Document ID: chunk:federal_register_of_legislation:C2024C00854:section:115a:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 115A (pt 2/3)
Character Range: 337272–340067

the copyright; and
 (b) the carriage service provider; and
 (ba) if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—the online search engine provider; and
 (c) the person who operates the online location if, but only if, that person makes an application to be joined as a party to the proceedings.

Service
 (4) The owner of the copyright must notify:
 (a) the carriage service provider; and
 (aa) if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—the online search engine provider; and
 (b) the person who operates the online location;
of the making of an application under subsection (1), but the Court may dispense, on such terms as it sees fit, with the notice required to be sent under paragraph (b) if the Court is satisfied that the owner of the copyright is unable, despite reasonable efforts, to determine the identity or address of the person who operates the online location, or to send notices to that person.

Matters to be taken into account
 (5) In determining whether to grant the injunction, the Court may take the following matters into account:
 (a) the flagrancy of the infringement, or the flagrancy of the facilitation of the infringement, as referred to in paragraph (1)(b);
 (b) whether the online location makes available or contains directories, indexes or categories of the means to infringe, or facilitate an infringement of, copyright;
 (c) whether the owner or operator of the online location demonstrates a disregard for copyright generally;
 (d) whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to copyright infringement;
 (e) whether disabling access to the online location is a proportionate response in the circumstances;
 (ea) if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—whether not providing search results that refer users to the online location is a proportionate response in the circumstances;
 (f) the impact on any person, or class of persons, likely to be affected by the grant of the injunction;
 (g) whether it is in the public interest to disable access to the online location;
 (ga) if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—whether it is in the public interest not to provide search results that refer users to the online location;
 (h) whether the owner of the copyright complied with subsection (4);
 (i) any other remedies available under this Act;
 (j) any other matter prescribed by the regulations;
 (k) any other relevant matter.

Presumption that the