Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) adaptation;
(b) artistic work;
(c) Australia;
(d) body administering;
(e) carriage service provider;
(f) cinematograph film;
(g) collecting society;
(h) copy;
(i) copyright material;
(j) device;
(k) dramatic work;
(l) educational institution;
(m) eligible rights holder;
(n) government;
(o) government copy;
(p) infringing copy;
(q) licensed copying or communicating;
(r) literary work;
(s) manuscript;
(t) record;
(u) Registrar;
(v) rules;
(w) sound broadcast;
(x) sound recording;
(y) technological protection measure;
(z) television broadcast;
(za) the Tribunal;
(zb) to the public;
(zc) work;
(zd) works collecting society.
In this instrument:
"Act" means the Copyright Act 1968 .
"address for service" of a person or body means an address in Australia at which, or an electronic address through which, documents may be served on the person or body.
"Australian-based" : a person is Australian-based if the person:
(a) resides or carries on business in Australia; or
(b) if the person is a corporation--has a registered office in Australia.
"caching" has the same meaning as in section 116AB of the Act.
"civil action" means a proceeding of a civil nature between parties, including a counterclaim.
Note: This is essentially the same as the definition of action in Part V of the Act.
"designated representative" of a service provider means a person designated under subsection 19(1) to receive for the service provider notifications, notices and counter - notices given for the purposes of a condition in subsection 116AH(1) of the Act.
"designated service provider" means a service provider other than a carriage service provider.
"distributable amount" has the meaning given by subsection 17(3).
"entitled person" has the meaning given by subsection 17(3).
"equitable remuneration" has the meaning given by subsection 17(3).
"infringement notice" means an infringement notice given under section 43.
"infringement officer" means:
(a) a member of the Australian Federal Police (as defined in the Australian Federal Police Act 1979 ); or
(b) a member of the police force (however described) of a State or Territory.
"infringing article" , in relation to an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), means an article that is alleged:
(a) to be an infringing copy of a work or other subject - matter; and
(b) to have been involved in the commission of the offence.
"infringing device" , in relation to an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), means a device that is alleged:
(a) to have been made to be used for making an infringing copy of a work or other subject - matter; and
(b) to have been involved in the commission of the offence.
"party" has a meaning affected by section 117.
"potential share" has the meaning given by subsection 17(3).
"President" means the President of the Tribunal.
"reference" of a matter to the Tribunal under the Act includes referral of the matter to the Tribunal under the Act.
"relevant chief executive" means the Commissioner (or head, however described) of the Australian Federal Police or of the police force (however described) of a State or Territory.
"relevant copyright owner" has the meaning given by subsection 17(3).
"relevant file number" , in relation to a Tribunal proceeding, means the file number given by the Registrar to the proceeding.
"sealed" means sealed with the seal of the Tribunal.
"service provider" has the meaning given by section 116ABA of the Act.
"subject to an infringement notice" under Part 9 has the meaning given by section 42.
"system or network" of a service provider means a system or network controlled or operated by or for the service provider.
"Tribunal proceeding" means a proceeding before the Tribunal.
"user" , in relation to copyright material stored on a service provider's system or network, means the person who directed the service provider to store the copyright material on its system or network.