Commonwealth Consolidated Acts

COPYRIGHT ACT 1968

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   4.      Extension to external Territories  
   5.      Exclusion of Imperial Copyright Act, 1911  
   6.      Repeal of Copyright Acts  
   7.      Act to bind the Crown  
   8.      Copyright not to subsist except by virtue of this Act  
   8A.     Prerogative rights of the Crown in the nature of copyright  
   9.      Operation of other laws  
   9A.     Application of the Criminal Code  

   PART II--INTERPRETATION

   10.     Interpretation  
   10AA.   Non - infringing copy of a sound recording  
   10AB.   Non - infringing copy of a computer program  
   10AC.   Non - infringing copy of an electronic literary or music item  
   10AD.   Accessories to imported articles  
   11.     Residence in a country not affected by temporary absence  
   12.     References to Parliament  
   13.     Acts comprised in copyright  
   14.     Acts done in relation to substantial part of work or other subject - matter deemed to be done in relation to the whole  
   15.     References to acts done with licence of owner of copyright  
   16.     References to partial assignment of copyright  
   17.     Statutory employment  
   18.     Libraries established or conducted for profit  
   19.     References to Copyright Act, 1911  
   20.     Names under which work is published  
   21.     Reproduction and copying of works and other subject - matter  
   22.     Provisions relating to the making of a work or other subject - matter  
   23.     Sound recordings and records  
   24.     References to sounds and visual images embodied in an article  
   25.     Provisions relating to broadcasting  
   27.     Performance  
   28.     Performance and communication of works or other subject - matter in the course of educational instruction  
   29.     Publication  
   29A.    Making public  
   30.     Ownership of copyright for particular purposes  
   30A.    Commercial rental arrangement  

   PART III--COPYRIGHT--IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

           Division 1--Nature, duration and ownership of copyright in works

   31.     Nature of copyright in original works  
   32.     Original works in which copyright subsists  
   33.     Duration of copyright in original works  
   35.     Ownership of copyright in original works  

           Division 2--Infringement of copyright in works

   36.     Infringement by doing acts comprised in the copyright  
   37.     Infringement by importation for sale or hire  
   38.     Infringement by sale and other dealings  
   39.     Infringement by permitting place of public entertainment to be used for performance of work  
   39A.    Infringing copies made on machines installed in libraries and archives  
   39B.    Communication by use of certain facilities  

           Division 3--Acts not constituting infringements of copyright in works

   40.     Fair dealing for purpose of research or study  
   41.     Fair dealing for purpose of criticism or review  
   41A.    Fair dealing for purpose of parody or satire  
   42.     Fair dealing for purpose of reporting news  
   43.     Reproduction for purpose of judicial proceedings or professional advice  
   43A.    Temporary reproductions made in the course of communication  
   43B.    Temporary reproductions of works as part of a technical process of use  
   43C.    Reproducing works in books, newspapers and periodical publications in different form for private use  
   44.     Inclusion of works in collections for use by places of education  
   44A.    Importation etc. of books  
   44B.    Reproduction of writing on approved label for containers for chemical product  
   44BA.   Acts done in relation to certain medicine  
   44BB.   Copyright subsisting in works shared for healthcare or related purposes  
   44C.    Copyright subsisting in accessories etc. to imported articles  
   44D.    Import of non - infringing copy of sound recording does not infringe copyright in works recorded  
   44E.    Importation and sale etc. of copies of computer programs  
   44F.    Importation and sale etc. of copies of electronic literary or music items  

           Division 4--Acts not constituting infringements of copyright in literary, dramatic and musical works

   45.     Reading or recitation in public or for a broadcast  
   46.     Performance at premises where persons reside or sleep  
   47.     Reproduction for purpose of broadcasting  
   47AA.   Reproduction for the purpose of simulcasting  

           Division 4A--Acts not constituting infringements of copyright in computer programs

   47AB.   Meaning of computer program  
   47B.    Reproduction for normal use or study of computer programs  
   47C.    Back - up copy of computer programs  
   47D.    Reproducing computer programs to make interoperable products  
   47E.    Reproducing computer programs to correct errors  
   47F.    Reproducing computer programs for security testing  
   47G.    Unauthorised use of copies or information  
   47H.    Agreements excluding operation of certain provisions  

           Division 4B--Acts not constituting infringements of copyright in artistic works

   47J.    Reproducing photograph in different format for private use  

           Division 5--Copying of works in libraries or archives

   48.     Interpretation  
   48A.    Copying by Parliamentary libraries for members of Parliament  
   49.     Reproducing and communicating works by libraries and archives for users  
   50.     Reproducing and communicating works by libraries or archives for other libraries or archives  
   51.     Reproducing and communicating unpublished works in libraries or archives  
   51AA.   Reproducing and communicating works in care of National Archives of Australia  
   52.     Publication of unpublished works kept in libraries or archives  
   53.     Application of Division to illustrations accompanying articles and other works  

           Division 6--Recording of musical works

   54.     Interpretation  
   55.     Conditions upon which manufacturer may make records of musical work  
   57.     Provisions relating to royalty where 2 or more works are on the one record  
   59.     Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work  
   60.     Records made partly for retail sale and partly for gratuitous disposal  
   61.     Making inquiries in relation to previous records  
   64.     Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records  

           Division 7--Acts not constituting infringements of copyright in artistic works

   65.     Sculptures and certain other works in public places  
   66.     Buildings and models of buildings  
   67.     Incidental filming or televising of artistic works  
   68.     Publication of artistic works  
   70.     Reproduction for purpose of including work in television broadcast  
   72.     Reproduction of part of work in later work  
   73.     Reconstruction of buildings  

           Division 8--Designs

   74.     Corresponding design  
   75.     Copyright protection where corresponding design registered  
   76.     False registration of industrial designs under the Designs Act 2003  
   77.     Application of artistic works as industrial designs without registration of the designs  
   77A.    Certain reproductions of an artistic work do not infringe copyright  

           Division 9--Works of joint authorship

   78.     References to all of joint authors  
   79.     References to any one or more of joint authors  
   79A.    References to the identity of none of joint authors being generally known  
   80.     References to whichever of joint authors died last  
   81.     Works of joint authorship published under pseudonyms  
   82.     Copyright to subsist in joint works without regard to any author who is an unqualified person  
   83.     Inclusion of joint works in collections for use in places of education  

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

           Division 1--Preliminary

   84.     Definitions  

           Division 2--Nature of copyright in subject-matter other than works

   85.     Nature of copyright in sound recordings  
   86.     Nature of copyright in cinematograph films  
   87.     Nature of copyright in television broadcasts and sound broadcasts  
   88.     Nature of copyright in published editions of works  

           Division 3--Subject-matter, other than works, in which copyright subsists

   89.     Sound recordings in which copyright subsists  
   90.     Cinematograph films in which copyright subsists  
   91.     Television broadcasts and sound broadcasts in which copyright subsists  
   92.     Published editions of works in which copyright subsists  

           Division 4--Duration of copyright in subject-matter other than works

   93.     Duration of copyright in sound recordings and films  
   95.     Duration of copyright in television broadcasts and sound broadcasts  
   96.     Duration of copyright in published editions of works  

           Division 5--Ownership of copyright in subject-matter other than works

              Subdivision A--Ownership of copyright in subject-matter other than works

   97.     Ownership of copyright in sound recordings  
   98.     Ownership of copyright in cinematograph films  
   99.     Ownership of copyright in television broadcasts and sound broadcasts  
   100.    Ownership of copyright in published editions of works  

              Subdivision B--Specific provisions relating to the ownership of copyright in pre-commencement sound recordings of live performances

   100AA.  Application  
   100AB.  Definitions  
   100AC.  Application of sections 100AD and 100AE  
   100AD.  Makers of pre - commencement sound recordings of live performances  
   100AE.  Ownership of pre - commencement copyright in sound recordings of live performances  
   100AF.  Former owners may continue to do any act in relation to the copyright  
   100AG.  Actions by new owners of copyright  
   100AH.  References to the owner of the copyright in a sound recording  

           Division 6--Infringement of copyright in subject-matter other than works

   100A.   Interpretation  
   101.    Infringement by doing acts comprised in copyright  
   102.    Infringement by importation for sale or hire  
   103.    Infringement by sale and other dealings  
   103A.   Fair dealing for purpose of criticism or review  
   103AA.  Fair dealing for purpose of parody or satire  
   103B.   Fair dealing for purpose of reporting news  
   103C.   Fair dealing for purpose of research or study  
   104.    Acts done for purposes of judicial proceeding  
   104A.   Acts done by Parliamentary libraries for members of Parliament  
   104B.   Infringing copies made on machines installed in libraries and archives  
   104C.   Copyright subsisting in sound recordings and cinematograph films shared for healthcare or related purposes  
   105.    Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast  
   106.    Causing sound recording to be heard at guest house or club  
   107.    Making of a copy of the sound recording for purpose of broadcasting  
   108.    Copyright in published recording not infringed by public performance if equitable remuneration paid  
   109.    Copyright in published sound recording not infringed by broadcast in certain circumstances  
   109A.   Copying sound recordings for private and domestic use  
   110.    Provisions relating to cinematograph films  
   110AA.  Copying cinematograph film in different format for private use  
   110A.   Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives  
   110C.   Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting  
   111.    Recording broadcasts for replaying at more convenient time  
   111A.   Temporary copy made in the course of communication  
   111B.   Temporary copy of subject - matter as part of a technical process of use  
   112.    Reproductions of editions of work  
   112A.   Importation and sale etc. of books  
   112B.   Reproduction of writing on approved label for containers for chemical product  
   112C.   Copyright subsisting in accessories etc. to imported articles  
   112D.   Import of non - infringing copy of a sound recording does not infringe copyright in the sound recording  
   112DA.  Importation and sale etc. of copies of electronic literary or music items  
   112E.   Communication by use of certain facilities  

           Division 7--Miscellaneous

   113.    Copyrights to subsist independently  
   113A.   Agents may act on behalf of groups of performers  
   113B.   Consent to the use of a sound recording of a live performance  
   113C.   Use of published sound recordings when owners cannot be found etc.  

   PART IVA--USES--THAT DO NOT INFRINGE COPYRIGHT

           Division 1--Simplified outline of this Part

   113D.   Simplified outline of this Part  

           Division 2--Access by or for persons with a disability

   113E.   Fair dealing for purpose of access by persons with a disability  
   113F.   Use of copyright material by organisations assisting persons with a disability  

           Division 3--Libraries and archives

              Subdivision A--Public libraries, parliamentary libraries and archives

   113G.   Libraries  
   113H.   Preservation  
   113J.   Research  
   113K.   Administration of the collection  

              Subdivision B--Key cultural institutions

   113L.   Meaning of key cultural institution  
   113M.   Preservation  

           Division 4--Educational institutions--statutory licence

   113N.   Simplified outline of this Division  
   113P.   Copying and communicating works and broadcasts  
   113Q.   Remuneration notices  
   113R.   Equitable remuneration  
   113S.   Educational institutions must assist collecting society  
   113T.   Voluntary licences  
   113U.   Persons acting on behalf of bodies administering educational institutions  

           Division 5--Collecting societies

              Subdivision A--Declaration of collecting society

   113V.   Declaration of collecting society  
   113W.   Requirements for declaration of collecting society  
   113X.   Revocation of declaration  

              Subdivision B--Operation of collecting society

   113Y.   Scope of this Subdivision  
   113Z.   Annual report and accounts  
   113ZA.  Amendment of rules  
   113ZB.  Review of distribution arrangement by Copyright Tribunal  
   113ZC.  Operation of collecting society rules  

   PART V--REMEDIES--AND OFFENCES

           Division 1--Preliminary

   114.    Interpretation  

           Division 2--Actions by owner of copyright

   115.    Actions for infringement  
   115A.   Injunctions relating to online locations outside Australia  
   116.    Rights of owner of copyright in respect of infringing copies  
   116AAA. Compensation for acquisition of property  

           Division 2AA--Limitation on remedies available against service providers

              Subdivision A--Preliminary

   116AA.  Purpose of this Division  
   116AB.  Definitions  
   116ABA. Definition of service provider  

              Subdivision B--Relevant activities

   116AC.  Category A activity  
   116AD.  Category B activity  
   116AE.  Category C activity  
   116AF.  Category D activity  

              Subdivision C--Limitations on remedies

   116AG.  Limitations on remedies  

              Subdivision D--Conditions

   116AH.  Conditions  
   116AI.  Evidence of compliance with conditions  

              Subdivision E--Regulations

   116AJ.  Regulations  

           Division 2A--Actions in relation to technological protection measures and electronic rights management information

              Subdivision A--Technological protection measures

   116AK.  Definitions  
   116AL.  Interaction of this Subdivision with Part VAA  
   116AM.  Geographical application  
   116AN.  Circumventing an access control technological protection measure  
   116AO.  Manufacturing etc. a circumvention device for a technological protection measure  
   116AP.  Providing etc. a circumvention service for a technological protection measure  
   116AQ.  Remedies in actions under this Subdivision  

              Subdivision B--Electronic rights management information

   116B.   Removal or alteration of electronic rights management information  
   116C.   Distribution to the public etc. of works whose electronic rights management information has been removed or altered  
   116CA.  Distribution and importation of electronic rights management information that has been removed or altered  
   116CB.  Exception relating to national security and law enforcement  
   116D.   Remedies in actions under this Subdivision  

           Division 3--Proceedings where copyright is subject to exclusive licence

   117.    Interpretation  
   118.    Application  
   119.    Rights of exclusive licensee  
   120.    Joinder of owner or exclusive licensee as a party  
   121.    Defences available against exclusive licensee  
   122.    Assessment of damages where exclusive licence granted  
   123.    Apportionment of profits between owner and exclusive licensee  
   124.    Separate actions in relation to the same infringement  
   125.    Liability for costs  

           Division 4--Proof of facts in civil actions

   126.    Presumptions as to subsistence and ownership of copyright  
   126A.   Presumptions relating to subsistence of copyright  
   126B.   Presumptions relating to ownership of copyright  
   127.    Presumptions in relation to authorship of work  
   128.    Presumptions in relation to publisher of work  
   129.    Presumptions where author has died  
   129A.   Presumptions relating to computer programs  
   130.    Presumptions relating to sound recordings  
   130A.   Acts relating to imported copies of sound recordings  
   130B.   Acts relating to imported copies of computer programs  
   130C.   Acts relating to imported copies of electronic literary or music items  
   131.    Presumptions relating to films  

           Division 4A--Jurisdiction and appeals

   131A.   Exercise of jurisdiction  
   131B.   Appeals  
   131C.   Jurisdiction of Federal Court of Australia  
   131D.   Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)  

           Division 5--Offences and summary proceedings

              Subdivision A--Preliminary

   132AA.  Definitions  
   132AB.  Geographical application  

              Subdivision B--Substantial infringement on a commercial scale

   132AC.  Commercial - scale infringement prejudicing copyright owner  

              Subdivision C--Infringing copies

   132AD.  Making infringing copy commercially  
   132AE.  Selling or hiring out infringing copy  
   132AF.  Offering infringing copy for sale or hire  
   132AG.  Exhibiting infringing copy in public commercially  
   132AH.  Importing infringing copy commercially  
   132AI.  Distributing infringing copy  
   132AJ.  Possessing infringing copy for commerce  
   132AK.  Aggravated offence--work etc. converted to digital form  
   132AL.  Making or possessing device for making infringing copy  
   132AM.  Advertising supply of infringing copy  

              Subdivision D--Airing of works, sound recordings and films

   132AN.  Causing work to be performed publicly  
   132AO.  Causing recording or film to be heard or seen in public  

              Subdivision E--Technological protection measures

   132APA. Definitions  
   132APB. Interaction of this Subdivision with Part VAA  
   132APC. Circumventing an access control technological protection measure  
   132APD. Manufacturing etc. a circumvention device for a technological protection measure  
   132APE. Providing etc. a circumvention service for a technological protection measure  

              Subdivision F--Electronic rights management information

   132AQ.  Removing or altering electronic rights management information  
   132AR.  Distributing, importing or communicating copies after removal or alteration of electronic rights management information  
   132AS.  Distributing or importing electronic rights management information  
   132AT.  Defences  

              Subdivision G--Evidence

   132AU.  Prosecution to prove profit  
   132A.   Presumptions in relation to subsistence and ownership of copyright  
   132AAA. Presumptions relating to computer programs  
   132B.   Presumptions relating to sound recordings  
   132C.   Presumptions relating to films  

              Subdivision H--Extra court orders

   133.    Destruction or delivery up of infringing copies etc.  

              Subdivision I--Procedure and jurisdiction

   133A.   Courts in which offences may be prosecuted  
   133B.   Infringement notices  

           Division 6--Miscellaneous

   134.    Limitation of actions in respect of infringement of copyright  
   134A.   Affidavit evidence  

           Division 7--Seizure of imported copies of copyright material

   134B.   Interpretation  
   135.    Restriction of importation of copies of works etc.  
   135AA.  Decision not to seize unless expenses are covered  
   135AB.  Secure storage of seized copies  
   135AC.  Notice of seizure  
   135AD.  Inspection, release etc. of seized copies  
   135AE.  Forfeiture of seized copies by consent  
   135AEA. Claim for release of seized copies  
   135AEB. Seized copies not claimed are forfeited  
   135AEC. Late claim for release of seized copies  
   135AED. Objector to be notified of claim  
   135AF.  Release of seized copies to importer  
   135AFA. Copies released but not collected are forfeited  
   135AG.  Provision relating to actions for infringement of copyright  
   135AH.  Retention of control of seized copies  
   135AI.  Disposal of seized copies forfeited to the Commonwealth  
   135AJ.  Failure to meet Commonwealth's expenses of seizure  
   135AK.  Immunity of the Commonwealth  

   PART VAA--UNAUTHORISED--ACCESS TO ENCODED BROADCASTS

           Division 1--Preliminary

   135AL.  Definitions  
   135AM.  Counterclaim  
   135AN.  This Part does not apply to law enforcement activity etc.  

           Division 2--Actions

              Subdivision A--Actions relating to unauthorised decoders

   135AOA. Making or dealing with unauthorised decoder  

              Subdivision B--Actions relating to decoders for subscription broadcasts

   135AOB. Making decoder available online  

              Subdivision C--Actions for unauthorised access to encoded broadcasts

   135AOC. Causing unauthorised access  
   135AOD. Unauthorised commercial use of subscription broadcast  

              Subdivision D--Court orders

   135AOE. Relief  
   135AOF. Destruction of decoder  

              Subdivision E--Jurisdiction and appeals

   135AP.  Exercise of jurisdiction  
   135AQ.  Appeals  
   135AR.  Jurisdiction of Federal Court of Australia  
   135AS.  Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)  

           Division 3--Offences

              Subdivision A--Offences

   135ASA. Making unauthorised decoder  
   135ASB. Selling or hiring unauthorised decoder  
   135ASC. Offering unauthorised decoder for sale or hire  
   135ASD. Commercially exhibiting unauthorised decoder in public  
   135ASE. Importing unauthorised decoder commercially  
   135ASF. Distributing unauthorised decoder  
   135ASG. Making unauthorised decoder available online  
   135ASH. Making decoder available online for subscription broadcast  
   135ASI. Unauthorised access to subscription broadcast etc.  
   135ASJ. Causing unauthorised access to encoded broadcast etc.  

              Subdivision B--Prosecutions

   135ATA. Courts in which offences may be prosecuted  

              Subdivision C--Further orders by court

   135AU.  Destruction etc. of unauthorised decoders  

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

           Division 1--Preliminary

   135ZZI. Definitions  
   135ZZJ. Operation of collecting society rules  
   135ZZJA.Application of Part  

           Division 2--Retransmission of free-to-air broadcasts

   135ZZK. Retransmission of free - to - air broadcasts  
   135ZZL. Remuneration notices  
   135ZZM. Amount of equitable remuneration  
   135ZZN. Record system  
   135ZZP. Inspection of records etc.  
   135ZZQ. Identity cards  
   135ZZR. Revocation of remuneration notice  
   135ZZS. Request for payment of equitable remuneration  

           Division 3--Collecting societies

   135ZZT. Collecting societies  
   135ZZU. Revocation of declaration  
   135ZZV. Annual report and accounts  
   135ZZW. Amendment of rules  
   135ZZWA.Applying to Tribunal for review of distribution arrangement  

           Division 4--Interim retransmissions

   135ZZX. Appointment of notice holder  
   135ZZY. Retransmitting before declaration of collecting society  
   135ZZZ. Notices by retransmitters  
   135ZZZA.Record keeping requirements  
   135ZZZB.Effect of declaration of collecting society  

           Division 5--Miscellaneous

   135ZZZC.Relevant copyright owner may authorise retransmitting  
   135ZZZD.Copyright not to vest under this Part  
   135ZZZE.Licence to retransmit does not authorise copyright infringements  

   PART VD--RE---BROADCASTS BY SATELLITE BSA LICENSEES

           Division 1--Preliminary

   135ZZZF.Definitions  
   135ZZZG.Eligible program and original broadcaster  
   135ZZZH.Operation of collecting society rules  

           Division 2--Re-broadcasts by satellite BSA licensees

   135ZZZI.Re - broadcasts by satellite BSA licensees  
   135ZZZJ.Remuneration notices  
   135ZZZK.Amount of equitable remuneration  
   135ZZZL.Record system  
   135ZZZM.Revocation of remuneration notice  
   135ZZZN.Request for payment of equitable remuneration  

           Division 3--Collecting societies

   135ZZZO.Collecting societies  
   135ZZZP.Revocation of declaration  
   135ZZZQ.Annual report and accounts  
   135ZZZR.Amendment of rules  
   135ZZZS.Applying to Tribunal for review of distribution arrangement  

           Division 4--Interim re-broadcasts

   135ZZZT.Appointment of notice holder  
   135ZZZU.Re - broadcast before declaration of collecting society  
   135ZZZV.Notices by satellite BSA licensees  
   135ZZZW.Record keeping requirements  
   135ZZZX.Effect of declaration of collecting society  

           Division 5--Miscellaneous

   135ZZZY.Relevant copyright owner may authorise re - broadcast  
   135ZZZZ.Copyright not to vest under this Part  
   135ZZZZA.Licence to re - broadcast does not authorise copyright infringements  

   PART VI--COPYRIGHT--TRIBUNAL OF AUSTRALIA

           Division 1--Preliminary

   136.    Interpretation  
   137.    Cases to which licence schemes apply  

           Division 2--Constitution of the Tribunal

   138.    Constitution of Tribunal  
   139.    Appointment of members of Tribunal  
   140.    Qualifications of members  
   141.    Tenure of office  
   141A.   Seniority of Deputy Presidents  
   142.    Acting President  
   143.    Remuneration and allowances  
   144.    Oath or affirmation of office  
   144A.   Disclosure of interests by members  
   144B.   Removal from office for failure to disclose interest  
   145.    Resignation  
   146.    Sittings of the Tribunal  
   147.    President to arrange business of Tribunal  

           Division 3--Applications and references to the Tribunal

              Subdivision B--Applications relating to Parts III and IV

   149.    Applications to Tribunal for determination of remuneration payable for making recording or film of a work  
   150.    Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording  
   151.    Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording  
   152.    Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings  
   152A.   Applications to Tribunal for determination of amount of royalty payable for recording musical works  
   152B.   Applications to Tribunal for determination of manner of paying royalty  
   153.    Applications to Tribunal for apportionment of royalty in respect of a record  

              Subdivision C--Applications and referrals relating to Part IVA

   153A.   Applications and referrals relating to Division 4 of Part IVA  

              Subdivision E--Applications relating to Part VII

   153DF.  Meaning of copyright material  
   153E.   Applications to Tribunal under subsection 183(5)  
   153F.   Applications to Tribunal to declare collecting society for government copies  
   153G.   Applications to Tribunal to revoke a declaration of a collecting society  
   153H.   Time limit for deciding applications under section 153F or 153G  
   153J.   Amendment and revocation of a declaration on the declaration of another collecting society  
   153K.   Applications to Tribunal for method of working out payment for government copies  
   153KA.  Review of collecting society's distribution arrangement  

              Subdivision G--Applications and references relating to Part VC

   153M.   Applications to the Tribunal under subsection 135ZZM(1)  
   153N.   Applications to Tribunal under subsection 135ZZN(3)  
   153P.   References relating to declaration of collecting society  
   153Q.   References relating to revocation of declaration of collecting society  
   153R.   Review of collecting society's distribution arrangement  

              Subdivision GA--Applications and references relating to Part VD

   153RA.  Application to the Tribunal to determine amount payable to owner of copyright in a broadcast  
   153S.   Applications to the Tribunal under paragraph 135ZZZK(1)(b)--equitable remuneration  
   153T.   Applications to Tribunal under paragraph 135ZZZL(3)(b)--record system  
   153U.   References relating to declaration of collecting society  
   153V.   References relating to revocation of declaration of collecting society  
   153W.   Review of collecting society's distribution arrangement  

              Subdivision H--References and applications relating to licences and licence schemes

   154.    Reference of proposed licence schemes to Tribunal  
   155.    Reference of existing licence schemes to Tribunal  
   156.    Further reference of licence schemes to Tribunal  
   157.    Application to Tribunal in relation to licences  
   157A.   Tribunal must have regard to ACCC guidelines on request  
   157B.   Tribunal may make ACCC party to reference or application  
   158.    Effect of licence scheme being continued in operation pending order of the Tribunal  
   159.    Effect of order of Tribunal in relation to licences  

              Subdivision I--General provisions

   160.    Interim orders  
   161.    Reference of questions of law to Federal Court of Australia  
   162.    Agreements or awards not affected  

           Division 4--Procedure and evidence

   163.    Proceedings to be in public except in special circumstances  
   163A.   Application may be made to Tribunal by the agent of the copyright owner  
   164.    Procedure  
   165.    Mistakes or errors in orders of the Tribunal  
   166.    Regulations as to procedure  
   167.    Power to take evidence on oath  
   168.    Evidence in form of written statement  
   169.    Representation  

           Division 4A--Alternative dispute resolution processes

   169A.   Referral of proceeding for alternative dispute resolution process  
   169B.   Directions by President or Deputy President  
   169C.   Agreement about the terms of a decision etc.  
   169D.   Evidence not admissible  
   169E.   Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal  
   169F.   Participation by telephone etc.  
   169G.   Engagement of persons to conduct alternative dispute resolution processes  

           Division 5--Miscellaneous

   170.    Registrar  
   170A.   Other staff of the Tribunal  
   171.    Protecting persons connected with Tribunal proceedings  
   172.    Offences by witnesses  
   173.    Offences relating to the Tribunal  
   174.    Costs of proceedings  
   175.    Proof of orders of Tribunal  

   PART VII--THE--CROWN

           Division 1--Crown copyright

   176.    Crown copyright in original works made under direction of Crown  
   177.    Crown copyright in original works first published in Australia under direction of Crown  
   178.    Crown copyright in recordings and films made under direction of Crown  
   179.    Provisions relating to ownership of copyright may be modified by agreement  
   180.    Duration of Crown copyright in original works, sound recordings and films  
   182.    Application of Parts III and IV to copyright subsisting by virtue of this Part  
   182A.   Copyright in statutory instruments and judgments etc.  

           Division 2--Use of copyright material for the Crown

   182B.   Definitions  
   182C.   Relevant collecting society  
   183.    Use of copyright material for the services of the Crown  
   183A.   Special arrangements for copying for services of government  
   183B.   Payment and recovery of equitable remuneration payable for government copies  
   183C.   Powers of collecting society to carry out sampling  
   183D.   Annual report and accounts of collecting society  
   183E.   Alteration of rules of collecting society  
   183F.   Applying to Tribunal for review of distribution arrangement  

   PART VIII--EXTENSION--OR RESTRICTION OF OPERATION OF ACT

           Division 1--Foreign countries

   184.    Application of Act to countries other than Australia  
   185.    Denial of copyright to citizens of countries not giving adequate protection to Australian works  

           Division 2--International organizations

   186.    Application of Act to international organizations  
   187.    Original works made or first published by international organizations  
   188.    Subject - matter, other than original works, made or first published by international organizations  
   188A.   Duration of international organization copyright  

   PART IX--MORAL--RIGHTS OF PERFORMERS AND OF AUTHORS OF LITERARY, DRAMATIC, MUSICAL OR ARTISTIC WORKS AND CINEMATOGRAPH FILMS

           Division 1--Preliminary

   189.    Definitions  
   190.    Moral rights conferred on individuals  
   191.    Director, producer and screenwriter of cinematograph film  
   191A.   Staging a performance  
   191B.   Conductor to be treated as a performer  
   192.    Rights to be additional to other rights  

           Division 2--Right of attribution of authorship

   193.    Author's right of attribution of authorship  
   194.    Acts giving rise to right of attribution of authorship  
   195.    Nature of the identification of author  
   195AA.  Identification of author to be clear and reasonably prominent  
   195AB.  What is a reasonably prominent identification  

           Division 2A--Right of attribution of performership

   195ABA. Performer's right of attribution of performership  
   195ABB. Acts giving rise to right of attribution of performership  
   195ABC. Nature of the identification of performer  
   195ABD. Identification of performer to be clear and reasonably prominent or audible  
   195ABE. What is a reasonably prominent identification  

           Division 3--Right not to have authorship of a work falsely attributed

   195AC.  Author's right not to have authorship falsely attributed  
   195AD.  Acts of false attribution of authorship of a literary, dramatic or musical work  
   195AE.  Acts of false attribution of authorship of artistic work  
   195AF.  Acts of false attribution of authorship of cinematograph film  
   195AG.  Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work  
   195AH.  Act of false attribution of authorship of altered cinematograph film  

           Division 3A--Right not to have performership falsely attributed

   195AHA. Performer's right not to have performership falsely attributed  
   195AHB. Acts of false attribution of performership  
   195AHC. Act of false attribution of performership of altered recorded performance  

           Division 4--Right of integrity of authorship of a work

   195AI.  Author's right of integrity of authorship  
   195AJ.  Derogatory treatment of literary, dramatic or musical work  
   195AK.  Derogatory treatment of artistic work  
   195AL.  Derogatory treatment of cinematograph film  

           Division 4A--Right of integrity of performership

   195ALA. Performer's right of integrity of performership  
   195ALB. Derogatory treatment of performance  

           Division 5--Duration and exercise of moral rights

              Subdivision A--Duration and exercise of moral rights of authors

   195AM.  Duration of author's moral rights  
   195AN.  Exercise of author's moral rights  

              Subdivision B--Duration and exercise of moral rights of performers

   195ANA. Duration of performer's moral rights for recorded performances  
   195ANB. Exercise of performer's moral rights  

           Division 6--Infringement of moral rights

              Subdivision A--Infringement of moral rights of authors

   195AO.  Infringement of right of attribution of authorship  
   195AP.  Infringement of right not to have authorship falsely attributed  
   195AQ.  Infringement of right of integrity of authorship  
   195AR.  No infringement of right of attribution of authorship if it was reasonable not to identify the author  
   195AS.  No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable  
   195AT.  Certain treatment of works not to constitute an infringement of the author's right of integrity of authorship  
   195AU.  Infringement by importation for sale or other dealing  
   195AV.  Infringement by sale and other dealings  
   195AVA. Matters to be taken into account  
   195AVB. Communication by use of certain facilities  
   195AW.  Author's consent to act or omission--films or works in films  
   195AWA. Author's consent to act or omission--work that is not a film or included in a film  
   195AWB. Consent invalidated by duress or false or misleading statements  
   195AX.  Acts or omissions outside Australia  

              Subdivision B--Infringement of moral rights of performers

   195AXA. Infringement of right of attribution of performership  
   195AXB. Infringement of right not to have performership falsely attributed  
   195AXC. Infringement of right of integrity of performership  
   195AXD. No infringement of right of attribution of performership if it was reasonable not to identify the performer  
   195AXE. No infringement of right of integrity of performership if derogatory treatment or other action was reasonable  
   195AXF. Infringement by importation for sale or other dealing  
   195AXG. Infringement by sale and other dealings  
   195AXH. Matters to be taken into account  
   195AXI. Communication by use of certain facilities  
   195AXJ. Performer's consent to act or omission  
   195AXK. Consent invalidated by duress or false or misleading statements  
   195AXL. Acts or omissions outside Australia  

           Division 7--Remedies for infringements of moral rights

              Subdivision A--Remedies for infringement of moral rights of authors

   195AY.  Definition etc.  
   195AZ.  Actions for infringement of author's moral rights  
   195AZA. Remedies for infringements of author's moral rights  
   195AZD. Presumption as to subsistence of copyright  
   195AZE. Presumption as to subsistence of author's moral rights  
   195AZF. Presumptions in relation to authorship of work  
   195AZG. Other presumptions in relation to literary, dramatic, musical or artistic work  

              Subdivision B--Remedies for infringement of moral rights of performers

   195AZGA.Definition etc.  
   195AZGB.Actions for infringement of performer's moral rights  
   195AZGC.Remedies for infringements of performer's moral rights  
   195AZGD.Presumption as to subsistence of copyright  
   195AZGE.Presumption as to subsistence of performer's moral rights  
   195AZGF.Presumptions in relation to performership  

              Subdivision C--Miscellaneous

   195AZGG.Saving of other rights and remedies  
   195AZGH.Jurisdiction of courts  

           Division 8--Miscellaneous

              Subdivision A--Miscellaneous provisions about moral rights of authors

   195AZH. Parts of works  
   195AZI. Works of joint authorship  
   195AZJ. Cinematograph films that have more than one principal director  
   195AZK. Cinematograph films that have more than one principal producer  
   195AZL. Cinematograph films that have more than one principal screenwriter  
   195AZM. Application--right of attribution of authorship  
   195AZN. Application--right not to have authorship falsely attributed  
   195AZO. Application--right of integrity of authorship  

              Subdivision B--Miscellaneous provisions about moral rights of performers

   195AZP. Parts of performances  
   195AZQ. Performances that have more than one performer  
   195AZR. Application  

   PART X--MISCELLANEOUS

           Division 1--Interpretation

   195A.   Interpretation  

           Division 2--Review

   195B.   Review of certain decisions  

           Division 3--National Library of Australia

   195CA.  Simplified outline  
   195CB.  Copy of certain material to be delivered to the Library  
   195CC.  Library may request a copy of material available online  
   195CD.  Delivering material to the Library  
   195CE.  Meaning of National Library material  
   195CF.  Meaning of available online  
   195CG.  Infringement notices  
   195CH.  Relationship with State and Territory laws  
   195CI.  Delegation  
   195CJ.  Legislative instruments  

           Division 4--Other matters

   196.    Assignments and licences in respect of copyright  
   197.    Prospective ownership of copyright  
   198.    Copyright to pass under will with unpublished work  
   199.    Reception of broadcasts  
   200.    Use of works and broadcasts for educational purposes  
   200AAA. Proxy web caching by educational institutions  
   200AB.  Use of works and other subject - matter for certain purposes  
   202.    Groundless threats of legal proceedings in relation to copyright infringement  
   202A.   Groundless threats of legal proceedings in relation to technological protection measures  
   203.    Limitation on power of courts to grant relief in proceedings under this Act  
   203A.   Offence--failing to keep declarations relating to copying in library or archives  
   203E.   Inspection of records and declarations retained in records of libraries and archives  
   203F.   False and misleading declarations  
   203G.   Offence--disposing of or destroying certain declarations  
   203H.   Notation of certain copies etc.  

   PART XI--TRANSITIONAL

           Division 1--Preliminary

   204.    Interpretation  
   205.    References to making of works, recordings and films  
   206.    References in other laws or instruments to copyright  
   207.    Application  
   208.    Authorship of photographs  
   209.    Publication  

           Division 2--Original works

   210.    Expired copyright not to revive  
   211.    Original works in which copyright subsists  
   213.    Ownership of copyright  
   214.    Infringement by importation, sale and other dealings  
   215.    Recording of musical works  
   216.    Publication of artistic works  
   217.    Reconstruction of buildings  
   218.    Industrial designs  
   219.    Reproduction of work upon payment of royalties  

           Division 3--Subject-matter other than works

   220.    Sound recordings  
   221.    Cinematograph films  
   222.    Application of Act to dramatic works and photographs comprised in cinematograph films  
   223.    Television broadcasts and sound broadcasts  
   224.    Published editions of works  
   225.    Infringement by importation, sale and other dealings  

           Division 4--Miscellaneous

   226.    Actions for infringement  
   227.    Infringing copies  
   228.    Actions where copyright subject to exclusive licence  
   229.    Offences and summary proceedings  
   230.    Limitation of actions  
   231.    Restriction of importation of printed copies of works  
   232.    References and applications to Tribunal in relation to licence schemes  
   235.    Crown copyright in films  
   236.    Works made or published by international organizations  
   237.    Subject - matter, other than original works, made or published by international organizations  
   239.    Assignments and licences  
   240.    Bequests  
   242.    Groundless threats of legal proceedings  

           Division 5--Works made before 1 July, 1912

   243.    Interpretation  
   244.    Application  
   245.    Rights conferred by Copyright Act, 1911  
   246.    Performing rights  
   247.    Contributions to periodicals  
   248.    Assignments and licences  

   PART XIA--PERFORMERS----PROTECTION

           Division 1--Preliminary

   248A.   Interpretation  
   248B.   Educational purposes  
   248C.   Exempt recordings cease to be exempt recordings in certain circumstances  
   248CA.  Protection period  
   248D.   Private and domestic use  
   248F.   Application  

           Division 2--Actions by performers

   248G.   What constitutes unauthorised use  
   248H.   Copying sound recordings for broadcasting  
   248J.   Actions for unauthorised use  
   248K.   Exercise of jurisdiction  
   248L.   Appeals  
   248M.   Jurisdiction of Federal Court  
   248MA.  Jurisdiction of Federal Circuit and Family Court of Australia (Division 2)  
   248N.   Right to bring an action not assignable  

           Division 3--Offences

              Subdivision A--General offences

   248P.   Scope of this Subdivision  
   248PA.  Unauthorised direct recording during protection period  
   248PB.  Unauthorised indirect recording during protection period  
   248PC.  Unauthorised communication to public during 20 - year protection period  
   248PD.  Playing unauthorised recording publicly during 20 - year protection period  
   248PE.  Possessing equipment to make or copy unauthorised recording  
   248PF.  Copying unauthorised recording  
   248PG.  Unauthorised copying of exempt recording  
   248PH.  Unauthorised copying of authorised sound recording  
   248PI.  Selling etc. unauthorised recording  
   248PJ.  Distributing unauthorised recording  
   248PK.  Commercial possession or import of unauthorised recording  
   248PL.  Exhibiting unauthorised recording in public by way of trade  
   248PM.  Importing unauthorised recording for exhibition by way of trade  

              Subdivision B--Acts relating to sound recordings of performances given before 1 July 1995

   248QA.  Scope of this Subdivision  
   248QB.  Possessing equipment for copying unauthorised sound recording  
   248QC.  Copying unauthorised sound recording  
   248QD.  Selling etc. unauthorised sound recording  
   248QE.  Distributing unauthorised sound recording  
   248QF.  Commercial possession or import of unauthorised sound recording  
   248QG.  Exhibiting unauthorised sound recording in public by way of trade  
   248QH.  Importing unauthorised sound recording for exhibition by way of trade  

              Subdivision C--Prosecution and infringement notices

   248R.   Courts in which offences may be prosecuted  
   248S.   Protection against multiple proceedings for same act  
   248SA.  Infringement notices  

              Subdivision D--Destruction or delivery up of unauthorised recordings

   248T.   Destruction or delivery up of unauthorised recordings  

           Division 4--Extension of protection to foreign countries

   248U.   Application to foreign countries  
   248V.   Denial of protection to citizens of countries not giving adequate protection to Australian performances  

   PART XII--REGULATIONS

   249.    Regulations  
           SCHEDULE