1996-97

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Copyright Amendment Bill 1997

No.      , 1997

(Attorney-General)

A Bill for an Act to amend the Copyright Act 1968, and for related purposes
  9708320—1,019/16.6.1997—(83/97)   Cat. No. 96 9166 9   ISBN 0644 504609

Contents
1	Short title	
2	Commencement	
3	Schedule(s)	
Schedule 1—Moral rights of authors of works and directors and producers of films	
Copyright Act 1968	
Schedule 2—Employed journalists’ copyright	
Copyright Act 1968	
Schedule 3—Labelling and packaging etc. of imported goods etc.	
Copyright Act 1968	
Schedule 4—Conversion and detention	
Copyright Act 1968	
Schedule 5—Copying for the services of the Commonwealth, State and Territory Governments	
Copyright Act 1968	
Schedule 6—People with an intellectual disability and people with a print disability	
Copyright Act 1968	
Schedule 7—Copying of works etc. by institutions	
Copyright Act 1968	
Schedule 8—Copyright Tribunal	
Copyright Act 1968	
Schedule 9—Imported copies of copyright material	
Copyright Act 1968	
Schedule 10—Educational institutions	
Copyright Act 1968	
Schedule 11—Minor amendments	
Copyright Act 1968	

A Bill for an Act to amend the Copyright Act 1968, and for related purposes
The Parliament of Australia enacts:
1  Short title
		This Act may be cited as the Copyright Amendment Act 1997.
2  Commencement
		This Act commences on the day on which it receives the Royal Assent.
3  Schedule(s)
		Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Moral rights of authors of works and directors and producers of films
  
Copyright Act 1968
1  Part IX
Repeal the Part, substitute:
Part IX—Moral rights of authors of literary, dramatic, musical or artistic works and directors and producers of cinematograph films
Division 1—Preliminary
189  Definitions
		In this Part, unless the contrary intention appears:
act of false attribution has the meaning given by subsection 195AB(2).
artistic work means an artistic work in which copyright subsists.
attributable act has the meaning given by subsection 192(2).
attributor has the meaning given by subsection 195AB(2).
author, in relation to a cinematograph film, means the maker of the film. 
cinematograph film means the complete and final version for release of a cinematograph film in which copyright subsists.
deal means sell, let for hire, by way of trade offer or expose for sale or hire, exhibit in public, or distribute and, in Division 3, includes publish.
derogatory treatment has the relevant meaning given by Division 4.
director, in relation to a cinematograph film, has a meaning affected by section 190.
dramatic work means a dramatic work in which copyright subsists.
infringing article means:
	(a)	a literary, dramatic, musical or artistic work or a reproduction of such a work; or
	(b)	a cinematograph film or a copy of such a film;
in respect of which a moral right of the author has been infringed.
literary work means a literary work in which copyright subsists.
maker, in relation to a cinematograph film, means the director of the film and the producer of the film.
moral right means:
	(a)	a right of attribution of authorship; or
	(b)	a right not to have authorship falsely attributed; or 
	(c)	a right of integrity of authorship.
musical work means a musical work in which copyright subsists.
name, in Division 3, includes a pseudonym, initials or a monogram.
producer, in relation to a cinematograph film, has the meaning given by section 190.
right not to have authorship falsely attributed has the meaning given by Division 3.
right of attribution of authorship has the meaning given by Division 2. 
right of integrity of authorship has the meaning given by Division 4.
transmit means:
	(a)	broadcast; or
	(b)	cause to be transmitted to subscribers to a diffusion service.
work means a literary work, a dramatic work, a musical work, an artistic work or a cinematograph film.
190  Director and producer of cinematograph film
	(1)	A reference in this Part to the director of a cinematograph film in the direction of which 2 or more individuals were involved is a reference to the principal director of the film and does not include a reference to any subsidiary director, whether described as an associate director, line director, assistant director or in any other way.
	(2)	A reference in this Part to the producer of a cinematograph film is a reference to:
	(a)	the individual who was the producer of the film; or
	(b)	if there were 2 or more individuals involved in the production of the film—the individual who was the principal producer of the film;
and does not include a reference to any subsidiary producer, whether described as an executive producer, associate producer, line producer, assistant producer or in any other way.
Note:	If there were 2 or more principal directors, or 2 or more individuals who were the principal producers, of a cinematograph film, section 195AZJ or 195AZK applies.
	(3)	If the producer of a cinematograph film was a body corporate, the only moral rights in respect of the film are those of the director.
191  Rights to be additional to other rights
		The moral rights of the author of a work are in addition to any other rights in relation to the work that the author or anyone else has under this Act.
Division 2—Right of attribution of authorship
192  Author’s right of attribution of authorship
	(1)	The author of a work has a right of attribution of authorship in respect of the work.
	(2)	The author’s right is the right to be identified in accordance with this Division as the author of the work if any of the acts (the attributable acts) mentioned in section 193 are done in respect of the work.
193  Acts giving rise to right of attribution of authorship 
	(1)	If the work is a literary, dramatic or musical work, the attributable acts are:
	(a)	to reproduce the work in a material form;
	(b)	to publish the work; 
	(c)	to perform the work in public;
	(d)	to transmit the work;
	(e)	to make an adaptation of the work.
	(2)	If the work is an artistic work, the attributable acts are:
	(a)	to reproduce the work in a material form;
	(b)	to publish the work; 
	(c)	to exhibit the work to the public;
	(d)	to transmit the work.
	(3)	If the work is a cinematograph film, the attributable acts are:
	(a)	to make a copy of the film;
	(b)	to exhibit the film in public;
	(c)	to transmit the film.
194  Nature of the identification of author 
	(1)	Subject to subsection (2), the author of a work may be identified by any reasonable form of identification.
	(2)	If:
	(a)	the author of a work has made known, either generally or to a person who is required under this Part to identify the author, that the author wishes to be identified in a particular way; and
	(b)	the identification of the author in that way is reasonable in the circumstances;
the identification is to be made in that way.
195  Identification of author to be clear and reasonably prominent
		An identification of the author of a work must be clear and reasonably prominent.
195AA  What is a reasonably prominent identification
		When a literary, dramatic, musical or artistic work is reproduced in a material form, an adaptation is made of a literary, dramatic or musical work, or a copy of a cinematograph film is made, an identification of the author is taken to be reasonably prominent if it is included on each reproduction of the work or of the adaptation or on each copy of the film, as the case may be, in such a way that a person acquiring the reproduction or copy will have notice of the author’s identity.
Division 3—Right not to have authorship of a work falsely attributed
195AB  Author’s right not to have authorship falsely attributed
	(1)	The author of a work has a right not to have authorship of the work falsely attributed.
	(2)	The author’s right is the right not to have a person (the attributor) do, in respect of the work, any of the acts (the acts of false attribution) mentioned in the following provisions of this Division.
195AC  Acts of false attribution of authorship of a literary, dramatic or musical work
		If the work is a literary, dramatic or musical work, it is an act of false attribution in relation to the author of the work:
	(a)	to insert or affix a person’s name in or on the work, or in or on a reproduction of the work, in such a way as:
	(i)	to imply falsely that the person is the author or an author of the work; or
	(ii)	to imply falsely that the work is an adaptation of a work of the person;
	(b)	to deal with the work with a person’s name so inserted or affixed, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of a work of the person, as the case may be;
	(c)	to deal with a reproduction of the work, being a reproduction in or on which a person’s name has been so inserted or affixed, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of a work of the person, as the case may be;
	(d)	to perform in public or transmit the work as being a work of which a person is the author or as being an adaptation of a work of a person, if the attributor knows that the person is not an author of the work or that the work is not an adaptation of the work of the person, as the case may be.
195AD  Acts of false attribution of authorship of artistic work
	(1)	This section applies if the work is an artistic work.
	(2)	It is an act of false attribution in relation to the author of the work:
	(a)	to insert or affix a person’s name in or on the work, or a reproduction of the work, or to use a person’s name in connection with the work, or a reproduction of the work, in such a way as to imply falsely that the person is an author of the work; 
	(b)	to deal with the work with a person’s name so inserted or affixed, if the attributor knows that the person is not an author of the work;
	(c)	to deal with a reproduction of the work, being a reproduction in or on which a person’s name has been so inserted or affixed, if the attributor knows that the person is not an author of the work;
	(d)	to transmit the work as being a work of which a person is the author, if the attributor knows that the person is not an author of the work.
195AE  Acts of false attribution of authorship of cinematograph film
	(1)	This section applies if the work is a cinematograph film.
	(2)	It is an act of false attribution in relation to the director of the film:
	(a)	to insert or affix a person’s name on the film or a copy of the film in such a way as to imply falsely that the person is the director of the film;
	(b)	to deal with the film or a copy of the film if a person’s name has been so inserted or affixed on the film or a copy, as the case may be, and the attributor knows that the person is not the director of the film;
	(c)	to transmit the film, as being a film of which a person is the director, if the attributor knows that the person is not the director of the film.
	(3)	It is an act of false attribution in relation to the producer of the film:
	(a)	to insert or affix a person’s name on the film or a copy of the film in such a way as to imply falsely that the person is the producer of the film;
	(b)	to deal with the film or a copy of the film if a person’s name has been so inserted or affixed on the film or copy, as the case may be, and the attributor knows that the person is not the producer of the film;
	(c)	to transmit the film, as being a film of which a person is the producer, if the attributor knows that the person is not the producer of the film.
195AF  Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work
	(1)	If the work is a literary, dramatic, musical or artistic work that has been altered by a person other than the author of the work, it is an act of false attribution in relation to the author of the work:
	(a)	to deal with the work as so altered, as being the unaltered work of the author; or
	(b)	to deal with a reproduction of the work as so altered, as being a reproduction of the unaltered work of the author;
if, to the knowledge of the attributor, it is not the unaltered work or a reproduction of the unaltered work, as the case may be, of the author.
	(2)	Subsection (1) does not apply if the alteration:
	(a)	was of a minor or insubstantial nature; or
	(b)	was required by law to be made or was otherwise necessary to avoid a breach of any law.
195AG  Act of false attribution of authorship of altered cinematograph film
	(1)	If the work is a cinematograph film that has been altered by a person other than the director or producer of the film, it is an act of false attribution in relation to the director, and in relation to the producer, of the film to deal with a copy of the film as so altered, as being a copy of the unaltered film, if, to the knowledge of the attributor, the copy of the film is not a copy of the unaltered film.
	(2)	Subsection (1) does not apply if the alteration:
	(a)	was of a minor or insubstantial nature; or
	(b)	was required by law to be made or was otherwise necessary to avoid a breach of any law.
Division 4—Right of integrity of authorship of a work
195AH  Author’s right of integrity of authorship
	(1)	The author of a work has a right of integrity of authorship in respect of the work.
	(2)	The author’s right is the right not to have the work subjected to derogatory treatment.
195AI  Derogatory treatment of literary, dramatic or musical work
		In this Part:
derogatory treatment, in relation to a literary, dramatic or musical work, means:
	(a)	the doing, in relation to the work, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the work that is prejudicial to the author’s honour or reputation; or
	(b)	the doing of anything else in relation to the work that is prejudicial to the author’s honour or reputation.
195AJ  Derogatory treatment of artistic work
		In this Part:
derogatory treatment, in relation to an artistic work, means:
	(a)	the doing, in relation to the work, of anything that results in a material distortion of, the destruction or mutilation of, or a material alteration to, the work that is prejudicial to the author’s honour or reputation; or
	(b)	an exhibition in public of the work, or of a reproduction of the work, that is prejudicial to the author’s honour or reputation because of the manner or place in which the exhibition occurs; or
	(c)	the doing of anything else in relation to the work that is prejudicial to the author’s honour or reputation.
195AK  Derogatory treatment of cinematograph film
		In this Part:
derogatory treatment, in relation to a cinematograph film, means:
	(a)	the doing, in relation to the film, of anything that results in a material distortion of, the mutilation of, or a material alteration to, the film that is prejudicial to the maker’s honour or reputation; or
	(b)	the doing of anything else in relation to the film that is prejudicial to the honour or reputation of the maker of the film.
Division 5—Duration and exercise of moral rights
195AL  Duration of moral rights
		The moral rights in respect of a work continue in force until copyright ceases to subsist in the work.
195AM  Exercise of moral rights
	(1)	If the author of the work dies or his or her affairs are lawfully administered by another person, the author’s moral rights in respect of the work may be exercised and enforced by his or her legal personal representative or by the person administering his or her affairs, as the case may be.
	(2)	Subject to subsection (1), a moral right in respect of a work is not transmissible by assignment, by will, or by devolution by operation of law.
Division 6—Infringement of moral rights
195AN  Infringement of right of attribution of authorship
		Subject to this Division, a person infringes an author’s right of attribution of authorship in respect of a work if the person does an attributable act in respect of the work without identifying the author in accordance with Division 2 as the author of the work. 
195AO  Infringement of right not to have authorship falsely attributed
		Subject to this Division, a person infringes an author’s right not to have authorship of a work falsely attributed if the person does an act of false attribution in respect of the work. 
195AP  Infringement of right of integrity of authorship
	(1)	This section has effect subject to this Division.
	(2)	A person infringes an author’s right of integrity of authorship in respect of a work if the person subjects the work to derogatory treatment.
	(3)	If a literary, dramatic or musical work has been subjected to derogatory treatment that infringes the author’s right of integrity of authorship in respect of the work, a person infringes the author’s right of integrity of authorship in respect of the work if the person does any of the following in respect of the derogatorily treated work:
	(a)	reproduces it in a material form;
	(b)	publishes it;
	(c)	performs it in public;
	(d)	transmits it;
	(e)	makes an adaptation of it.
	(4)	If an artistic work has been subjected to derogatory treatment of a kind mentioned in paragraph (a) of the definition of derogatory treatment in section 195AJ that infringes the author’s right of integrity of authorship in respect of the work, a person infringes the author’s right of integrity of authorship in respect of the work if the person does any of the following in respect of the derogatorily treated work:
	(a)	reproduces it in a material form;
	(b)	publishes it;
	(c)	transmits it.
	(5)	If a cinematograph film has been subjected to derogatory treatment that infringes the author’s right of integrity of authorship in respect of the film, a person infringes the author’s right of integrity of authorship in respect of the film if the person does any of the following in respect of the derogatorily treated film:
	(a)	makes a copy of it;
	(b)	exhibits it;
	(c)	transmits it.
195AQ  No infringement of right of attribution of authorship if it was reasonable not to identify the author
	(1)	A person who does an attributable act in respect of a work does not, by failing to identify the author of the work, infringe the author’s right of attribution of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances not to identify the author.
	(2)	The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify the author of a literary, dramatic, musical or artistic work include the following:
	(a)	the nature of the work;
	(b)	the purpose for which the work is used;
	(c)	the manner in which the work is used;
	(d)	the context in which the work is used;
	(e)	any practice, in the industry in which the work is used, that is relevant to the work or the use of the work;
	(f)	any difficulty or expense that would be incurred as a result of identifying the author;
	(g)	whether the work was made in the course of the author’s employment.
	(3)	The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances not to identify the maker of a cinematograph film include the following:
	(a)	the nature of the film;
	(b)	whether the primary purpose for which the film was made was for exhibition at cinemas, for broadcasting by television or for some other purpose;
	(c)	the purpose for which the film is used;
	(d)	the manner in which the film is used;
	(e)	the context in which the film is used;
	(f)	any practice, in the industry in which the film is used, that is relevant to the film or the use of the film;
	(g)	any difficulty or expense that would be incurred as a result of identifying the maker;
	(h)	whether the film was made in the course of the employment of the director or producer.
195AR  No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable
	(1)	A person does not, by subjecting a work to derogatory treatment, infringe the author’s right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to subject the work to the treatment.
	(2)	The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a literary, dramatic, musical or artistic work to derogatory treatment include the following:
	(a)	the nature of the work;
	(b)	the purpose for which the work is used;
	(c)	the manner in which the work is used;
	(d)	the context in which the work is used;
	(e)	any practice, in the industry in which the work is used, that is relevant to the work or the use of the work;
	(f)	whether the work was made in the course of the author’s employment;
	(g)	whether the treatment was required by law or was otherwise necessary to avoid a breach of any law.
	(3)	The matters to be taken into account in determining for the purposes of subsection (1) whether it was reasonable in particular circumstances to subject a cinematograph film to derogatory treatment include the following:
	(a)	the nature of the film;
	(b)	whether the primary purpose for which the film was made was for exhibition at cinemas, for broadcasting by television or for some other use;
	(c)	the purpose for which the film is used;
	(d)	the manner in which the film is used;
	(e)	the context in which the film is used;
	(f)	any practice, in the industry in which the film is used, that is relevant to the film or the use of the film;
	(g)	whether the film was made in the course of the employment of the director or producer who alleges that the treatment was derogatory;
	(h)	whether the treatment was required by law or was otherwise necessary to avoid a breach of any law.
	(4)	A person who does any act referred to in subsection 195AP(3), (4) or (5) in respect of a work that has been subjected to derogatory treatment of a kind mentioned in that subsection does not, by doing that act, infringe the author’s right of integrity of authorship in respect of the work if the person establishes that it was reasonable in all the circumstances to do that act.
195AS  Certain treatment of artistic work not to constitute an infringement of the author’s right of integrity of authorship
	(1)	The destruction of a moveable artistic work is not an infringement of the author’s right of integrity of authorship in respect of the work if the person who destroyed the work gave the author a reasonable opportunity to remove the work from the place where it was situated.
	(2)	A change in a structure containing an artistic work is not an infringement of the author’s right of integrity of authorship in respect of the work.
	(3)	Anything done in good faith to restore or preserve an artistic work is not, by that act alone, an infringement of the author’s right of integrity of authorship in respect of the work.
195AT  Infringement by importation for sale or other dealing
	(1)	An author’s moral right in respect of a work is infringed by a person who imports an article into Australia for the purpose of dealing with the article if the importer knew, or ought reasonably to have known, that, if the article had been made in Australia, it would have been an infringing article.
	(2)	In subsection (1):
dealing with does not include distributing except where the proposed distribution is for the purposes of sale.
195AU  Infringement by sale and other dealings
	(1)	An author’s moral right in respect of a work is infringed by a person who, in Australia, deals with an article if the person knew, or ought reasonably to have known, that the article was an infringing article or, in respect of an imported article, would, if it had been made in Australia, have been an infringing article.
	(2)	In subsection (1):
deals with does not include distributes, except where the distribution is for the purposes of sale.
195AV  Author’s consent to act or omission
	(1)	It is not an infringement of a moral right of an author in respect of a work to do, or omit to do, something if the author has consented in writing to the act or omission.
	(2)	This section does not apply to a moral right that the author has waived under section 195AZG.
195AW  Acts or omissions outside Australia
		It is not an infringement of an author’s moral right in respect of a work to do, or omit to do, something outside Australia.
Division 7—Remedies for infringements of moral rights
195AX  Interpretation
	(1)	In this Division:
action means a proceeding of a civil nature between parties, and includes a counterclaim.
	(2)	In the application of this Division in relation to a counterclaim, references to the defendant are taken to be references to the plaintiff.
195AY  Actions for infringement of moral rights
		If a person infringes any of the moral rights of an author in respect of a work, the infringement is not an offence but the author or the author’s legal personal representative may bring an action in respect of the infringement.
195AZ  Remedies for infringements of moral rights
	(1)	Subject to section 203, the relief that a court may grant in an action for an infringement of any of an author’s moral rights in respect of a work includes any one or more of the following:
	(a)	an injunction (subject to any terms that the court thinks fit); 
	(b)	damages for loss resulting from the infringement;
	(c)	a declaration that a moral right of the author has been infringed;
	(d)	an order that the defendant make a public apology for the infringement;
	(e)	an order that any false attribution of authorship, or derogatory treatment, of the work be removed or reversed.
	(2)	In exercising its discretion as to the appropriate relief to be granted, the court may take into account any of the following:
	(a)	whether the defendant was aware, or ought reasonably to have been aware, of the author’s moral rights;
	(b)	the extent of any damage to the work;
	(c)	the number, and categories, of people who have seen or heard the work;
	(d)	anything done by the defendant to mitigate the effects of the infringement;
	(e)	if the moral right that was infringed was a right of attribution of authorship—any cost or difficulty associated with identifying the author;
	(f)	any cost or difficulty in removing or reversing any false attribution of authorship, or derogatory treatment, of the work.
	(3)	If, in respect of an act done after the death of an author of a work, damages are recovered under this section by the legal personal representative of the author, those damages devolve as if they formed part of the author’s estate and as if the right of action in respect of the doing of the act had subsisted, and had been vested in the author, immediately before his or her death.
195AZA  Saving of other rights and remedies
	(1)	Subject to this section, this Part does not affect any right of action or other remedy, whether civil or criminal, in proceedings brought otherwise than under this Part.
	(2)	Any damages recovered in proceedings brought under this Part are to be taken into account in assessing damages in proceedings brought otherwise than under this Part and arising out of the same operation or transaction.
	(3)	Any damages recovered in proceedings brought otherwise than under this Part are to be taken into account in proceedings brought under this Part and arising out of the same operation or transaction.
195AZB  Jurisdiction of courts
	(1)	The jurisdiction of the Supreme Court of a State or Territory in a matter arising under this Part is to be exercised by a single Judge of the Court.
	(2)	Subject to subsection (3), a decision of a court of a State or Territory (however constituted) under this Part is final.
	(3)	An appeal lies from a decision of a court of a State or Territory under this Part:
	(a)	to the Federal Court of Australia; or
	(b)	by special leave of the High Court, to the High Court.
	(4)	The Federal Court of Australia has jurisdiction with respect to matters arising under this Part.
195AZC  Presumption as to subsistence of copyright
		In an action brought under this Part for an infringement of a moral right in respect of a work, copyright is presumed to subsist in the work if the defendant does not put in issue the question whether copyright subsists in the work.
195AZD  Presumption as to subsistence of moral rights
		In an action brought under this Part for an infringement of a moral right in respect of a work, if copyright is presumed or proved to subsist in the work, the moral right is presumed to subsist in respect of the work unless it is established that the moral right has been waived by the author and the waiver applied for the benefit of the person against whom the action was brought.
195AZE  Presumptions in relation to authorship of work
	(1)	Section 127 applies in respect of an action brought under this Part.
	(2)	If a name purporting to be the name of the director or producer of a cinematograph film appeared on copies of the film that were issued when the film was made then, in an action brought under this Part, the person whose name so appeared is, if it was his or her true name or a name by which he or she was commonly known, presumed, unless the contrary is established, to be the director or producer, as the case may be, of the film.
195AZF  Other presumptions in relation to literary, dramatic, musical or artistic work
		Sections 128 and 129 apply in respect of an action brought under this Part.
Division 8—Miscellaneous
195AZG  Waiver of moral rights
	(1)	Subject to this section, a person may, by writing, waive all or any of his or her moral rights, either for the benefit of everyone or for the benefit of a particular person or persons or a particular class of persons.
	(2)	Subject to subsection (3), a waiver can relate only to a specific work or works that exist when the waiver takes place.
	(3)	A waiver may relate to future works that are made in the course of employment.
	(4)	A waiver may be unconditional or subject to conditions.
	(5)	A waiver that is made for the benefit of the owner or prospective owner of copyright in the work or works to which it relates is presumed, unless the contrary intention appears in the instrument of waiver, to extend to his or her licensees and successors in title and to any persons who are authorised by the owner or prospective owner, or such a licensee or successor in title, to do acts comprised in the copyright.
	(6)	An assignment of copyright in a work does not, by that act alone, constitute a waiver of a moral right in respect of the work.
195AZH  Parts of works
		Moral rights in respect of a work apply in relation to a whole or a substantial part of the work.
195AZI  Works of joint authorship
	(1)	This section applies to a literary, dramatic, musical or artistic work that is a work of joint authorship.
	(2)	The right of attribution of authorship in respect of the work is a right of each joint author to be identified as a joint author.
	(3)	An act of false attribution in respect of the work infringes the right of each joint author not to have authorship of the work falsely attributed.
	(4)	The right of integrity of authorship in respect of the work is a right of each joint author.
	(5)	The consent of one joint author to any act or omission affecting his or her moral rights in respect of the work does not affect the moral rights of the other joint author or other joint authors in respect of the work.
	(6)	A waiver by one joint author of any of his or her moral rights in respect of the work does not affect the moral rights of the other joint author or other joint authors in respect of the work.
195AZJ  Cinematograph films that have more than one principal director
	(1)	This section applies to a cinematograph film that has more than one principal director.
	(2)	The director’s right of attribution of authorship in respect of the film is a right of each director to be identified as a director.
	(3)	An act of false attribution in respect of the direction of the film infringes the right of each director not to have the direction of the film falsely attributed.
	(4)	The director’s right of integrity of authorship in respect of the film is a right of each director.
	(5)	The consent of one director to any act or omission affecting his or her moral rights in respect of the film does not affect the moral rights of the other director or other directors in respect of the film.
	(6)	A waiver by one director of any of his or her moral rights in respect of the film does not affect the moral rights of the other director or other directors in respect of the film.
195AZK  Cinematograph films that have more than one principal producer
	(1)	This section applies to a cinematograph film of which more than one individual is the principal producer.
	(2)	The producer’s right of attribution of authorship in respect of the film is a right of each producer to be identified as a producer.
	(3)	An act of false attribution in respect of the production of the film infringes the right of each producer not to have the production of the film falsely attributed.
	(4)	The producer’s right of integrity of authorship in respect of the film is a right of each producer.
	(5)	The consent of one producer to any act or omission affecting his or her moral rights in respect of the film does not affect the moral rights of the other producer or other producers in respect of the film.
	(6)	A waiver by one producer of any of his or her moral rights in respect of the film does not affect the moral rights of the other producer or other producers in respect of the film.
195AZL  Application
		This Part applies in accordance with its terms in relation to works existing at the commencement of this Part in the same way as it applies in relation to works coming into existence after that commencement.
2  Section 238
Repeal the section, substitute:
238  False attribution of authorship of work
	(1)	Paragraphs 195AC(b) and (c) and 195AD(2)(b) and (c) apply even though the name referred to in the paragraph concerned was inserted or affixed before the commencement of Part IX.
	(2)	Subject to subsection (1), Part IX does not apply in relation to acts done before the commencement of that Part.
	(3)	In this section:
name includes a pseudonym, initials or a monogram.
3  Application
Part IX of the Copyright Act 1968 as in force immediately before the commencement of this Schedule continues to apply, subject to section 238 of that Act as in force immediately before that commencement, in relation to acts done in respect of a literary, dramatic, musical or artistic work before that commencement.

Schedule 2—Employed journalists’ copyright
  
Copyright Act 1968
1  Subsection 35(4)
Repeal the subsection, substitute:
	(4)	If a literary, dramatic or artistic work:
	(a)	is made by the author under the terms of his or her employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship; and
	(b)	is so made for the purpose of inclusion in a newspaper, magazine or similar periodical;
the following paragraphs apply:
	(c)	the author is the owner of the copyright only in so far as the copyright relates to:
	(i)	reproduction of the work for the purpose of inclusion in a book; or
	(ii)	reproduction of the work in the form of a hard copy facsimile (other than a hard copy facsimile made as part of a process of transmission) made from a paper edition of, or from another hard copy facsimile made from a paper edition of, an issue of the newspaper, magazine or similar periodical, but not including reproduction by the proprietor for a purpose connected with the publication of the newspaper, magazine or similar periodical;
	(d)	except as provided by paragraph (c), the proprietor is the owner of the copyright.
Note:	The proprietor may be entitled under section 35A to restrain a reproduction of a part of the newspaper, magazine or similar periodical containing the work even though the proprietor is not the owner of copyright in the work.
2  At the end of section 35
Add:
	(7)	In this section:
hard copy facsimile, in relation to a literary, dramatic or artistic work, means a facsimile which is in a material form and from which the work is visible to a human being without the use of any device.
3  At the end of Division 1 of Part III
Add:
35A  Proprietor of newspaper, magazine or similar periodical may in certain circumstances restrain reproduction of issue containing work subject to copyright
	(1)	Subject to this section, the proprietor of a newspaper, magazine or similar periodical is entitled to restrain a person from making any reproduction of the whole or part of an issue of the newspaper, magazine or similar periodical if:
	(a)	the reproduction would consist of or include the whole or part of one or more literary, dramatic or artistic works in which copyright subsists; and
	(b)	subparagraph 35(4)(c)(ii) would apply to the copyright in the work or works in relation to the reproduction; and
	(c)	the works, or parts of works, to the extent to which they would be contained in the reproduction, would be 15% or more of the issue other than pages of the issue that contain only advertising matter.
	(2)	In determining whether a page of an issue contains only advertising matter, any matter that is of a formal nature (such as the name of the newspaper, magazine or periodical, the date on which the issue is published or a number identifying the page) is to be disregarded.
	(3)	Subsection (1) does not apply to a proposed reproduction of the whole or part of a work if the reproduction of the work or of the part of the work, as the case may be, without the licence of the owner of the copyright in the work would not be an infringement of that copyright.
	(4)	The operation of subsection (1) in respect of a proposed reproduction of the whole or part of a work may be excluded or modified by agreement.
	(5)	For the purposes of this section, all the hard copy facsimiles of the whole or part of one or more literary, dramatic or artistic works that are contained in an issue of a newspaper, magazine or similar periodical and are made by someone for a particular person are together taken to constitute a single reproduction of works or parts of works contained in the issue.
	(6)	In this section:
hard copy facsimile, in relation to a literary, dramatic or artistic work or a part of such a work, means a facsimile which is in a material form and from which the work or part of the work is visible to a human being without the use of any device.
4  Application
The amendments made by this Schedule apply only in relation to works made after the commencement of this Schedule.
Note:	Subsection 22(1) of the Copyright Act 1968 specifies when a work is made.

Schedule 3—Labelling and packaging etc. of imported goods etc.
  
Copyright Act 1968
1  Subsection 10(1) (definition of infringing copy)
Omit all the words after “importer,”, substitute:
but does not include:
	(f)	a non‑infringing book whose importation does not constitute an infringement of that copyright; or
	(g)	a non‑infringing accessory whose importation does not constitute an infringement of that copyright.
2  Subsection 10(1)
Insert:
accessory, in relation to an article, means one or more of the following:
	(a)	a label affixed to, displayed on, incorporated into the surface of, or accompanying, the article;
	(b)	the packaging or container in which the article is packaged or contained;
	(c)	a label affixed to, displayed on, incorporated into the surface of, or accompanying, the packaging or container in which the article is packaged or contained;
	(d)	a written instruction, warranty or other information provided with the article;
	(e)	a record embodying a sound recording, or a copy of a cinematograph film, provided with the article, where the recording or film is reasonably related to the performance or use of the article;
but does not include a manual sold with computer software for use in connection with that software.
3  Subsection 10(1)
Insert:
non‑infringing accessory means an accessory made in a country that is declared by the regulations to be a member of the World Trade Organisation where:
	(a)	the making of any copy of a work, or any reproduction of a published edition of a work, that is on, or is embodied in, the accessory; or
	(b)	the making of any record embodying a sound recording, or any copy of a cinematograph film, that is the accessory;
was authorised by the owner of the copyright in that country in the work, edition, recording or film, as the case may be.
4  Section 37
Omit “section 44A”, substitute “Division 3”.
5  At the end of section 37
Add:
	(2)	In relation to an accessory to an article that is or includes a copy of a work, being a copy that was made without the licence of the owner of the copyright in the work in the country in which the copy was made, subsection (1) has effect as if the words “the importer knew, or ought reasonably to have known, that” were omitted.
6  Subsection 38(1)
Omit “section 44A”, substitute “Division 3”.
7  At the end of Division 3 of Part III
Add:
44C  Copyright subsisting in accessories etc. to imported articles
	(1)	The copyright in a work a copy of which is on, or embodied in, a non‑infringing accessory to an article is not infringed by importing the accessory with the article.
	(2)	Section 38 does not apply to a copy of a work, being a copy that is on, or embodied in, a non‑infringing accessory to an article, if the importation of the accessory is not an infringement of copyright in the work.
8  Section 102
Omit “section 112A”, substitute “sections 112A and 112C”.
9  At the end of section 102
Add:
	(2)	In relation to an accessory to an article that is or includes a copy of subject‑matter in which copyright subsists by virtue of this Part, being a copy that was made without the licence of the owner of the copyright in the country in which the copy was made, subsection (1) has effect as if the words “the importer knew, or ought reasonably to have known, that” were omitted.
10  Subsection 103(1)
Omit “section 112A”, substitute “sections 112A and 112C”.
11  At the end of Division 6 of Part IV
Add:
112C  Copyright subsisting in accessories etc. to imported articles
	(1)	The copyright in:
	(a)	a published edition of a work a reproduction of which is on, or embodied in, a non‑infringing accessory to an article; or
	(b)	a cinematograph film a copy of which is a non‑infringing accessory to an article; or
	(c)	a sound recording a record of which is a non‑infringing accessory to an article;
is not infringed by importing the accessory with the article.
	(2)	Section 103 does not apply to:
	(a)	a reproduction of a published edition of a work, being a reproduction that is on, or embodied in, a non‑infringing accessory to an article; or
	(b)	a copy of a cinematograph film, being a copy that is a non‑infringing accessory to an article; or
	(c)	a record embodying a sound recording, being a record that is a non‑infringing accessory to an article;
if the importation of the accessory is not an infringement of copyright in the edition, film or recording, as the case may be.

Schedule 4—Conversion and detention
  
Copyright Act 1968
1  Subsection 10(1)
Insert:
device includes a plate.
2  Subsection 116(1)
Repeal the subsection, substitute:
	(1)	The owner of the copyright in a work or other subject‑matter may bring an action for conversion or detention in relation to:
	(a)	an infringing copy; or
	(b)	a device used or intended to be used for making infringing copies.
	(1A)	In an action for conversion or detention, a court may grant to the owner of the copyright all or any of the remedies that are available in such an action as if:
	(a)	the owner of the copyright had been the owner of the infringing copy since the time the copy was made; or
	(b)	the owner of the copyright had been the owner of the device since the time when it was used or intended to be used for making infringing copies.
	(1B)	Any relief granted by a court in an action for conversion or detention is in addition to any relief that the court may grant under section 115.
	(1C)	A court is not to grant any relief to the owner of the copyright in an action for conversion or detention if the relief that the court has granted or proposes to grant under section 115 is, in the opinion of the court, a sufficient remedy.
	(1D)	In deciding whether to grant relief in an action for conversion or detention and in assessing the amount of damages payable, the court may have regard to the following:
	(a)	the expenses incurred by the defendant, being a person who marketed or otherwise dealt with the infringing copy, in manufacturing or acquiring the infringing copy;
	(b)	whether the expenses were incurred before or after the infringing copy was sold or otherwise disposed of by the defendant;
	(c)	any other matter that the court considers relevant.
	(1E)	If the infringing copy is an article of which only part consists of material that infringes copyright, the court, in deciding whether to grant relief and in assessing the amount of damages payable, may also have regard to the following:
	(a)	the importance to the market value of the article of the material that infringes the copyright;
	(b)	the proportion the material that infringes copyright bears to the article;
	(c)	the extent to which the material that infringes copyright may be separated from the article.
3  Paragraph 116(2)(c)
Omit “plate”, substitute “device”.
4  Application
The amendments made by items 1, 2 and 3 do not apply to an action for conversion or detention brought before the commencement of this Schedule.

Schedule 5—Copying for the services of the Commonwealth, State and Territory Governments
  
Copyright Act 1968
1  At the beginning of Division 3 of Part VI
Insert:
148  Interpretation
		In this Division:
copyright material, government and government copy have the same meanings as in Division 2 of Part VII.
2  After section 153D
Insert:
153E  Applications to Tribunal under subsection 183(5)
	(1)	The parties to an application to the Tribunal under subsection 183(5) for the fixing of the terms for the doing of an act comprised in a copyright where the act is done for the services of the Commonwealth or a State are:
	(a)	the Commonwealth or the State, as the case may be; and
	(b)	the owner of the copyright.
	(2)	If an application is made to the Tribunal under subsection 183(5), the Tribunal is to consider the application and, after giving the parties to the application an opportunity of presenting their cases, is to make an order fixing the terms for the doing of the act.
153F  Applications to Tribunal to declare collecting society for government copies
	(1)	A company limited by guarantee may apply to the Tribunal for a declaration that the company be a collecting society for the purposes of Division 2 of Part VII.
	(2)	The parties to the application are the applicant and any person made a party by the Tribunal.
	(3)	The Tribunal may make a person a party if:
	(a)	the person asks to be made a party; and
	(b)	the Tribunal thinks that the person has a sufficient interest in either or both of the following questions:
	(i)	whether the applicant should be declared to be a collecting society;
	(ii)	whether any current declaration of a company as a collecting society should be revoked.
	(4)	After giving each party an opportunity of presenting its case, the Tribunal must:
	(a)	declare the applicant to be a collecting society for the purposes of Division 2 of Part VII; or
	(b)	reject the application.
	(5)	A declaration of a company as a collecting society for the purposes of Division 2 of Part VII may be a declaration in relation to:
	(a)	all government copies; or
	(b)	a specified class of government copies.
	(6)	The Tribunal may only declare the applicant to be a collecting society if the Tribunal is satisfied:
	(a)	that the applicant is a company limited by guarantee incorporated under a law in force in a State or Territory relating to companies; and
	(b)	in the case of an application for a declaration in relation to all government copies, that the applicant’s rules permit the owner, or the agent of the owner, of the copyright in any copyright material to become a member; and
	(c)	in the case of an application for a declaration in relation to a class of government copies, that the applicant’s rules permit the owner, or the agent of the owner, of the copyright in any copyright material a reproduction of which in accordance with section 183 would be within that class to become a member; and
	(d)	that the applicant’s rules prohibit the payment of dividends to its members; and
	(e)	that the applicant’s rules contain such provisions about all of the following matters as are adequate for the protection of its members:
	(i)	the collection of remuneration payable under section 183A;
	(ii)	the payment of administrative costs of the collecting society out of remuneration it collects;
	(iii)	the distribution of remuneration the collecting society collects;
	(iv)	the collecting society holding on trust remuneration for owners of copyright in copyright material who are not members of the society;
	(v)	access to the collecting society’s records by its members; and
	(f)	that the applicant’s rules contain such other provisions as are required by the regulations to be included for the protection of members of the society.
	(7)	A declaration must specify the day on which it takes effect.
	(8)	If the Tribunal makes a declaration under this section, the Secretary to the Tribunal must publish the declaration in the Gazette.
153G  Applications to Tribunal to revoke a declaration of a collecting society
	(1)	Any of the following persons may apply to the Tribunal for the revocation of a declaration under section 153F:
	(a)	the collecting society;
	(b)	a member of the collecting society;
	(c)	a government.
	(2)	The parties to an application are:
	(a)	the applicant for revocation of the declaration; and
	(b)	if the collecting society is not the applicant for revocation of the declaration—the collecting society; and
	(c)	any person made a party by the Tribunal.
	(3)	The Tribunal may make a person a party if:
	(a)	the person asks to be made a party; and
	(b)	the Tribunal thinks that the person has a sufficient interest in the question whether the declaration of the collecting society should be revoked.
	(4)	After giving each party an opportunity of presenting its case, the Tribunal must:
	(a)	revoke the declaration of the collecting society; or
	(b)	reject the application.
	(5)	The Tribunal may only revoke the declaration of a company as the collecting society if the Tribunal is satisfied that the company:
	(a)	is not functioning adequately as the collecting society; or
	(b)	is not acting in accordance with its rules or in the best interests of its members who own copyright in copyright material or who are agents of copyright owners; or
	(c)	has altered its rules so that they no longer comply with any one or more of paragraphs 153F(6)(b) to (f); or
	(d)	has contravened section 183D or 183E (dealing with reporting and accounting, and alteration of rules).
	(6)	A revocation must specify the day on which it takes effect.
	(7)	If the Tribunal revokes the declaration of the collecting society, the Secretary to the Tribunal must publish notice of the revocation in the Gazette.
153H  Time limit for deciding applications under section 153F or 153G
	(1)	The Tribunal must make its decision on an application under section 153F or 153G within 6 months after the conclusion of the hearing of the application.
	(2)	The 6 months time limit in subsection (1) does not apply if the Tribunal thinks that the matter cannot be dealt with properly within that period of 6 months, whether because of its complexity or because of other special circumstances.
	(3)	If subsection (2) applies, the Tribunal must tell the applicant before the end of the 6 months period that the matter cannot be dealt with properly within that period.
153J  Amendment and revocation of a declaration on the declaration of another collecting society
	(1)	If:
	(a)	a declaration (the previous declaration) is in force under section 153F; and
	(b)	the Tribunal, under that section, declares another company to be the collecting society for the purposes of Division 2 of Part VII in relation to a class of government copies that includes some of the government copies to which the previous declaration relates;
the Tribunal must amend the previous declaration so as to exclude from the government copies to which it relates all government copies to which the declaration of the company referred to in paragraph (b) relates.
	(2)	An amendment of a declaration under subsection (1) takes effect when the declaration of the company referred to in paragraph (1)(b) takes effect.
	(3)	If:
	(a)	a declaration (the previous declaration) is in force under section 153F; and
	(b)	the Tribunal makes another declaration under that section in relation to:
	(i)	all government copies; or
	(ii)	a class of government copies that includes all government copies to which the previous declaration relates;
the Tribunal must revoke the previous declaration.
	(4)	The revocation of a declaration under subsection (3) takes effect when the declaration referred to in paragraph (3)(b) takes effect.
	(5)	The Secretary to the Tribunal must publish in the Gazette notice of an amendment or revocation made under this section.
153K  Applications to Tribunal for method of working out payment for government copies
	(1)	A collecting society or a government may apply to the Tribunal for an order determining the method for working out remuneration payable under subsection 183A(2) for government copies made for the services of the government in a particular period.
	(2)	The parties to an application are the collecting society and the government.
	(3)	After giving each party an opportunity of presenting its case, the Tribunal must make an order determining the method.
Note:	Subsection 183A(3) sets out matters that the method must provide for. Subsection 183A(4) sets out matters that the method may provide for.
	(4)	An order may also specify how and when payments of the amount worked out using the method determined are to be made.
3  After the heading to Part VII
Insert:
Division 1—Crown copyright
4  After section 182A
Insert:
Division 2—Use of copyright material for the Crown
182B  Definitions
	(1)	Subject to subsection (2), in this Division:
collecting society means a company in respect of which a declaration is in force under section 153F.
copyright material means:
	(a)	a work; or
	(b)	a published edition of a work; or
	(c)	a sound recording; or
	(d)	a cinematograph film; or
	(e)	a television or sound broadcast; or
	(f)	a work that is included in a sound recording, a cinematograph film or a television or sound broadcast.
government means the Commonwealth or a State.
Note:	State includes the Australian Capital Territory, the Northern Territory and Norfolk Island: see paragraph 10(3)(n), as modified by the A.C.T. Self‑Government (Consequential Provisions) Regulations (Amendment) (Statutory Rules 1989 No. 392).
government copy means a reproduction in a material form of copyright material made under subsection 183(1).
	(2)	A reference in subsection (1) to a work does not include a reference to a literary work that consists of a computer program or a compilation of computer programs.
182C  Relevant collecting society
		A company is the relevant collecting society in relation to a government copy if there is in force, under Division 3 of Part VI, a declaration of the company as the collecting society for the purposes of this Division in relation to:
	(a)	all government copies; or
	(b)	a class of government copies that includes the first‑mentioned government copy.
5  At the end of Part VII
Add:
183A  Special arrangements for copying for services of government
	(1)	Subsections 183(4) and (5) do not apply in relation to a government copy (whenever it was made) if a company is the relevant collecting society for the purposes of this Division in relation to the copy and the company has not ceased operating as that collecting society.
	(2)	If subsection 183(5) does not apply to government copies made in a particular period for the services of a government, the government must pay the relevant collecting society in relation to those copies (other than excluded copies) equitable remuneration worked out for that period using a method:
	(a)	agreed on by the collecting society and the government; or
	(b)	if there is no agreement—determined by the Tribunal under section 153K.
	(3)	The method of working out equitable remuneration payable to a collecting society in respect of government copies (other than excluded copies) for a period must:
	(a)	take into account the estimated number of those copies made for the services of the government during the period, being copies in relation to which the society is the relevant collecting society; and
	(b)	specify the sampling system to be used for estimating the number of copies for the purposes of paragraph (a).
	(4)	The method of working out the equitable remuneration payable may provide for different treatment of different kinds or classes of government copies.
	(5)	Subsections (3) and (4) apply whether the method is agreed on by the collecting society and the government or is determined by the Tribunal.
	(6)	In this section:
excluded copies means government copies in respect of which it appears to the government concerned that it would be contrary to the public interest to disclose information about the making of the copies.
183B  Payment and recovery of equitable remuneration payable for government copies
	(1)	Equitable remuneration payable to a collecting society under subsection 183A(2) must be paid:
	(a)	in the manner, and at the times, agreed on by the collecting society and the government; or
	(b)	if the Tribunal has made an order under subsection 153K(3) specifying how and when payments are to be made—in the manner, and at the times, specified in the order.
	(2)	If equitable remuneration is not paid in accordance with the agreement or the Tribunal’s order, the collecting society may recover the remuneration as a debt due to the society in a court of competent jurisdiction.
183C  Powers of collecting society to carry out sampling
	(1)	This section applies if the method of working out equitable remuneration payable under subsection 183A(2) for government copies made for the services of a government has been agreed on by the government and the relevant collecting society or has been determined by the Tribunal.
	(2)	The collecting society may give written notice to the government that the society wishes to carry out sampling in accordance with the method during a specified period at specified premises occupied by the government. The period specified must not start earlier than 7 days after the day on which the notice is given.
	(3)	The government may give the collecting society a written objection, based on reasonable grounds, to the proposal to carry out sampling during the period, or at the premises, specified in the notice. However, if it does so, the notice of objection must propose an alternative period during which, or alternative premises at which, as the case may be, sampling may be carried out.
	(4)	If the government gives the collecting society an objection, sampling may not be carried out during the period, or at the premises, to which the objection relates unless the objection is withdrawn.
	(5)	If the government has not objected, or has withdrawn any objection it made, before or during the specified period, a person authorised in writing by the society may, during that period, enter the premises specified in the notice and carry out sampling in accordance with the method on any ordinary working day for government staff who work in the premises.
	(6)	The government must take reasonable steps to ensure that the person who attends at the premises is given all reasonable and necessary facilities and assistance for carrying out the sampling.
183D  Annual report and accounts of collecting society
	(1)	As soon as practicable after the end of each financial year, a company that was a collecting society during any part of the year must prepare a report of its operations as a collecting society during the year and send a copy of the report to the Attorney‑General.
	(2)	A collecting society must keep accounting records correctly recording and explaining the transactions of the society (including any transactions as trustee) and the financial position of the society.
	(3)	Accounting records must be kept in a manner that will enable true and fair accounts of the society to be prepared from time to time and to be conveniently and properly audited.
	(4)	As soon as practicable after the end of each financial year, a company that was a collecting society during any part of the year must:
	(a)	have its accounts audited by an auditor who is not a member of the society; and
	(b)	give a copy of the audited accounts and the auditor’s report on the audit to the Attorney‑General.
	(5)	The Attorney‑General must cause a copy of a document given to the Attorney‑General under subsection (1) or paragraph (4)(b) to be laid before each House of the Parliament within 15 sitting days of that House after the Attorney‑General received the document.
	(6)	A collecting society must give its members reasonable access to copies of:
	(a)	all reports and audited accounts prepared by it under this section; and
	(b)	all auditors’ reports on the audit of the accounts.
	(7)	This section does not affect any obligations of a collecting society relating to the preparation and lodging of annual returns or accounts under the law under which it is incorporated.
183E  Alteration of rules of collecting society
		If a collecting society alters its rules, it must give a copy of the altered rules, together with a statement of the effects of, and reasons for, the alteration, to the Attorney‑General and the Tribunal within 21 days after the day on which the alteration was made.
6  Application
(1)	If:
	(a)	a government copy was made before the first declaration of a collecting society in relation to a government copy of the same kind was made under section 153F of the Copyright Act 1968; and
	(b)	apart from this item, the owner of the relevant copyright would have been entitled to the benefit of terms agreed on, or fixed, under subsection 183(5) of that Act; and
	(c)	any payment due under terms referred to in paragraph (b) has not been made;
section 183A has effect as if:
	(d)	section 153F of the Copyright Act 1968 and Division 2 of Part VII of that Act had been in force when the copy was made; and
	(e)	the company the subject of the first declaration under section 153F of that Act in relation to a government copy of the same kind had been the relevant collecting society in relation to the copy when the copy was made; and
	(f)	the company had not ceased operating as a collecting society when the copy was made.
(2)	Section 183A has effect in accordance with subsection (1) whether or not the company referred to in paragraph (1)(e) was the agent of the owner of the copyright involved.

Schedule 6—People with an intellectual disability and people with a print disability
  
Copyright Act 1968
1  Subsection 10(1) (definition of handicapped reader)
Repeal the definition.
2  Subsection 10(1) (definition of institution assisting handicapped readers)
Repeal the definition.
3  Subsection 10(1) (definition of institution assisting intellectually handicapped persons)
Repeal the definition.
4  Subsection 10(1)
Insert:
institution assisting persons with an intellectual disability means:
	(a)	an educational institution; or
	(b)	any other institution which has as its principal function, or one or its principal functions, the provision of assistance to persons with an intellectual disability and in relation to which a declaration under paragraph 10A(1)(d) is in force.
5  Subsection 10(1)
Insert:
institution assisting persons with a print disability means:
	(a)	an educational institution; or
	(b)	any other institution which has as its principal function, or one of its principal functions, the provision of literary or dramatic works to persons with a print disability and in relation to which a declaration under paragraph 10A(1)(c) is in force.
6  Subsection 10(1)
Insert:
person with a print disability means:
	(a)	a person without sight; or
	(b)	a person whose sight is severely impaired; or
	(c)	a person unable to hold or manipulate books or to focus or move his or her eyes; or
	(d)	a person with a perceptual disability.
7  Subsection 10(3)
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.
8  Subsection 10(3)
Omit “an intellectually handicapped person’s copy” (wherever occurring), substitute “a copy for a person with an intellectual disability”.
9  Paragraph 10(3)(f)
Omit “handicapped readers”, substitute “persons with a print disability”.
10  Paragraph 10(3)(h)
Repeal the paragraph, substitute:
	(h)	a reference to a copy of a work, or of a part of a work, for a person with a print disability is taken to be a reference to:
	(i)	a record embodying a sound recording of the work, or of the part of the work, being a record made by, or on behalf of, the body administering an institution assisting persons with a print disability and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability; or
	(ii)	a Braille version, large‑print version or photographic version of the work, or of the part of the work, being a Braille version, large‑print version or photographic version, as the case may be, made by, or on behalf of, the body administering an institution assisting persons with a print disability and so made for the sole purpose of use in the provision, whether by the institution or otherwise, of assistance to a person or persons with a print disability;
11  Paragraph 10(3)(ha)
Omit “an intellectually handicapped person or persons”, substitute “a person or persons with an intellectual disability”.
12  Subparagraph 10(3)(m)(i)
Omit “handicapped reader’s copy”, substitute “copy for a person with a print disability”.
13  Paragraph 10A(1)(c)
Omit “handicapped readers”, substitute “persons with a print disability”.
14  Paragraph 10A(1)(d)
Omit “intellectually handicapped persons”, substitute “persons with an intellectual disability”.
15  Section 47A (except paragraph (11)(b))
Omit “print‑handicapped radio licence” (wherever occurring), substitute “print disability radio licence”.
Note:	The heading to section 47A is altered by omitting “print‑handicapped radio licences” and substituting “print disability radio licences”.
16  Paragraph 47A(11)(b)
Omit “print‑handicapped radio licence”, substitute “print disability radio licence”.
17  Section 112
Omit “handicapped reader’s copy or an intellectually handicapped person’s copy” (wherever occurring), substitute “copy for a person with a print disability or a copy for a person with an intellectual disability”.
18  Subparagraph 112(b)(ii)
Omit “handicapped readers’ copies or intellectually handicapped persons’ copies”, substitute “copies for persons with a print disability or copies for persons with an intellectual disability”.
19  Section 135A (paragraph (b) of the definition of institution)
Omit “intellectually handicapped persons”, substitute “persons with an intellectual disability”.
20  Paragraph 135E(1)(c)
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.
21  Section 135F
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.
22  Paragraph 135U(1)(d)
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.
23  Section 135ZB (paragraph (b) of the definition of institution)
Omit “handicapped readers”, substitute “persons with a print disability”.
24  Section 135ZB (paragraph (c) of the definition of institution)
Omit “intellectually handicapped persons”, substitute “persons with an intellectual disability”.
25  Section 135ZB (paragraph (b) of the definition of licensed copy)
Omit “handicapped readers”, substitute “persons with a print disability”.
26  Section 135ZB (paragraph (c) of the definition of licensed copy)
Omit “intellectually handicapped persons”, substitute “persons with an intellectual disability”.
27  Paragraph 135ZC(e)
Omit “handicapped readers”, substitute “persons with a print disability”.
28  Division 3 of Part VB (heading)
Repeal the heading, substitute:
Division 3—Copying of works by institutions assisting persons with a print disability
29  Section 135ZN
Omit “handicapped readers” (wherever occurring), substitute “persons with a print disability”.
Note:	The heading to section 135ZN is altered by omitting “handicapped readers” and substituting “persons with a print disability”.
30  Section 135ZP
Omit “handicapped readers” (wherever occurring), substitute “persons with a print disability”.
Note:	The heading to section 135ZP is altered by omitting “handicapped readers” and substituting “persons with a print disability”.
31  Paragraph 135ZP(1)(b)
Repeal the paragraph, substitute:
	(b)	each record is made solely for the purpose of use in the provision, whether by the institution or otherwise, of assistance to persons with a print disability; and
32  Paragraph 135ZP(2)(b)
Repeal the paragraph, substitute:
	(b)	each version is made solely for the purpose of use in the provision, whether by the institution or otherwise, of assistance to persons with a print disability; and
33  Section 135ZQ
Omit “handicapped readers” (wherever occurring), substitute “persons with a print disability”.
Note:	The heading to section 135ZQ is altered by omitting “handicapped readers” and substituting “persons with a print disability”.
34  Subsection 135ZQ(1)
Omit “handicapped reader’s”.
35  At the end of subsection 135ZQ(1)
Add “, for a person with a print disability”.
36  Paragraph 135ZQ(2)(b)
Repeal the paragraph, substitute:
	(b)	the relevant reproduction is used otherwise than in the making by, or on behalf of, that body, of a copy of the work, or of a part of the work, as the case may be, for a person with a print disability;
37  After subsection 135ZQ(4)
Insert:
	(4A)	Subsection (1) is to be taken never to have applied to the making of a relevant reproduction of a work, or of a part of a work, if, within 3 months after the relevant reproduction was made, the body by whom, or on whose behalf, the relevant reproduction was made has not given to a collecting society (if any) a notice of the making of the relevant reproduction.
	(4B)	The notice referred to in subsection (4A) must be in writing and must specify:
	(a)	the name of the body; and
	(b)	the work, or the part of the work, reproduced; and
	(c)	the date on which the reproduction was made.
	(4C)	The copyright in a published literary or dramatic work is infringed by a person who does any of the acts specified in section 38 in relation to a relevant reproduction of a work, or of a part of a work, if the person knows, or ought reasonably to have known, that the reproduction was made solely for use in the making by, or on behalf of, a body administering an institution assisting persons with a print disability of a copy of the work, or of a part of the work, as the case may be, for a person with a print disability.
38  Division 4 of Part VB (heading)
Repeal the heading, substitute:
Division 4—Copying of works etc. by institutions assisting persons with an intellectual disability
39  Section 135ZR
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.
Note:	The heading to section 135ZR is altered by omitting “intellectually handicapped persons” and substituting “persons with an intellectual disability”.
40  Subsection 135ZS(1)
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.
Note:	The heading to section 135ZS is altered by omitting “intellectually handicapped persons” and substituting “persons with an intellectual disability”.
41  Section 135ZT
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.
Note:	The heading to section 135ZT is altered by omitting “intellectually handicapped person’s copies” and substituting “copies for a person with an intellectual disability”.
42  Subsection 135ZT(1)
Omit “an intellectually handicapped person’s”, substitute “a”.
43  At the end of subsection 135ZT(1)
Add “, for a person with an intellectual disability”.
44  Paragraph 135ZT(2)(b)
Repeal the paragraph, substitute:
	(b)	the copy is used otherwise than in the making by, or on behalf of, that body of a copy of the whole or the part of the eligible item or broadcast, as the case may be, for a person with an intellectual disability;
45  Subsection 135ZZF(2)
Omit “handicapped readers”, substitute “persons with a print disability”.
46  Subsection 135ZZF(3)
Omit “intellectually handicapped persons”, substitute “persons with an intellectual disability”.
47  Section 135ZZG
Omit “handicapped reader’s”.
48  Section 135ZZG
After “work”, insert “for a person with a print disability”.
49  Section 135ZZG
Omit “an intellectually handicapped person’s”, substitute “a”.
50  Section 135ZZG
After “item”, insert “for a person with an intellectual disability”.
51  Subsection 149A(3)
Omit “for the making of the sound broadcast, copy, handicapped reader’s copy, or intellectually handicapped person’s copy, as the case requires”.
52  Subsection 195A(3)
Omit “handicapped readers” (wherever occurring), substitute “persons with a print disability”.
53  Subsection 195A(3)
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.
54  Section 200AA
Omit “intellectually handicapped persons”, substitute “persons with an intellectual disability”.
Note:	The heading to section 200AA is altered by omitting “intellectually handicapped persons” and substituting “persons with an intellectual disability”.
55  Subsection 248A(1) (paragraph (d) of the definition of exempt recording)
Omit “handicapped readers” (wherever occurring), substitute “persons with a print disability”.
56  Subsection 248A(1) (paragraph (e) of the definition of exempt recording)
Omit “intellectually handicapped persons” (wherever occurring), substitute “persons with an intellectual disability”.

Schedule 7—Copying of works etc. by institutions
  
Copyright Act 1968
1  Section 135A (definition of student)
Repeal the definition.
2  Section 135C
Repeal the section.
3  After subsection 135H(1)
Insert:
	(1A)	If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for the making, by or on behalf of that body, of a copy of a broadcast.
4  Subsection 135J(1)
Omit “per student of the institution concerned”.
5  After subsection 135J(1)
Insert:
	(1A)	If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for copies of broadcasts made by or on behalf of that body.
6  Subsection 135J(4)
Omit “and different classes of students of an institution administered by it”.
7  Subsection 135N(2)
Repeal the subsection.
8  Section 135ZB (definition of student)
Repeal the definition.
9  Section 135ZD
Repeal the section.
10  After subsection 135ZV(1)
Insert:
	(1A)	If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for each licensed copy made by or on behalf of that body.
11  Subsection 135ZW(1)
Omit “per student of the institution concerned”.
12  After subsection 135ZW(1)
Insert:
	(1A)	If a determination has been made by the Tribunal under subsection (1), either the administering body or the collecting society may, at any time after 12 months from the day on which the determination was made, apply to the Tribunal under that subsection for a new determination of the amount of equitable remuneration payable to the collecting society by the administering body for licensed copies made by or on behalf of that body.
13  Subsection 135ZW(4)
Omit “and different classes of students of an institution administered by it”.
14  Subsection 135ZZA(2)
Repeal the subsection.
15  Section 153A
Omit “television” (wherever occurring).
16  Subsection 153A(2)
Omit “per copy or per student of the relevant institution, as the case may be,”.
17  Paragraph 153A(3)(a)
Omit “seen and heard”, substitute “heard, or seen and heard, as the case may be”.
18  Subsection 153A(5)
Repeal the subsection, substitute:
	(5)	In this section, administering body, broadcast, collecting society and institution have the same meanings as in Part VA.
19  Subsection 153C(2)
Omit “per licensed copy, or per student of the relevant institution, as the case may be,”.
20  Subsection 153C(5)
Repeal the subsection, substitute:
	(5)	In this section, administering body, collecting society, institution and licensed copy have the same meanings as in Part VB.

Schedule 8—Copyright Tribunal
  
Copyright Act 1968
1  Subsection 136(1)
Insert:
Deputy President means a Deputy President of the Tribunal.
2  Subsection 136(1) (definition of member)
Omit “the Deputy President”, substitute “a Deputy President”.
3  Subsection 136(1) (definition of party)
Repeal the definition.
4  Subsection 136(1) (definition of proceeding)
Repeal the definition.
5  Subsection 136(1) (definition of the Deputy President)
Repeal the definition.
6  Section 138
Omit “, a Deputy President and such”, substitute “and such number of Deputy Presidents and”.
7  Subsection 140(1)
Omit “or as the Deputy President”.
8  After subsection 140(1)
Insert:
	(1A)	A person is not to be appointed as a Deputy President unless he or she is, or has been, a Judge of a federal court or of the Supreme Court of a State or Territory.
9  Subsection 140(2)
Omit “the Deputy President”, substitute “a Deputy President”.
10  Subsection 141(2)
Omit “or the Deputy President”.
11  After section 141
Insert:
141A  Seniority of Deputy Presidents
	(1)	The Deputy Presidents have seniority as Deputy Presidents according to the dates of their first appointment to the Tribunal, or, if 2 or more Deputy Presidents were appointed on the same day, according to the precedence assigned to them in their instruments of appointment.
	(2)	At any time when only one person is holding office as a Deputy President, any reference in this Part to ‘the senior Deputy President’ is to be taken to be a reference to the Deputy President.
12  Section 142
Repeal the section, substitute:
142  Acting President
		The Governor‑General may appoint the senior Deputy President available to act in the office of President:
	(a)	during a vacancy in that office; or
	(b)	during any period when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office.
13  Paragraph 146(4)(b)
Omit “the Deputy President shall preside”, substitute “the senior Deputy President who is present is to preside”.
14  Subsection 146(5)
Omit “Deputy President”, substitute “senior Deputy President who is present”.
15  Subsection 146(8)
Omit “the Deputy President”, substitute “a Deputy President”.
16  Subsection 167(2)
After “member”, insert “or the Secretary to the Tribunal”.

Schedule 9—Imported copies of copyright material
  
Copyright Act 1968
1  Section 134B
Insert:
CEO means the Chief Executive Officer of Customs.
2  Section 134B (definition of Comptroller‑General)
Repeal the definition.
3  Section 134B
Insert:
copy, in relation to copyright material, means:
	(a)	if the copyright material is a work—an article in which the work is embodied; or
	(b)	if the copyright material is a sound recording, or a sound broadcast as recorded in a sound recording—a record embodying the sound recording; or
	(c)	if the copyright material is a cinematograph film or a television broadcast as recorded in a cinematograph film—an article in which the visual images or sounds comprising the film are embodied; or
	(d)	if the copyright material is a published edition of a work—an article in which the edition is embodied.
4  Section 134B
Insert:
importer, in relation to copies of copyright material, includes a person who or which is, or holds himself, herself or itself out to be, the owner or importer of the goods comprising the copies.
5  Section 135
Omit “Comptroller‑General” (wherever occurring), substitute “CEO”.
6  Subsection 135(3)
Repeal the subsection, substitute:
	(3)	A notice under subsection (2):
	(a)	is to be given together with any prescribed document; and
	(b)	is to be accompanied by the prescribed fee (if any).
7  Subsection 135(5)
After “subsection (6)”, insert “or declared to be ineffective under subsection (6A)”.
8  After subsection 135(6)
Insert:
	(6A)	If the CEO believes, on reasonable grounds, that it is no longer appropriate to give effect to a notice given under subsection (2), the CEO may, by writing, declare the notice to be ineffective.
Note:	Subsection 195B(3) requires the CEO to notify the person who gave the notice of the decision declaring the notice to be ineffective.
9  Paragraph 135(7)(b)
Omit “withdrawn”, substitute “declared to be ineffective or revoked”.
10  Subsection 135(9)
Omit “section”, substitute “Division”.
11  Subsection 135(10)
Repeal the subsection, substitute:
	(10)	This Division does not apply to the importation into Australia of copies of copyright material whose importation does not constitute an infringement of copyright because of section 44A, 44C, 112A or 112C.
12  Section 135AA
Omit “Comptroller‑General” (wherever occurring), substitute “CEO”.
13  Section 135AB
Omit “Comptroller‑General”, substitute “CEO”.
14  Section 135AC
Omit “Comptroller‑General” (wherever occurring), substitute “CEO”.
15  Subsection 135AC(2)
Repeal the subsection, substitute:
	(2)	A notice under subsection (1) must also state:
	(a)	if it is given to the objector—the name, and (if known) the address of the place of business or residence, of the importer; and
	(b)	if it is given to the importer—the name, and the address of the place of business or residence, of:
	(i)	the objector; or
	(ii)	if the objector has nominated a person to be the objector’s agent or representative for the purposes of this Division—that person; and
	(c)	in each case—that the copies will be released to the importer unless:
	(i)	an action for infringement of copyright in relation to the copies is instituted by the objector within a specified period from the day specified in the notice; and
	(ii)	a written notice stating that the action has been instituted is given to the CEO within that period.
16  Subsection 135AC(3)
Omit “paragraph (2)(a)”, substitute “subparagraph (2)(c)(i)”.
17  Subsection 135AC(4)
Omit “paragraph (2)(a)”, substitute “subparagraph (2)(c)(i)”.
18  Subsection 135AC(5)
Omit “paragraph (2)(a)”, substitute “subparagraph (2)(c)(i)”.
19  At the end of section 135AC
Add:
	(8)	The CEO may, at any time after the copies are seized, give to the objector:
	(a)	the name, and the address of the place of business or residence, of the person or body that made the arrangements, on behalf of the importer, for the copies to be brought to Australia or any information that the CEO has, and believes on reasonable grounds may help in identifying and locating that person or body; and
	(b)	any other information that the CEO has, and believes on reasonable grounds may be relevant for the purpose of identifying and locating the importer.
20  Section 135AD
Omit “Comptroller‑General” (wherever occurring), substitute “CEO”.
21  Section 135AE
Omit “Comptroller‑General” (wherever occurring), substitute “CEO”.
22  Section 135AF
Omit “Comptroller‑General” (wherever occurring), substitute “CEO”.
23  Section 135AG
Omit “Comptroller‑General” (wherever occurring), substitute “CEO”.
24  Section 135AH
Omit “Comptroller‑General” (wherever occurring), substitute “CEO”.
25  Paragraph 135AI(b)
Omit “Comptroller‑General”, substitute “CEO”.
26  Subsection 135AJ(1)
Omit “Comptroller‑General”, substitute “CEO”.
27  Paragraph 135AK(a)
Omit “Comptroller‑General”, substitute “CEO”.
28  Subsection 195B(1)
Omit “Comptroller‑General of Customs” (wherever occurring), substitute “CEO”.
29  After paragraph 195B(1)(b)
Insert:
	(ba)	a decision of the CEO under subsection 135(6A) to declare a notice given under subsection 135(2) to be ineffective;
30  Subsection 195B(3)
Omit “Comptroller‑General of Customs makes a reviewable decision referred to in paragraph (1)(c) or (d), the Comptroller‑General”, substitute “CEO makes a reviewable decision referred to in paragraph (1)(ba), (c) or (d), the CEO”.
31  Subsection 195B(8)
Insert:
CEO means the Chief Executive Officer of Customs.

Schedule 10—Educational institutions
  
Copyright Act 1968
1  Subsection 10(1) (before paragraph (a) of the definition of educational institution)
Insert:
	(aa)	an institution at which education is provided at pre‑school or kindergarten standard;
2  Subsection 10(1) (paragraphs (g), (h) and (j) of the definition of educational institution)
Repeal the paragraphs, substitute:
	(g)	an institution in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function of the institution is the provision of courses of study or training for one of the following purposes:
	(i)	general education;
	(ii)	the preparation of people for a particular occupation or profession;
	(iii)	the continuing education of people engaged in a particular occupation or profession;
	(iv)	the teaching of English to people whose first language is not English;
	(h)	an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition in relation to which there is in force a notice published under subsection 10A(4) that includes a declaration that the principal function, or one of the principal functions, of the undertaking is the provision of teacher training to people engaged as instructors in educational institutions of a kind referred to in a preceding paragraph of this definition, or of 2 or more such kinds; or
	(i)	an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, in relation to which there is in force a notice published under subsection 10(4) that includes a declaration that the principal function, or one of the principal functions, of the institution, or undertaking, is the providing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or to educational institutions of 2 or more such kinds, and that that activity is undertaken for the purpose of helping those institutions in their teaching purposes.
3  Subsection 10(1) (definition of educational institution)
Omit “but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals”.
4  Paragraph 10A(1)(b)
Repeal the paragraph.
5  After paragraph 10A(4)(a)
Insert:
	(aa)	sets out the principal function or principal functions of the institution or of an undertaking within the body administering the institution; and
6  After subsection 10A(5)
Insert:
	(5A)	A collecting society may apply to the Copyright Tribunal for review of a declaration included in a notice published under subsection (4) of this section for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).
Note:	For applications to the Tribunal for review see section 153L.
7  Before section 154
Insert:
153L  Applications to Tribunal for review of declarations of certain educational institutions
	(1)	This section applies where an application is made to the Tribunal under subsection 10A(5A) for review of a declaration included in a notice published under subsection 10A(4) for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).
	(2)	The parties to the application are:
	(a)	the collecting society that made the application; and
	(b)	the body administering the institution that caused the notice to be published.
	(3)	After giving each party an opportunity to present its case, the Tribunal must:
	(a)	confirm the declaration; or
	(b)	set aside the notice.
	(4)	If the Tribunal sets aside the notice, the Tribunal must cause to be published in the Gazette a notice that:
	(a)	sets out full particulars of the name and address of the institution; and
	(b)	contains a statement to the effect that the notice previously published by the body administering the institution under subsection 10A(4) has been set aside.
Upon publication of the Tribunal’s notice, the notice published under subsection 10A(4) ceases to have effect for the purposes of paragraph (g), (h) or (i) of the definition of educational institution in subsection 10(1).
	(5)	The Tribunal may only set aside a notice if it determines that the principal function, or the principal functions, as the case may be, of the institution concerned are not as described in the declaration included in the notice.
8  Saving
If, immediately before the commencement of this Schedule, a declaration under paragraph 10A(1)(b) of the Copyright Act 1968 was in force, that Act has effect, in relation to the declaration and the institution to which the declaration relates, as if this Act had not been enacted.

Schedule 11—Minor amendments
  
Copyright Act 1968
1  Subsection 10(1)
Insert:
licence in force under the Broadcasting Services Act 1992 has a meaning affected by subsection (5) of this section.
2  At the end of section 10
Add:
	(5)	A reference in this Act to a licence in force under the Broadcasting Services Act 1992 includes a reference to a licence that, under subsection 5(1) of the Broadcasting Services (Transitional Provisions) Act 1992, continues in force as if it had been allocated under the Broadcasting Services Act 1992.
3  Section 44A
After “37” (wherever occurring), insert “(1)”.
4  Division 5 of Part III (heading)
Repeal the heading, substitute:
Division 5—Copying of works in libraries or archives
Note:	The heading to section 52 is altered by adding at the end “or archives”.
5  At the end of paragraph 91(a)
Add “and”.
6  Paragraph 91(b)
Repeal the paragraph, substitute:
	(b)	in a television broadcast (other than a broadcast transmitted for a fee payable to the person who made the broadcast) made from a place in Australia under a licence in force under the Broadcasting Services Act 1992 by the holder of the licence; and
7  Paragraph 91(d)
Repeal the paragraph, substitute:
	(d)	in a sound broadcast (other than a broadcast transmitted for a fee payable to the person who made the broadcast) made from a place in Australia under a licence in force under the Broadcasting Services Act 1992 by the holder of the licence.
8  After section 91
Insert:
91A  Copyright in broadcasts authorised under both Radiocommunications Act and Broadcasting Services Act
		Copyright may subsist in a television broadcast or sound broadcast under subparagraph 91(a)(iii) or (c)(iii) even though copyright does not subsist in the broadcast under paragraph 91(b) or (d) because the broadcast was transmitted for a fee to the person who made the broadcast.
9  Paragraph 99(b)
Omit “or permit granted under the Broadcasting Act 1942”, substitute “in force under the Broadcasting Services Act 1992”.
10  Section 109
After “broadcast” (first occurring), insert “(other than a broadcast transmitted for a fee payable to the person who made the broadcast)”. 
11  Section 112A
After “102” (wherever occurring), insert “(1)”.
12  Subsection 132(3)
Omit “plate”, substitute “device”.
13  Subsection 133(4)
Omit “plate”, substitute “device”.
14  Section 134
Omit “plate” (wherever occurring), substitute “device”.
15  Part VA (heading)
Repeal the heading, substitute:
Part VA—Copying of transmissions by educational and other institutions
16  Section 135A (definition of broadcast)
Repeal the definition.
17  Section 135A (definition of preview copy)
Omit “broadcast”, substitute “transmission”.
18  Section 135A
Insert:
transmission means:
	(a)	a sound broadcast or a television broadcast including (to avoid doubt) a sound broadcast, or a television broadcast, transmitted for a fee; and
	(b)	a transmission to subscribers to a diffusion service other than:
	(i)	a transmission of a sound recording; or
	(ii)	a transmission that does not constitute an infringement of copyright because of subsection 199(4).
19  Section 135B
Omit “broadcast” (wherever occurring), substitute “transmission”.
Note:	The heading to section 135B is altered by omitting “broadcasts” and substituting “transmissions”.
20  Division 2 of Part VA (heading)
Repeal the heading, substitute:
Division 2—Copying of transmissions
21  Section 135E
Omit “broadcast” (wherever occurring), substitute “transmission”.
Note:	The heading to section 135E is altered by omitting “broadcasts” and substituting “transmissions”.
22  Section 135F
Omit “broadcast” (wherever occurring), substitute “transmission”.
23  Subsection 135G(1)
Omit “broadcasts”, substitute “transmissions”.
24  Subsection 135H(1)
Omit “broadcast”, substitute “transmission”.
25  Paragraph 135H(2)(a)
Omit “broadcasts”, substitute “transmissions”.
26  Section 135J
Omit “broadcasts” (wherever occurring), substitute “transmissions”.
27  Subsection 135J(5)
Omit “broadcast”, substitute “transmission”.
28  Section 135K
Omit “broadcast” (wherever occurring), substitute “transmission”.
29  Subsection 135L(1)
Omit “broadcasts” (wherever occurring), substitute “transmissions”.
30  Subsection 135N(1)
Omit “broadcasts”, substitute “transmissions”.
31  Subparagraph 135P(3)(d)(i)
Omit “administrative”, substitute “administering”.
32  Section 135U
Omit “broadcast” (wherever occurring), substitute “transmission”.
33  Section 135V
Omit “broadcasts”, substitute “transmissions”.
34  Subsection 135W(1)
Omit “broadcasts”, substitute “transmissions”.
35  Section 135Z
Omit “broadcast” (wherever occurring), substitute “transmission”.
36  Section 135ZA
Omit “broadcast”, substitute “transmission”.
37  Subsection 135ZZB(3)
Omit “a collecting society” (wherever occurring), substitute “the collecting society”.
38  Subsection 146(3)
Repeal the subsection, substitute:
	(3)	If a party to an application or reference requests that the Tribunal be constituted by more than one member for the purposes of the application or reference, the Tribunal must, for the purposes of the application or reference, be constituted by not less than 2 members of whom one must be the President or a Deputy President.
	(3A)	Nothing in subsection (3) prevents a single member from exercising the powers of the Tribunal in relation to matters of procedure.
39  Division 3 of Part VI (heading)
Repeal the heading, substitute:
Division 3—Applications and references to the Tribunal
40  Subsection 152(1) (paragraph (b) of the definition of broadcaster)
Omit “or permit granted under the Broadcasting Act 1942”, substitute “in force under the Broadcasting Services Act 1992”.
41  Subsection 152(1)
Insert:
broadcasting does not include broadcasting by a transmission for a fee payable to the person who made the broadcast.
42  Subsection 152(8)
Omit “radio licence granted under the Broadcasting Act 1942”, substitute “licence in force under the Broadcasting Services Act 1992 that authorises the holder to broadcast radio programs”.
43  Subsection 152(9)
Omit “radio licence granted under the Broadcasting Act 1942 has, with the leave of the Australian Broadcasting Tribunal under section 123 of that Act”, substitute “licence in force under the Broadcasting Services Act 1992 that authorises the holder to broadcast radio programs has, with the leave of the Australian Broadcasting Authority”.
44  Subsection 161(9)
Repeal the subsection.
45  Paragraph 166(2)(a)
Omit “an intended inquiry by the Tribunal under section 148 or”.
46  Subsection 174(3)
Repeal the subsection.
47  Paragraph 184(1)(f)
Omit “or permit granted under the Broadcasting Act 1942”, substitute “in force under the Broadcasting Services Act 1992”.
48  Subsection 195A(5)
Repeal the subsection.
49  Paragraph 199(7)(a)
Omit “or permit granted under the Broadcasting Act 1942”, substitute “in force under the Broadcasting Services Act 1992”.
50  Paragraph 199(7)(b)
Omit “or permit granted under the Broadcasting Act 1942”, substitute “in force under the Broadcasting Services Act 1992”.
51  Subsection 202(5)
Omit “plate”, substitute “device”.
52  Subsection 248A(1) (definition of performance)
After “Australia or”, insert “given”.