Document ID: chunk:federal_register_of_legislation:F2025C00029:reg:3:p1
Version: federal_register_of_legislation:F2025C00029
Segment Type: reg
Provision Reference: reg 3 (pt 1/4)
Character Range: 3557–6357

3  Interpretation
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) broadcast;
(b) cinematograph film;
(c) sound broadcast;
(d) sound recording;
(e) television broadcast;
(f) work.
 (1) In these Regulations:
amending Regulations means the Copyright (International Protection) Amendment Regulations 2003 (No. 1).
at a material time means:
 (a) in relation to, or in relation to the application of the Act in respect of, a work or subject matter other than a work that is unpublished:
 (i) at the time when the work or subject‑matter other than a work was made; or
 (ii) if the making of the work or subject‑matter other than a work extended over a period—over a substantial part of that period; and
 (b) in relation to, or in relation to the application of the Act in respect of, a work or subject‑matter other than a work that has been published—at the time when the work or subject‑matter other than a work was first published; and
 (c) in relation to a sound broadcast or a television broadcast—the time when that broadcast was made; and
 (d) in relation to a performance—the time when the performance was given.
Australian retransmission means a retransmission of a television broadcast:
 (a) over the Internet; and
 (b) made from a place in Australia.
Australian television broadcast means a television broadcast mentioned in section 91 of the Act.
Berne Convention country:
 (a) means a foreign country that is a party to the International Convention for the Protection of Literary and Artistic Works concluded at Berne on 9 September 1886 (the Berne Convention); and
 (b) if application of the Berne Convention is extended, in accordance with international law, to a territory (however described) of the foreign country—includes that territory.
Note 1: For information as to which countries are parties to the Berne Convention, see, for example, the World Intellectual Property Organization website at www.wipo.int.
Note 2: For the application of these Regulations, before the commencement of the amending Regulations, to a territory of a foreign country, see subregulation 3(4) before its repeal by the amending Regulations.
broadcaster, for an encoded broadcast, has the meaning given by section 135AL of the Act.
encoded broadcast has the meaning given by section 135AL of the Act.
foreign country means a country other than Australia.
foreign encoded broadcast: see subregulation 4(7C).
performance means a performance of a kind referred to in paragraph (a), (b), (c), (d) or (e) of the definition of performance in subsection 248A(1) of the Act but does not include a performance of a kind referred to in subsection 248A(2) of the Act.
relevant broadcaster, in relation to a sound broadcast or a television broadcast, means a person