the 
Parliament within 15 sitting days of th at House after the report is completed. 
 
 
[Minister’s second reading speech made in— 
House of Representatives on 13 March 2002 
Senate on 10 December 2002 ] 
 
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