Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

COPYRIGHT AMENDMENT REGULATIONS 1998 (NO. 1) 1998 NO. 359

STATUTORY RULES 1998 NO. 359

Issued by the authority of the Attorney-General

Copyright Act 1968

Copyright Amendment Regulations 1998 (No. 1)

The Copyright Act 1968 (the Copyright Act) is in practice the exclusive source of copyright in Australia. Section 249 of the Copyright Act provides that the GovernorGeneral may make regulations, not inconsistent with that Act, prescribing all matters that are required or permitted by the Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to that Act.

The Copyright Regulations 1969 (the Principal Regulations) prescribe matters relating to, amongst other things, copyright in original works and other subject-matter, remedies for copyright infringement, and the copying of broadcasts by educational and other institutions.

The Copyright Amendment Regulations 1998 (No. 1) (the Amendment Regulations), made under the authority of section 249, update the Principal Regulations in order to achieve consistancy with the Copyright Act following the enactment of the Copyright Amendment Act (No. 1) 1998 (the Copyright Amendment Act). The Copyright Amendment Act made a number of changes to provisions in the Copyright Act which have related regulations in the Principal Regulations.

The majority of the amendments to the Principal Regulations involve minor changes in terminology, that is, replacing references to "broadcast" with "transmission", "printhandicapped" with "print disability" and "Comptroller-General" with "CEO", where applicable. Other amendments update regulations which relate to provisions of the Copyright Act recently amended by the Copyright Amendment Act, and repeal regulations which refer to previously repealed provisions of the Copyright Act.

Details of the Amendment Regulations are set out in the Attachment.

The Amendment Regulations commence on gazettal.

ATTACHMENT

Regulation 1 names the regulations the Copyright Amendment Regulations 1998 and inserts the appropriate number.

Regulation 2 provides for the regulations to commence on gazettal.

Regulation 3 provides that the Copyright Regulations (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1, Item 1 amends the title of the Principal Regulations, in accordance with current drafting practice, to the Copyright Regulations 1969.

Schedule 1, Item 2 replaces "print-handicapped" in the heading of regulation 4C with "print disability". This amendment ensures consistency with the terminology used in the Copyright Act 1968 (the Copyright Act). Pursuant to Schedule 5 of the Copyright Amendment Act (No. 1) 1998 (the Copyright Amendment Act), references to "printhandicapped" in the Copyright Act were replaced with "print disability".

Schedule 1, Item 3 repeals regulation 21 and inserts a new regulation 21. The new subregulation 21(1) has the same effect as the former subregulation 21(3), but the structure of the subregulation is now simplified.

Subregulation 21 (1) also replaces references to "Comptroller-General" with "CEO". This amendment ensures regulation 21 is consistent with changes to the terminology used in the Copyright Act. Schedule 8 of the Copyright Amendment Act amended the Copyright Act such that references to "Comptroller-General" were replaced by "CEO".

New subregulation 21(2) provides that "CEO" has the same meaning in regulation 21 as it does in Division 7 of Part V of the Copyright Act.

Schedule 1, Item 4 repeals regulation 22 and inserts a new regulation 22, consistently with recent changes to section 135AC of the Copyright Act introduced by the Copyright Amendment Act. Formerly, regulation 22 referred to the previously replaced "paragraph 135AC(2)(a)" of the Copyright Act with respect to the "prescribed period" for instituting an action for copyright infringement. In regulation 22, the "specified period" is now referred to in respect of "subparagraph 135AC(2)(c)(i)" of the Copyright Act.

Schedule 1, Item 5 repeals regulation 23A and inserts a new regulation 23A, consistently with recent changes to Part VA of the Copyright Act introduced by Schedule 10 of the Copyright Amendment Act. Schedule 10 of the Copyright Amendment Act replaced references to "broadcast" with "transmission".

Accordingly, regulation 23A provides that "transmission" has the same meaning in the Principal Regulations as it now does in the Copyright Act.

Schedule 1, Item 6 substitutes references to "broadcast" in regulation 23B with "transmission". This amendment ensures consistency with the terminology now used in the related section of the Copyright Act, that is, section 135K. This section of the Copyright Act was amended by the Copyright Amendment Act, in which references to "broadcast" in Part VA of the Copyright Act (which includes section 135K) were replaced with "transmission".

References to "broadcast" in regulations 23C, 23E and 23F are replaced by "transmission" for the same reason (see Items 7-9).

Schedule 1, Item 10 repeals Part 6 of the Principal Regulations. Part 6 is repealed because it relates to the previously repealed Part VC of the Copyright Act.

Part VC of the Copyright Act was repealed by the Copyright Amendment (Re-enactment) Act 1993, following the High Court's decision in Australian Tape Manufacturers Association Ltd v Commonwealth of Australia (1993) 176 CLR 480. In this case, the High Court declared Part VC to be invalid.

Schedule 1, Item 11 substitutes "print disability" for "print-handicapped" in the heading of Schedule 3A of the Principal Regulations. This amendment ensures consistency with the terminology now used in the Copyright Act, given that Schedule 5 of the Copyright Amendment Act replaced references to "print-handicapped" in the Copyright Act with "print disability".

References to "print-handicapped" in the heading of Schedule 3B to the Principal Regulations are replaced by "print disability" for the same reason (see Item 12).

References to "broadcast" in the heading of Schedule 11 AA to the Principal Regulations and in items 1,3,4,5,6 and 7 of that Schedule are substituted by "transmission", as set out in Items 13 and 14, for the same reason that regulation 23B was amended (see Item 6).