WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights RESTRICTED 
IP/N/II AUS/II Add.2 
1 June 1995 
(95-1438) 
Original: English/ 
anglais/ 
ingles 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENTi 
Australia 
Addendum 
This addendum reproduces the text of the Copyright (World Trade Organization Amendments) Act 1994, 
No. 149 of 1994, which is part of Australia's notification of its copyright legislation in accordance with paragraph 2 
of Article 63 of the Agreement on Trade-Related Aspects on Intellectual Property Rights, which was made by 
means of a communication from the Permanent Mission of Australia, dated 5 April 1995. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
NOTIFICATION DES LOIS ET REGLEMENT ATIONS 
AU TITRE DE L' ARTICLE 63.2 DE L' ACCORDi 
Australie 
Addendum 
Par une communication de la Mission permanente de I' Australie en date du 5 avril 1995, I' Australie 
a notifie sa legislation sur le droit d'auteur, conformement aux dispositions du paragraphe 2 de l'article 63 de 
l' Accord sur les aspects des droits de propriete intellectuelle qui touchent au commerce. Le present addendum 
reproduit le texte de la Copyright (World Trade Organization Amendments) Act 1994 (Loi de 1994 sur le droit 
d'auteur (Modifications en rapport avec l'Organisation mondiale du commerce)), n· 149 de 1994. 
Consejo de los Aspectos de los Derechos de 
Propiedad Intelectual relacionados con el Comercio 
NOTIFICACION DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDOi 
Australia 
Addendum 
En el presente addendum se reproduce el texto de la Ley de Derecho de Autor (Modificaciones dimatUlntes 
del Acuerdo por el que se establece la Organizacion Mundial del Comercio), de 1994, N° 149 de 1994, 
comprendida en la notificaci6n que, por medio de una comunicaci6n de la Misi6n Permanente australiana de 
fecha 5 de abril de 1995, ha hecho Australia de su legislaci6n en materia de derecho de autor de conformidad 
con el parrafo 2 del articulo 63 del Acuerdo sobre los Aspectos de 10s Derechos de Propiedad Intelectual 
relacionados con el Comercio. 
iEngiish only/Anglais seulement/En ingh!s solamente. IPINI 11 A USI 11 Add:2 
Page 2 
Copyright (World Trade Organization 
Amendments) Act 1994 
Section 
l. 
2. Short title etc. 
Commencement No. 149 of 1994 
TABLE OF PROVISIONS 
PART I-PRELIMINARY 
PART 2-AMENDMENTS REL<U'ING TO COMMERCIAL RENTAL OF 
SOUND RECORDINGS AND COMPUTER PROGRAMS 
3. Insertion of new section:' 
3(}A. ,Commercial rental arrangement 
4. Nature of copyright in original works 
5. Nature of copyright in sound recordings 
PART 3-AMENDMENTS REIATING TO ENFORCEMENT OF 
INTELLECTUAL PROPERTY RIGHTS 
6. Affidavit evidence 
71655 Cat. No. 945551 6 11 
TABLE OF PROVISIO~S-contLnued 
Scctlon 
Insertion of new heading and section: lP/NIl! AUSIlIAdd.2 
Page 3 
Division 7-Seizure of imporced copies of cop.\'right mace"ai 
134B. Interpretation 
Restriction of importation of copies of works etc. 
-J Insertion of new sections: 
135AA. Security for expenses of seizure 
135AB. Secure storage 01 seized copies 
13SAC. Notice of seizure 
135AD. Inspection. release etc. of seized copies 
13SAE. Forfeiture of seized copies by consent 
135AF. Compulsory release of seized copies to the importer 
13SAG. Provision relating to actions for infringement of copyright 
13SAH. Retention of control of seized copies 
13SAI. Disposal of seized copies ordered to be forfeited 
13SAJ. Insufficient securitv 
135AK. Immunitv of the Commonwealth 
10. Review of certain decisions 
PART 4--Al\.fENDMENTS RELATING TO THE PROTECTION OF 
PERFORMERS 
11. Interpretation 
12. Insertion of new section: 
248CA. Protection period 
13. Application 
l·+. What constitutes unauthorised use 
15. Other offences in relation to performances 
16. Insertion of new sections: 
2480A. Further offences relating to sound recordings of certain performances 
2480B. Protection against multiple prosecutions for same act 
1 ~. Penalties IP IN IliA USf l/Add.2 
Page 4 
Copyright (World Trade Organization 
Amendments) Act 1994 
No. 149 of 1994 
An Act to amend the Copyright Act 1968 to enable Australia 
to accept the Agreement Establishing the World Trade 
Organization, and for other purposes 
[Assented to 13 December 1994] 
The Parliament of Australia enacts: 
PART I-PRELIMINARY 
Short title etc. 
1. This Act may be cited as the Copyright (World Trade Organization 
5 Amendments) Act 1994. 
(2) In this Act, "Principal Act" means the Copyright Act 19681• Cupyright (~Vorld Trade Organization 
Amendments) _Vo. 1.+9. 1994 
Commencement LP/Nil! AUS/l/ Add.2 
Page 5 
2.(1) [n this section ..• \Vorld Trade Organization .-\greement" means 
the Agreement Establishing the World Trade Organization done at 
~larrakesh on 15 April 1994. 
(2) Section 1 and this section commence on the day on which this Act 5 
receives the Royal Assent. 
(3) Part 2 of this Act commences on the first day after the end of the 
period of one year beginning on the day on which the World Trade 
Organization Agreement enters into force. 
(4) Parts 3 and 4 of this Act commence as follows: 10 
(a) if the World Trade Organization Agreement enters into force for 
Australia on or before 1 July 1995, Parts 3 and 4 commence on 1 July 
1995; 
(b) if the World Trade Organization Agreement does not enter into force 
for Australia on or before 1 July 1995, Parts 3 and 4 commence on 15 
the day on which the Agreement enters into force for Australia. 
(5) For the purposes of subsections (3) and (4): 
(a) the day on which the World Trade Organization Agreement enters 
into force is to be taken to be the day declared by the 
Governor-General, by Proclamation, to be the day on which the 20 
Agreement enters into force; and 
(b) the day on which the World Trade Organization Agreement enters 
into force for Australia is to be taken to be the day declared by the 
Governor-GeneraL by Proclamation, to be the day on which the 
Agreement enters into force for Australia. 25 
P.\RT 2-AMENDMENTS RElATING TO COMMERCIAL 
RENTAL OF SOUND RECORDINGS AND COMPUTER 
PROGRAMS 
3. After section 30 of the Principal Act the following section is inserted 
in Part II: 30 
Commercial rental arrangement 
··30A.(1) In this Act. the expression 'commercial rental 
arrangement', in relation ro a work reproduced in a sound recording, 
signifies an arrangement that has the following features: 
(a) however the arrangement is expressed, it is in substance an 35 
arrangement under which a copy of the sound recording is made 
available by a person on terms that it will or may be returned to the 
person; 'IP/N/l! ADS/V Add.2 
Page 6 
Cop}'right (~~orid Trade Organization 
Amendments) .Vo. 1-19. 1994 3 
(b) the arrangement is made in [he course of the conduct of a business: 
(c) the arrangement provides for the copy to be made available: 
0) for payment in money or money's worth: or 
(ii) as part of the provision of a service for which payment in 
5 money or money's \vonh is to be made. 
"(2) In this Act, the expression 'commercial rental arrangement'. in 
relation to a sound recording or a computer program. signifies an 
arrangement that has the following features: 
(a) however the arrangement is expressed, it is in substance an 
10 arrangement under which a copy of the sound recording or computer 
program is made available by a person on tenns that it will or may 
be returned to the person: 
(b) the arrangement is made in the course of the conduct of a business: 
(c) the arrangement provides for the copy to be made available: 
15 (i) for payment in money or money's worth; or 
(ii) as part of the provision of a service for which payment in 
money or money's w'orth is to be made. 
"(3) It is not the intention of the Parliament that a lending arrangement 
should be regarded as a commercial rental arrangement for the purposes of 
20 subsection (1) or (2). 
"(4) An arrangement is to be regarded as a lending arrangement if, 
regardless of the way in which the arrangement is expressed, the true nature 
of the arrangement is that it is an arrangement for the lending of a copy of 
a sound recording or computer program under which no amount. other than 
25 a deposit to secure the return of the copy, is payable.". 
Nature of copyright in original works 
4. Section 31 of the Principal Act is amended: 
(a) by adding at the end of subsection (1): 
"; and (c) in the case of a literary work (other than a computer 
30 program) or a musical or dramatic work. to enter into a 
commercial rental arrangement in respect of the work 
reproduced in a sound recording; and 
(d) in the case of a computer program, to enter into a 
commercial rental arrangement in respect of the 
35 I program.~'; 
(b) by adding at the end: 
"(3) Paragraph (l)(d) does not extend to entry into a commercial 
rental arrangement in respect of a machine or device in which a 
computer program is embodied if the program is not ab le to be copied 
40 in the course of the ordinary use of the machine or device. 4 IP/N/ll AUS/1/Add.2 
Page 7 
Copyright (World Trade Organization 
Amendments) No. 149,1994 
"( 4) The reference in subsection (3) to a device does not include 
a device of a kind ordinarily used to store computer programs (for 
example, a floppy disc. a device of the kind commonly known as a 
CD ROM, or an integrated circuit). 
"(5) Paragraph (1)(d) does not extend to entry into a commercial 5 
rental arrangement if the computer program is not the essential 
object of the rental. 
"(6) Paragraph (1)(c) does not extend to entry into a commercial 
rental arrangement if: 
( a) the copy of the sound recording concerned was purchased by 10 
a person ('the record owner') before the commencement 
of Part 2 of the Copyright (World Trade Organization 
Amendments) Act 1994; and 
(b) the commercial rental arrangement is entered into in the 
ordinary course of a business conducted by the record owner; 15 
and 
(c) the record owner was conducting the same business, or 
another business that consisted of, or included, the making of 
commercial rental arrangements of the same kind, when the 
copy was purchased. 20 
"(7) Paragraph (l)(d) does not extend to entry into a commercial 
rental arrangement in respect of a computer program if: 
(a) the copy of the computer program was purchased by a person 
('the program owner') before the commencement of Part 2 
of the Copyright (World Trade Organization Amendments) Act 25 
1994; and 
(b) the commercial rental arrangement is entered into in the 
ordinary course of a business conducted by the program 
owner; and 
(c) the program owner was conducting the same business, or 30 
another business that consisted of, or included, the making of 
commercial rental arrangements in respect of computer 
programs, when the copy was purchased.". 
Nature of ~opyright in sound recordings 
5. Section 85 of the Principal Act is amended by adding at the end: 35 
" ; (d) to enter into a commercial rental arrangement in respect of the 
recording. 
"(2) Paragraph (1)(d) does not extend to entry into a commercial rental 
arrangement in respect of a sound recording if: IP/NIlIAUS/11 Add.2 
Page 8 
Copyrit,{ht (~rorld Trade Organization 
Amendments) .Vo. 149. 1994 5 
(a) the copy of the sound recording was purchased by 3. person ('the 
record owner') before the commencement of Part 2 of the 
Copyright nVorld Trade Organi=ation Amendments) Act 1994: and 
(b) the commercial rental arrangement is entered into in the ordinary 
5 course of a business conducted by the record owner: and 
(c) the record owner was conducting the same business. or another 
business that consisted of. or included. the making of commercial 
rental arrangements in respect of copies of sound recordings, when 
the copy was purchased. ". 
10 PART 3-.. \MENDMENTS REIATING TO ENFORCEMENT OF 
INTELLECTUAL PROPERTY RIGHTS 
Affidavit evidence 
6. Section 134A of the Principal Act is amended: 
(a) by omitting subsection (1) and substituting: 
15 "(1) Subject to subsection (2), at the trial of a proceeding, being: 
(a) an action brought by virtue of this Part; or 
(b) a prosecution for an offence against this Act: 
evidence that: 
(c) at a particular time. copyright subsisted in the work or other 
20 subject-matter to which the proceeding relates: or 
(d) at a particular time, copyright in that work or subject-matter 
was owned by, or exclusively licensed to, a particular person: 
or 
(e) at a particular time, copyright in that work or subject-matter 
25 was not owned by, or exclusively licensed to, a particular 
person; or 
(t) a particular act was done without the licence of the owner of 
the copyright, or of the exclusive licensee of the copyright, in 
that work or subject-matter; 
30 may be given by affidavit."; 
(b) by omitting from subsection (2) "cause" (wherever occurring) and 
substituting "proceeding". 
7. After section 134A of the Principal Act the following heading and 
section are inserted: 
35 "Division 7-Seizure of imported copies of copyright material 
Interpretation 
"134B. In this Division: Copyright nVorid Trade Organization 
Amendments; _Vo. 149. 1994 IPINIl! AUSIlI Add.2 
Page 9 
'Comptroller-General' means the Comptroller-General of Customs: 
'copyright material' means: 
(a) a work: or 
(b) a sound recording; or 
( c) a cinematograph film: or 5 
(d) a published edition of a work: or 
( e) a television or sound broadcast as recorded in a cinematograph film 
or a sound recording; 
'objector', in relation to particular seized copies, means the person who 
gave the notice under subsection 135(:) as a result of the giving of which the 10 
copies were seized; 
·owner', in relation to the copyright in copyright material. includes an 
exclusive licensee of the copyright in the material; 
'seized copies' means copies seized under subsection 135(7).". 
Restriction of importation of copies of works etc. 15 
8. Section 135 of the Principal Act is amended: 
(a) by omitting subsections (2), (3), (4), (5), (6) and (7) and substituting: 
"(2) A person may give the Comptroller-General a written notice 
stating: 
( a) that the person is the owner of the copyright in copyright 20 
material; and 
(b) that. the person objects to the importation into Australia of 
copies of the copyright material to which this section applies. 
"(3) When a notice is given under subsection (2), any prescribed 
document must be given with the notice. 25 
"( 4) This section applies to a copy of copyright material if the 
making of the copy would. if it had been carried out in Australia by 
the person importing the copy, have constituted an infringement of 
:he copyright in the copyright material. 
"(5) Unless it is revoked under subsection (6), a notice under 30 
subsection (2) remains in force until: 
(a) the end of the period of 2 years commencing on the day on 
which the notice was given; or 
(b) the end of the period for which the copyright in the copyright 
material to which the notice relates is to subsist; 35 
whichever is the earlier. 
"(6) A notice under subsection (2) may be revoked by written 
notice given to the Comptroller-General by the person who gave the 
first-mentioned notice or by a subsequent owner of the copyright in 
the copyright material to which the notice relates. 40 JP IN 11 I A USI 1 I Add. 2 
Page 10 
Cop.vright (F/orid Trade Organz:.atlo/l 
Amendmenls) ;.Vo. 1.;.9. 199';' 
.. (7) If: 
(a) a notice has been given under subsection (2) in respect ot 
copyright material: and 
(b) the notice has not been withdrawn: and 
5 (c) a person imports copies of the copyright material to which this 
section applies into Australia for the purpose of: 
(i) selling, letting for hire. or by way of trade otfering or 
exposing for sale or hire. the copies: or 
(ii) distributing the copies for the purpose of trade: or 
10 (iii) distributing the copies for any other purpose to an 
extent that will affect prejudicially the owner of the 
copyright in the copyright materiat or 
(iv) by way of trade exhibiting the copies in public; and 
(d) the copies are subject to the control of the Customs within the 
15 meaning of the Customs Act 1901; 
the Comptroller-General may seize the copies.~'; 
(b) by adding at the end of each of paragraphs (8)(a) and (b) "and"; 
(c) by omitting paragraphs (8)(d) and (e); 
(d) by omitting from subsection (9) "printed copies of published 
20 literary, dramatic or musical works" and substituting "copies of 
copyright material"; 
(e) by adding at the end: 
"(10) This section does not apply to the importation into 
Australia of copies of books whose importation, by virtue of 
25 section 44A or 112A, does not constitute an infringement of 
copyright. " . 
9. After section 135 of the Principal Act the following sections are 
inserted in Part V: 
Security for expenses of seizure 
30 "135AA. The Comptroller-General may refuse to seize copies under 
subsection 135(7) unless: 
(a) the objector has deposited with the Comptroller-General a sum of 
money that, in the opinion of the Comptroller-General, is sufficient 
to reimburse the Commonwealth for the reasonable expenses it is 
35 likely to incur as a result of the seizure of the copies; or 
(b) the objector has given security, to the satisfaction of the 
Comptroller-General, for the reimbursement of the Commonwealth 
for those expenses. 8 Copyright (World Trade Organization 
Amendmenrs) No. 1-1-9. 1994 IP/N/l! AUS/l! Add. 2 
Page 11 
Secure storage of seized copies 
"135AB. Seized copies must be taken to such secure place as the 
Comptroller-General directs. 
Notice of seizure 
"135AC.( 1) As soon as is practicable after copies are seized under 5 
subsection 135(7), the Comptroller-General must give to the importer and 
the objector, either personally or by post, a written notice identifying the 
copies and stating that the identified copies have been seized. 
"(2) A notice under subsection (1) must state that the copies will be 
released to the importer unless: 10 
( a) an action for infringement of copyright in respect of the copies is 
instituted by the objector within a specified period from the day 
specified in the notice; and 
(b) the objector gives written notice to the Comptroller-General within 
that period stating that the action for infringement of copyright has 15 
been instituted. 
"(3) The period to be specified for the purposes of paragraph (2)(a) is 
the period prescribed for the purposes of that paragraph. 
"( 4) The day specified for the purposes of paragraph (2)( a) must not be 
earlier than the day on which the notice is given. 20 
"(5) The objector may, by written notice given to the 
Comptroller-General before the end of the period specified in a notice for 
the purposes of paragraph (2)(a) ('the retention period'), request that the 
period be extended. 
"(6) Subject to subsection (7), if: 25 
(a) a request is made in accordance with subsection (5); and 
(b) the Comptroller-General is satisfied that it is reasonable that the 
request be granted; 
the Comptroller-General may extend the retention period by such period as 
is prescribed. 30 
"(7) A decision on a request made in accordance with subsection (5) 
must be made within 24 hours after the request is made. However, such a 
decision cannot be made after the end of the retention period to which the 
request relates. ' 
Inspection, release etc. of seized copies 35 
"135AD.(1) The Comptroller-General may permit the objector or the 
importer to inspect the seized copies. IP/N/ll ADS/ll Add.2 
Page 12 
Copyright nVorld Trade Organizalion 
A.mendmenlS) lVO. 149, 1994 9 
"(2) If the objector gives the Comptroller-General the requISIte 
undertakings, the Comptroller-General may permit the objector to remove 
one sample of the seized copies from the custody of the Comptroller-General 
for inspection by the objector. 
S "(3) If the importer gives the Comptroller-General the requisite 
undertakings, the Comptroller-General may permit the importer to remove 
one sample of the seized copies from the custody of the Comptroller-General 
for inspection by the importer. 
"( 4) The requisite undertakings are undertakings in writing that the 
1 0 person giving the undertaking will: 
(a) return the sample copy to the Comptroller-General at a specified time 
that is satisfactory to the Comptroller-General; and 
(b) take reasonable care to prevent damage to the sample copy. 
"(5) If the Comptroller-General permits inspection of the seized copies, 
15 or the removal of a sample copy, by the objector in accordance with this 
section, the Commonwealth is not liable to the importer for any loss or 
damage suffered by the importer arising out of: 
(a) damage to any of the seized copies incurred during that inspection; 
or 
20 (b) anything done by the objector or any other person to, or in relation 
to, a sample copy removed from the custody of the 
Comptroller-General or any use made by the objector of such a 
sample copy. 
Forfeiture of seized copies by consent 
25 "135AE.(1) Subject to subsection (2), the importer may, by written 
notice to the Comptroller-General, consent to the seized copies being 
forfeited to the Commonwealth. 
"(2) The notice must be given before any action for infringement of 
copyright in relation to the copies is instituted. 
30 "(3) If the importer gives such a notice, the copies are forfeited to the 
Commonwealth and must be disposed of: 
(a) in the manner prescribed by the regulations; or 
(b) if no manner of disposal IS so prescribed-as the 
Comptroller-General directs. 
35 Compulsory release of seized copies to the importer 
"135AF.(1) The Comptroller-General must release seized copies (not 
being copies forfeited to the Commonwealth under section 135AE) to the 
importer on the expiration of the retention period for the copies if the 
objector has not, before the expiration of that period: 10 Cop.vrir;fzr (H;()rid Trade Organization 
A.mendments) .Vo. 1-19. 1994 IP/NIl/ ADS/V Add.2 
Page 13 
(a) instituted an action for infringement of the relevant copyright in 
respect of the copies: and 
(b) given written notice to the Comptroller-General stating that the 
action has been instituted . 
.. (2) For the purpose of subsection (1), the retention period for seized 5 
copies is: 
. (a) the period specified in a notice given under subsection 135AC(1) in 
respect of the copies; or 
(b) if that period has been extended under subsection 135AC( 6), that 
period as so extended. 10 
"(3) If: 
(a) an action for infringement of copyright has been instituted in respect 
of seized copies; and 
(b) at the end of a period of 3 weeks commencing on the day on which 
the action was instituted, there is not in force an order of the court 15 
in which the action was instituted preventing the release of the 
copies; 
the Comptroller-General must release the copies to the importer. 
d (4) If the objector gives written notice to the Comptroller-General 
stating that he or she consents ~o the release of the seized copies, the 20 
Comptroller-General must releas..:: the copies to the importer. 
"(5) This section has effect subject to section 135AH. 
Provision relating to actions for infringement of copyright 
"135AG.(1) In this section, 'infringement action' means an action for 
an infringement of copyright constituted by the importation of seized copies. 25 
"(2) The court in which an infringement action is pending may, on the 
application of a person having a sufficient interest in the subject-matter of 
the action, allow the person to be joined as a defendant to the action. 
"(3) The Comptroller-General is entitled to be heard on the hearing of 
an infringement action. 30 
"( 4) In addition to any relief that may be granted apart from this section, 
the court may: 
(a) at any time, order that the seized copies be released to the importer 
subject to such co~ditions (if any) as the court thinks fit; or 
(b) order that the seized copies not be released to the importer before the 35 
end of a specified period; or 
( c) order that the goods be forfeited to the Commonwealth. 
"(5) A court may not make an order under paragraph (4)(a) if it is 
satisfied that the Comptroller-General is required or permitted, under any 
other law of the Commonwealth, to retain control of the seized copies. 40 IP/N/I/ AUS/I/ Add.2 
Page 14 
Copyright nVorld Trade Organz=ation 
Amendments} ~Vo. 149. 1994 11 
'"(6) The Comptroller-General must comply with an order made under 
subsection (-+ l. 
'"(7) If: 
(a) the court decides that the relevant copyright was not infringed by the 
5 importation of the seized copies; and 
(b) a defendant to the infringement action satisfies the court that he or 
she has suffered loss or damage as a result of the seizure of the copies: 
the court may order the objector to pay to that defendant such amount as the 
court determines as compensation for any part of that loss or damage that is 
10 attributable to a period beginning on or after the day on which the action was 
commenced. 
Retention of control of seized copies 
"135AH. In spite of section 135AF, in a case in which no order has been 
made under subsection 135AG( 4) in relation to seized copies, the 
15 Comptroller-General is not obliged to release or dispose of the copies if the 
Comptroller-General is required or permitted, under any other law of the 
Commonwealth. to retain control of the copies. 
Disposal of seized copies ordered to be forfeited 
"135AI. If a court orders that seized copies are to be forfeited to the 
20 Commonwealth. the copies must be disposed of: 
(a) in the manner prescribed by the regulations; or 
(b) if no manner of disposal IS so prescribed-as the 
Comptroller-General directs. 
Insufficient security 
25 "135AJ.(I) If the reasonable expenses incurred by the Commonwealth 
in relation to action taken by the Comptroller-General under this Division 
or taken in accordance with an order of a court under this Division exceed 
the amount deposited, or the amount of the security given, under section 
135AA, the amount of the excess is a debt due to the Commonwealth. 
30 "(2) The debt created by subsection (1) is due: 
(a) by the objector; or 
(b) if there are 2 or more objectors, by the objectors jointly and severally. 
Immunity of'the Commonwealth 
"135AK. The Commonwealth is not liable for any loss or damage 
35 suffered by a person: 
(a) because of the seizure of copies. or the failure of the 
Comptroller-General to seize copies, under this Division; or 
(b) because of the release of any seized copies.". 12 Copyright (~Vorld Trade On;anization 
Amendments) .vo. 1-+9. 1994 IPINIl! AUSllI Add.2 
Page 15 
Review of certain decisions 
10. Section 195B of the Principal Act is amended: 
(a) by omitting paragraph (l)(c) and substituting: 
... (c) a decision of the Comptroller-General of Customs under 
section 135AA refusing to seize copies under subsection 5 
13S( 7); 
(d) a decision of the Comptroller-General of Customs not to give 
permission under subsection 135AD( 1)."; 
(b) by omitting subsection (3) and substituting: 
"(3) If the Comptroller-General of Customs makes a 10 
reviewable decision referred to in paragraph (1)( c) or (d), the 
Comptroller-General must cause to be sent to the objector or 
importer whose interests are affected by the decision a notice 
containing: 
(a) the terms of the decision; and 15 
(b) except where subsection 28(4) of the Administrative Appeals 
Tribunal Act 1975 applies-a statement to the effect that the 
objector or importer, as the case may be, may request a 
statement under section 28 of that Act."; 
(c) by omitting from subsection (4) "(3)(b) or (c)" and substituting 20 
"(3)(b)"; 
(d) by omitting from subsection (5) "Subject to subsection (6), 
application~' and substituting" Application"; 
(e) by omitting subsections (6) and (7). 
PART 4-AMENDMENTS RELATING TO THE PROTECTION 25 
OF PERFORMERS 
Interpretation 
11. Section 248A of the Principal Act is amended: 
(a) by inserting "or" after "in Australia" in the definition of 
"performance~' in subsection (1); 30 
(b) by omitting from subsection (1) the definition of "protection 
period" and su~tituting: 
" 'protection period'. in relation to a performance, has the meaning 
given by section 248CA;". 
12. After section 248C of the Principal Act the following section is 35 
inserted: lP/NIl! ADS/1/ Add.2 
·Page 16 
Protection period Copyright nVorld Trade Organization 13 
Amendments} .Va. 149, 1994 
"'248CA.(1) Subject to subsections (2) and (3), the protection period of 
a performance is the period beginning on the day when the performance was 
given and ending at the end of the period of 20 calendar years after the 
5 calendar year in which the performance was given. 
"(2) For the purposes of section 2480A, the protection period of a 
performance is the period beginning on the day when the performance was 
given and ending at the end of the period of 50 calendar years after the 
calendar year in which the performance was given. 
10 "(3) For the purposes of the operation, in relation to a sound recording 
of a performance, of a provision of this Part listed in subsection (4), the 
protection period of a performance is the period beginning on the day when 
the performance was given and ending at the end of the period of 50 calendar 
years after the calendar year in which the performance was given. 
15 "( 4) Subsection (3) applies to the following provisions of this Part: 
(a) paragraphs 248G(1)(a), (2)(a), (2)(b) and (2)(d) to (g); 
(b) subsection 248P(1); 
( c) subsection 248P(2); 
(d) subsection 248P( 6); 
20 (e) subsection 2480(1); 
(t) subsection 2480(2); 
(g) subsection 2480(4); 
(h) subsection 2480(6).". 
Application 
25 13. Section 248F of the Principal Act is amended by omitting from 
subsection (1) "This Part applies" and substituting "Except for section 
2480A, this Part applies". 
What constitutes unauthorised use 
14. Section 248G of the Principal Act is amended by omitting paragraph 
30 (2)( d) and substituting: 
" (d) has in his or her possession a recording of the performance, for the 
purpose of: 
(i) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
35 (ii) distributing it for the purpose of trade, or for any other purpose 
that will affect prejudicially the financial interests of the 
performer or performers in the performance; 
being a recording that the person knows, or ought reasonably to 
know, is an unauthorised recording;" . 14 Copyright (World Trade Organization 
Amendments) ~Vo. 149. 1994 IP/N/l! AUS/l! Add.2 
Page 17 
Other offences in relation to performances 
15. Section 248Q of the Principal Act IS amended by omitting 
subsections (4) and (5) and substituting: 
"( 4) A person must not, at any time during the protection period of a 
performance: 5 
(a) sell, let for hire, or by way of trade offer or expose for sale or hire 
a recording of the performance; or 
(b) distribute a recording of the performance for the purpose of trade. or 
for any other purpose to an extent that will affect prejudicially the 
financial interests of the performer or performers in the 10 
performance; or 
( c) have in his or her possession a recording of the performance for the 
purpose of: 
(i) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 15 
(ii) distributing it for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the financial interests 
of the performer or performers in the performance; or 
(d) import a recording of the performance into Australia for the purpose 
at 20 
(i) selling it, letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the financial interests 
of the performer or performers in the performance; 25 
if the person knows, or· ought reasonably to know, that the recording is an 
unauthorised recording.". 
16. After section 248Q of the Principal Act the following sections are 
inserted: 
Further offences relating to sound recordings of certain 30 
performances 
"248QA.(1) This section applies to an act done in Australia on or after 
the date of commencement of Part 4 of the Copyright (World Trade 
Organization Amendments) Act 1994 in relation to a performance given at 
any time before that date. 35 
"(2) A person must not, at any time during the protection period of a 
performance, have in his or her possession any plate or recording equipment 
that the person knows, or ought reasonably to know, is to be used for making 
a copy of an unauthorised sound recording of the performance. IPINIl! AUSIlI Add.2 
Page 18 
Copyright (Horld Trade Organl=ation 
Amendments) .Vo. 1';'9. 1994 is 
"(3) A person must not. at any time during the protection period of a 
performance. make a copy of a sound recording of the performance if the 
person knows. or oUght reasonably to know. that the recording is an 
unauthorised recording. 
5 "( 4) A person must not, at any time during the protection period of a 
performance: 
(a) sell. let for hire. or by way of trade offer or expose for sale or hire. 
a sound recording of the performance; or 
(b) distribute a sound recording of the performance for the purpose of 
10 trade. or for any other purpose to an extent that will affect 
prejudicially the financial interests of the performer or performers in 
the performance: or 
( c) have in his or her possession a sound recording of the performance 
for the purpose of: 
15 (i) selling it letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for any other purpose 
to an extent that will affect prejudicially the financial interests 
of the performer or performers in the performance; or 
20 (d) import a sound recording of the performance into Australia for the 
purpose of: 
(i) selling it. letting it for hire, or by way of trade offering or 
exposing it for sale or hire; or 
(ii) distributing it for the purpose of trade, or for any other purpose 
25 to an extent that will affect prejudicially the financial interests 
of the performer or performers in the performance; 
if the person knows, or oUght reasonably to know, that the recording is an 
unauthorised recording. 
"(5) A person must not, at any time during the protection period of a 
30 performance: 
(a) by way of trade exhibit in public a sound recording of the 
performance; or 
(b) import a sound recording of the performance into Australia for the 
purpo~e of exhibiting the recording in public by way of trade; 
35 if the person knows, or ought reasonably to know, that the recording is an 
unauthorised recording. 
Protection against multiple prosecutions for same act 
"248QB. If an act done in relation to a performance constitutes a 
contravention of section 248P or 248Q and of section 248QA, a prosecution 
40 may be instituted in respect of the offence against section 248R arising out 16 Copyright (World Trade Organization 
A.mendments) No. 149, 1994 IPINIl! AUSll! Add.2 
Page 19 
of the contravention of section 248P or 248Q (as the case may be) or the 
offence against section 248R arising out of the contravention of 
section 248QA, but not both." . 
Penalties 
17. Section 248R of the Principal Act is amended: 5 
(a) by omitting from subsection (3) "(4), (5) or (6)" and substituting 
"(4) or (6)"; 
(b) by inserting after subsection (3): 
"(3A) A person who contravenes subsection 248QA(2) is gUilty 
of an offence punishable on conviction by: 10 
(a) if the person is a natural person-a fine not exceeding 
15 penalty units or imprisonment for a term not exceeding 
6 months, or both; or 
(b) if the person is a body corporate-a fine not exceeding 
150 penalty units. 15 
"(3B) A person who contravenes subsection 248QA(3), (4) or 
(5) is guilty of an offence punishable on conviction by: 
(a) if the person is a natural person-a fine not exceeding 
5 penalty units for each sound recording or copy to which the 
offence relates or imprisonment for a term not exceeding 20 
6 months, or both; or 
(b) if the person is a body corporate-a fine not exceeding 
50 penalty units for each sound recording or copy to which the 
offence relates."; 
(c) by omitting from subsection (4) "under subsection (3)" and 25 
substituting "under subsection (3) or (3B)". 
NOTE 
1. No. 63, 1968, as amended. For previous amendments, see No. 216, 1973; 
Nos. 37 and 91, 1976; No. 160, 1977; No. 19, 1979; No. 154, 1980; Nos. 42 
and 61, 1981; No. 113, 1981 (as amended by No. 154, 1982); Nos. 26, 80 and 
154, 1982; Nos. 7,80,91 and 136, 1983; Nos. 43 and 165, 1984; Nos. 65 and 67, 
1985; Nos. 78 and 168, 1986; No. 23, 1987; No. 146, 1988; Nos. 28 and 32, 
1989; Nos. 174 and 180, 1991; Nos. 105 and 167, 1992; No. 107, 1993; and 
No. 37, 1994. . lPINlll AUS/!I Add.2 
Page 20 
Copyright ( ~Vorld Trade Organization 
Amendments) .Vo. 149, 1994 
[.Hinisrers second reading speech made in-
House of Represemau\'es on 18 October 1994 
Senate on 7 November 1994J 
Printed by Authority by the Commonwealth Government Printer 17 
(129/94)-1 