Commonwealth: Copyright Amendment Act 2006 (Cth)

Copyright Amendment Act 2006 No. 158, 2006 An Act to amend the Copyright Act 1968, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Criminal laws Part 1—Main amendments Copyright Act 1968 Part 2—Amendment contingent on the Archives Amendment Act 2006 Copyright Act 1968 Schedule 2—Presumptions Copyright Act 1968 Schedule 3—Technologically neutral definitions Copyright Act 1968 Schedule 4—Civil remedies and commercial‑scale infringement online Copyright Act 1968 Schedule 5—Customs seizure of imported infringing copies Copyright Act 1968 Schedule 6—Exceptions to infringement of copyright Part 1—Recording broadcasts for replaying at more convenient time Copyright Act 1968 Part 2—Reproducing copyright material in different format for private use Copyright Act 1968 Part 3—Use of copyright material for certain purposes Copyright Act 1968 Part 4—Fair dealing for research or study Copyright Act 1968 Part 5—Official copying of library and archive material Copyright Act 1968 Schedule 7—Maker of communication Copyright Act 1968 Schedule 8—Responses to Digital Agenda review Part 1—Communication in the course of educational instruction Copyright Act 1968 Part 2—Educational copying of communications of free‑to‑air broadcasts Division 1—Main amendments Copyright Act 1968 Division 2—Consequential amendments Copyright Act 1968 Part 3—Insubstantial parts of works in electronic form Copyright Act 1968 Part 4—Electronic anthologies Copyright Act 1968 Part 5—Active caching for educational purposes Copyright Act 1968 Schedule 9—Unauthorised access to encoded broadcasts Copyright Act 1968 Schedule 10—Copyright Tribunal: amendments commencing first Part 1—Remuneration required by Parts VA and VB Copyright Act 1968 Part 2—Declarations of collecting societies Copyright Act 1968 Part 3—Tribunal name Copyright Act 1968 Part 4—Registrar Copyright Act 1968 Schedule 11—Copyright Tribunal: amendments commencing second Part 1—Licences and licence schemes Division 1—Voluntary licences Copyright Act 1968 Division 2—Substituting licence schemes Copyright Act 1968 Division 3—Involvement of Australian Competition and Consumer Commission Copyright Act 1968 Part 2—Distribution of amounts collected by declared collecting societies Copyright Act 1968 Part 3—Manner of paying royalty for copying musical works Copyright Act 1968 Part 4—Records notices Copyright Act 1968 Part 5—Alternative dispute resolution Copyright Act 1968 Part 6—Determination of questions relating to Parts VA and VB Copyright Act 1968 Schedule 12—Technological protection measures Part 1—Main amendments Copyright Act 1968 Part 2—Amendments contingent on the Archives Amendment Act 2006 Copyright Amendment Act 2006 No. 158, 2006 An Act to amend the Copyright Act 1968, and for related purposes [Assented to 11 December 2006] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Copyright Amendment Act 2006. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 11 December 2006 2. Schedule 1, Part 1 1 January 2007. 1 January 2007 3. Schedule 1, Part 2 The later of: Does not commence (a) immediately after the commencement of Part 1 of Schedule 1 to this Act; and (b) the time the Archives Amendment Act 2006 commences. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedules 2 to 5 1 January 2007. 1 January 2007 5. Schedules 6 to 8 The day on which this Act receives the Royal Assent. 11 December 2006 6. Schedule 9 The 28th day after the day on which this Act receives the Royal Assent. 8 January 2007 7. Schedule 10 The day on which this Act receives the Royal Assent. 11 December 2006 8. Schedule 11 Immediately after the commencement of Schedule 10. 11 December 2006 9. Schedule 12, Part 1 Immediately after the commencement of the provisions covered by table item 2. 1 January 2007 10. Schedule 12, Part 2 The later of: Does not commence (a) immediately after the commencement of Part 1 of Schedule 12 to this Act; and (b) immediately after the commencement of Schedule 1 to the Archives Amendment Act 2006. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Criminal laws Part 1—Main amendments Copyright Act 1968 1 At the end of section 49 Add: Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section. 2 At the end of section 50 Add: Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section. 3 At the end of subsection 51A(4) Add: Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section. 4 At the end of subsection 110B(3) Add: Note: Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section. 5 Subsection 126B(8) Repeal the subsection. 6 Section 132 Repeal the section, substitute: Subdivision A—Preliminary 132AA Definitions In this Division: article includes a reproduction or copy of a work or other subject‑matter, being a reproduction or copy in electronic form. copyright material means: (a) a work; or (b) a published edition of a work; or (c) a sound recording; or (d) a cinematograph film; or (e) a television or sound broadcast; or (f) a work that is included in a sound recording, a cinematograph film or a television or sound broadcast. distribute, except in Subdivision E, includes distribute by way of communication. place of public entertainment includes premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment. profit does not include any advantage, benefit, or gain, that: (a) is received by a person; and (b) results from, or is associated with, the person's private or domestic use of any copyright material. 132AB Geographical application (1) Subdivisions B, C, D, E and F apply only to acts done in Australia. (2) This section has effect despite section 14.1 (Standard geographical jurisdiction) of the Criminal Code. Subdivision B—Substantial infringement on a commercial scale 132AC Commercial‑scale infringement prejudicing copyright owner Indictable offence (1) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct results in one or more infringements of the copyright in a work or other subject‑matter; and (c) the infringement or infringements have a substantial prejudicial impact on the owner of the copyright; and (d) the infringement or infringements occur on a commercial scale. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Summary offence (3) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct results in one or more infringements of the copyright in a work or other subject‑matter; and (c) the infringement or infringements have a substantial prejudicial impact on the owner of the copyright and the person is negligent as to that fact; and (d) the infringement or infringements occur on a commercial scale and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Determining whether infringements occur on commercial scale (5) In determining whether one or more infringements occur on a commercial scale for the purposes of paragraph (1)(d) or (3)(d), the following matters are to be taken into account: (a) the volume and value of any articles that are infringing copies that constitute the infringement or infringements; (b) any other relevant matter. Defence relating to law enforcement and national security (6) This section does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of: (a) the Commonwealth or a State or Territory; or (b) an authority of the Commonwealth or of a State or Territory. Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code). Defence for certain public institutions etc. (7) This section does not apply in respect of anything lawfully done by the following in performing their functions: (a) a library (other than a library that is conducted for the profit, direct or indirect, of an individual or individuals); (b) a body mentioned in: (i) paragraph (a) of the definition of archives in subsection 10(1); or (ii) subsection 10(4); (c) an educational institution; (d) a public non‑commercial broadcaster, including: (i) a body that provides a national broadcasting service within the meaning of the Broadcasting Services Act 1992; and (ii) a body that holds a community broadcasting licence within the meaning of that Act. Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18). Note 2: A defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code). Subdivision C—Infringing copies 132AD Making infringing copy commercially Indictable offence (1) A person commits an offence if: (a) the person makes an article, with the intention of: (i) selling it; or (ii) letting it for hire; or (iii) obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter when the article is made. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK. Summary offence (3) A person commits an offence if: (a) the person makes an article, with the intention of: (i) selling it; or (ii) letting it for hire; or (iii) obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter when the article is made and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (5) A person commits an offence if: (a) the person makes an article in preparation for, or in the course of: (i) selling it; or (ii) letting it for hire; or (iii) obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter when the article is made. Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AE Selling or hiring out infringing copy Indictable offence (1) A person commits an offence if: (a) the person sells an article or lets an article for hire; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the sale or letting. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK. Summary offence (3) A person commits an offence if: (a) the person sells an article or lets an article for hire; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the sale or letting and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (5) A person commits an offence if: (a) the person sells an article or lets an article for hire; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the sale or letting. Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AF Offering infringing copy for sale or hire Indictable offences (1) A person commits an offence if: (a) the person by way of trade offers or exposes an article for sale or hire; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure. (2) A person commits an offence if: (a) the person offers or exposes an article for sale or hire, with the intention of obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure. (3) An offence against subsection (1) or (2) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK. Summary offences (4) A person commits an offence if: (a) the person by way of trade offers or exposes an article for sale or hire; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (5) A person commits an offence if: (a) the person offers or exposes an article for sale or hire, with the intention of obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offences (7) A person commits an offence if: (a) the person by way of trade offers or exposes an article for sale or hire; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure. Penalty: 60 penalty units. (8) A person commits an offence if: (a) the person offers or exposes an article for sale or hire, in preparation for, or in the course of, obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the offer or exposure. Penalty: 60 penalty units. (9) Subsections (7) and (8) are offences of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AG Exhibiting infringing copy in public commercially Indictable offences (1) A person commits an offence if: (a) the person by way of trade exhibits an article in public; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the exhibition. (2) A person commits an offence if: (a) the person exhibits an article in public, with the intention of obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the exhibition. (3) An offence against subsection (1) or (2) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK. Summary offences (4) A person commits an offence if: (a) the person by way of trade exhibits an article in public; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the exhibition and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (5) A person commits an offence if: (a) the person exhibits an article in public, with the intention of obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the exhibition and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offences (7) A person commits an offence if: (a) the person by way of trade exhibits an article in public; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the exhibition. Penalty: 60 penalty units. (8) A person commits an offence if: (a) the person exhibits an article in public in preparation for, or in the course of, obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the exhibition. Penalty: 60 penalty units. (9) Subsections (7) and (8) are offences of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AH Importing infringing copy commercially Indictable offence (1) A person commits an offence if: (a) the person imports an article into Australia, with the intention of doing any of the following with the article: (i) selling it; (ii) letting it for hire; (iii) by way of trade offering or exposing it for sale or hire; (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit; (v) distributing it for trade; (vi) distributing it to obtain a commercial advantage or profit; (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy; (viii) by way of trade exhibiting it in public; (ix) exhibiting it in public to obtain a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the import. (2) An offence against this section is punishable on conviction by a fine of not more than 650 penalty units or imprisonment for not more than 5 years, or both. Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK. Summary offence (3) A person commits an offence if: (a) the person imports an article into Australia, with the intention of doing any of the following with the article: (i) selling it; (ii) letting it for hire; (iii) by way of trade offering or exposing it for sale or hire; (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit; (v) distributing it for trade; (vi) distributing it to obtain a commercial advantage or profit; (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy; (viii) by way of trade exhibiting it in public; (ix) exhibiting it in public to obtain a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the import and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (5) A person commits an offence if: (a) the person imports an article into Australia in preparation for, or in the course of, doing any of the following with the article: (i) selling it; (ii) letting it for hire; (iii) by way of trade offering or exposing it for sale or hire; (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit; (v) distributing it for trade; (vi) distributing it to obtain a commercial advantage or profit; (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy; (viii) by way of trade exhibiting it in public; (ix) exhibiting it in public to obtain a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the import. Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AI Distributing infringing copy Indictable offences (1) A person commits an offence if: (a) the person distributes an article, with the intention of: (i) trading; or (ii) obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the distribution. (2) A person commits an offence if: (a) the person distributes an article; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the distribution; and (d) the extent of the distribution affects prejudicially the owner of the copyright. (3) An offence against subsection (1) or (2) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK. Summary offences (4) A person commits an offence if: (a) the person distributes an article, with the intention of: (i) trading; or (ii) obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the distribution and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (5) A person commits an offence if: (a) the person distributes an article; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the distribution and the person is negligent as to that fact; and (d) the extent of the distribution affects prejudicially the owner of the copyright and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (6) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (7) A person commits an offence if: (a) the person distributes an article in preparation for, or in the course of: (i) trading; or (ii) obtaining a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the distribution. Penalty: 60 penalty units. (9) Subsection (7) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AJ Possessing infringing copy for commerce Indictable offence (1) A person commits an offence if: (a) the person possesses an article, with the intention of doing any of the following with the article: (i) selling it; (ii) letting it for hire; (iii) by way of trade offering or exposing it for sale or hire; (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit; (v) distributing it for trade; (vi) distributing it to obtain a commercial advantage or profit; (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy; (viii) by way of trade exhibiting it in public; (ix) exhibiting it in public to obtain a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the possession. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note 1: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Note 2: If the infringing copy was made by converting the work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form, there is an aggravated offence with a higher maximum penalty under section 132AK. Summary offence (3) A person commits an offence if: (a) the person possesses an article, with the intention of doing any of the following with the article: (i) selling it; (ii) letting it for hire; (iii) by way of trade offering or exposing it for sale or hire; (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit; (v) distributing it for trade; (vi) distributing it to obtain a commercial advantage or profit; (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy; (viii) by way of trade exhibiting it in public; (ix) exhibiting it in public to obtain a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter and the person is negligent as to that fact; and (c) copyright subsists in the work or other subject‑matter at the time of the possession and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (5) A person commits an offence if: (a) the person possesses an article in preparation for, or in the course of, doing any of the following with the article: (i) selling it; (ii) letting it for hire; (iii) by way of trade offering or exposing it for sale or hire; (iv) offering or exposing it for sale or hire to obtain a commercial advantage or profit; (v) distributing it for trade; (vi) distributing it to obtain a commercial advantage or profit; (vii) distributing it to an extent that will affect prejudicially the owner of the copyright in the work or other subject‑matter of which the article is an infringing copy; (viii) by way of trade exhibiting it in public; (ix) exhibiting it in public to obtain a commercial advantage or profit; and (b) the article is an infringing copy of a work or other subject‑matter; and (c) copyright subsists in the work or other subject‑matter at the time of the possession. Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AK Aggravated offence—work etc. converted to digital form (1) An indictable offence against a provision (the basic offence provision) of this Subdivision (except sections 132AL and 132AM) relating to an infringing copy is an aggravated offence if the infringing copy was made by converting a work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form. (2) An aggravated offence is punishable on conviction by a fine of not more than 850 penalty units or imprisonment for not more than 5 years, or both. Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). (3) To prove an aggravated offence, the prosecution must prove that the defendant was reckless with respect to the circumstance that the infringing copy was made by converting a work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form. Note: The prosecution must also prove all the physical and fault elements of the offence against the basic offence provision. (4) If the prosecution intends to prove an aggravated offence, the charge must allege that the infringing copy was made by converting a work or other subject‑matter from a hard copy or analog form into a digital or other electronic machine‑readable form. 132AL Making or possessing device for making infringing copy Indictable offences (1) A person commits an offence if: (a) the person makes a device, intending it to be used for making an infringing copy of a work or other subject‑matter; and (b) copyright subsists in the work or other subject‑matter at the time of the making of the device. (2) A person commits an offence if: (a) the person possesses a device, intending it to be used for making an infringing copy of a work or other subject‑matter; and (b) copyright subsists in the work or other subject‑matter at the time of the possession. (3) An offence against subsection (1) or (2) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Summary offences (4) A person commits an offence if: (a) the person makes a device; and (b) the device is to be used for copying a work or other subject‑matter; and (c) the copy will be an infringing copy and the person is negligent as to that fact; and (d) copyright subsists in the work or other subject‑matter at the time of the making of the device and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (5) A person commits an offence if: (a) the person possesses a device; and (b) the device is to be used for copying a work or other subject‑matter; and (c) the copy will be an infringing copy and the person is negligent as to that fact; and (d) copyright subsists in the work or other subject‑matter at the time of the possession and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (6) To avoid doubt, recklessness is the fault element for the circumstance in paragraphs (4)(b) and (5)(b) that the device is to be used for copying a work or other subject‑matter. (7) An offence against subsection (4) or (5) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (8) A person commits an offence if: (a) the person makes a device; and (b) the device is to be used for copying a work or other subject‑matter; and (c) the copy will be an infringing copy; and (d) copyright subsists in the work or other subject‑matter at the time of the making of the device. Penalty: 60 penalty units. (10) Subsection (8) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. No need to prove which work etc. is to be copied (11) In a prosecution for an offence against this section, it is not necessary to prove which particular work or other subject‑matter is intended to be, or will be, copied using the device. 132AM Advertising supply of infringing copy Summary offence (1) A person commits an offence if: (a) the person, by any means, publishes, or causes to be published, an advertisement for the supply in Australia of a copy (whether from within or outside Australia) of a work or other subject‑matter; and (b) the copy is, or will be, an infringing copy. Penalty: 30 penalty units or imprisonment for 6 months, or both. Location of supply of copy by communication resulting in creation of copy (2) For the purposes of this section, a communication of a work or other subject‑matter that, when received and recorded, will result in the creation of a copy of the work or other subject‑matter is taken to constitute the supply of a copy of the work or other subject‑matter at the place where the copy will be created. Subdivision D—Airing of works, sound recordings and films 132AN Causing work to be performed publicly Indictable offence (1) A person commits an offence if: (a) the person causes a literary, dramatic or musical work to be performed; and (b) the performance is in public at a place of public entertainment; and (c) the performance infringes copyright in the work. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Summary offence (3) A person commits an offence if: (a) the person causes a literary, dramatic or musical work to be performed; and (b) the performance is in public at a place of public entertainment; and (c) the performance infringes copyright in the work and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. 132AO Causing recording or film to be heard or seen in public Indictable offence (1) A person commits an offence if: (a) the person causes: (i) a sound recording to be heard; or (ii) images from a cinematograph film to be seen; or (iii) sound from a cinematograph film to be heard; and (b) the hearing or seeing occurs in public at a place of public entertainment; and (c) causing the hearing or seeing infringes copyright in the recording or film. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Summary offence (3) A person commits an offence if: (a) the person causes: (i) a sound recording to be heard; or (ii) images from a cinematograph film to be seen; or (iii) sound from a cinematograph film to be heard; and (b) the hearing or seeing occurs in public at a place of public entertainment; and (c) causing the hearing or seeing infringes copyright in the recording or film and the person is negligent as to that fact. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (5) A person commits an offence if: (a) the person causes: (ii) images from a cinematograph film to be seen; or (iii) sound from a cinematograph film to be heard; and (b) the hearing or seeing occurs in public at a place of public entertainment; and (c) causing the hearing or seeing infringes copyright in the recording or film. Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. Subdivision F—Electronic rights management information 132AQ Removing or altering electronic rights management information Indictable offence (1) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) either: (i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or (ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Summary offence (3) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) either: (i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or (ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (5) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) either: (i) the person removes, from a copy of the work or subject‑matter, any electronic rights management information that relates to the work or subject‑matter; or (ii) the person alters any electronic rights management information that relates to the work or subject‑matter; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) the removal or alteration will induce, enable, facilitate or conceal an infringement of the copyright. Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information Indictable offence (1) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) the person does any of the following acts in relation to the work or subject‑matter: (i) distributes a copy of the work or subject‑matter with the intention of trading or obtaining a commercial advantage or profit; (ii) imports a copy of the work or subject‑matter into Australia with the intention of trading or obtaining a commercial advantage or profit; (iii) communicates a copy of the work or subject‑matter to the public; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) either: (i) any electronic rights management information that relates to the work or subject‑matter has been removed from the copy of the work or subject‑matter; or (ii) any electronic rights management information that relates to the work or subject‑matter has been altered; without the permission of the owner or exclusive licensee of the copyright; and (e) the person knows that the information has been removed or altered without that permission; and (f) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Summary offence (3) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) the person does any of the following acts in relation to the work or subject‑matter: (i) distributes a copy of the work or subject‑matter with the intention of trading or obtaining a commercial advantage or profit; (ii) imports a copy of the work or subject‑matter into Australia with the intention of trading or obtaining a commercial advantage or profit; (iii) communicates a copy of the work or subject‑matter to the public; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) either: (i) any electronic rights management information that relates to the work or subject‑matter has been removed from the copy of the work or subject‑matter; or (ii) any electronic rights management information that relates to the work or subject‑matter has been altered; without the permission of the owner or exclusive licensee of the copyright; and (e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (5) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) the person does any of the following acts in relation to the work or subject‑matter: (i) distributes a copy of the work or subject‑matter in preparation for, or in the course of, trading or for obtaining a commercial advantage or profit; (ii) imports a copy of the work or subject‑matter into Australia in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit; (iii) communicates a copy of the work or subject‑matter to the public; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) either: (i) any electronic rights management information that relates to the work or subject‑matter has been removed from the copy of the work or subject‑matter; or (ii) any electronic rights management information that relates to the work or subject‑matter has been altered; without the permission of the owner or exclusive licensee of the copyright; and (e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright. Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AS Distributing or importing electronic rights management information Indictable offence (1) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) the person does either of the following acts in relation to electronic rights management information that relates to the work or subject‑matter: (i) distributes the electronic rights management information with the intention of trading or obtaining a commercial advantage or profit; (ii) imports the electronic rights management information into Australia with the intention of trading or obtaining a commercial advantage or profit; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) either: (i) the information has been removed from a copy of the work or subject‑matter without the permission of the owner or exclusive licensee of the copyright; or (ii) the information has been removed from a copy of the work or subject‑matter with the permission of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and (e) the person knows that the information has been removed or altered without that permission; and (f) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright. (2) An offence against subsection (1) is punishable on conviction by a fine of not more than 550 penalty units or imprisonment for not more than 5 years, or both. Note: A corporation may be fined up to 5 times the amount of the maximum fine (see subsection 4B(3) of the Crimes Act 1914). Summary offence (3) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) the person does either of the following acts in relation to electronic rights management information that relates to the work or subject‑matter: (i) distributes the electronic rights management information with the intention of trading or obtaining a commercial advantage or profit; (ii) imports the electronic rights management information into Australia with the intention of trading or obtaining a commercial advantage or profit; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) either: (i) the information has been removed from a copy of the work or subject‑matter without the permission of the owner or exclusive licensee of the copyright; or (ii) the information has been removed from a copy of the work or subject‑matter with the permission of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and (e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright and the person is negligent as to that result. Penalty: 120 penalty units or imprisonment for 2 years, or both. (4) An offence against subsection (3) is a summary offence, despite section 4G of the Crimes Act 1914. Strict liability offence (5) A person commits an offence if: (a) copyright subsists in a work or other subject‑matter; and (b) the person does either of the following acts in relation to electronic rights management information that relates to the work or subject‑matter: (i) distributes the electronic rights management information in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit; (ii) imports the electronic rights management information into Australia in preparation for, or in the course of, trading or in preparation for, or in the course of, obtaining a commercial advantage or profit; and (c) the person does so without the permission of the owner or exclusive licensee of the copyright; and (d) either: (i) the information has been removed from a copy of the work or subject‑matter without the permission of the owner or exclusive licensee of the copyright; or (ii) the information has been removed from a copy of the work or subject‑matter with the permission of the owner or exclusive licensee of the copyright but the information has been altered without that permission; and (e) the act referred to in paragraph (b) will induce, enable, facilitate or conceal an infringement of the copyright. Penalty: 60 penalty units. (6) Subsection (5) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. 132AT Defences Law enforcement and national security (1) This Subdivision does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of: (a) the Commonwealth or a State or Territory; or (b) an authority of the Commonwealth or of a State or Territory. Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3) of the Criminal Code). Certain public institutions etc. (2) This Subdivision does not apply in respect of anything lawfully done by the following in performing their functions: (a) a library (other than a library that is conducted for the profit, direct or indirect, of an individual or individuals); (b) a body mentioned in: (i) paragraph (a) of the definition of archives in subsection 10(1); or (ii) subsection 10(4); (c) an educational institution; (d) a public non‑commercial broadcaster, including: (i) a body that provides a national broadcasting service within the meaning of the Broadcasting Services Act 1992; and (ii) a body that holds a community broadcasting licence within the meaning of that Act. Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18). Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Subdivision G—Evidence 132AU Prosecution to prove profit (1) This section applies if, in the prosecution of an offence against this Division, either of the following questions is relevant: (a) whether the defendant intended to obtain a profit; (b) whether the defendant did something for, in preparation for, or in the course of, obtaining a profit. (2) The burden of proving that any advantage, benefit or gain does not result from, or is not associated with, any private or domestic use of any copyright material is on the prosecution. Note: For the purposes of this Division, section 132AA defines profit as not including any advantage, benefit, or gain, that: (a) is received by a person; and (b) results from, or is associated with, the person's private or domestic use of any copyright material. 7 Subsection 132A(1) Omit "section 132", substitute "this Division, except section 132AM,". 8 Sections 133 and 133A Repeal the sections, substitute: Subdivision H—Extra court orders 133 Destruction or delivery up of infringing copies etc. (1) This section applies if: (a) a person is charged before a court with an offence against this Division, except section 132AM, whether or not the person is convicted of the offence; and (b) the person possesses an article that appears to the court to be any of the following: (i) a circumvention device used or intended to be used in conduct constituting an offence against Subdivision E; (ii) an infringing copy; (iii) a device or equipment used or intended to be used for making infringing copies. (2) The court may order that the article be destroyed, delivered up to the owner of the copyright concerned or dealt with as the court thinks fit. Subdivision I—Procedure and jurisdiction 133A Courts in which offences may be prosecuted (1) Prosecutions for offences against this Division may be brought in the Federal Court of Australia or in any other court of competent jurisdiction. (2) However, the Federal Court of Australia does not have jurisdiction to hear or determine prosecutions for indictable offences, despite section 15C of the Acts Interpretation Act 1901. (3) The Federal Court of Australia has jurisdiction to hear and determine prosecutions of the following offences against this Division: (a) summary offences; (b) offences of strict liability. 133B Infringement notices (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. 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). (2) The penalty must equal one‑fifth of the maximum fine that a court could impose on the person as a penalty for that offence. 9 Application of amendments of Division 5 of Part V The amendments of Division 5 of Part V of the Copyright Act 1968 by this Part apply to things occurring after the commencement of this Part. 10 Subsections 135L(4) and 135ZY(4) Omit "$500", substitute "5 penalty units". 11 Paragraph 136(2)(d) Omit "proceedings brought in respect of an alleged contravention of subsection 132(5) or (5AA)", substitute "a prosecution of an offence against Subdivision D of Division 5 of Part V". 12 Saving (1) Despite the amendment of paragraph 136(2)(d) of the Copyright Act 1968 by this Part, that paragraph, as in force before the amendment, applies after that amendment to proceedings brought in respect of an alleged contravention of subsection 132(5) or (5AA) of that Act as in force before that amendment. (2) That paragraph applies in that way whether the proceedings were started before or after that amendment. 13 Sections 172 and 173 Repeal the sections, substitute: 172 Offences by witnesses Failing to appear (1) A person commits an offence if: (a) the person has been summoned to appear as a witness before the Tribunal; and (b) there has been tendered to the person an amount of money at least equal to the expenses the person could reasonably be expected to incur in connection with appearing as a witness; and (c) the person fails to appear in obedience to the summons. Penalty: 30 penalty units or imprisonment for 6 months, or both. Failing to produce document or article summoned (2) A person commits an offence if: (a) the person has been summoned to produce a document or article to the Tribunal; and (b) there has been tendered to the person an amount of money at least equal to the expenses the person could reasonably be expected to incur in connection with producing the document or article; and (c) the person fails to produce the document or article. Penalty: 30 penalty units or imprisonment for 6 months, or both. Refusal to swear or affirm (3) A person commits an offence if: (a) the person appears before the Tribunal; and (b) the person refuses to be sworn or to make an affirmation. Penalty: 30 penalty units or imprisonment for 6 months, or both. Refusal to answer questions or produce documents as required (4) A person commits an offence if: (a) the person appears before the Tribunal; and (b) the Tribunal requires the person to answer a question or produce a document or article; and (c) the person refuses to answer the question or produce the document or article. Penalty: 30 penalty units or imprisonment for 6 months, or both. General defence of reasonable excuse (5) Subsection (1), (2), (3) or (4) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). 173 Offences relating to the Tribunal Insulting a member (1) A person commits an offence if: (a) the person engages in conduct; and (b) the person's conduct insults or disturbs a member in the exercise of his or her powers or functions as a member. Penalty: 30 penalty units or imprisonment for 6 months, or both. Interrupting proceedings of the Tribunal (2) A person commits an offence if: (a) the person engages in conduct; and (b) the person's conduct interrupts the proceedings of the Tribunal. Penalty: 30 penalty units or imprisonment for 6 months, or both. Using insulting language (3) A person commits an offence if: (a) the person uses insulting language towards another person; and (b) the other person is a member. Penalty: 30 penalty units or imprisonment for 6 months, or both. Creating a disturbance (4) A person commits an offence if: (a) the person engages in conduct; and (b) the person's conduct creates a disturbance in or near a place where the Tribunal is sitting. Penalty: 30 penalty units or imprisonment for 6 months, or both. Taking part in creating or continuing a disturbance (5) A person commits an offence if: (a) the person takes part in creating or continuing a disturbance; and (b) the disturbance is in or near a place where the Tribunal is sitting. Penalty: 30 penalty units or imprisonment for 6 months, or both. Contravention of direction limiting publication of evidence (6) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct contravenes a direction of the Tribunal under paragraph 163(2)(b). Penalty: 30 penalty units or imprisonment for 6 months, or both. Contempt of Tribunal (7) A person commits an offence if: (a) the person engages in conduct; and (b) the person's conduct would, if the Tribunal were a court of record, constitute a contempt of that court. Penalty: 30 penalty units or imprisonment for 6 months, or both. Definition of engage in conduct (8) In this section: engage in conduct means: (a) do an act; or (b) omit to perform an act. 14 Application of new sections 172 and 173 Sections 172 and 173 of the Copyright Act 1968, as amended by this Part, apply to acts (including refusals) occurring after the commencement of this Part and failures first occurring after the commencement of this Part. 15 Subsection 195A(2) Repeal the subsection. 16 Transitional provision—regulations for subsection 195A(2) (1) This item applies to a regulation that: (a) was made for the purposes of subsection 195A(2) of the Copyright Act 1968; and (b) was in force immediately before the repeal of that subsection. (2) On and after the commencement of this Part, the regulation has effect for the purposes of subsection 203A(1) and section 203G (so far as they relate to a declaration made for the purposes of section 49, 50, 51A or 110B) of the Copyright Act 1968, as amended by this Part, as if the period prescribed by the regulation were prescribed for those purposes. (3) This item does not prevent the amendment or repeal of the regulation. (4) This item has effect despite the repeal of subsection 195A(2) of the Copyright Act 1968 by this Part. 17 Sections 203A and 203D Repeal the sections, sub