Commonwealth Numbered Regulations

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COPYRIGHT REGULATIONS 2017 (F2017L01649) - REG 30

Notice to user

             (1)  As soon as practicable after removing, or disabling access to, the copyright material under condition 2A of item 4 of the table in subsection 116AH(1) of the Act, the carriage service provider must send to the user who directed the carriage service provider to store the copyright material on its system or network a notice stating:

                     (a)  that the copyright material has been removed, or access to it has been disabled; and

                     (b)  the grounds for removing, or disabling access to, the copyright material; and

                     (c)  that the user may, within 3 months after receiving the notice, give a counter-notice in accordance with section 31 of the Copyright Regulations 2017 to the carriage service provider's designated representative:

                              (i)  disputing the grounds for removing, or disabling access to, the copyright material; and

                             (ii)  requesting the carriage service provider to restore, or enable access to, the copyright material on the carriage service provider's system or network.

             (2)  A carriage service provider is taken to have complied with subsection (1) if:

                     (a)  the carriage service provider has taken reasonable steps to identify the user but has been unable to do so; or

                     (b)  the carriage service provider sends the notice to the user as required by subsection (1) but it is not received by the user.



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