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COPYRIGHT ACT 1968 - SECT 249

Regulations

General regulation-making power

             (1)  The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, prescribing penalties not exceeding a fine of $100 for offences against the regulations.

Regulations in relation to technological protection measures

             (2)  Without limiting subsection (1), the Governor-General may make regulations prescribing the doing of an act by a person for the purposes of subsections 116AN(9) and 132APC(9).

Note:          For prescription of acts and persons by class, see subsection 13(3) of the Legislation Act 2003 .

             (3)  However, the Governor-General must not make a regulation prescribing the doing of an act by a person unless the Minister makes a recommendation to prescribe the doing of the act by the person.

             (4)  The Minister may only make a recommendation to prescribe the doing of an act by a person if:

                     (a)  a submission has been made (whether before or after the commencement of this section) to prescribe the doing of the act by the person; and

                     (b)  the doing of the act by the person will not infringe the copyright in a work or other subject-matter; and

                     (c)  the doing of the act by the person is in relation to a particular class of works or other subject-matter; and

                     (d)  an actual or likely adverse impact on the doing of the act by the person has been credibly demonstrated; and

                     (e)  the adequacy of the protection and the effectiveness of the remedies provided by Subdivision A of Division 2A of Part V and Subdivision E of Division 5 of Part V would not be impaired if the doing of the act by the person were prescribed.

Note:          For the purposes of paragraph (a), it is not necessary for the person who made the submission to be the person in relation to whom the act is prescribed.

             (5)  If a submission has been made to prescribe the doing of an act by a person, the Minister must make a decision whether to recommend the prescription of the doing of the act by the person as soon as practicable after receiving the submission, but in any case, within 4 years of receiving it.

             (6)  The Governor-General may make regulations varying or revoking regulations made under subsection (2).

             (7)  However, the Governor-General must not make a regulation varying or revoking a regulation made under subsection (2) unless the Minister makes a recommendation to vary or revoke the regulation.

             (8)  The Minister may make a recommendation to vary or revoke a regulation made under subsection (2) only if:

                     (a)  a submission has been made to vary or revoke the regulation; and

                     (b)  an actual or likely adverse impact on the doing of the act by the person that is the subject of the regulation can no longer be credibly demonstrated; and

                     (c)  the adequacy of the protection and the effectiveness of the remedies provided by Subdivision A of Division 2A of Part V and Subdivision E of Division 5 of Part V would be impaired if the regulation were not varied or revoked.

             (9)  If a submission has been made to vary or revoke a regulation made under subsection (2), the Minister must make a decision whether to recommend the variation or revocation of the regulation as soon as practicable after receiving the submission, but in any case, within 4 years of receiving it.




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