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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Copyright
Amendment Bill 1997
No. ,
1997
(Attorney-General)
A
Bill for an Act to amend the Copyright Act 1968, and for related
purposes
9708320—1,019/16.6.1997—(83/97) Cat. No. 96
9166 9 ISBN 0644 504609
Contents
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act
1968 7copyah1.html
Copyright Act 1968 7copyah1.html
A Bill for an Act to amend the Copyright Act 1968,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Copyright Amendment Act
1997.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Part IX
Repeal the Part, substitute:
In this Part, unless the contrary intention appears:
act of false attribution has the meaning given by subsection
195AB(2).
artistic work means an artistic work in which copyright
subsists.
attributable act has the meaning given by subsection
192(2).
attributor has the meaning given by subsection
195AB(2).
author, in relation to a cinematograph film, means the maker
of the film.
cinematograph film means the complete and final version for
release of a cinematograph film in which copyright subsists.
deal means sell, let for hire, by way of trade offer or
expose for sale or hire, exhibit in public, or distribute and, in Division 3,
includes publish.
derogatory treatment has the relevant meaning given by
Division 4.
director, in relation to a cinematograph film, has a meaning
affected by section 190.
dramatic work means a dramatic work in which copyright
subsists.
infringing article means:
(a) a literary, dramatic, musical or artistic work or a reproduction of
such a work; or
(b) a cinematograph film or a copy of such a film;
in respect of which a moral right of the author has been
infringed.
literary work means a literary work in which copyright
subsists.
maker, in relation to a cinematograph film, means the
director of the film and the producer of the film.
moral right means:
(a) a right of attribution of authorship; or
(b) a right not to have authorship falsely attributed; or
(c) a right of integrity of authorship.
musical work means a musical work in which copyright
subsists.
name, in Division 3, includes a pseudonym, initials or a
monogram.
producer, in relation to a cinematograph film, has the
meaning given by section 190.
right not to have authorship falsely attributed has the
meaning given by Division 3.
right of attribution of authorship has the meaning given by
Division 2.
right of integrity of authorship has the meaning given by
Division 4.
transmit means:
(a) broadcast; or
(b) cause to be transmitted to subscribers to a diffusion
service.
work means a literary work, a dramatic work, a musical work,
an artistic work or a cinematograph film.
(1) A reference in this Part to the director of a cinematograph film in
the direction of which 2 or more individuals were involved is a reference to the
principal director of the film and does not include a reference to any
subsidiary director, whether described as an associate director, line director,
assistant director or in any other way.
(2) A reference in this Part to the producer of a cinematograph film is a
reference to:
(a) the individual who was the producer of the film; or
(b) if there were 2 or more individuals involved in the production of the
film—the individual who was the principal producer of the film;
and does not include a reference to any subsidiary producer, whether
described as an executive producer, associate producer, line producer, assistant
producer or in any other way.
Note: If there were 2 or more principal directors, or 2 or
more individuals who were the principal producers, of a cinematograph film,
section 195AZJ or 195AZK applies.
(3) If the producer of a cinematograph film was a body corporate, the only
moral rights in respect of the film are those of the director.
The moral rights of the author of a work are in addition to any other
rights in relation to the work that the author or anyone else has under this
Act.
(1) The author of a work has a right of attribution of authorship in
respect of the work.
(2) The author’s right is the right to be identified in accordance
with this Division as the author of the work if any of the acts (the
attributable acts) mentioned in section 193 are done in respect of
the work.
(1) If the work is a literary, dramatic or musical work, the
attributable acts are:
(a) to reproduce the work in a material form;
(b) to publish the work;
(c) to perform the work in public;
(d) to transmit the work;
(e) to make an adaptation of the work.
(2) If the work is an artistic work, the attributable acts
are:
(a) to reproduce the work in a material form;
(b) to publish the work;
(c) to exhibit the work to the public;
(d) to transmit the work.
(3) If the work is a cinematograph film, the attributable
acts are:
(a) to make a copy of the film;
(b) to exhibit the film in public;
(c) to transmit the film.
(1) Subject to subsection (2), the author of a work may be identified by
any reasonable form of identification.
(2) If:
(a) the author of a work has made known, either generally or to a person
who is required under this Part to identify the author, that the author wishes
to be identified in a particular way; and
(b) the identification of the author in that way is reasonable in the
circumstances;
the identification is to be made in that way.
An identification of the author of a work must be clear and reasonably
prominent.
When a literary, dramatic, musical or artistic work is reproduced in a
material form, an adaptation is made of a literary, dramatic or musical work, or
a copy of a cinematograph film is made, an identification of the author is taken
to be reasonably prominent if it is included on each reproduction of the work or
of the adaptation or on each copy of the film, as the case may be, in such a way
that a person acquiring the reproduction or copy will have notice of the
author’s identity.
(1) The author of a work has a right not to have authorship of the work
falsely attributed.
(2) The author’s right is the right not to have a person (the
attributor) do, in respect of the work, any of the acts (the
acts of false attribution) mentioned in the following provisions
of this Division.
If the work is a literary, dramatic or musical work, it is an act of
false attribution in relation to the author of the work:
(a) to insert or affix a person’s name in or on the work, or in or
on a reproduction of the work, in such a way as:
(i) to imply falsely that the person is the author or an author of the
work; or
(ii) to imply falsely that the work is an adaptation of a work of the
person;
(b) to deal with the work with a person’s name so inserted or
affixed, if the attributor knows that the person is not an author of the work or
that the work is not an adaptation of a work of the person, as the case may
be;
(c) to deal with a reproduction of the work, being a reproduction in or on
which a person’s name has been so inserted or affixed, if the attributor
knows that the person is not an author of the work or that the work is not an
adaptation of a work of the person, as the case may be;
(d) to perform in public or transmit the work as being a work of which a
person is the author or as being an adaptation of a work of a person, if the
attributor knows that the person is not an author of the work or that the work
is not an adaptation of the work of the person, as the case may be.
(1) This section applies if the work is an artistic work.
(2) It is an act of false attribution in relation to the author of the
work:
(a) to insert or affix a person’s name in or on the work, or a
reproduction of the work, or to use a person’s name in connection with the
work, or a reproduction of the work, in such a way as to imply falsely that the
person is an author of the work;
(b) to deal with the work with a person’s name so inserted or
affixed, if the attributor knows that the person is not an author of the
work;
(c) to deal with a reproduction of the work, being a reproduction in or on
which a person’s name has been so inserted or affixed, if the attributor
knows that the person is not an author of the work;
(d) to transmit the work as being a work of which a person is the author,
if the attributor knows that the person is not an author of the work.
(1) This section applies if the work is a cinematograph film.
(2) It is an act of false attribution in relation to the director of the
film:
(a) to insert or affix a person’s name on the film or a copy of the
film in such a way as to imply falsely that the person is the director of the
film;
(b) to deal with the film or a copy of the film if a person’s name
has been so inserted or affixed on the film or a copy, as the case may be, and
the attributor knows that the person is not the director of the film;
(c) to transmit the film, as being a film of which a person is the
director, if the attributor knows that the person is not the director of the
film.
(3) It is an act of false attribution in relation to the producer of the
film:
(a) to insert or affix a person’s name on the film or a copy of the
film in such a way as to imply falsely that the person is the producer of the
film;
(b) to deal with the film or a copy of the film if a person’s name
has been so inserted or affixed on the film or copy, as the case may be, and the
attributor knows that the person is not the producer of the film;
(c) to transmit the film, as being a film of which a person is the
producer, if the attributor knows that the person is not the producer of the
film.
(1) If the work is a literary, dramatic, musical or artistic work that has
been altered by a person other than the author of the work, it is an act of
false attribution in relation to the author of the work:
(a) to deal with the work as so altered, as being the unaltered work of
the author; or
(b) to deal with a reproduction of the work as so altered, as being a
reproduction of the unaltered work of the author;
if, to the knowledge of the attributor, it is not the unaltered work or a
reproduction of the unaltered work, as the case may be, of the author.
(2) Subsection (1) does not apply if the alteration:
(a) was of a minor or insubstantial nature; or
(b) was required by law to be made or was otherwise necessary to avoid a
breach of any law.
(1) If the work is a cinematograph film that has been altered by a person
other than the director or producer of the film, it is an act of false
attribution in relation to the director, and in relation to the producer, of the
film to deal with a copy of the film as so altered, as being a copy of the
unaltered film, if, to the knowledge of the attributor, the copy of the film is
not a copy of the unaltered film.
(2) Subsection
(1) does not apply if the alteration:
(a) was of a minor or insubstantial nature; or
(b) was required by law to be made or was otherwise necessary to avoid a
breach of any law.
(1) The author of a work has a right of integrity of authorship in respect
of the work.
(2) The author’s right is the right not to have the work subjected
to derogatory treatment.
In this Part:
derogatory treatment, in relation to a literary, dramatic or
musical work, means:
(a) the doing, in relation to the work, of anything that results in a
material distortion of, the mutilation of, or a material alteration to, the work
that is prejudicial to the author’s honour or reputation; or
(b) the doing of anything else in relation to the work that is prejudicial
to the author’s honour or reputation.
In this Part:
derogatory treatment, in relation to an artistic work,
means:
(a) the doing, in relation to the work, of anything that results in a
material distortion of, the destruction or mutilation of, or a material
alteration to, the work that is prejudicial to the author’s honour or
reputation; or
(b) an exhibition in public of the work, or of a reproduction of the work,
that is prejudicial to the author’s honour or reputation because of the
manner or place in which the exhibition occurs; or
(c) the doing of anything else in relation to the work that is prejudicial
to the author’s honour or reputation.
In this Part:
derogatory treatment, in relation to a cinematograph film,
means:
(a) the doing, in relation to the film, of anything that results in a
material distortion of, the mutilation of, or a material alteration to, the film
that is prejudicial to the maker’s honour or reputation; or
(b) the doing of anything else in relation to the film that is prejudicial
to the honour or reputation of the maker of the film.
The moral rights in respect of a work continue in force until copyright
ceases to subsist in the work.
(1) If the author of the work dies or his or her affairs are lawfully
administered by another person, the author’s moral rights in respect of
the work may be exercised and enforced by his or her legal personal
representative or by the person administering his or her affairs, as the case
may be.
(2) Subject to subsection (1), a moral right in respect of a work is not
transmissible by assignment, by will, or by devolution by operation of
law.
Subject to this Division, a person infringes an author’s right of
attribution of authorship in respect of a work if the person does an
attributable act in respect of the work without identifying the author in
accordance with Division 2 as the author of the work.
Subject to this Division, a person infringes an author’s right not
to have authorship of a work falsely attributed if the person does an act of
false attribution in respect of the work.
(1) This section has effect subject to this Division.
(2) A person infringes an author’s right of integrity of authorship
in respect of a work if the person subjects the work to derogatory
treatment.
(3) If a literary, dramatic or musical work has been subjected to
derogatory treatment that infringes the author’s right of integrity of
authorship in respect of the work, a person infringes the author’s right
of integrity of authorship in respect of the work if the person does any of the
following in respect of the derogatorily treated work:
(a) reproduces it in a material form;
(b) publishes it;
(c) performs it in public;
(d) transmits it;
(e) makes an adaptation of it.
(4) If an artistic work has been subjected to derogatory treatment of a
kind mentioned in paragraph (a) of the definition of derogatory
treatment in section 195AJ that infringes the author’s right of
integrity of authorship in respect of the work, a person infringes the
author’s right of integrity of authorship in respect of the work if the
person does any of the following in respect of the derogatorily treated
work:
(a) reproduces it in a material form;
(b) publishes it;
(c) transmits it.
(5) If a cinematograph film has been subjected to derogatory treatment
that infringes the author’s right of integrity of authorship in respect of
the film, a person infringes the author’s right of integrity of authorship
in respect of the film if the person does any of the following in respect of the
derogatorily treated film:
(a) makes a copy of it;
(b) exhibits it;
(c) transmits it.
(1) A person who does an attributable act in respect of a work does not,
by failing to identify the author of the work, infringe the author’s right
of attribution of authorship in respect of the work if the person establishes
that it was reasonable in all the circumstances not to identify the
author.
(2) The matters to be taken into account in determining for the purposes
of subsection (1) whether it was reasonable in particular circumstances not to
identify the author of a literary, dramatic, musical or artistic work include
the following:
(a) the nature of the work;
(b) the purpose for which the work is used;
(c) the manner in which the work is used;
(d) the context in which the work is used;
(e) any practice, in the industry in which the work is used, that is
relevant to the work or the use of the work;
(f) any difficulty or expense that would be incurred as a result of
identifying the author;
(g) whether the work was made in the course of the author’s
employment.
(3) The matters to be taken into account in determining for the purposes
of subsection (1) whether it was reasonable in particular circumstances not to
identify the maker of a cinematograph film include the following:
(a) the nature of the film;
(b) whether the primary purpose for which the film was made was for
exhibition at cinemas, for broadcasting by television or for some other
purpose;
(c) the purpose for which the film is used;
(d) the manner in which the film is used;
(e) the context in which the film is used;
(f) any practice, in the industry in which the film is used, that is
relevant to the film or the use of the film;
(g) any difficulty or expense that would be incurred as a result of
identifying the maker;
(h) whether the film was made in the course of the employment of the
director or producer.
(1) A person does not, by subjecting a work to derogatory treatment,
infringe the author’s right of integrity of authorship in respect of the
work if the person establishes that it was reasonable in all the circumstances
to subject the work to the treatment.
(2) The matters to be taken into account in determining for the purposes
of subsection (1) whether it was reasonable in particular circumstances to
subject a literary, dramatic, musical or artistic work to derogatory treatment
include the following:
(a) the nature of the work;
(b) the purpose for which the work is used;
(c) the manner in which the work is used;
(d) the context in which the work is used;
(e) any practice, in the industry in which the work is used, that is
relevant to the work or the use of the work;
(f) whether the work was made in the course of the author’s
employment;
(g) whether the treatment was required by law or was otherwise necessary
to avoid a breach of any law.
(3) The matters to be taken into account in determining for the purposes
of subsection (1) whether it was reasonable in particular circumstances to
subject a cinematograph film to derogatory treatment include the
following:
(a) the nature of the film;
(b) whether the primary purpose for which the film was made was for
exhibition at cinemas, for broadcasting by television or for some other
use;
(c) the purpose for which the film is used;
(d) the manner in which the film is used;
(e) the context in which the film is used;
(f) any practice, in the industry in which the film is used, that is
relevant to the film or the use of the film;
(g) whether the film was made in the course of the employment of the
director or producer who alleges that the treatment was derogatory;
(h) whether the treatment was required by law or was otherwise necessary
to avoid a breach of any law.
(4) A person who does any act referred to in subsection 195AP(3), (4) or
(5) in respect of a work that has been subjected to derogatory treatment of a
kind mentioned in that subsection does not, by doing that act, infringe the
author’s right of integrity of authorship in respect of the work if the
person establishes that it was reasonable in all the circumstances to do that
act.
(1) The destruction of a moveable artistic work is not an infringement of
the author’s right of integrity of authorship in respect of the work if
the person who destroyed the work gave the author a reasonable opportunity to
remove the work from the place where it was situated.
(2) A change in a structure containing an artistic work is not an
infringement of the author’s right of integrity of authorship in respect
of the work.
(3) Anything done in good faith to restore or preserve an artistic work is
not, by that act alone, an infringement of the author’s right of integrity
of authorship in respect of the work.
(1) An author’s moral right in respect of a work is infringed by a
person who imports an article into Australia for the purpose of dealing with the
article if the importer knew, or ought reasonably to have known, that, if the
article had been made in Australia, it would have been an infringing
article.
(2) In subsection (1):
dealing with does not include distributing except where the
proposed distribution is for the purposes of sale.
(1) An author’s moral right in respect of a work is infringed by a
person who, in Australia, deals with an article if the person knew, or ought
reasonably to have known, that the article was an infringing article or, in
respect of an imported article, would, if it had been made in Australia, have
been an infringing article.
(2) In subsection (1):
deals with does not include distributes, except where the
distribution is for the purposes of sale.
(1) It is not an infringement of a moral right of an author in respect of
a work to do, or omit to do, something if the author has consented in writing to
the act or omission.
(2) This section does not apply to a moral right that the author has
waived under section 195AZG.
It is not an infringement of an author’s moral right in respect of
a work to do, or omit to do, something outside Australia.
(1) In this Division:
action means a proceeding of a civil nature between parties,
and includes a counterclaim.
(2) In the application of this Division in relation to a counterclaim,
references to the defendant are taken to be references to the
plaintiff.
If a person infringes any of the moral rights of an author in respect of
a work, the infringement is not an offence but the author or the author’s
legal personal representative may bring an action in respect of the
infringement.
(1) Subject to section 203, the relief that a court may grant in an action
for an infringement of any of an author’s moral rights in respect of a
work includes any one or more of the following:
(a) an injunction (subject to any terms that the court thinks fit);
(b) damages for loss resulting from the infringement;
(c) a declaration that a moral right of the author has been
infringed;
(d) an order that the defendant make a public apology for the
infringement;
(e) an order that any false attribution of authorship, or derogatory
treatment, of the work be removed or reversed.
(2) In exercising its discretion as to the appropriate relief to be
granted, the court may take into account any of the following:
(a) whether the defendant was aware, or ought reasonably to have been
aware, of the author’s moral rights;
(b) the extent of any damage to the work;
(c) the number, and categories, of people who have seen or heard the
work;
(d) anything done by the defendant to mitigate the effects of the
infringement;
(e) if the moral right that was infringed was a right of attribution of
authorship—any cost or difficulty associated with identifying the
author;
(f) any cost or difficulty in removing or reversing any false attribution
of authorship, or derogatory treatment, of the work.
(3) If, in respect of an act done after the death of an author of a work,
damages are recovered under this section by the legal personal representative of
the author, those damages devolve as if they formed part of the author’s
estate and as if the right of action in respect of the doing of the act had
subsisted, and had been vested in the author, immediately before his or her
death.
(1) Subject to this section, this Part does not affect any right of action
or other remedy, whether civil or criminal, in proceedings brought otherwise
than under this Part.
(2) Any damages recovered in proceedings brought under this Part are to be
taken into account in assessing damages in proceedings brought otherwise than
under this Part and arising out of the same operation or transaction.
(3) Any damages recovered in proceedings brought otherwise than under this
Part are to be taken into account in proceedings brought under this Part and
arising out of the same operation or transaction.
(1) The jurisdiction of the Supreme Court of a State or Territory in a
matter arising under this Part is to be exercised by a single Judge of the
Court.
(2) Subject to subsection (3), a decision of a court of a State or
Territory (however constituted) under this Part is final.
(3) An appeal lies from a decision of a court of a State or Territory
under this Part:
(a) to the Federal Court of Australia; or
(b) by special leave of the High Court, to the High Court.
(4) The Federal Court of Australia has jurisdiction with respect to
matters arising under this Part.
In an action brought under this Part for an infringement of a moral right
in respect of a work, copyright is presumed to subsist in the work if the
defendant does not put in issue the question whether copyright subsists in the
work.
In an action brought under this Part for an infringement of a moral right
in respect of a work, if copyright is presumed or proved to subsist in the work,
the moral right is presumed to subsist in respect of the work unless it is
established that the moral right has been waived by the author and the waiver
applied for the benefit of the person against whom the action was
brought.
(1) Section 127 applies in respect of an action brought under this
Part.
(2) If a name purporting to be the name of the director or producer of a
cinematograph film appeared on copies of the film that were issued when the film
was made then, in an action brought under this Part, the person whose name so
appeared is, if it was his or her true name or a name by which he or she was
commonly known, presumed, unless the contrary is established, to be the director
or producer, as the case may be, of the film.
Sections 128 and 129 apply in respect of an action brought under this
Part.
(1) Subject to this section, a person may, by writing, waive all or any of
his or her moral rights, either for the benefit of everyone or for the benefit
of a particular person or persons or a particular class of persons.
(2) Subject to subsection (3), a waiver can relate only to a specific work
or works that exist when the waiver takes place.
(3) A waiver may relate to future works that are made in the course of
employment.
(4) A waiver may be unconditional or subject to conditions.
(5) A waiver that is made for the benefit of the owner or prospective
owner of copyright in the work or works to which it relates is presumed, unless
the contrary intention appears in the instrument of waiver, to extend to his or
her licensees and successors in title and to any persons who are authorised by
the owner or prospective owner, or such a licensee or successor in title, to do
acts comprised in the copyright.
(6) An assignment of copyright in a work does not, by that act alone,
constitute a waiver of a moral right in respect of the work.
Moral rights in respect of a work apply in relation to a whole or a
substantial part of the work.
(1) This section applies to a literary, dramatic, musical or artistic work
that is a work of joint authorship.
(2) The right of attribution of authorship in respect of the work is a
right of each joint author to be identified as a joint author.
(3) An act of false attribution in respect of the work infringes the right
of each joint author not to have authorship of the work falsely
attributed.
(4) The right of integrity of authorship in respect of the work is a right
of each joint author.
(5) The consent of one joint author to any act or omission affecting his
or her moral rights in respect of the work does not affect the moral rights of
the other joint author or other joint authors in respect of the work.
(6) A waiver by one joint author of any of his or her moral rights in
respect of the work does not affect the moral rights of the other joint author
or other joint authors in respect of the work.
(1) This section applies to a cinematograph film that has more than one
principal director.
(2) The director’s right of attribution of authorship in respect of
the film is a right of each director to be identified as a director.
(3) An act of false attribution in respect of the direction of the film
infringes the right of each director not to have the direction of the film
falsely attributed.
(4) The director’s right of integrity of authorship in respect of
the film is a right of each director.
(5) The consent of one director to any act or omission affecting his or
her moral rights in respect of the film does not affect the moral rights of the
other director or other directors in respect of the film.
(6) A waiver by one director of any of his or her moral rights in respect
of the film does not affect the moral rights of the other director or other
directors in respect of the film.
(1) This section applies to a cinematograph film of which more than one
individual is the principal producer.
(2) The producer’s right of attribution of authorship in respect of
the film is a right of each producer to be identified as a producer.
(3) An act of false attribution in respect of the production of the film
infringes the right of each producer not to have the production of the film
falsely attributed.
(4) The producer’s right of integrity of authorship in respect of
the film is a right of each producer.
(5) The consent of one producer to any act or omission affecting his or
her moral rights in respect of the film does not affect the moral rights of the
other producer or other producers in respect of the film.
(6) A waiver by one producer of any of his or her moral rights in respect
of the film does not affect the moral rights of the other producer or other
producers in respect of the film.
This Part applies in accordance with its terms in relation to works
existing at the commencement of this Part in the same way as it applies in
relation to works coming into existence after that commencement.
2 Section 238
Repeal the section, substitute:
(1) Paragraphs 195AC(b) and (c) and 195AD(2)(b) and (c) apply even though
the name referred to in the paragraph concerned was inserted or affixed before
the commencement of Part IX.
(2) Subject to subsection (1), Part IX does not apply in relation to acts
done before the commencement of that Part.
(3) In this section:
name includes a pseudonym, initials or a monogram.
3 Application
Part IX of the Copyright Act 1968 as in force immediately before the
commencement of this Schedule continues to apply, subject to section 238 of that
Act as in force immediately before that commencement, in relation to acts done
in respect of a literary, dramatic, musical or artistic work before that
commencement.
1 Subsection 35(4)
Repeal the subsection, substitute:
(4) If a literary, dramatic or artistic work:
(a) is made by the author under the terms of his or her employment by the
proprietor of a newspaper, magazine or similar periodical under a contract of
service or apprenticeship; and
(b) is so made for the purpose of inclusion in a newspaper, magazine or
similar periodical;
the following paragraphs apply:
(c) the author is the owner of the copyright only in so far as the
copyright relates to:
(i) reproduction of the work for the purpose of inclusion in a book;
or
(ii) reproduction of the work in the form of a hard copy facsimile (other
than a hard copy facsimile made as part of a process of transmission) made from
a paper edition of, or from another hard copy facsimile made from a paper
edition of, an issue of the newspaper, magazine or similar periodical, but not
including reproduction by the proprietor for a purpose connected with the
publication of the newspaper, magazine or similar periodical;
(d) except as provided by paragraph (c), the proprietor is the owner of
the copyright.
Note: The proprietor may be entitled under section 35A to
restrain a reproduction of a part of the newspaper, magazine or similar
periodical containing the work even though the proprietor is not the owner of
copyright in the work.
2 At the end of section 35
Add:
(7) In this section:
hard copy facsimile, in relation to a literary, dramatic or
artistic work, means a facsimile which is in a material form and from which the
work is visible to a human being without the use of any device.
3 At the end of Division 1 of Part
III
Add:
(1) Subject to this section, the proprietor of a newspaper, magazine or
similar periodical is entitled to restrain a person from making any reproduction
of the whole or part of an issue of the newspaper, magazine or similar
periodical if:
(a) the reproduction would consist of or include the whole or part of one
or more literary, dramatic or artistic works in which copyright subsists;
and
(b) subparagraph 35(4)(c)(ii) would apply to the copyright in the work or
works in relation to the reproduction; and
(c) the works, or parts of works, to the extent to which they would be
contained in the reproduction, would be 15% or more of the issue other than
pages of the issue that contain only advertising matter.
(2) In determining whether a page of an issue contains only advertising
matter, any matter that is of a formal nature (such as the name of the
newspaper, magazine or periodical, the date on which the issue is published or a
number identifying the page) is to be disregarded.
(3) Subsection (1) does not apply to a proposed reproduction of the whole
or part of a work if the reproduction of the work or of the part of the work, as
the case may be, without the licence of the owner of the copyright in the work
would not be an infringement of that copyright.
(4) The operation of subsection (1) in respect of a proposed reproduction
of the whole or part of a work may be excluded or modified by
agreement.
(5) For the purposes of this section, all the hard copy facsimiles of the
whole or part of one or more literary, dramatic or artistic works that are
contained in an issue of a newspaper, magazine or similar periodical and are
made by someone for a particular person are together taken to constitute a
single reproduction of works or parts of works contained in the issue.
(6) In this section:
hard copy facsimile, in relation to a literary, dramatic or
artistic work or a part of such a work, means a facsimile which is in a material
form and from which the work or part of the work is visible to a human being
without the use of any device.
4 Application
The amendments made by this Schedule apply only in relation to works made
after the commencement of this Schedule.
Note: Subsection 22(1) of the Copyright Act 1968
specifies when a work is made.
1 Subsection 10(1) (definition of infringing
copy)
Omit all the words after “importer,”, substitute:
but does not include:
(f) a non-infringing book whose importation does not constitute an
infringement of that copyright; or
(g) a non-infringing accessory whose importation does not constitute an
infringement of that copyright.
2 Subsection 10(1)
Insert:
accessory, in relation to an article, means one or more of
the following:
(a) a label affixed to, displayed on, incorporated into the surface of, or
accompanying, the article;
(b) the packaging or container in which the article is packaged or
contained;
(c) a label affixed to, displayed on, incorporated into the surface of, or
accompanying, the packaging or container in which the article is packaged or
contained;
(d) a written instruction, warranty or other information provided with the
article;
(e) a record embodying a sound recording, or a copy of a cinematograph
film, provided with the article, where the recording or film is reasonably
related to the performance or use of the article;
but does not include a manual sold with computer software for use in
connection with that software.
3 Subsection 10(1)
Insert:
non-infringing accessory means an accessory made in a country
that is declared by the regulations to be a member of the World Trade
Organisation where:
(a) the making of any copy of a work, or any reproduction of a published
edition of a work, that is on, or is embodied in, the accessory; or
(b) the making of any record embodying a sound recording, or any copy of a
cinematograph film, that is the accessory;
was authorised by the owner of the copyright in that country in the work,
edition, recording or film, as the case may be.
4 Section 37
Omit “section 44A”, substitute “Division
3”.
5 At the end of section 37
Add:
(2) In relation to an accessory to an article that is or includes a copy
of a work, being a copy that was made without the licence of the owner of the
copyright in the work in the country in which the copy was made, subsection (1)
has effect as if the words “the importer knew, or ought reasonably to have
known, that” were omitted.
6 Subsection 38(1)
Omit “section 44A”, substitute “Division
3”.
7 At the end of Division 3 of Part
III
Add:
(1) The copyright in a work a copy of which is on, or embodied in, a
non-infringing accessory to an article is not infringed by importing the
accessory with the article.
(2) Section 38 does not apply to a copy of a work, being a copy that is
on, or embodied in, a non-infringing accessory to an article, if the importation
of the accessory is not an infringement of copyright in the work.
8 Section 102
Omit “section 112A”, substitute “sections 112A and
112C”.
9 At the end of section 102
Add:
(2) In relation to an accessory to an article that is or includes a copy
of subject-matter in which copyright subsists by virtue of this Part, being a
copy that was made without the licence of the owner of the copyright in the
country in which the copy was made, subsection (1) has effect as if the words
“the importer knew, or ought reasonably to have known, that” were
omitted.
10 Subsection 103(1)
Omit “section 112A”, substitute “sections 112A and
112C”.
11 At the end of Division 6 of Part
IV
Add:
(1) The copyright in:
(a) a published edition of a work a reproduction of which is on, or
embodied in, a non-infringing accessory to an article; or
(b) a cinematograph film a copy of which is a non-infringing accessory to
an article; or
(c) a sound recording a record of which is a non-infringing accessory to
an article;
is not infringed by importing the accessory with the article.
(2) Section 103 does not apply to:
(a) a reproduction of a published edition of a work, being a reproduction
that is on, or embodied in, a non-infringing accessory to an article;
or
(b) a copy of a cinematograph film, being a copy that is a non-infringing
accessory to an article; or
(c) a record embodying a sound recording, being a record that is a
non-infringing accessory to an article;
if the importation of the accessory is not an infringement of copyright in
the edition, film or recording, as the case may be.
1 Subsection 10(1)
Insert:
device includes a plate.
2 Subsection 116(1)
Repeal the subsection, substitute:
(1) The owner of the copyright in a work or other subject-matter may bring
an action for conversion or detention in relation to:
(a) an infringing copy; or
(b) a device used or intended to be used for making infringing
copies.
(1A) In an action for conversion or detention, a court may grant to the
owner of the copyright all or any of the remedies that are available in such an
action as if:
(a) the owner of the copyright had been the owner of the infringing copy
since the time the copy was made; or
(b) the owner of the copyright had been the owner of the device since the
time when it was used or intended to be used for making infringing
copies.
(1B) Any relief granted by a court in an action for conversion or
detention is in addition to any relief that the court may grant under section
115.
(1C) A court is not to grant any relief to the owner of the copyright in
an action for conversion or detention if the relief that the court has granted
or proposes to grant under section 115 is, in the opinion of the court, a
sufficient remedy.
(1D) In deciding whether to grant relief in an action for conversion or
detention and in assessing the amount of damages payable, the court may have
regard to the following:
(a) the expenses incurred by the defendant, being a person who marketed or
otherwise dealt with the infringing copy, in manufacturing or acquiring the
infringing copy;
(b) whether the expenses were incurred before or after the infringing copy
was sold or otherwise disposed of by the defendant;
(c) any other matter that the court considers relevant.
(1E) If the infringing copy is an article of which only part consists of
material that infringes copyright, the court, in deciding whether to grant
relief and in assessing the amount of damages payable, may also have regard to
the following:
(a) the importance to the market value of the article of the material that
infringes the copyright;
(b) the proportion the material that infringes copyright bears to the
article;
(c) the extent to which the material that infringes copyright may be
separated from the article.
3 Paragraph 116(2)(c)
Omit “plate”, substitute “device”.
4 Application
The amendments made by items 1, 2 and 3 do not apply to an action for
conversion or detention brought before the commencement of this
Schedule.
1 At the beginning of Division 3 of Part
VI
Insert:
In this Division:
copyright material, government and government
copy have the same meanings as in Division 2 of Part VII.
2 After section 153D
Insert:
(1) The parties to an application to the Tribunal under subsection 183(5)
for the fixing of the terms for the doing of an act comprised in a copyright
where the act is done for the services of the Commonwealth or a State
are:
(a) the Commonwealth or the State, as the case may be; and
(b) the owner of the copyright.
(2) If an application is made to the Tribunal under subsection 183(5), the
Tribunal is to consider the application and, after giving the parties to the
application an opportunity of presenting their cases, is to make an order fixing
the terms for the doing of the act.
(1) A company limited by guarantee may apply to the Tribunal for a
declaration that the company be a collecting society for the purposes of
Division 2 of Part VII.
(2) The parties to the application are the applicant and any person made a
party by the Tribunal.
(3) The Tribunal may make a person a party if:
(a) the person asks to be made a party; and
(b) the Tribunal thinks that the person has a sufficient interest in
either or both of the following questions:
(i) whether the applicant should be declared to be a collecting
society;
(ii) whether any current declaration of a company as a collecting society
should be revoked.
(4) After giving each party an opportunity of presenting its case, the
Tribunal must:
(a) declare the applicant to be a collecting society for the purposes of
Division 2 of Part VII; or
(b) reject the application.
(5) A declaration of a company as a collecting society for the purposes of
Division 2 of Part VII may be a declaration in relation to:
(a) all government copies; or
(b) a specified class of government copies.
(6) The Tribunal may only declare the applicant to be a collecting society
if the Tribunal is satisfied:
(a) that the applicant is a company limited by guarantee incorporated
under a law in force in a State or Territory relating to companies;
and
(b) in the case of an application for a declaration in relation to all
government copies, that the applicant’s rules permit the owner, or the
agent of the owner, of the copyright in any copyright material to become a
member; and
(c) in the case of an application for a declaration in relation to a class
of government copies, that the applicant’s rules permit the owner, or the
agent of the owner, of the copyright in any copyright material a reproduction of
which in accordance with section 183 would be within that class to become a
member; and
(d) that the applicant’s rules prohibit the payment of dividends to
its members; and
(e) that the applicant’s rules contain such provisions about all of
the following matters as are adequate for the protection of its
members:
(i) the collection of remuneration payable under section 183A;
(ii) the payment of administrative costs of the collecting society out of
remuneration it collects;
(iii) the distribution of remuneration the collecting society
collects;
(iv) the collecting society holding on trust remuneration for owners of
copyright in copyright material who are not members of the society;
(v) access to the collecting society’s records by its members;
and
(f) that the applicant’s rules contain such other provisions as are
required by the regulations to be included for the protection of members of the
society.
(7) A declaration must specify the day on which it takes effect.
(8) If the Tribunal makes a declaration under this section, the Secretary
to the Tribunal must publish the declaration in the Gazette.
(1) Any of the following persons may apply to the Tribunal for the
revocation of a declaration under section 153F:
(a) the collecting society;
(b) a member of the collecting society;
(c) a government.
(2) The parties to an application are:
(a) the applicant for revocation of the declaration; and
(b) if the collecting society is not the applicant for revocation of the
declaration—the collecting society; and
(c) any person made a party by the Tribunal.
(3) The Tribunal may make a person a party if:
(a) the person asks to be made a party; and
(b) the Tribunal thinks that the person has a sufficient interest in the
question whether the declaration of the collecting society should be
revoked.
(4) After giving each party an opportunity of presenting its case, the
Tribunal must:
(a) revoke the declaration of the collecting society; or
(b) reject the application.
(5) The Tribunal may only revoke the declaration of a company as the
collecting society if the Tribunal is satisfied that the company:
(a) is not functioning adequately as the collecting society; or
(b) is not acting in accordance with its rules or in the best interests of
its members who own copyright in copyright material or who are agents of
copyright owners; or
(c) has altered its rules so that they no longer comply with any one or
more of paragraphs 153F(6)(b) to (f); or
(d) has contravened section 183D or 183E (dealing with reporting and
accounting, and alteration of rules).
(6) A revocation must specify the day on which it takes effect.
(7) If the Tribunal revokes the declaration of the collecting society, the
Secretary to the Tribunal must publish notice of the revocation in the
Gazette.
(1) The Tribunal must make its decision on an application under section
153F or 153G within 6 months after the conclusion of the hearing of the
application.
(2) The 6 months time limit in subsection (1) does not apply if the
Tribunal thinks that the matter cannot be dealt with properly within that period
of 6 months, whether because of its complexity or because of other special
circumstances.
(3) If subsection (2) applies, the Tribunal must tell the applicant before
the end of the 6 months period that the matter cannot be dealt with properly
within that period.
(1) If:
(a) a declaration (the previous declaration) is in force
under section 153F; and
(b) the Tribunal, under that section, declares another company to be the
collecting society for the purposes of Division 2 of Part VII in relation to a
class of government copies that includes some of the government copies to which
the previous declaration relates;
the Tribunal must amend the previous declaration so as to exclude from the
government copies to which it relates all government copies to which the
declaration of the company referred to in paragraph (b) relates.
(2) An amendment of a declaration under subsection (1) takes effect when
the declaration of the company referred to in paragraph (1)(b) takes
effect.
(3) If:
(a) a declaration (the previous declaration) is in force
under section 153F; and
(b) the Tribunal makes another declaration under that section in relation
to:
(i) all government copies; or
(ii) a class of government copies that includes all government copies to
which the previous declaration relates;
the Tribunal must revoke the previous declaration.
(4) The revocation of a declaration under subsection (3) takes effect when
the declaration referred to in paragraph (3)(b) takes effect.
(5) The Secretary to the Tribunal must publish in the Gazette
notice of an amendment or revocation made under this section.
(1) A collecting society or a government may apply to the Tribunal for an
order determining the method for working out remuneration payable under
subsection 183A(2) for government copies made for the services of the government
in a particular period.
(2) The parties to an application are the collecting society and the
government.
(3) After giving each party an opportunity of presenting its case, the
Tribunal must make an order determining the method.
Note: Subsection 183A(3) sets out matters that the method
must provide for. Subsection 183A(4) sets out matters that the method may
provide for.
(4) An order may also specify how and when payments of the amount worked
out using the method determined are to be made.
3 After the heading to Part
VII
Insert:
4 After section 182A
Insert:
(1) Subject to subsection (2), in this Division:
collecting society means a company in respect of which a
declaration is in force under section 153F.
copyright material means:
(a) a work; or
(b) a published edition of a work; or
(c) a sound recording; or
(d) a cinematograph film; or
(e) a television or sound broadcast; or
(f) a work that is included in a sound recording, a cinematograph film or
a television or sound broadcast.
government means the Commonwealth or a State.
Note: State includes the Australian Capital Territory, the
Northern Territory and Norfolk Island: see paragraph 10(3)(n), as modified by
the A.C.T. Self-Government (Consequential Provisions) Regulations (Amendment)
(Statutory Rules 1989 No. 392).
government copy means a reproduction in a material form of
copyright material made under subsection 183(1).
(2) A reference in subsection (1) to a work does not include a reference
to a literary work that consists of a computer program or a compilation of
computer programs.
A company is the relevant collecting society in relation to a government
copy if there is in force, under Division 3 of Part VI, a declaration of the
company as the collecting society for the purposes of this Division in relation
to:
(a) all government copies; or
(b) a class of government copies that includes the first-mentioned
government copy.
5 At the end of Part VII
Add:
(1) Subsections 183(4) and (5) do not apply in relation to a government
copy (whenever it was made) if a company is the relevant collecting society for
the purposes of this Division in relation to the copy and the company has not
ceased operating as that collecting society.
(2) If subsection 183(5) does not apply to government copies made in a
particular period for the services of a government, the government must pay the
relevant collecting society in relation to those copies (other than excluded
copies) equitable remuneration worked out for that period using a
method:
(a) agreed on by the collecting society and the government; or
(b) if there is no agreement—determined by the Tribunal under
section 153K.
(3) The method of working out equitable remuneration payable to a
collecting society in respect of government copies (other than excluded copies)
for a period must:
(a) take into account the estimated number of those copies made for the
services of the government during the period, being copies in relation to which
the society is the relevant collecting society; and
(b) specify the sampling system to be used for estimating the number of
copies for the purposes of paragraph (a).
(4) The method of working out the equitable remuneration payable may
provide for different treatment of different kinds or classes of government
copies.
(5) Subsections (3) and (4) apply whether the method is agreed on by the
collecting society and the government or is determined by the
Tribunal.
(6) In this section:
excluded copies means government copies in respect of which
it appears to the government concerned that it would be contrary to the public
interest to disclose information about the making of the copies.
(1) Equitable remuneration payable to a collecting society under
subsection 183A(2) must be paid:
(a) in the manner, and at the times, agreed on by the collecting society
and the government; or
(b) if the Tribunal has made an order under subsection 153K(3) specifying
how and when payments are to be made—in the manner, and at the times,
specified in the order.
(2) If equitable remuneration is not paid in accordance with the agreement
or the Tribunal’s order, the collecting society may recover the
remuneration as a debt due to the society in a court of competent
jurisdiction.
(1) This section applies if the method of working out equitable
remuneration payable under subsection 183A(2) for government copies made for the
services of a government has been agreed on by the government and the relevant
collecting society or has been determined by the Tribunal.
(2) The collecting society may give written notice to the government that
the society wishes to carry out sampling in accordance with the method during a
specified period at specified premises occupied by the government. The period
specified must not start earlier than 7 days after the day on which the notice
is given.
(3) The government may give the collecting society a written objection,
based on reasonable grounds, to the proposal to carry out sampling during the
period, or at the premises, specified in the notice. However, if it does so, the
notice of objection must propose an alternative period during which, or
alternative premises at which, as the case may be, sampling may be carried
out.
(4) If the government gives the collecting society an objection, sampling
may not be carried out during the period, or at the premises, to which the
objection relates unless the objection is withdrawn.
(5) If the government has not objected, or has withdrawn any objection it
made, before or during the specified period, a person authorised in writing by
the society may, during that period, enter the premises specified in the notice
and carry out sampling in accordance with the method on any ordinary working day
for government staff who work in the premises.
(6) The government must take reasonable steps to ensure that the person
who attends at the premises is given all reasonable and necessary facilities and
assistance for carrying out the sampling.
(1) As soon as practicable after the end of each financial year, a company
that was a collecting society during any part of the year must prepare a report
of its operations as a collecting society during the year and send a copy of the
report to the Attorney-General.
(2) A collecting society must keep accounting records correctly recording
and explaining the transactions of the society (including any transactions as
trustee) and the financial position of the society.
(3) Accounting records must be kept in a manner that will enable true and
fair accounts of the society to be prepared from time to time and to be
conveniently and properly audited.
(4) As soon as practicable after the end of each financial year, a company
that was a collecting society during any part of the year must:
(a) have its accounts audited by an auditor who is not a member of the
society; and
(b) give a copy of the audited accounts and the auditor’s report on
the audit to the Attorney-General.
(5) The Attorney-General must cause a copy of a document given to the
Attorney-General under subsection (1) or paragraph (4)(b) to be laid before each
House of the Parliament within 15 sitting days of that House after the
Attorney-General received the document.
(6) A collecting society must give its members reasonable access to copies
of:
(a) all reports and audited accounts prepared by it under this section;
and
(b) all auditors’ reports on the audit of the accounts.
(7) This section does not affect any obligations of a collecting society
relating to the preparation and lodging of annual returns or accounts under the
law under which it is incorporated.
If a collecting society alters its rules, it must give a copy of the
altered rules, together with a statement of the effects of, and reasons for, the
alteration, to the Attorney-General and the Tribunal within 21 days after the
day on which the alteration was made.
6 Application
(1) If:
(a) a government copy was made before the first declaration of a
collecting society in relation to a government copy of the same kind was made
under section 153F of the Copyright Act 1968; and
(b) apart from this item, the owner of the relevant copyright would have
been entitled to the benefit of terms agreed on, or fixed, under subsection
183(5) of that Act; and
(c) any payment due under terms referred to in paragraph (b) has not been
made;
section 183A has effect as if:
(d) section 153F of the Copyright Act 1968 and Division 2 of Part
VII of that Act had been in force when the copy was made; and
(e) the company the subject of the first declaration under section 153F of
that Act in relation to a government copy of the same kind had been the relevant
collecting society in relation to the copy when the copy was made; and
(f) the company had not ceased operating as a collecting society when the
copy was made.
(2) Section 183A has effect in accordance with subsection (1) whether or
not the company referred to in paragraph (1)(e) was the agent of the owner of
the copyright involved.
1 Subsection 10(1) (definition of handicapped
reader)
Repeal the definition.
2 Subsection 10(1) (definition of institution
assisting handicapped readers)
Repeal the definition.
3 Subsection 10(1) (definition of institution
assisting intellectually handicapped persons)
Repeal the definition.
4 Subsection 10(1)
Insert:
institution assisting persons with an intellectual disability
means:
(a) an educational institution; or
(b) any other institution which has as its principal function, or one or
its principal functions, the provision of assistance to persons with an
intellectual disability and in relation to which a declaration under paragraph
10A(1)(d) is in force.
5 Subsection 10(1)
Insert:
institution assisting persons with a print disability
means:
(a) an educational institution; or
(b) any other institution which has as its principal function, or one of
its principal functions, the provision of literary or dramatic works to persons
with a print disability and in relation to which a declaration under paragraph
10A(1)(c) is in force.
6 Subsection 10(1)
Insert:
person with a print disability means:
(a) a person without sight; or
(b) a person whose sight is severely impaired; or
(c) a person unable to hold or manipulate books or to focus or move his or
her eyes; or
(d) a person with a perceptual disability.
7 Subsection 10(3)
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
8 Subsection 10(3)
Omit “an intellectually handicapped person’s copy”
(wherever occurring), substitute “a copy for a person with an intellectual
disability”.
9 Paragraph 10(3)(f)
Omit “handicapped readers”, substitute “persons with a
print disability”.
10 Paragraph 10(3)(h)
Repeal the paragraph, substitute:
(h) a reference to a copy of a work, or of a part of a work, for a person
with a print disability is taken to be a reference to:
(i) a record embodying a sound recording of the work, or of the part of
the work, being a record made by, or on behalf of, the body administering an
institution assisting persons with a print disability and so made for the sole
purpose of use in the provision, whether by the institution or otherwise, of
assistance to a person or persons with a print disability; or
(ii) a Braille version, large-print version or photographic version of the
work, or of the part of the work, being a Braille version, large-print version
or photographic version, as the case may be, made by, or on behalf of, the body
administering an institution assisting persons with a print disability and so
made for the sole purpose of use in the provision, whether by the institution or
otherwise, of assistance to a person or persons with a print
disability;
11 Paragraph 10(3)(ha)
Omit “an intellectually handicapped person or persons”,
substitute “a person or persons with an intellectual
disability”.
12 Subparagraph 10(3)(m)(i)
Omit “handicapped reader’s copy”, substitute “copy
for a person with a print disability”.
13 Paragraph 10A(1)(c)
Omit “handicapped readers”, substitute “persons with a
print disability”.
14 Paragraph 10A(1)(d)
Omit “intellectually handicapped persons”, substitute
“persons with an intellectual disability”.
15 Section 47A (except paragraph
(11)(b))
Omit “print-handicapped radio licence” (wherever occurring),
substitute “print disability radio licence”.
Note: The heading to section 47A is altered by omitting
“print-handicapped radio licences” and substituting
“print disability radio licences”.
16 Paragraph 47A(11)(b)
Omit “print-handicapped radio licence”, substitute
“print disability radio licence”.
17 Section 112
Omit “handicapped reader’s copy or an intellectually
handicapped person’s copy” (wherever occurring), substitute
“copy for a person with a print disability or a copy for a person with an
intellectual disability”.
18 Subparagraph 112(b)(ii)
Omit “handicapped readers’ copies or intellectually handicapped
persons’ copies”, substitute “copies for persons with a print
disability or copies for persons with an intellectual
disability”.
19 Section 135A (paragraph (b) of the definition
of institution)
Omit “intellectually handicapped persons”, substitute
“persons with an intellectual disability”.
20 Paragraph 135E(1)(c)
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
21 Section 135F
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
22 Paragraph 135U(1)(d)
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
23 Section 135ZB (paragraph (b) of the
definition of institution)
Omit “handicapped readers”, substitute “persons with a
print disability”.
24 Section 135ZB (paragraph (c) of the
definition of institution)
Omit “intellectually handicapped persons”, substitute
“persons with an intellectual disability”.
25 Section 135ZB (paragraph (b) of the
definition of licensed copy)
Omit “handicapped readers”, substitute “persons with a
print disability”.
26 Section 135ZB (paragraph (c) of the
definition of licensed copy)
Omit “intellectually handicapped persons”, substitute
“persons with an intellectual disability”.
27 Paragraph 135ZC(e)
Omit “handicapped readers”, substitute “persons with a
print disability”.
28 Division 3 of Part VB
(heading)
Repeal the heading, substitute:
29 Section 135ZN
Omit “handicapped readers” (wherever occurring), substitute
“persons with a print disability”.
Note: The heading to section 135ZN is altered by omitting
“handicapped readers” and substituting “persons with
a print disability”.
30 Section 135ZP
Omit “handicapped readers” (wherever occurring), substitute
“persons with a print disability”.
Note: The heading to section 135ZP is altered by omitting
“handicapped readers” and substituting “persons with
a print disability”.
31 Paragraph 135ZP(1)(b)
Repeal the paragraph, substitute:
(b) each record is made solely for the purpose of use in the provision,
whether by the institution or otherwise, of assistance to persons with a print
disability; and
32 Paragraph 135ZP(2)(b)
Repeal the paragraph, substitute:
(b) each version is made solely for the purpose of use in the provision,
whether by the institution or otherwise, of assistance to persons with a print
disability; and
33 Section 135ZQ
Omit “handicapped readers” (wherever occurring), substitute
“persons with a print disability”.
Note: The heading to section 135ZQ is altered by omitting
“handicapped readers” and substituting “persons with
a print disability”.
34 Subsection 135ZQ(1)
Omit “handicapped reader’s”.
35 At the end of subsection
135ZQ(1)
Add “, for a person with a print disability”.
36 Paragraph 135ZQ(2)(b)
Repeal the paragraph, substitute:
(b) the relevant reproduction is used otherwise than in the making by, or
on behalf of, that body, of a copy of the work, or of a part of the work, as the
case may be, for a person with a print disability;
37 After subsection
135ZQ(4)
Insert:
(4A) Subsection (1) is to be taken never to have applied to the making of
a relevant reproduction of a work, or of a part of a work, if, within 3 months
after the relevant reproduction was made, the body by whom, or on whose behalf,
the relevant reproduction was made has not given to a collecting society (if
any) a notice of the making of the relevant reproduction.
(4B) The notice referred to in subsection (4A) must be in writing and must
specify:
(a) the name of the body; and
(b) the work, or the part of the work, reproduced; and
(c) the date on which the reproduction was made.
(4C) The copyright in a published literary or dramatic work is infringed
by a person who does any of the acts specified in section 38 in relation to a
relevant reproduction of a work, or of a part of a work, if the person knows, or
ought reasonably to have known, that the reproduction was made solely for use in
the making by, or on behalf of, a body administering an institution assisting
persons with a print disability of a copy of the work, or of a part of the work,
as the case may be, for a person with a print disability.
38 Division 4 of Part VB
(heading)
Repeal the heading, substitute:
39 Section 135ZR
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
Note: The heading to section 135ZR is altered by omitting
“intellectually handicapped persons” and substituting
“persons with an intellectual disability”.
40 Subsection 135ZS(1)
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
Note: The heading to section 135ZS is altered by omitting
“intellectually handicapped persons” and substituting
“persons with an intellectual disability”.
41 Section 135ZT
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
Note: The heading to section 135ZT is altered by omitting
“intellectually handicapped person’s copies” and
substituting “copies for a person with an intellectual
disability”.
42 Subsection 135ZT(1)
Omit “an intellectually handicapped person’s”, substitute
“a”.
43 At the end of subsection
135ZT(1)
Add “, for a person with an intellectual disability”.
44 Paragraph 135ZT(2)(b)
Repeal the paragraph, substitute:
(b) the copy is used otherwise than in the making by, or on behalf of,
that body of a copy of the whole or the part of the eligible item or broadcast,
as the case may be, for a person with an intellectual disability;
45 Subsection 135ZZF(2)
Omit “handicapped readers”, substitute “persons with a
print disability”.
46 Subsection 135ZZF(3)
Omit “intellectually handicapped persons”, substitute
“persons with an intellectual disability”.
47 Section 135ZZG
Omit “handicapped reader’s”.
48 Section 135ZZG
After “work”, insert “for a person with a print
disability”.
49 Section 135ZZG
Omit “an intellectually handicapped person’s”, substitute
“a”.
50 Section 135ZZG
After “item”, insert “for a person with an intellectual
disability”.
51 Subsection 149A(3)
Omit “for the making of the sound broadcast, copy, handicapped
reader’s copy, or intellectually handicapped person’s copy, as the
case requires”.
52 Subsection 195A(3)
Omit “handicapped readers” (wherever occurring), substitute
“persons with a print disability”.
53 Subsection 195A(3)
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
54 Section 200AA
Omit “intellectually handicapped persons”, substitute
“persons with an intellectual disability”.
Note: The heading to section 200AA is altered by omitting
“intellectually handicapped persons” and substituting
“persons with an intellectual disability”.
55 Subsection 248A(1) (paragraph (d) of the
definition of exempt recording)
Omit “handicapped readers” (wherever occurring), substitute
“persons with a print disability”.
56 Subsection 248A(1) (paragraph (e) of the
definition of exempt recording)
Omit “intellectually handicapped persons” (wherever occurring),
substitute “persons with an intellectual disability”.
1 Section 135A (definition of
student)
Repeal the definition.
2 Section 135C
Repeal the section.
3 After subsection 135H(1)
Insert:
(1A) If a determination has been made by the Tribunal under subsection
(1), either the administering body or the collecting society may, at any time
after 12 months from the day on which the determination was made, apply to the
Tribunal under that subsection for a new determination of the amount of
equitable remuneration payable to the collecting society by the administering
body for the making, by or on behalf of that body, of a copy of a
broadcast.
4 Subsection 135J(1)
Omit “per student of the institution concerned”.
5 After subsection 135J(1)
Insert:
(1A) If a determination has been made by the Tribunal under subsection
(1), either the administering body or the collecting society may, at any time
after 12 months from the day on which the determination was made, apply to the
Tribunal under that subsection for a new determination of the amount of
equitable remuneration payable to the collecting society by the administering
body for copies of broadcasts made by or on behalf of that body.
6 Subsection 135J(4)
Omit “and different classes of students of an institution
administered by it”.
7 Subsection 135N(2)
Repeal the subsection.
8 Section 135ZB (definition of
student)
Repeal the definition.
9 Section 135ZD
Repeal the section.
10 After subsection
135ZV(1)
Insert:
(1A) If a determination has been made by the Tribunal under subsection
(1), either the administering body or the collecting society may, at any time
after 12 months from the day on which the determination was made, apply to the
Tribunal under that subsection for a new determination of the amount of
equitable remuneration payable to the collecting society by the administering
body for each licensed copy made by or on behalf of that body.
11 Subsection 135ZW(1)
Omit “per student of the institution concerned”.
12 After subsection
135ZW(1)
Insert:
(1A) If a determination has been made by the Tribunal under subsection
(1), either the administering body or the collecting society may, at any time
after 12 months from the day on which the determination was made, apply to the
Tribunal under that subsection for a new determination of the amount of
equitable remuneration payable to the collecting society by the administering
body for licensed copies made by or on behalf of that body.
13 Subsection 135ZW(4)
Omit “and different classes of students of an institution
administered by it”.
14 Subsection 135ZZA(2)
Repeal the subsection.
15 Section 153A
Omit “television” (wherever occurring).
16 Subsection 153A(2)
Omit “per copy or per student of the relevant institution, as the
case may be,”.
17 Paragraph 153A(3)(a)
Omit “seen and heard”, substitute “heard, or seen and
heard, as the case may be”.
18 Subsection 153A(5)
Repeal the subsection, substitute:
(5) In this section, administering body,
broadcast, collecting society and
institution have the same meanings as in Part VA.
19 Subsection 153C(2)
Omit “per licensed copy, or per student of the relevant institution,
as the case may be,”.
20 Subsection 153C(5)
Repeal the subsection, substitute:
(5) In this section, administering body, collecting
society, institution and licensed copy have
the same meanings as in Part VB.
1 Subsection 136(1)
Insert:
Deputy President means a Deputy President of the
Tribunal.
2 Subsection 136(1) (definition of
member)
Omit “the Deputy President”, substitute “a Deputy
President”.
3 Subsection 136(1) (definition of
party)
Repeal the definition.
4 Subsection 136(1) (definition of
proceeding)
Repeal the definition.
5 Subsection 136(1) (definition of the Deputy
President)
Repeal the definition.
6 Section 138
Omit “, a Deputy President and such”, substitute “and
such number of Deputy Presidents and”.
7 Subsection 140(1)
Omit “or as the Deputy President”.
8 After subsection 140(1)
Insert:
(1A) A person is not to be appointed as a Deputy President unless he or
she is, or has been, a Judge of a federal court or of the Supreme Court of a
State or Territory.
9 Subsection 140(2)
Omit “the Deputy President”, substitute “a Deputy
President”.
10 Subsection 141(2)
Omit “or the Deputy President”.
11 After section 141
Insert:
(1) The Deputy Presidents have seniority as Deputy Presidents according to
the dates of their first appointment to the Tribunal, or, if 2 or more Deputy
Presidents were appointed on the same day, according to the precedence assigned
to them in their instruments of appointment.
(2) At any time when only one person is holding office as a Deputy
President, any reference in this Part to ‘the senior Deputy
President’ is to be taken to be a reference to the Deputy
President.
12 Section 142
Repeal the section, substitute:
The Governor-General may appoint the senior Deputy President available to
act in the office of President:
(a) during a vacancy in that office; or
(b) during any period when the person holding that office is absent from
duty or from Australia or is, for any other reason, unable to perform the
functions of that office.
13 Paragraph 146(4)(b)
Omit “the Deputy President shall preside”, substitute
“the senior Deputy President who is present is to
preside”.
14 Subsection 146(5)
Omit “Deputy President”, substitute “senior Deputy
President who is present”.
15 Subsection 146(8)
Omit “the Deputy President”, substitute “a Deputy
President”.
16 Subsection 167(2)
After “member”, insert “or the Secretary to the
Tribunal”.
1 Section 134B
Insert:
CEO means the Chief Executive Officer of Customs.
2 Section 134B (definition of
Comptroller-General)
Repeal the definition.
3 Section 134B
Insert:
copy, in relation to copyright material, means:
(a) if the copyright material is a work—an article in which the work
is embodied; or
(b) if the copyright material is a sound recording, or a sound broadcast
as recorded in a sound recording—a record embodying the sound recording;
or
(c) if the copyright material is a cinematograph film or a television
broadcast as recorded in a cinematograph film—an article in which the
visual images or sounds comprising the film are embodied; or
(d) if the copyright material is a published edition of a work—an
article in which the edition is embodied.
4 Section 134B
Insert:
importer, in relation to copies of copyright material,
includes a person who or which is, or holds himself, herself or itself out to
be, the owner or importer of the goods comprising the copies.
5 Section 135
Omit “Comptroller-General” (wherever occurring), substitute
“CEO”.
6 Subsection 135(3)
Repeal the subsection, substitute:
(3) A notice under subsection (2):
(a) is to be given together with any prescribed document; and
(b) is to be accompanied by the prescribed fee (if any).
7 Subsection 135(5)
After “subsection (6)”, insert “or declared to be
ineffective under subsection (6A)”.
8 After subsection 135(6)
Insert:
(6A) If the CEO believes, on reasonable grounds, that it is no longer
appropriate to give effect to a notice given under subsection (2), the CEO may,
by writing, declare the notice to be ineffective.
Note: Subsection 195B(3) requires the CEO to notify the
person who gave the notice of the decision declaring the notice to be
ineffective.
9 Paragraph 135(7)(b)
Omit “withdrawn”, substitute “declared to be ineffective
or revoked”.
10 Subsection 135(9)
Omit “section”, substitute “Division”.
11 Subsection 135(10)
Repeal the subsection, substitute:
(10) This Division does not apply to the importation into Australia of
copies of copyright material whose importation does not constitute an
infringement of copyright because of section 44A, 44C, 112A or 112C.
12 Section 135AA
Omit “Comptroller-General” (wherever occurring), substitute
“CEO”.
13 Section 135AB
Omit “Comptroller-General”, substitute
“CEO”.
14 Section 135AC
Omit “Comptroller-General” (wherever occurring), substitute
“CEO”.
15 Subsection 135AC(2)
Repeal the subsection, substitute:
(2) A notice under subsection (1) must also state:
(a) if it is given to the objector—the name, and (if known) the
address of the place of business or residence, of the importer; and
(b) if it is given to the importer—the name, and the address of the
place of business or residence, of:
(i) the objector; or
(ii) if the objector has nominated a person to be the objector’s
agent or representative for the purposes of this Division—that person;
and
(c) in each case—that the copies will be released to the importer
unless:
(i) an action for infringement of copyright in relation to the copies is
instituted by the objector within a specified period from the day specified in
the notice; and
(ii) a written notice stating that the action has been instituted is given
to the CEO within that period.
16 Subsection 135AC(3)
Omit “paragraph (2)(a)”, substitute “subparagraph
(2)(c)(i)”.
17 Subsection 135AC(4)
Omit “paragraph (2)(a)”, substitute “subparagraph
(2)(c)(i)”.
18 Subsection 135AC(5)
Omit “paragraph (2)(a)”, substitute “subparagraph
(2)(c)(i)”.
19 At the end of section
135AC
Add:
(8) The CEO may, at any time after the copies are seized, give to the
objector:
(a) the name, and the address of the place of business or residence, of
the person or body that made the arrangements, on behalf of the importer, for
the copies to be brought to Australia or any information that the CEO has, and
believes on reasonable grounds may help in identifying and locating that person
or body; and
(b) any other information that the CEO has, and believes on reasonable
grounds may be relevant for the purpose of identifying and locating the
importer.
20 Section 135AD
Omit “Comptroller-General” (wherever occurring), substitute
“CEO”.
21 Section 135AE
Omit “Comptroller-General” (wherever occurring), substitute
“CEO”.
22 Section 135AF
Omit “Comptroller-General” (wherever occurring), substitute
“CEO”.
23 Section 135AG
Omit “Comptroller-General” (wherever occurring), substitute
“CEO”.
24 Section 135AH
Omit “Comptroller-General” (wherever occurring), substitute
“CEO”.
25 Paragraph 135AI(b)
Omit “Comptroller-General”, substitute
“CEO”.
26 Subsection 135AJ(1)
Omit “Comptroller-General”, substitute
“CEO”.
27 Paragraph 135AK(a)
Omit “Comptroller-General”, substitute
“CEO”.
28 Subsection 195B(1)
Omit “Comptroller-General of Customs” (wherever occurring),
substitute “CEO”.
29 After paragraph
195B(1)(b)
Insert:
(ba) a decision of the CEO under subsection 135(6A) to declare a notice
given under subsection 135(2) to be ineffective;
30 Subsection 195B(3)
Omit “Comptroller-General of Customs makes a reviewable decision
referred to in paragraph (1)(c) or (d), the Comptroller-General”,
substitute “CEO makes a reviewable decision referred to in paragraph
(1)(ba), (c) or (d), the CEO”.
31 Subsection 195B(8)
Insert:
CEO means the Chief Executive Officer of
Customs.
1 Subsection 10(1) (before paragraph (a) of the
definition of educational institution)
Insert:
(aa) an institution at which education is provided at pre-school or
kindergarten standard;
2 Subsection 10(1) (paragraphs (g), (h) and (j)
of the definition of educational institution)
Repeal the paragraphs, substitute:
(g) an institution in relation to which there is in force a notice
published under subsection 10A(4) that includes a declaration that the principal
function of the institution is the provision of courses of study or training for
one of the following purposes:
(i) general education;
(ii) the preparation of people for a particular occupation or
profession;
(iii) the continuing education of people engaged in a particular
occupation or profession;
(iv) the teaching of English to people whose first language is not
English;
(h) an undertaking within a body administering an educational institution
of a kind referred to in a preceding paragraph of this definition in relation to
which there is in force a notice published under subsection 10A(4) that includes
a declaration that the principal function, or one of the principal functions, of
the undertaking is the provision of teacher training to people engaged as
instructors in educational institutions of a kind referred to in a preceding
paragraph of this definition, or of 2 or more such kinds; or
(i) an institution, or an undertaking within a body administering an
educational institution of a kind referred to in a preceding paragraph of this
definition, in relation to which there is in force a notice published under
subsection 10(4) that includes a declaration that the principal function, or one
of the principal functions, of the institution, or undertaking, is the providing
of material to educational institutions of a kind referred to in a preceding
paragraph of this definition, or to educational institutions of 2 or more such
kinds, and that that activity is undertaken for the purpose of helping those
institutions in their teaching purposes.
3 Subsection 10(1) (definition of educational
institution)
Omit “but does not include an institution that is conducted for the
profit, direct or indirect, of an individual or individuals”.
4 Paragraph 10A(1)(b)
Repeal the paragraph.
5 After paragraph 10A(4)(a)
Insert:
(aa) sets out the principal function or principal functions of the
institution or of an undertaking within the body administering the institution;
and
6 After subsection 10A(5)
Insert:
(5A) A collecting society may apply to the Copyright Tribunal for review
of a declaration included in a notice published under subsection (4) of this
section for the purposes of paragraph (g), (h) or (i) of the definition of
educational institution in subsection 10(1).
Note: For applications to the Tribunal for review see
section 153L.
7 Before section 154
Insert:
(1) This section applies where an application is made to the Tribunal
under subsection 10A(5A) for review of a declaration included in a notice
published under subsection 10A(4) for the purposes of paragraph (g), (h) or (i)
of the definition of educational institution in subsection
10(1).
(2) The parties to the application are:
(a) the collecting society that made the application; and
(b) the body administering the institution that caused the notice to be
published.
(3) After giving each party an opportunity to present its case, the
Tribunal must:
(a) confirm the declaration; or
(b) set aside the notice.
(4) If the Tribunal sets aside the notice, the Tribunal must cause to be
published in the Gazette a notice that:
(a) sets out full particulars of the name and address of the institution;
and
(b) contains a statement to the effect that the notice previously
published by the body administering the institution under subsection 10A(4) has
been set aside.
Upon publication of the Tribunal’s notice, the notice published under
subsection 10A(4) ceases to have effect for the purposes of paragraph (g), (h)
or (i) of the definition of educational institution in subsection
10(1).
(5) The Tribunal may only set aside a notice if it determines that the
principal function, or the principal functions, as the case may be, of the
institution concerned are not as described in the declaration included in the
notice.
8 Saving
If, immediately before the commencement of this Schedule, a declaration
under paragraph 10A(1)(b) of the Copyright Act 1968 was in force, that
Act has effect, in relation to the declaration and the institution to which the
declaration relates, as if this Act had not been enacted.
1 Subsection 10(1)
Insert:
licence in force under the Broadcasting Services Act 1992 has
a meaning affected by subsection (5) of this section.
2 At the end of section 10
Add:
(5) A reference in this Act to a licence in force under the
Broadcasting Services Act 1992 includes a reference to a licence that,
under subsection 5(1) of the Broadcasting Services (Transitional Provisions)
Act 1992, continues in force as if it had been allocated under the
Broadcasting Services Act 1992.
3 Section 44A
After “37” (wherever occurring), insert
“(1)”.
4 Division 5 of Part III
(heading)
Repeal the heading, substitute:
Note: The heading to section 52 is altered by adding at the
end “or archives”.
5 At the end of paragraph
91(a)
Add “and”.
6 Paragraph 91(b)
Repeal the paragraph, substitute:
(b) in a television broadcast (other than a broadcast transmitted for a
fee payable to the person who made the broadcast) made from a place in Australia
under a licence in force under the Broadcasting Services Act 1992 by the
holder of the licence; and
7 Paragraph 91(d)
Repeal the paragraph, substitute:
(d) in a sound broadcast (other than a broadcast transmitted for a fee
payable to the person who made the broadcast) made from a place in Australia
under a licence in force under the Broadcasting Services Act 1992 by the
holder of the licence.
8 After section 91
Insert:
Copyright may subsist in a television broadcast or sound broadcast under
subparagraph 91(a)(iii) or (c)(iii) even though copyright does not subsist in
the broadcast under paragraph 91(b) or (d) because the broadcast was transmitted
for a fee to the person who made the broadcast.
9 Paragraph 99(b)
Omit “or permit granted under the Broadcasting Act
1942”, substitute “in force under the Broadcasting Services
Act 1992”.
10 Section 109
After “broadcast” (first occurring), insert “(other than
a broadcast transmitted for a fee payable to the person who made the
broadcast)”.
11 Section 112A
After “102” (wherever occurring), insert
“(1)”.
12 Subsection 132(3)
Omit “plate”, substitute “device”.
13 Subsection 133(4)
Omit “plate”, substitute “device”.
14 Section 134
Omit “plate” (wherever occurring), substitute
“device”.
15 Part VA (heading)
Repeal the heading, substitute:
16 Section 135A (definition of
broadcast)
Repeal the definition.
17 Section 135A (definition of preview
copy)
Omit “broadcast”, substitute
“transmission”.
18 Section 135A
Insert:
transmission means:
(a) a sound broadcast or a television broadcast including (to avoid doubt)
a sound broadcast, or a television broadcast, transmitted for a fee;
and
(b) a transmission to subscribers to a diffusion service other
than:
(i) a transmission of a sound recording; or
(ii) a transmission that does not constitute an infringement of copyright
because of subsection 199(4).
19 Section 135B
Omit “broadcast” (wherever occurring), substitute
“transmission”.
Note: The heading to section 135B is altered by omitting
“broadcasts” and substituting
“transmissions”.
20 Division 2 of Part VA
(heading)
Repeal the heading, substitute:
21 Section 135E
Omit “broadcast” (wherever occurring), substitute
“transmission”.
Note: The heading to section 135E is altered by omitting
“broadcasts” and substituting
“transmissions”.
22 Section 135F
Omit “broadcast” (wherever occurring), substitute
“transmission”.
23 Subsection 135G(1)
Omit “broadcasts”, substitute
“transmissions”.
24 Subsection 135H(1)
Omit “broadcast”, substitute
“transmission”.
25 Paragraph 135H(2)(a)
Omit “broadcasts”, substitute
“transmissions”.
26 Section 135J
Omit “broadcasts” (wherever occurring), substitute
“transmissions”.
27 Subsection 135J(5)
Omit “broadcast”, substitute
“transmission”.
28 Section 135K
Omit “broadcast” (wherever occurring), substitute
“transmission”.
29 Subsection 135L(1)
Omit “broadcasts” (wherever occurring), substitute
“transmissions”.
30 Subsection 135N(1)
Omit “broadcasts”, substitute
“transmissions”.
31 Subparagraph
135P(3)(d)(i)
Omit “administrative”, substitute
“administering”.
32 Section 135U
Omit “broadcast” (wherever occurring), substitute
“transmission”.
33 Section 135V
Omit “broadcasts”, substitute
“transmissions”.
34 Subsection 135W(1)
Omit “broadcasts”, substitute
“transmissions”.
35 Section 135Z
Omit “broadcast” (wherever occurring), substitute
“transmission”.
36 Section 135ZA
Omit “broadcast”, substitute
“transmission”.
37 Subsection 135ZZB(3)
Omit “a collecting society” (wherever occurring), substitute
“the collecting society”.
38 Subsection 146(3)
Repeal the subsection, substitute:
(3) If a party to an application or reference requests that the Tribunal
be constituted by more than one member for the purposes of the application or
reference, the Tribunal must, for the purposes of the application or reference,
be constituted by not less than 2 members of whom one must be the President or a
Deputy President.
(3A) Nothing in subsection (3) prevents a single member from exercising
the powers of the Tribunal in relation to matters of procedure.
39 Division 3 of Part VI
(heading)
Repeal the heading, substitute:
40 Subsection 152(1) (paragraph (b) of the
definition of broadcaster)
Omit “or permit granted under the Broadcasting Act
1942”, substitute “in force under the Broadcasting Services
Act 1992”.
41 Subsection 152(1)
Insert:
broadcasting does not include broadcasting by a transmission
for a fee payable to the person who made the broadcast.
42 Subsection 152(8)
Omit “radio licence granted under the Broadcasting Act
1942”, substitute “licence in force under the Broadcasting
Services Act 1992 that authorises the holder to broadcast radio
programs”.
43 Subsection 152(9)
Omit “radio licence granted under the Broadcasting Act 1942
has, with the leave of the Australian Broadcasting Tribunal under section 123 of
that Act”, substitute “licence in force under the Broadcasting
Services Act 1992 that authorises the holder to broadcast radio programs
has, with the leave of the Australian Broadcasting Authority”.
44 Subsection 161(9)
Repeal the subsection.
45 Paragraph 166(2)(a)
Omit “an intended inquiry by the Tribunal under section 148
or”.
46 Subsection 174(3)
Repeal the subsection.
47 Paragraph 184(1)(f)
Omit “or permit granted under the Broadcasting Act
1942”, substitute “in force under the Broadcasting Services
Act 1992”.
48 Subsection 195A(5)
Repeal the subsection.
49 Paragraph 199(7)(a)
Omit “or permit granted under the Broadcasting Act
1942”, substitute “in force under the Broadcasting Services
Act 1992”.
50 Paragraph 199(7)(b)
Omit “or permit granted under the Broadcasting Act
1942”, substitute “in force under the Broadcasting Services
Act 1992”.
51 Subsection 202(5)
Omit “plate”, substitute “device”.
52 Subsection 248A(1) (definition of
performance)
After “Australia or”, insert “given”.