Consideration resumed from 4 December.

Senate’s amendments—

(1)    Schedule 1, item 6, page 18 (line 17), omit “offences”, substitute “offence”.

(2)    Schedule 1, item 6, page 18 (line 28) to page 19 (line 3), omit subsection 132AI(8).

(3)    Schedule 1, item 6, page 19 (line 4), omit “Subsections (7) and (8) are offences”, substitute “Subsection (7) is an offence”.

(4)    Schedule 1, item 6, page 23 (line 20), omit “offences”, substitute “offence”.

(5)    Schedule 1, item 6, page 23 (line 29) to page 24 (line 3), omit subsection 132AL(9).

(6)    Schedule 1, item 6, page 24 (line 4), omit “Subsections (8) and (9) are offences”, substitute “Subsection (8) is an offence”.

(7)    Schedule 1, item 6, page 25 (lines 22 to 31), omit subsections 132AN(5) and (6).

(8)    Schedule 1, item 6, page 27 (line 1), omit subparagraph 132AO(5)(a)(i).

(9)    Schedule 1, item 8, page 36 (lines 20 to 23), omit subsection 133B(1), substitute:

        (1)    The regulations may make provision enabling a person who is alleged to have committed an offence of strict liability against this Division to do both of the following as an alternative to prosecution:

             (a)    pay a penalty to the Commonwealth;

             (b)    forfeit to the Commonwealth:

                   (i)    each article (if any) that is alleged to be an infringing copy of a work or other subject-matter and that is alleged to have been involved in the commission of the offence; and

                  (ii)    each device (if any) that is alleged to have been made to be used for making an infringing copy of a work or other subject-matter and that is alleged to have been involved in the commission of the offence.

                   (i)    each article (if any) that is alleged to be an infringing copy of a work or other subject-matter and that is alleged to have been involved in the commission of the offence; and

                  (ii)    each device (if any) that is alleged to have been made to be used for making an infringing copy of a work or other subject-matter and that is alleged to have been involved in the commission of the offence.

Note:   Regulations made for this purpose will make provision to the effect that a prosecution of an alleged offender will be avoided if the alleged offender both pays a penalty to the Commonwealth and forfeits to the Commonwealth all relevant articles and devices (if any).

record means a disc, tape, paper or other device in which sounds are embodied.

private and domestic use means private and domestic use on or off domestic premises.

Note:   Subsection 10(1) defines broadcast as a communication to the public delivered by a broadcasting service within the meaning of the Broadcasting Services Act 1992.

109A  Copying sound recordings for private and domestic use

                   (i)    is a device that can be used to cause sound recordings to be heard; and

                  (ii)    he or she owns; and

Note:   If the earlier or later copy is dealt with as described in subsection (3), then copyright may be infringed not only by the making of the later copy but also by a dealing with the later copy.

(1)    The Minister must cause to be carried out by the end of 31 March 2008 a review of the operation of sections 47J and 110AA of the Copyright Act 1968.

Note:                Those sections are inserted in that Act by this Part.

(2)    The Minister must cause a copy of the report of the review to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.

41A  Fair dealing for purpose of parody or satire

103AA  Fair dealing for purpose of parody or satire

Cost recovery not commercial advantage or profit

51B  Making preservation copies of significant works in key cultural institutions’ collections

                   (i)    has, under a law of the Commonwealth or a State or Territory, the function of developing and maintaining the collection; or

                  (ii)    is prescribed by the regulations for the purposes of this subparagraph; and

110BA  Making preservation copies of significant recordings and films in key cultural institutions’ collections

                   (i)    has, under a law of the Commonwealth or a State or Territory, the function of developing and maintaining the collection; or

                  (ii)    is prescribed by the regulations for the purposes of this subparagraph; and

112AA  Making preservation copies of significant published editions in key cultural institutions’ collections

                   (i)    has, under a law of the Commonwealth or a State or Territory, the function of developing and maintaining the collection; or

                  (ii)    is prescribed by the regulations for the purposes of this subparagraph; and

                   (i)    is given by a teacher; and

                  (ii)    is not given for profit; and

                   (i)    is given by a teacher; and

                  (ii)    is not given for profit; and

Note:                The heading to section 28 is altered by inserting “and communication” after “Performance”.

200AAA  Proxy web caching by educational institutions

                   (i)    temporary electronic reproductions of works made available online through the system to users of the system in response to action by the users; and

                  (ii)    temporary electronic copies of other subject-matter made available online through the system to users of the system in response to action by the users; and

system includes network.

broadcaster means a person licensed under the Broadcasting Services Act 1992 to provide a broadcasting service (as defined in that Act) by which an encoded broadcast is delivered.

licensor means a body corporate for which both the following conditions are met:

                   (i)    entitles any owner of copyright, or any owner of copyright of a specified kind, to become a member of the body; and

                  (ii)    requires the body to protect the interests of its members connected with copyright; and

                 (iii)    provides that the main business of the body is granting licences; and

                 (iv)    requires the body to distribute to its members the proceeds (after deduction of the body’s administrative expenses) from payments to the body for licences; and

                  (v)    prevents the body from paying dividends.

157A  Tribunal must have regard to ACCC guidelines on request

Part 4—Records notices

Copyright Act 1968

Note 1:     The following heading to subsection 135K(1) is inserted “If records notice is given”.

Note 2:     The following heading to subsection 135K(3) is inserted “If sampling notice is given”.

(1)    The amendment of section 135K of the Copyright Act 1968 made by this Part applies in relation to a records notice given on or after the commencement of the amendment.

(2)    The amendment also applies in relation to a records notice given by or on behalf of an administering body before that commencement, if the body and the collecting society make an agreement determining a matter described in subsection 135K(2A) of the Copyright Act 1968. In that case, the amendment applies at and after the time the agreement comes into force.

Note:        While the amendment does not apply, section 135K of the Copyright Act 1968, as in force before the commencement of the amendment, applies.

(3)    In this item:

Note 1:  The following heading to subsection 135ZX(1) is inserted “If records notice is given”.

Note 2:     The following heading to subsection 135ZX(3) is inserted “If sampling notice is given”.

Note 3:     The following heading to subsection 135ZX(4) is inserted “Regulations relevant to records notices and sampling notices”.

(1)    The amendment of section 135ZX of the Copyright Act 1968 made by this Part applies in relation to a records notice given on or after the commencement of the amendment.

(2)    The amendment also applies in relation to a records notice given by or on behalf of an administering body before that commencement, if the body and the relevant collecting society make an agreement determining a matter described in subsection 135ZX(2A) of the Copyright Act 1968. In that case, the amendment applies at and after the time the agreement comes into force.

Note:                While the amendment does not apply, section 135ZX of the Copyright Act 1968, as in force before the commencement of the amendment, applies.

(3)    In this item:

153BAA  Application to the Tribunal under subsection 135K(2A)

administering body has the same meaning as in Part VA.

collecting society has the same meaning as in Part VA.

153DB  Application to the Tribunal under subsection 135ZX(2A)

administering body has the same meaning as in Part VB.

relevant collecting society has the same meaning as in Part VB.

                (iia)    relates to elements of the original program that will not be readily available to the person when the circumvention occurs; and

                (iia)    relates to elements of the original program that will not be readily available to the person doing the act when the circumvention occurs; and

                (iia)    relates to elements of the original program that will not be readily available to the person doing the act when the circumvention occurs; and

                (iia)    relates to elements of the original program that will not be readily available to the person when the circumvention occurs; and

                (iia)    relates to elements of the original program that will not be readily available to the person doing the act when the circumvention occurs; and

                (iia)    relates to elements of the original program that will not be readily available to the person doing the act when the circumvention occurs; and

See this item in context