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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Copyright Amendment (Service
Providers) Bill 2017
No. , 2017
(Communications and the Arts)
A Bill for an Act to amend the Copyright Act 1968,
and for related purposes
No. , 2017
Copyright Amendment (Service Providers) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Copyright Act 1968
3
No. , 2017
Copyright Amendment (Service Providers) Bill 2017
1
A Bill for an Act to amend the Copyright Act 1968,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Copyright Amendment (Service Providers) Act
5
2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Copyright Amendment (Service Providers) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2017
Copyright Amendment (Service Providers) Bill 2017
3
Schedule 1--Amendments
1
2
Copyright Act 1968
3
1 Division 2AA of Part V (heading)
4
Repeal the heading, substitute:
5
Division 2AA--Limitation on remedies available against
6
service providers
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2 Subsection 116AA(1)
8
Omit "carriage" (wherever occurring).
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3 Subsection 116AA(1) (before note 1)
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Insert:
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Note 1A: For the meaning of service provider, see section 116ABA.
12
4 Section 116AB (definition of caching)
13
Omit "carriage".
14
5 Section 116AB
15
Insert:
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service provider has the meaning given by section 116ABA.
17
6 At the end of Subdivision A of Division 2AA of Part V
18
Add:
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116ABA Definition of service provider
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(1) Each of the following is a service provider:
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(a) a carriage service provider;
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(b) an organisation assisting persons with a disability;
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(c) the body administering a library, if:
24
(i) all or part of the collection comprising the library is
25
accessible to members of the public directly or through
26
interlibrary loans; or
27
Schedule 1 Amendments
4
Copyright Amendment (Service Providers) Bill 2017
No. , 2017
(ii) the principal purpose of the library is to provide library
1
services for members of a Parliament;
2
(d) the body administering an archives;
3
(e) the body administering a key cultural institution;
4
(f) the body administering an educational institution.
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(2) If a service provider is not:
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(a) a carriage service provider; or
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(b) an organisation assisting persons with a disability; or
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(c) the body administering an educational institution, being an
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educational institution that is a body corporate;
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this Division only applies to activities that the service provider
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carries out because of its relationship to the relevant library,
12
archives, key cultural institution or educational institution
13
mentioned in subsection (1).
14
7 Sections 116AC to 116AJ
15
Omit "carriage" (wherever occurring).
16