Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of paragraph (b) of subsection (1) of section 55 of the Act, the prescribed notice of the intended making of a record of a musical work is a written notice given in accordance with this regulation by the person intending to make the record.
(2) Subject to the next two succeeding subregulations, if the owner of the copyright in the musical work resides or carries on business in Australia, the notice shall be given by service of the notice on the owner.
(3) Subject to the next succeeding subregulation, if the owner of the copyright in the musical work has appointed a person residing or carrying on business in Australia as his agent for the purpose of receiving notices under section 55 of the Act, the notice may be given by service of the notice on the agent.
(4) If the person intending to make the record does not know the name, or an address for service in Australia, of the owner of the copyright in the musical work or of a person appointed by the owner as his agent for the purpose of receiving notices under section 55 of the Act, the notice shall be given by publication of the notice in the Gazette and, if the notice does not include the information referred to in subregulation (6) of this regulation and the owner or his agent makes an application in accordance with subregulation (8) of this regulation, by the furnishing of that information to the owner or agent.
(5) The notice shall:
(a) state that a person specified in the notice intends to make in Australia a record of the musical work or of part of the musical work;
(b) state the address of the place of residence or business of the person intending to make the record;
(c) state the title, if any, of the work and, if that title is not sufficient to enable the work to be identified, contain a description of the work that is sufficient to enable the work to be identified;
(d) if the record is to comprise a performance of the work in which words are sung, or are spoken incidentally to or in association with the music -- state that fact; and
(e) if the identity of the author of the work is known to the person intending to make the record -- state the name of the author.
(6) Where the notice is given in accordance with subregulation (2) or subregulation (3) of this regulation, the notice shall, and, where the notice is given in accordance with subregulation (4) of this regulation, the notice may, also:
(a) set out any particulars known to the person intending to make the record that are necessary to enable the owner of the copyright to identify such a previous record of the musical work as is referred to in paragraph (a) of subsection (1) of section 55 of the Act;
(b) state whether the record that is intended to be made is to be a disc, tape, paper or other device;
(c) state the trade description that is intended to be placed on the label of the record and the proposed trade prefix and catalogue number of the record;
(d) state the date on which it is proposed to offer or expose the record for sale to the public in Australia;
(e) state the proposed selling price to the public of the record; and
(f) state the amount of the royalty that the person intending to make the record estimates will be payable to the owner of the copyright in respect of the record.
(7) Where the notice is given in accordance with subregulation (4) of this regulation and the notice published in the Gazette does not contain the information referred to in the last preceding subregulation, the notice shall also state the address of a place in Australia at which that information may be obtained.
(8) Upon personal or written application at the address specified in a notice referred to in the last preceding subregulation by the owner of the copyright in the musical work or a person appointed by him as his agent for the purpose of making such an application, the person intending to make the record shall, unless the information referred to in subregulation (6) of this regulation was included in the notice, furnish that information to the owner or agent.