Federal Register of Legislation - Australian Government

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SR 1980 No. 276 Regulations as made
These Regulations amend the Copyright (International Protection) Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR25-Nov-1980
Tabled Senate25-Nov-1980
Gazetted 25 Sep 1980
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Statutory Rules

1980 No. 276

REGULATIONS UNDER THE COPYRIGHT ACT 19681

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Copyright Act 1968.

          Dated this seventeenth day of September 1980.

                                                                                                                           ZELMAN COWEN

                                                                                                                           Governor-General

          By His Excellency’s Command,

 

P. DURACK

Attorney-General

_______________

AMENDMENTS OF THE COPYRIGHT (INTERNATIONAL
PROTECTION) REGULATIONS2

                Interpretation

          1.   Regulation 3 of the Copyright (International Protection) Regulations is amended—

                (a)    by omitting paragraph (a) of sub-regulation (4) and substituting the following paragraph:

                       “(a)    the overseas Departments and Territories of France shall be deemed to form part of the territory of France;”;

               (b)    by inserting after paragraph (b) of that sub-regulation the following paragraph:

                     “(ba)    the Netherland Antilles shall be deemed to form part of the territory of the Netherlands;”;

                (c)    by omitting paragraph (d) of that sub-regulation and substituting the following paragraph:

                       “(d)    the overseas Provinces of Portugal shall be deemed to form part of the territory of Portugal;”;

               (d)    by omitting from paragraph (e) of that sub-regulation “, the British Solomon Islands Protectorate”; and

                (e)    by omitting from paragraph (f) of that sub-regulation “, the Panama Canal Zone”.

                Application of certain provisions of Act to certain overseas works

          2.   Regulation 9 of the Copyright (International Protection) Regulations is amended by omitting sub-regulations (2) and (3) and substituting the following sub-regulations:

       “(2)   Where a work was first published before the commencement of the Act in a country specified in Part I of Schedule 1, section 210 of the Act applies to the work as if, for the purpose of determining, for the purpose of that section, whether copyright subsisted in a work under the Copyright Act, 1911 immediately before the commencement of the Act, the work was first published in Australia.

       “(3)   Where, in relation to a work that was made before 1 July 1912—

                (a)    the work was first published or performed in; or

               (b)    the author of the work was, at a material time, a national, citizen or resident of,

a country specified in Part I of Schedule 1, Division 5 of Part XI of the Act applies to the work as if—

                (c)    the work was first published or performed in Australia; or

               (d)    the author of the work was, at a material time, an Australian citizen or a resident of Australia.”.

                Schedules

          3.   The First and Second Schedules to the Copyright (International Protection) Regulations are repealed and the Schedule set out in Schedule 1 substituted.

                Third Schedule

          4.   The Third Schedule to the Copyright (International Protection) Regulations is amended by omitting “THIRD SCHEDULE” and substituting “SCHEDULE 3”.

                Further Amendments

          5.   The Copyright (International Protection) Regulations are further amended as set out in Schedule 2.

_______________

                                           SCHEDULE 1                              Regulation 3

                Schedule to be inserted in the Copyright (International Protection) Regulations.

_______________

                                           SCHEDULE 1           Regulations 3, 4, 8, 9, 10 and 11

PART I

 

Arab Republic of Egypt

Greece

Norway

Argentina

Holy See

Pakistan

Austria

Hungary

Philippines

Bahamas

Iceland

Poland

Belgium

India

Portugal

Benin

Ireland

Romania

Brazil

Israel

Senegal

Bulgaria

Italy

South Africa

United Republic of Cameroon

Ivory Coast

Spain

Canada

Japan

Sri Lanka

Central African Republic

Lebanon

Surinam

Chad

Libyan Arab Jamahiriya

Sweden

Chile

Liechtenstein

Switzerland

Congo

Luxembourg

Thailand

Costa Rica

Madagascar

Togo

Cyprus

Mali

Tunisia

Czechoslovakia

Malta

Turkey

Denmark

Mauritania

United Kingdom of Great

Fiji

Mexico

       Britain and Northern Ireland

Finland

Monaco

Upper Volta

France

Morocco

Uruguay

Gabon

Netherlands

Yugoslavia

German Democratic Republic

New Zealand

Zaire

Germany, Federal Republic of

Niger

 

PART II

 

Algeria

Andorra

Bangladesh

Columbia

Cuba

Democratic Kampuchea

Ecuador

El Salvador

Ghana

Guatemala

Haiti

Kenya

Lao People's Democratic

     Republic

Liberia

Malawi

Mauritius

Nicaragua

Nigeria

Panama

Paraguay

Peru

Union of Soviet Socialist Republics

United States of America

Venezuela

Zambia

_______________

                                           SCHEDULE 2                              Regulation 5

 

Provision amended

Amendments

Sub-regulation 3 (1)

Omit “the First Schedule to these Regulations” (wherever occurring) from the definition of “the country of origin”, substitute “Schedule 1”

Sub-regulation 4 (1)

Omit “the First Schedule to these Regulations”, substitute “Schedule 1”.

Sub-regulation 4 (2)

Omit “the First Schedule to these Regulations”, substitute “Schedule 1”.

Sub-regulation 4 (3)

Omit “the First Schedule to these Regulations”, substitute “Schedule 1”.

Sub-regulation 4 (4)

Omit “the First Schedule to these Regulations”, substitute “Schedule 1”.

Sub-regulation 4 (5)

Omit “the First Schedule to these Regulations”, substitute “Schedule 1”.

Regulation 6

Omit “the Third Schedule” (wherever occurring), substitute “Schedule 3”.

Sub-regulation 7 (1)

Omit “the Third Schedule” (wherever occurring), substitute “Schedule 3”.

Regulation 8

Omit “the First Schedule to these Regulations” (wherever occurring), substitute “Schedule 1”

Paragraph 9 (1) (a)

Omit “the First Schedule to these Regulations”, substitute “Schedule 1”.

Sub-regulation 10 (2)

Omit “the First Schedule to these Regulations”, substitute “Schedule 1”.

Sub-regulation 11 (2)

Omit “the First Schedule”, substitute “Schedule 1”.

Sub-regulation 11 (3)

Omit “the First Schedule”, substitute “Schedule 1”.

 

NOTES

1.       Notified in the Commonwealth of Australia Gazette on 25 September 1980.

2.       Statutory Rules 1969 No. 60 as amended by Statutory Rules 1969 No. 65; 1974 No. 137.