Document ID: chunk:federal_register_of_legislation:F2024C00262:schedule:2:p4
Version: federal_register_of_legislation:F2024C00262
Segment Type: schedule
Provision Reference: sch 2 (pt 4/6)
Character Range: 176756–179592

a business in, Australia.

    *5. I agree to comply with the orders of a court having jurisdiction in a place in Australia where you are located and where an action for infringement of the copyright in the copyright material could be brought.

    6. I will accept service of process in any action for infringement of the copyright in the copyright material.

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

Name:

Address:

Telephone number:

Email address:

[signature]

User

* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: This counter‑notice must be given to the 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 26 of the Copyright Regulations 2017.
Note 3: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter‑notice—see section 39 of the Copyright Regulations 2017.
Note 4: As soon as practicable after the service provider receives this counter‑notice, the service provider must send a copy of it to the copyright owner, licensee or agent (who gave the notice of claimed infringement to which this counter‑notice responds), together with a notice stating that if the owner, licensee or agent does not, within 10 business days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the service provider will restore, or enable access to, the copyright material on its system or network—see section 27 of the Copyright Regulations 2017.
Note 5: Information that could identify a user who is an individual may be disclosed by the service provider in the copy of this counter‑notice or the notice referred to in Note 4 sent to the copyright owner, licensee or agent if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988. If the service provider is required by a court to disclose identifying information about a user who is an individual, the information must be disclosed.

Part 5—Form of counter‑notice in response to takedown of copyright material without notice from copyright owner, licensee or agent

Commonwealth of Australia

Copyright Regulations 2017

Counter‑notice in response to 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