Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(regulations 20E, 20F, 20I, 20K, 20Q and 20T)
Part 1 Form of notification in relation to cached copyright material
COMMONWEALTH OF AUSTRALIA
NOTIFICATION THAT CACHED COPYRIGHT MATERIAL HAS BEEN REMOVED OR ACCESS HAS BEEN DISABLED AT THE ORIGINATING SITE
TO [ name of carriage service provider ]
1. I, the person whose name is stated below, issue this notification for the purposes of condition 3 of item 3 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20E of the Copyright Regulations 1969 .
2. I am the *owner/*agent of the owner of the copyright in the cached copyright material specified in the Schedule (the specified cached copyright material ).
3. I believe, in good faith, that the specified cached copyright material has been removed, or access to it has been disabled, at the originating site.
4. I have taken reasonable steps to ensure that the information and statements in this notification are accurate.
NAME OF *OWNER/*AGENT OF OWNER:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E‑MAIL ADDRESS:
[ signature ]
*Owner/*Agent of owner
SCHEDULE
DESCRIPTION OF CACHED COPYRIGHT MATERIAL: [ insert sufficient information to enable the carriage service provider to identify the cached copyright material that has been removed, or to which access has been disabled, at the originating site ]
INFORMATION ABOUT THE ORIGINATING SITE: [ insert sufficient information to enable the carriage service provider to identify the originating site from which the cached copyright material has been removed or at which access has been disabled ]
DESCRIPTION OF CACHED COPYRIGHT MATERIAL ON CARRIAGE SERVICE PROVIDER'S SYSTEM OR NETWORK: [ insert sufficient information to enable the carriage service provider to identify the cached copyright material on its system or network that is to be removed, or to which access is to be disabled ]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient -- see section 25C of the Acts Interpretation Act 1901 .
Note 2 If this notification is issued by electronic communication, the requirement to sign the notification is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notification -- see regulation 20X of the Copyright Regulations 1969 . In addition, it is an offence under the Criminal Code to issue this notification knowing that it is false or misleading in a material particular -- see section 137.2 of the Criminal Code .
Part 2 Form of notice in relation to copyright material found to be infringing by an Australian court
COMMONWEALTH OF AUSTRALIA
NOTICE RELATING TO COPYRIGHT MATERIAL THAT HAS BEEN FOUND TO BE INFRINGING BY AN AUSTRALIAN COURT
TO [ name of carriage service provider ]
1. I, the person whose name is stated below, issue this notice for the purposes of:
*condition 2 of item 4 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20F of the Copyright Regulations 1969 .
OR
*condition 2 of item 5 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20F of the Copyright Regulations 1969 .
2. I am the *owner/*agent of the owner of the copyright in the copyright material specified in the Schedule (the specified copyright material ), being:
*copyright material residing on your system or network.
OR
*copyright material to which you have provided a reference on your system or network.
3. I believe, in good faith, that the specified copyright material has been found to be infringing by an Australian court.
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
NAME OF *OWNER/*AGENT OF OWNER:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E‑MAIL ADDRESS:
[ signature ]
*Owner/*Agent of owner
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [ insert sufficient information to enable the carriage service provider to identify the copyright material that has been found to be infringing by an Australian court ]
LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE SERVICE PROVIDER'S SYSTEM OR NETWORK OR REFERENCE TO COPYRIGHT MATERIAL PROVIDED BY CARRIAGE SERVICE PROVIDER ON ITS SYSTEM OR NETWORK: [ insert sufficient information to enable the carriage service provider to locate on its system or network the copyright material that has been found to be infringing by an Australian court, or the reference provided by the carriage service provider on its system or network to copyright material that has been found to be infringing by an Australian court ]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient -- see section 25C of the Acts Interpretation Act 1901 .
Note 2 If this notice is issued by electronic communication, the requirement to sign the notice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notice -- see regulation 20X of the Copyright Regulations 1969 . In addition, it is an offence under the Criminal Code to issue this notice knowing that it is false or misleading in a material particular -- see section 137.2 of the Criminal Code .
Part 3 Form of notice of claimed infringement by owner or agent -- copyright material
COMMONWEALTH OF AUSTRALIA
NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY COPYRIGHT OWNER OR
AGENT --
COPYRIGHT MATERIAL
TO [ name of carriage service provider ]
1. I, the person whose name is stated below, issue this notice for the purposes of condition 3 of item 4 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20I of the Copyright Regulations 1969 .
2. I am the *owner/*agent of the owner of the copyright in the copyright material specified in the Schedule (the specified copyright material ), being copyright material residing on your system or network.
Omit the following paragraph if this notice is being completed by the agent of the copyright owner.
*3. I believe, in good faith, that the storage of the specified copyright material on your system or network is not authorised by me or a licensee, or the Copyright Act 1968 , and is therefore an infringement of the copyright in that material.
Omit the following paragraph if this notice is being completed by the copyright owner.
*3. I believe, in good faith, that the storage of the specified copyright material on your system or network is not authorised by the copyright owner or a licensee of the copyright owner, or the Copyright Act 1968 , and is therefore an infringement of the copyright in that material.
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
NAME OF *OWNER/*AGENT OF OWNER:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E‑MAIL ADDRESS:
[ signature ]
*Owner/*Agent of owner
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [ insert sufficient information to enable the carriage service provider to identify the copyright material in respect of which the infringement is claimed ]
LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE SERVICE PROVIDER'S SYSTEM: [ insert sufficient information to enable the carriage service provider to locate on its system or network the copyright material in respect of which the infringement is claimed ]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient -- see section 25C of the Acts Interpretation Act 1901 .
Note 2 If this notice is issued by electronic communication, the requirement to sign the notice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notice -- see regulation 20X of the Copyright Regulations 1969 . In addition, it is an offence under the Criminal Code to issue this notice knowing that it is false or misleading in a material particular -- see section 137.2 of the Criminal Code .
Part 4 Form of counter‑notice in response to notice of claimed infringement by owner or agent
COMMONWEALTH OF AUSTRALIA
COUNTER‑NOTICE IN RESPONSE TO
NOTICE OF CLAIMED INFRINGEMENT OF
COPYRIGHT BY COPYRIGHT OWNER OR AGENT
TO [ name of carriage service provider ]
1. I, the individual or body corporate whose name is stated below, having received a copy of a notice of claimed infringement from you under regulation 20J of the Copyright Regulations 1969 in relation to the copyright material specified in the Schedule (the specified copyright material ), issue this counter‑notice for the purposes of condition 3 of item 4 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20K of the Copyright Regulations 1969 .
2. I am the user who directed you to store the specified copyright material on your system or network.
3. I believe, in good faith on the grounds set out in paragraph 4, that the notice of claimed infringement was issued because of:
*(a) a mistake as to fact or law in relation to the specified copyright material; or
*(b) a mistake in identifying the specified copyright material.
4. The grounds for my belief in the statement in paragraph 3 are as follows:
[ state the grounds ]
Omit the following paragraph if the user does NOT live in, or carry on a business in, Australia.
*5. I agree to comply with the orders of a court having jurisdiction in the place where I live or undertake my business, being a place in Australia.
Omit the following paragraph if the user lives in, or carries on a business in, Australia.
*5. I agree to comply with the orders of a court having jurisdiction in a place in Australia where you, the carriage service provider, are located and where an action for infringement of the copyright in the specified copyright material could be brought.
6. I will accept service of process in any action for infringement of the copyright in the specified copyright material.
7. I have taken reasonable steps to ensure that the information and statements in this counter‑notice are accurate.
NAME OF *INDIVIDUAL/*BODY CORPORATE:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E‑MAIL ADDRESS:
[ signature ]
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [ insert sufficient information to enable the carriage service provider to identify the copyright material in respect of which the infringement is claimed ]
LOCATION OF COPYRIGHT MATERIAL ON CARRIAGE SERVICE PROVIDER'S SYSTEM OR NETWORK: [ insert sufficient information to enable the carriage service provider to identify where on its system or network the copyright material in respect of which the infringement is claimed was stored ]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient -- see section 25C of the Acts Interpretation Act 1901 .
Note 2 A counter‑notice must be issued to the carriage service provider's designated representative within 3 months after the user receives the notice of claimed infringement to which the counter‑notice relates.
Note 3 If this counter‑notice is issued by electronic communication, the requirement to sign the counter‑notice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 4 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this counter‑notice -- see regulation 20X of the Copyright Regulations 1969 . In addition, it is an offence under the Criminal Code to issue this counter‑notice knowing that it is false or misleading in a material particular -- see section 137.2 of the Criminal Code .
Note 5 As soon as practicable after the carriage service provider receives this counter‑notice, the carriage service provider must send a copy of it to the copyright owner or agent, together with a notice stating that if the owner or agent does not, within 10 working days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the carriage service provider will restore, or enable access to, the copyright material on its system or network -- see regulation 20L of the Copyright Regulations 1969 .
Note 6 Information that could identify a user who is an individual may be disclosed by the carriage service provider in the copy of this counter‑notice or the notice referred to in Note 5 sent to the copyright owner or agent if the disclosure is consistent with the Telecommunications Act 1997 and the Privacy Act 1988 . However, if the carriage service provider is required by a court to disclose identifying information about a user who is an individual, the information must be disclosed.
Part 5 Form of counter‑notice in response to takedown of copyright material other than following notice by owner or agent
COMMONWEALTH OF AUSTRALIA
COUNTER‑NOTICE IN RESPONSE TO TAKEDOWN OF COPYRIGHT MATERIAL OTHER THAN FOLLOWING NOTICE BY COPYRIGHT OWNER OR AGENT
TO [ name of carriage service provider ]
1. I, the individual or body corporate whose name is stated below, having received a notice from you under regulation 20P of the Copyright Regulations 1969 in relation to the copyright material specified in the Schedule (the specified copyright material ), issue this counter‑notice for the purposes of condition 3 of item 4 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20Q of the Copyright Regulations 1969 .
2. I am the user who directed you to store the specified copyright material on your system or network.
3. I believe, in good faith on the grounds set out in paragraph 4, that you have removed, or disabled access to, the specified copyright material because of:
*(a) a mistake as to fact or law in relation to the specified copyright material; or
*(b) a mistake in identifying the specified copyright material.
4. The grounds for my belief in the statement in paragraph 3 are as follows:
[ state the grounds ]
5. I have taken reasonable steps to ensure that the information and statements in this counter‑notice are accurate.
NAME OF *INDIVIDUAL/*BODY CORPORATE:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E‑MAIL ADDRESS:
[ signature ]
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [ insert sufficient information to enable the carriage service provider to identify the copyright material that has been removed, or to which access has been disabled ]
LOCATION OF COPYRIGHT MATERIAL ON CARRIAGE SERVICE PROVIDER'S SYSTEM OR NETWORK: [ insert sufficient information to enable the carriage service provider to identify where on its system or network the copyright material that has been removed, or to which access has been disabled, was stored ]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient -- see section 25C of the Acts Interpretation Act 1901 .
Note 2 A counter‑notice must be issued to the carriage service provider's designated representative within 3 months after the user receives the notice to which the counter‑notice relates.
Note 3 If this counter‑notice is issued by electronic communication, the requirement to sign the counter‑notice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 4 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this counter‑notice -- see regulation 20X of the Copyright Regulations 1969 . In addition, it is an offence under the Criminal Code to issue this counter‑notice knowing that it is false or misleading in a material particular -- see section 137.2 of the Criminal Code .
Note 5 If the carriage service provider is satisfied, on the basis of the information and statements in this counter‑notice, that the specified copyright material is not, or is not likely to be, infringing, the carriage service provider must restore, or enable access to, the copyright material on its system or network -- see regulation 20R of the Copyright Regulations 1969 .
Part 6 Form of notice of claimed infringement by owner or agent -- reference to copyright material
COMMONWEALTH OF AUSTRALIA
NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY COPYRIGHT OWNER OR
AGENT --
REFERENCE TO COPYRIGHT MATERIAL
TO [ name of carriage service provider ]
1. I, the person whose name is stated below, issue this notice for the purposes of condition 3 of item 5 of the table in subsection 116AH (1) of the Copyright Act 1968 and regulation 20T of the Copyright Regulations 1969 .
2. I am the *owner/*agent of the owner of the copyright in the copyright material specified in the Schedule (the specified copyright material ), being copyright material to which you have provided a reference on your system or network.
3. I believe, in good faith, that the specified copyright material is infringing under the Copyright Act 1968 .
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
NAME OF *OWNER/*AGENT OF OWNER:
ADDRESS:
TELEPHONE NUMBER:
FAX NUMBER:
E‑MAIL ADDRESS:
[ signature ]
*Owner/*Agent of owner
SCHEDULE
DESCRIPTION OF COPYRIGHT MATERIAL: [ insert sufficient information to enable the carriage service provider to identify the copyright material in respect of which the infringement is claimed ]
LOCATION OF REFERENCE PROVIDED BY THE CARRIAGE SERVICE PROVIDER ON ITS SYSTEM OR NETWORK: [ insert sufficient information to enable the carriage service provider to locate on its system or network the reference provided by the carriage service provider to the copyright material that is claimed to be infringing ]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient -- see section 25C of the Acts Interpretation Act 1901 .
Note 2 If this notice is issued by electronic communication, the requirement to sign the notice is taken to have been met if the method described in subregulation 20D (2) of the Copyright Regulations 1969 is used.
Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notice -- see regulation 20X of the Copyright Regulations 1969 . In addition, it is an offence under the Criminal Code to issue this notice knowing that it is false or misleading in a material particular -- see section 137.2 of the Criminal Code .