Document ID: chunk:federal_register_of_legislation:F2024C00262:schedule:2:p5
Version: federal_register_of_legislation:F2024C00262
Segment Type: schedule
Provision Reference: sch 2 (pt 5/6)
Character Range: 179330–182194

takedown of copyright material without notice from copyright owner, licensee or agent

To [name of service provider]

    1. Having received a notice from you under section 30 of the Copyright Regulations 2017 in relation to the following copyright material, I give this counter‑notice for the purposes of condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 31 of the Copyright Regulations 2017:

     [insert sufficient information to enable the service provider to identify:
           (a) the copyright material that has been removed, or to which access has been disabled; and
           (b) where on the service provider's system or network the copyright material was stored]

    2. I am the user who directed you to store the copyright material on your system or network.

    3. I believe, in good faith on the grounds set out in paragraph 4, that you have removed, or disabled access to, the copyright material because of *a mistake as to fact or law in relation to the copyright material/*a mistake in identifying the copyright material.

    4. The grounds for my belief in the statement in paragraph 3 are as follows:

     [state the grounds]

    5. I have taken reasonable steps to ensure that the information and statements in this counter‑notice are accurate.

Name:

Address:

Telephone number:

Email address:

[signature]

User

* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: This counter‑notice must be given to the designated representative of the service provider who is specified in the notice to which this counter‑notice relates within 3 months after the user receives that notice—see section 31 of the Copyright Regulations 2017.
Note 3: An action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter‑notice—see section 39 of the Copyright Regulations 2017.
Note 4: If the service provider is satisfied, on the basis of the information and statements in this counter‑notice, that the copyright material is not, or is not likely to be, infringing, the service provider must restore, or enable access to, the copyright material on its system or network—see section 32 of the Copyright Regulations 2017.

Part 6—Form of notice by owner, licensee or agent of claimed infringement by reference to infringing copyright material

Commonwealth of Australia

Copyright Regulations 2017

Notice by owner, licensee or agent of claimed infringement by reference to infringing copyright material

To [name of service provider]

    1. I give this notice for the purposes of condition 3 of item 5 of the table in subsection 116AH(1) of the Copyright Act 1968 and