Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote: See sections 21, 22, 24, 26, 31 and 34.
Part 1 -- Form of notification relating to cached copyright material
Commonwealth of Australia
Notification that cached copyright material has been removed or access has been disabled at the originating site
To [ name of service provider ]
1. I give this notification for the purposes of condition 3 of item 3 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 21 of the Copyright Regulations 2017 .
2. I am the * owner/ * exclusive licensee/ * agent of the owner/ * agent of the exclusive licensee of the copyright in the following cached copyright material, and I believe in good faith that it has been removed from, or access to it has been disabled at, the originating site:
[ insert sufficient information to enable the service provider to identify:
(a) the cached copyright material; and
(b) the originating site from which the cached copyright material has been removed or at which access has been disabled; and
(c) the cached copyright material on the service provider's system or network that is to be removed, or to which access is to be disabled ]
3. I have taken reasonable steps to ensure that the information and statements in this notification are accurate.
Name:
Address:
Telephone number:
Email address:
[ signature ]
* Owner/ * Exclusive licensee/ * Agent of the owner/ * Agent of the exclusive licensee
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient--see section 25C of the Acts Interpretation Act 1901 .
Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notification--see section 39 of the Copyright Regulations 2017 .
Part 2 -- Form of notice relating to copyright material found to be infringing by Australian court
Commonwealth of Australia
Notice relating to copyright material that has been found to be infringing by an Australian court
To [ name of service provider ]
1. I give this notice for the purposes of condition 2 of * item 4/ * item 5 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 22 of the Copyright Regulations 2017 .
2. I am the * owner/ * exclusive licensee/ * agent of the owner/ * agent of the exclusive licensee of the copyright in the following copyright material * that resides on your system or network/ * to which you have provided a reference on your system or network, and I believe, in good faith, that the copyright material has been found to be infringing by an Australian court:
[ insert sufficient information to enable the service provider:
(a) to identify the copyright material that has been found to be infringing by an Australian court; and
(b) to locate on the service provider's system or network the copyright material or the reference provided by the service provider on its system or network to the copyright material ]
3. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
Name:
Address:
Telephone number:
Email address:
[ signature ]
* Owner/ * Exclusive licensee/ * Agent of the owner/ * Agent of the exclusive licensee
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient--see section 25C of the Acts Interpretation Act 1901 .
Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notice--see section 39 of the Copyright Regulations 2017 .
Commonwealth of Australia
Notice by copyright owner, licensee or agent of claimed infringement of copyright in copyright material
To [ name of service provider ]
1. I give this notice for the purposes of condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 24 of the Copyright Regulations 2017 .
2. I am the * owner/ * exclusive licensee/ * agent of the owner/ * agent of the exclusive licensee of the copyright in the following copyright material residing on your system or network, and I believe, in good faith, that the storage of the material on your system or network is not authorised by the owner or any exclusive licensee of the copyright in that material, or by the Copyright Act 1968 , and is therefore an infringement of the copyright in the material:
[ insert sufficient information to enable the service provider:
(a) to identify the copyright material in respect of which the infringement is claimed; and
(b) to locate on the service provider's system or network the copyright material ]
3. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
Name:
Address:
Telephone number:
Email address:
[ signature ]
* Owner/ * Exclusive licensee/ * Agent of the owner/ * Agent of the exclusive licensee
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient--see section 25C of the Acts Interpretation Act 1901 .
Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notice--see section 39 of the Copyright Regulations 2017 .
Note 3: As soon as practicable after removing, or disabling access to, copyright material identified in this notice, the service provider to which this notice is given must send a copy of this notice to the user who directed the service provider to store the material on the service provider's system or network, along with a notice stating that the material has been removed, or access to it has been disabled, and that the user may give a counter - notice within 3 months--see section 25 of the Copyright Regulations 2017 .
Commonwealth of Australia
Counter - notice in response to notice by copyright owner, licensee or agent of claimed infringement of copyright
To [ name of service provider ]
1. Having received a copy of a notice of claimed infringement from you under section 25 of the Copyright Regulations 2017 in relation to the following copyright material, I give this counter - notice for the purposes of condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 26 of the Copyright Regulations 2017 :
[ insert sufficient information to enable the service provider to identify:
(a) the copyright material in respect of which the infringement is claimed; and
(b) where on the service provider's system or network the copyright material was stored ]
2. I am the user who directed you to store the copyright material on your system or network.
3. I believe, in good faith on the grounds set out in paragraph 4, that the notice of claimed infringement was given because of * a mistake as to fact or law in relation to the copyright material/ * a mistake in identifying the copyright material.
4. The grounds for my belief in the statement in paragraph 3 are as follows:
[ state the grounds ]
Omit the following paragraph if the user does NOT live in, or carry on a business in, Australia.
* 5. I agree to comply with the orders of a court having jurisdiction in the place in Australia where I live or undertake my business.
Omit the following paragraph if the user lives in, or carries on a business in, Australia.
* 5. I agree to comply with the orders of a court having jurisdiction in a place in Australia where you are located and where an action for infringement of the copyright in the copyright material could be brought.
6. I will accept service of process in any action for infringement of the copyright in the copyright material.
7. I have taken reasonable steps to ensure that the information and statements in this counter - notice are accurate.
Name:
Address:
Telephone number:
Email address:
[ signature ]
User
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient--see section 25C of the Acts Interpretation Act 1901 .
Note 2: This counter - notice must be given to the designated representative of the service provider who is specified in the notice to which this counter - notice relates within 3 months after the user receives that notice--see section 26 of the Copyright Regulations 2017 .
Note 3: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter - notice--see section 39 of the Copyright Regulations 2017 .
Note 4: As soon as practicable after the service provider receives this counter - notice, the service provider must send a copy of it to the copyright owner, licensee or agent (who gave the notice of claimed infringement to which this counter - notice responds), together with a notice stating that if the owner, licensee or agent does not, within 10 business days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the service provider will restore, or enable access to, the copyright material on its system or network--see section 27 of the Copyright Regulations 2017 .
Note 5: Information that could identify a user who is an individual may be disclosed by the service provider in the copy of this counter - notice or the notice referred to in Note 4 sent to the copyright owner, licensee or agent if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988 . If the service provider is required by a court to disclose identifying information about a user who is an individual, the information must be disclosed.
Commonwealth of Australia
Counter - notice in response to takedown of copyright material without notice from copyright owner, licensee or agent
To [ name of service provider ]
1. Having received a notice from you under section 30 of the Copyright Regulations 2017 in relation to the following copyright material, I give this counter - notice for the purposes of condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 31 of the Copyright Regulations 2017 :
[ insert sufficient information to enable the service provider to identify:
(a) the copyright material that has been removed, or to which access has been disabled; and
(b) where on the service provider's system or network the copyright material was stored ]
2. I am the user who directed you to store the copyright material on your system or network.
3. I believe, in good faith on the grounds set out in paragraph 4, that you have removed, or disabled access to, the copyright material because of * a mistake as to fact or law in relation to the copyright material/ * a mistake in identifying the copyright material.
4. The grounds for my belief in the statement in paragraph 3 are as follows:
[ state the grounds ]
5. I have taken reasonable steps to ensure that the information and statements in this counter - notice are accurate.
Name:
Address:
Telephone number:
Email address:
[ signature ]
User
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient--see section 25C of the Acts Interpretation Act 1901 .
Note 2: This counter - notice must be given to the designated representative of the service provider who is specified in the notice to which this counter - notice relates within 3 months after the user receives that notice--see section 31 of the Copyright Regulations 2017 .
Note 3: An action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this counter - notice--see section 39 of the Copyright Regulations 2017 .
Note 4: If the service provider is satisfied, on the basis of the information and statements in this counter - notice, that the copyright material is not, or is not likely to be, infringing, the service provider must restore, or enable access to, the copyright material on its system or network--see section 32 of the Copyright Regulations 2017 .
Commonwealth of Australia
Notice by owner, licensee or agent of claimed infringement by reference to infringing copyright material
To [ name of service provider ]
1. I give this notice for the purposes of condition 3 of item 5 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 34 of the Copyright Regulations 2017 .
2. I am the * owner/ * exclusive licensee/ * agent of the owner/ * agent of the exclusive licensee of the copyright in the following copyright material to which you have provided a reference on your system or network:
[ insert sufficient information to enable the service provider:
(a) to identify the copyright material in respect of which the infringement is claimed; and
(b) to locate on the service provider's system or network the reference provided by the service provider to the copyright material ]
3. I believe, in good faith, that the copyright material is infringing under the Copyright Act 1968 .
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
Name:
Address:
Telephone number:
Email address:
[ signature ]
* Owner/ * Exclusive licensee/ * Agent of the owner/ * Agent of the exclusive licensee
* Omit if inapplicable
Note 1: Strict compliance with this form is not required and substantial compliance is sufficient--see section 25C of the Acts Interpretation Act 1901 .
Note 2: A civil action for a civil remedy may be brought by a person who suffers loss or damage because of a material misrepresentation made knowingly in this notice--see section 39 of the Copyright Regulations 2017 .