Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This table sets out the conditions for each of the categories of activities.
Conditions | ||
Item | Activity | Conditions |
1 | All categories | 1. The service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the accounts of repeat infringers. 2. If there is a relevant industry code in force--the service provider must comply with the relevant provisions of that code relating to accommodating and not interfering with standard technical measures used to protect and identify copyright material. |
2 | Category A | 1. Any transmission of copyright material in carrying out this activity must be initiated by or at the direction of a person other than the service provider. 2. The service provider must not make substantive modifications to copyright material transmitted. This does not apply to modifications made as part of a technical process. |
3 | Category B | 1. If the copyright material that is cached is subject to conditions on user access at the originating site, the service provider must ensure that access to a significant part of the cached copyright material is permitted only to users who have met those conditions. 2. If there is a relevant industry code in force--the service provider must comply with the relevant provisions of that code relating to: (a) updating the cached copyright material; and (b) not interfering with technology used at the originating site to obtain information about the use of the copyright material. 3. The service provider must expeditiously remove or disable access to cached copyright material upon notification in the prescribed form that the material has been removed or access to it has been disabled at the originating site. 4. The service provider must not make substantive modifications to the cached copyright material as it is transmitted to subsequent users. This does not apply to modifications made as part of a technical process. |
4 | Category C | 1. The service provider must not receive a financial benefit that is directly attributable to the infringing activity if the service provider has the right and ability to control the activity. 2. The service provider must expeditiously remove or disable access to copyright material residing on its system or network upon receipt of a notice in the prescribed form that the material has been found to be infringing by a court. 2A. The service provider must act expeditiously to remove or disable access to copyright material residing on its system or network if the service provider: (a) becomes aware that the material is infringing; or (b) becomes aware of facts or circumstances that make it apparent that the material is likely to be infringing. The service provider does not, in an action relating to this Division, bear any onus of proving a matter referred to in paragraph (a) or (b). 3. The service provider must comply with the prescribed procedure in relation to removing or disabling access to copyright material residing on its system or network. |
5 | Category D | 1. The service provider must not receive a financial benefit that is directly attributable to the infringing activity if the service provider has the right and ability to control the activity. 2. The service provider must expeditiously remove or disable access to a reference residing on its system or network upon receipt of a notice in the prescribed form that the copyright material to which it refers has been found to be infringing by a court. 2A. The service provider must act expeditiously to remove or disable access to a reference residing on its system or network if the service provider: (a) becomes aware that the copyright material to which it refers is infringing; or (b) becomes aware of facts or circumstances that make it apparent that the copyright material to which it refers is likely to be infringing. The service provider does not, in an action relating to this Division, bear any onus of proving a matter referred to in paragraph (a) or (b). 3. The service provider must comply with the prescribed procedure in relation to removing or disabling a reference residing on its system or network. |
(2) Nothing in the conditions is to be taken to require a service provider to monitor its service or to seek facts to indicate infringing activity except to the extent required by a standard technical measure mentioned in condition 2 in table item 1 in the table in subsection (1).
(3) In deciding, for the purposes of condition 1 in table items 4 and 5 in the table in subsection (1), whether a financial benefit is otherwise directly attributable to the infringing activity referred to in that condition, a court must have regard to:
(a) industry practice in relation to the charging of services by service providers, including charging based on level of activity; and
(b) whether the financial benefit was greater than the benefit that would usually result from charging in accordance with accepted industry practice.
The court may have regard to other matters it considers relevant.
(4) An act done by a service provider in complying with the prescribed procedure referred to in condition 3 in table item 4 in the table in subsection (1) does not constitute a failure to satisfy condition 2A in that item.