Commonwealth Numbered Regulations Commonwealth Numbered 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 carriage service provider means the person designated under section 19 to receive notifications and notices under Part 6 for the 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.
"subject to an infringement notice " under Part 9 has the meaning given by section 42.
"system or network " of a carriage service provider means a system or network controlled or operated by or for the carriage service provider.
"Tribunal proceeding " means a proceeding before the Tribunal.
"user " , in relation to copyright material stored on a carriage service provider's system or network, means the person who directed the carriage service provider to store the copyright material on its system or network.