Document ID: chunk:federal_register_of_legislation:C2024C00854:section:115a:p3
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 115A (pt 3/3)
Character Range: 339811–341532

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 online location is outside Australia
 (5A) For the purposes of the proceedings, the online location is presumed to be outside Australia, unless the contrary is established.

Affidavit evidence
 (6) For the purposes of the proceedings, section 134A (affidavit evidence) applies as if the reference in paragraph 134A(f) to a particular act included a reference to a class of acts.

Rescinding and varying injunctions
 (7) The Court may:
 (a) limit the duration of; or
 (b) upon application, rescind or vary;
an injunction granted under this section.
 (8) An application under subsection (7) may be made by:
 (a) any of the persons referred to in subsection (3); or
 (b) any other person prescribed by the regulations.
 (8A) An application under subsection (7) must not request the Court to vary the injunction so that it applies to an online search engine provider that is covered by a declaration under subsection (8B).

Declarations excluding online search engine providers
 (8B) The Minister may, by legislative instrument, declare that:
 (a) a particular online search engine provider; or
 (b) an online search engine provider that is a member of a particular class;
must not be specified in an application under subsection (1) or (7).

Costs
 (9) A carriage service provider or, if applicable, an online search engine provider is not liable for any costs in relation to the proceedings unless the provider enters an appearance and takes part in the proceedings.