Document ID: chunk:federal_register_of_legislation:F2024C00262:schedule:2:p3
Version: federal_register_of_legislation:F2024C00262
Segment Type: schedule
Provision Reference: sch 2 (pt 3/6)
Character Range: 174229–176988

sufficient—see section 25C of the Acts Interpretation Act 1901.
Note 2: 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 notice—see section 39 of the Copyright Regulations 2017.
Note 3: As soon as practicable after removing, or disabling access to, copyright material identified in this notice, the service provider to which this notice is given must send a copy of this notice to the user who directed the service provider to store the material on the service provider's system or network, along with a notice stating that the material has been removed, or access to it has been disabled, and that the user may give a counter‑notice within 3 months—see section 25 of the Copyright Regulations 2017.

Part 4—Form of counter‑notice in response to notice by copyright owner, licensee or agent of claimed infringement

Commonwealth of Australia

Copyright Regulations 2017

Counter‑notice in response to notice by copyright owner, licensee or agent of claimed infringement of copyright

To [name of service provider]

    1. Having received a copy of a notice of claimed infringement from you under section 25 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 26 of the Copyright Regulations 2017:

     [insert sufficient information to enable the service provider to identify:
           (a) the copyright material in respect of which the infringement is claimed; 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 the notice of claimed infringement was given 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]

     Omit the following paragraph if the user does NOT live in, or carry on a business in, Australia.

    *5. I agree to comply with the orders of a court having jurisdiction in the place in Australia where I live or undertake my business.

     Omit the following paragraph if the user lives in, or carries on 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