Commonwealth Numbered Regulations

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COPYRIGHT REGULATIONS 2017 (F2017L01649)


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name  
   2.      Commencement  
   3.      Authority  
   4.      Definitions  

   PART 2--COPYRIGHT IN ORIGINAL WORKS

   5.      Notices to be displayed near library or archive machines used to make infringing copies--paragraph 39A(b) of the Act  
   6.      Notice requirements for communication of electronic reproduction by library or archives--subparagraph 49(7A)(c)(ii) of the Act  
   7.      Notice of intended publication of unpublished work kept in public library--paragraphs 52(1)(b) and (2)(b) of the Act  
   8.      Countries in relation to which Division 6 of Part III of the Act applies--subparagraphs 55(1)(a)(iii) and (iv) and 59(1)(d)(iii) and (iv) of the Act  
   9.      Notice of intended making of record of musical work  
   10.     Prescribed period relating to making of records of musical works--subsection 55(3) of the Act  
   11.     Inquiries relating to previous records of musical works--section 61 of the Act  
   12.     Circumstances in which design is taken to be applied industrially--section 77 of the Act  

   PART 3--COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

   13.     Notices to be displayed near library or archive machines used to make infringing copies--paragraph 104B(b) of the Act  
   14.     Prescribed period relating to public performance of recordings first published outside Australia--paragraph 108(1)(b) of the Act  
   15.     Prescribed period relating to broadcasts of recordings not published in Australia--subsection 109(3) of the Act  

   PART 4--USES THAT DO NOT INFRINGE COPYRIGHT

   16.     Bodies administering key cultural institutions--paragraph 113L(b) of the Act  

   PART 5--COLLECTING SOCIETIES

   17.     Rules of a collecting society--paragraphs 113W(d), 135ZZT(3)(d), 135ZZZO(7)(d) and 153F(6)(f) of the Act  

   PART 6--LIMITATION ON REMEDIES AVAILABLE AGAINST CARRIAGE SERVICE PROVIDERS

           Division 1--Preliminary

   18.     Industry code--section 116AB of the Act  
   19.     Designated representative  
   20.     Requirements for notifications and notices  

           Division 2--Conditions--cached copyright material

   21.     Notification relating to Category B activity  

           Division 3--Conditions--copyright material found to be infringing by an Australian court

   22.     Notice in relation to Category C and D activities  

           Division 4--Conditions--takedown of copyright material following notice

   23.     Application of this Division  
   24.     Notice of claimed infringement  
   25.     Takedown procedure  
   26.     Counter-notice  
   27.     Copy of counter-notice to be sent to copyright owner  
   28.     Restoring copyright material  

           Division 5--Conditions--procedure following takedown of copyright material without notice from copyright owner, exclusive licensee or agent

   29.     Application of this Division  
   30.     Notice to user  
   31.     Counter-notice  
   32.     Restoring copyright material  

           Division 6--Conditions--takedown of reference to copyright material following notice from copyright owner, exclusive licensee or agent

   33.     Application of this Division  
   34.     Notice of claimed infringement  
   35.     Takedown procedure  

           Division 7--Civil remedies

   36.     Authority  
   37.     Action taken to comply with a condition  
   38.     Failure to restore or enable access to copyright material  
   39.     Misrepresentations in notifications and notices  

   PART 7--TECHNOLOGICAL PROTECTION MEASURES

   40.     Non-infringing acts enabled by circumvention of access control technological protection measures that are not actionable--paragraphs 116AN(9)(c) and 132APC(9)(c) of the Act  

   PART 8--INFRINGEMENT NOTICES AND FORFEITURE OF INFRINGING ARTICLES AND DEVICES

           Division 1--Preliminary

   41.     Object of this Part  
   42.     Provisions subject to an infringement notice  

           Division 2--Infringement notices

   43.     When an infringement notice may be given  
   44.     Matters to be included in an infringement notice  
   45.     Extension of time to pay amount  
   46.     Withdrawal of an infringement notice  
   47.     Effect of payment of amount  
   48.     Effect of this Part  

           Division 3--Forfeiture of infringing articles and devices

   49.     Forfeiture of infringing articles and devices  

   PART 9--SEIZURE OF IMPORTED COPIES OF COPYRIGHT MATERIAL

   50.     Definition of action period in section 134B of the Act  
   51.     Definition of claim period in section 134B of the Act  
   52.     Information to be given to Comptroller-General of Customs about objection to importation of copies of works etc.--paragraph 135(8)(c) of the Act  
   53.     Seizure of copies of works etc. imported into certain external Territories--subsection 135(9) of the Act  
   54.     Claim for release of seized copies--section 135AEA of the Act  

   PART 10--RETRANSMISSION OF FREE-TO-AIR BROADCASTS

   55.     Identity cards--subsection 135ZZQ(1) of the Act  

   PART 11--COPYRIGHT TRIBUNAL

           Division 1--Preliminary

   56.     Authority  
   57.     Organizations treated like persons  

           Division 2--General provisions

   58.     Seal of Tribunal  
   59.     Filing of documents  
   60.     Address for service  
   61.     Tribunal may direct alternative means of service or dispense with service  
   62.     Notification of orders of Tribunal and of reasons  

           Division 3--Applications and references to the Tribunal

              Subdivision A--General provisions about applications and references to the Tribunal

   63.     Form, content and filing of application or reference to the Tribunal  
   64.     Giving application or reference to other parties  
   65.     Advertising of applications and references  
   66.     Hearing of application or reference  

              Subdivision B--Provisions about particular kinds of applications and references to the Tribunal

   67.     Matters to be included in application under subsection 47(3) of the Act  
   68.     Matters to be included in application under paragraph 59(3)(b) of the Act  
   69.     Matters to be included in application under subsection 70(3) of the Act  
   70.     Matters to be included in application under subsection 107(3) of the Act  
   71.     Matters to be included in application under paragraph 108(1)(a) of the Act  
   72.     Matters to be included in application under paragraph 113P(4)(b) of the Act  
   73.     Application under paragraph 113R(2)(b) of the Act  
   74.     Matters to be included in application under paragraph 113S(4)(b) of the Act  
   75.     Matters to be included in references under paragraph 113V(2)(c) of the Act  
   76.     Matters to be included in references under paragraph 113X(2)(b) of the Act  
   77.     Matters to be included in applications under subsection 113ZB(1) of the Act  
   78.     Matters to be included in application under subsection 135ZZM(1) of the Act  
   79.     Matters to be included in application under subsection 135ZZN(3) of the Act  
   80.     Matters to be included in references under paragraph 135ZZT(1A)(c) of the Act  
   81.     Matters to be included in references under paragraph 135ZZU(2)(b) of the Act  
   82.     Matters to be included in application under subsection 135ZZWA(1) of the Act  
   83.     Matters to be included in application under subsection 135ZZZS(1) of the Act  
   84.     Matters to be included in application under subsection 152(2) of the Act  
   85.     Matters to be included in application under subsection 152(12) of the Act  
   86.     Matters to be included in application under subsection 153F(1) of the Act  
   87.     Matters to be included in application under subsection 153G(1) of the Act  
   88.     Matters to be included in application under subsection 153K(1) of the Act  
   89.     Matters to be included in reference under section 154 of the Act  
   90.     Reference of existing licence scheme under section 155 of the Act  
   91.     Reference under section 156 of the Act  
   92.     Application for leave under subsection 156(2) of the Act to refer licence scheme to the Tribunal  
   93.     Application under subsection 157(1) of the Act  
   94.     Application under subsection 157(2) of the Act  
   95.     Application under subsection 157(3) of the Act  
   96.     Applications under subsection 157(4) of the Act  
   97.     Application under subsection 183(5) of the Act  
   98.     Matters to be included in applications under subsection 183F(1) of the Act  

              Subdivision C--Applications ancillary to Tribunal proceedings

   99.     Application to be made a party to a Tribunal proceeding  
   100.    Application for order about matter related to Tribunal proceeding  
   101.    Consenting to order about matter related to Tribunal proceeding  
   102.    When notice or copy of application under section 100 need not be given  
   103.    Dealing with application under section 100  

           Division 4--Ancillary matters

              Subdivision A--General

   104.    Consolidating applications and references  
   105.    Directions as to procedure  
   106.    Request as to constitution of Tribunal  
   107.    Withdrawal of application or reference  
   108.    Amendment of documents  

              Subdivision B--References of questions of law to Federal Court of Australia

   109.    Request for reference of question of law to Federal Court of Australia  
   110.    Fixing new date for hearing if party requests reference of question of law to Federal Court of Australia  
   111.    Adjournment of Tribunal proceeding pending decision of Federal Court of Australia  
   112.    Tribunal proceeding after determination of question of law by Federal Court of Australia  
   113.    Prescribed period for purposes of subsection 161(2) of the Act  
   114.    Prescribed period for purposes of subsection 161(3) of the Act  
   115.    Suspension of orders of Tribunal pending reference of question of law to Federal Court of Australia  
   116.    Modified operation of Part VI of the Act in relation to suspended Tribunal orders  

           Division 5--Miscellaneous

   117.    Parties to Tribunal proceeding are also parties to ancillary application connected with Tribunal proceeding  
   118.    Extension of time  
   119.    Fees for copies  
   120.    Payment of witnesses' fees and expenses  
   121.    Summons  
   122.    Power to exempt from procedural requirements  
   123.    Effect of non-compliance with this Part  

   PART 12--THE CROWN

   124.    Information on use of copyright material for services of the Crown--subsection 183(4) of the Act  

   PART 13--EXTENSION OR RESTRICTION ON OPERATION OF ACT

   125.    International organizations to which the Act applies--subsection 186(1) of the Act  

   PART 14--MORAL RIGHTS

   126.    Other information and particulars for notices under section 195AT of the Act  

   PART 15--MISCELLANEOUS

   127.    Period for keeping declarations relating to copying in library or archives--subparagraph 203A(1)(b)(iii) and paragraph 203G(b) of the Act  

   PART 16--TRANSITIONAL MATTERS

   128.    Directions about information relating to objection to import of copyright material  
   129.    Objection to import of copyright material into Norfolk Island  
   130.    Limitation on remedies available against carriage service providers  
   131.    Things done under the Copyright Tribunal (Procedure) Regulations 1969  
           SCHEDULE 1 Form of notice near machine for copying works, published editions or audio-visual items
           SCHEDULE 2 Forms for Part 6
           SCHEDULE 3 Forms of summons


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