[LINK] Film industry takes on iiNet

Tom Koltai tomk at unwired.com.au
Sat Nov 22 02:43:37 AEDT 2008

-----Original Message-----
>From: link-bounces at mailman1.anu.edu.au
[mailto:link-bounces at mailman1.anu.edu.au] On Behalf Of Stilgherrian
>Sent: Friday, 21 November 2008 10:48 AM
>To: The Link Institute
>Subject: Re: [LINK] Film industry takes on iiNet

>Did not the 2006 changes to the Copyright Act introduce various  
>criminal penalties?


I recently sent a letter the AG's office about this very topic and
received the following reply - my letter to AG's follows beneath.

Dear Mr Koltai,  
Thank you for your e-mail dated 27 September (attached below) regarding
the Copyright Infringement Notice Scheme.   
As you have noted, the Copyright Act 1968 was amended by in 2006 by the
Copyright Amendment Act 2006.  A current version of the Copyright Act
incorporating in the 2006 amendments is available at the following
The 2006 amendments created a tiered system of indictable, summary and
strict liability offences.  Under this system, offences applying to the
same physical activity differ in seriousness dependant upon the criminal
intent of the offender.  The lowest tier of the offence system is the
strict liability offences, which require no criminal intent to be
established.  Under the Act, these offences may be enforced by the
infringement notice scheme.  As noted on our website, under this scheme,
a person issued with an infringement notice will have the option of
paying a fine as an alternative to prosecution in court for the alleged
offence.  In some circumstances the scheme also requires the forfeiture
of copyright infringing materials and/or related devices.   
The weblink that you refer to in your e-mail, relates to public
consultation conducted late last year regarding the drafting of
guidelines for use by law enforcement officers in the implementation of
the copyright infringement notice scheme.  The consultation was limited
to the drafting of these guidelines and was not directed to the
legislation and regulations providing for the scheme.  You are correct
that the comments which the Department received from this consultation
process have been used to inform the finalisation of the guidelines.  A
final version of these guidelines has not yet been released. 
Your e-mail correctly identifies the copyright related legislation and
regulations for which the Copyright Law Branch of the Attorney-General's
Department has policy responsibility.  The copyright infringement notice
scheme is provided for in the Copyright Regulations 1969 and the scheme
operates in conjunction with the strict liability offences established
in the Copyright Act.  Under the Regulations, infringement notices may
be issued by the Australian Federal Police or officers of any State or
Territory police force. 
The copyright infringement notice scheme is not currently operational,
however work is being completed to finalise the necessary arrangements
for the operation of this scheme with a view to implementation before
the end of 2008. 
I trust this information is of assistance. 
Copyright Law Branch
Australian Government Attorney-General's Department
Robert Garran Offices | National Circuit | Barton ACT 2600
Tel +61 2 6250 6940 | Fax +61 2 6250 5929
-----Original Message-----
From: Tom Koltai [mailto:tomk at unwired.com.au] 
Sent: Saturday, 27 September 2008 3:29 pm
To: Ahlin, Sam
Subject: Draft Copyright Infringement Notice Scheme Guidelines

Dear Mr. Ahlin, 

I am interested in the final Copyright Act. 
Am I correct in assuming that the comments which closed on 5th of
October will be reviewed and weighed and then the act will be altered if
necessary to include such changes as arew deemed or considered necessary
to be included/excluded.

On this basis and seeing that the web site has not been updated since
may of this year
ntNoticeScheme), am I correct in assuming that the Copyright Amendment
Act 2006. is the current state of the legislation in Australia today.

It would appear from the CCA website that they are only responsible for
the following legislation: 

Circuit Layouts Act 1989 
Circuit Layouts Regulations 1990 
Copyright Act 1968 
Copyright Regulations 1969 
Copyright (International Protection) Regulations 1969 
Copyright Tribunal (Procedure) Regulations 1969 

Therefore I would like to know who is responsible in Australia for
policing the new January one,2007 regulations referred to in the first
paragrapgh of your web page mentioned above.

Yours faithfully, 

Stilgherrian http://stilgherrian.com/
Internet, IT and Media Consulting, Sydney, Australia
mobile +61 407 623 600
fax +61 2 9516 5630
Twitter: stilgherrian
Skype: stilgherrian
ABN 25 231 641 421

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