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Schedule 3—Minor amendments

Schedule 3 Minor amendments

Part 1 References to Attorney-General

 

Copyright Act 1968

1  Section 135ZZX

Omit “Attorney-General”, substitute “Minister”.

2  Subsection 183(6)

Omit “by the Attorney-General of the Commonwealth or the Attorney-General of the State.”, substitute:

                   by:

                     (a)  in the case of the Commonwealth—the Minister; or

                     (b)  in the case of a State—the Minister of the State with responsibility for copyright.

3  Subsection 183D(1)

Omit “Attorney-General”, substitute “Minister”.

4  Paragraph 183D(4)(b)

Omit “Attorney-General”, substitute “Minister”.

5  Subsection 183D(5)

Omit “Attorney-General” (wherever occurring), substitute “Minister”.

6  Section 183E

Omit “Attorney-General”, substitute “Minister”.

7  Transitional—amendments do not affect things done

Things done under amended provisions

(1)       Subitem (2) applies to a thing done under a provision of the Copyright Act 1968 if:

                     (a)  the provision is amended by an item of this Part; and

                     (b)  the thing was in force immediately before the commencement of that item.

(2)       The thing has effect, after the commencement of that item, as if it had been done under that provision as amended by that item. However, this is not taken to change the time at which the thing was actually done.

Amendments do not affect requirements for things done

(3)       Subitem (4) applies to a thing done under the Copyright Act 1968 if:

                     (a)  the thing was in force, and complied with a requirement of that Act, immediately before the commencement of an item of this Part; and

                     (b)  immediately after the commencement of that item, the thing fails to comply with that requirement solely because of the amendments of that Act made by that item.

(4)       Disregard those amendments when considering, on and after the commencement of that item, whether the thing complies with that requirement.

Meaning of thing done

(5)       In this item, a thing done includes:

                     (a)  the making of an instrument; and

                     (b)  the making of a decision.

8  Instrument may deal with transitional etc. matters

(1)       The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Part.

(2)       To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or an Act amended by this Part;

                     (e)  directly amend the text of this Act or an Act amended by this Part.

(3)       This Part (other than subitem (2) of this item) does not limit the rules that may be made for the purposes of subitem (1).

Part 2 Preconditions for making regulations

Copyright Act 1968

9  Subsection 10(1)

Insert:

international agreement means:

                     (a)  a convention to which Australia is a party; or

                     (b)  an agreement or arrangement between Australia and a foreign country, including an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country.

10  Subsection 184(3)

Repeal the subsection, substitute:

             (3)  Before the Governor-General makes a regulation for the purposes of subsection (1) applying a provision of this Act in relation to a country other than Australia:

                     (a)  the country must be a party to an international agreement specified, in relation to the provision of this Act, by the regulations for the purposes of this paragraph; or

                     (b)  the Minister must be satisfied that adequate protection is or will be given under the law of the country to owners of copyright under this Act in the class of works or other subject-matter to which the provision of this Act relates.

11  Subsection 185(1)

Repeal the subsection.

12  Subsection 185(2)

Omit “Regulations made for the purposes of this section may”, substitute “The regulations may, subject to subsection (3),”.

13  Subsection 185(3)

Repeal the subsection, substitute:

             (3)  Before the Governor-General makes a regulation for the purposes of subsection (2) in relation to a country:

                     (a)  the Minister must be satisfied that that the law of the country:

                              (i)  does not give adequate protection to Australian works; or

                             (ii)  does not give adequate protection in relation to a class or classes of such works;

                            (whether the lack of protection relates to the nature of the work or the nationality, citizenship or country of residence of its author, or all of those matters); and

                     (b)  the Minister must have regard to the nature and extent of that lack of protection.

14  Subsection 186(1)

Repeal the subsection, substitute:

             (1)  The regulations may, subject to subsection (1A), declare an organization:

                     (a)  of which 2 or more countries, or the Governments of 2 or more countries, are members; or

                     (b)  that is constituted by persons representing 2 or more countries, or representing the Governments of 2 or more countries;

to be an international organization to which this Act applies.

          (1A)  Before the Governor-General makes a regulation for the purposes of subsection (1) in relation to an organization, the Minister must be satisfied that it is desirable that this Act should apply in relation to the organization.

15  Subsection 248U(3)

Repeal the subsection, substitute:

             (3)  Before the Governor-General makes a regulation for the purposes of subsection (1) applying a provision of this Part in relation to a foreign country:

                     (a)  the country must be a party to an international agreement specified, in relation to the provision of this Part, by the regulations for the purposes of this paragraph; or

                     (b)  the Minister must be satisfied that adequate protection is or will be given under the law of the country to performers in performances:

                              (i)  protected under this Act; and

                             (ii)  to which the provision of this Part relates.

16  Subsection 248V(1)

Repeal the subsection.

17  Subsection 248V(2)

Omit “Regulations made for the purposes of this section may”, substitute “The regulations may, subject to subsection (3),”.

18  At the end of section 248V

Add:

             (3)  Before the Governor-General makes a regulation for the purposes of subsection (2) in relation to a foreign country:

                     (a)  the Minister must be satisfied that that the law of the country does not give adequate protection to Australian performances (whether the lack of protection relates to all or any of the ways that the provisions may be applied by the regulations under subsection 248U(1)); and

                     (b)  the Minister must have regard to the nature and extent of that lack of protection.

19  Application of amendments

The amendments made by items 10 to 18 of this Schedule apply in relation to a regulation made on or after the commencement of this item.

(40/17)