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Part I—Preliminary |
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1. Short title [see Note 1]
This Act may be cited as the Copyright Act 1968. |
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2. Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation. |
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4. Extension to external Territories
This Act extends to every external Territory. |
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5. Exclusion of Imperial Copyright Act, 1911
(1) This Act operates to the exclusion of the Copyright Act, 1911.
(2) For the purposes of section 8 of the Acts Interpretation Act 1901‑1966, the Copyright Act, 1911 shall be deemed to be an Act passed by the Parliament of the Commonwealth and to be repealed by this Act, and the enactment of Part XI shall not be taken to affect the operation of section 8 of the Acts Interpretation Act 1901‑1966 as it operates by virtue of this subsection in relation to matters to which that Part does not apply. |
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6. Repeal of Copyright Acts
The following Acts are repealed:
Copyright Act 1912;
Copyright Act 1933;
Copyright Act 1935;
Copyright Act 1963. |
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7. Act to bind the Crown
Subject to Part VII, this Act binds the Crown but nothing in this Act renders the Crown liable to be prosecuted for an offence. |
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8. Copyright not to subsist except by virtue of this Act
Subject to section 8A, copyright does not subsist otherwise than by virtue of this Act. |
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8A. Prerogative rights of the Crown in the nature of copyright
(1) Subject to subsection (2), this Act does not affect any prerogative right or privilege of the Crown.
(2) Where a right or privilege of the Crown by way of copyright subsists in a work or published edition of a work, a person does not infringe that right or privilege by doing, or authorizing the doing of, an act in relation to the work or edition without the licence of the Crown if, assuming that that right or privilege of the Crown did not subsist in the work or edition, but copyright subsisted under this Act in the work or edition and was owned by a person other than the Crown, the person would not infringe the copyright of that owner in the work or edition by doing, or by authorizing the doing of, that act without the licence of the owner.
(3) Nothing in subsection (2) shall be taken to limit the duration of the right or privilege of the Crown by way of copyright in a work or published edition of a work. |
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9. Operation of other laws
(1) This Act does not affect the right of, or of a person deriving title directly or indirectly from, the Commonwealth or a State to sell, use or otherwise deal with articles that have been, or are, forfeited under a law of the Commonwealth or of the State.
(3) This Act does not affect the operation of the law relating to breaches of trust or confidence. |
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9A. Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. |
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