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Contents  

Long Title

Part I PRELIMINARY

Part II INTERPRETATION

Part III COPYRIGHT IN ORIGINAL LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS

Division 1 — Nature, Duration and Ownership of Copyright in Works

Division 2 — Infringement of Copyright In Works

Division 3 — Acts not Constituting Infringements of Copyright Works

Division 4 — Acts not Constituting Infringements of Copyright in Literary, Dramatic and Musical Works

Division 5 — Copying of Works in Libraries

Division 6 — Copying of Works for Educational Purposes

Division 7 — Copying of Works in Institutions Assisting Persons with Reading Disabilities and Institutions Assisting Intellectually Handicapped Readers

Division 8 — Recording of Musical Works

Division 9 — Acts not Constituting Infringements of Copyright in Artistic Works

Division 10 — Designs

Division 11 — Works of Joint Authorship

Part IV COPYRIGHT IN SUBJECT-MATTER OTHER THAN WORKS

Division 1 — Preliminary

Division 2 — Nature of Copyright in Subject-Matter other than Works

Division 3 — Subject-Matter, other than Works, in which Copyright Subsists

Division 4 — Duration of Copyright in Subject-Matter other than Works

Division 5 — Ownership of Copyright in Subject-Matter other than Works

Division 6 — Infringement of Copyright in Subject-Matter other than Works

Division 7 — Miscellaneous

Part V REMEDIES FOR INFRINGEMENTS OF COPYRIGHT

Division 1 — Preliminary

Division 2 — Actions by Owner of Copyright

Division 3 — Proceedings where Copyright is subject to Exclusive Licence

Division 4 — Proof of Facts in Copyright Proceedings

Division 5 — Offences

Division 6 — Border Enforcement Measures

Division 7 — Powers of Search

Division 8 — Miscellaneous

Part VI COMPULSORY LICENCES FOR TRANSLATION AND REPRODUCTION OF CERTAIN WORKS

Part VII COPYRIGHT TRIBUNALS

Division 1 — Preliminary

Division 2 — Constitution of Tribunal

Division 3 — Inquiries by, and Applications and References to, Tribunal

Division 4 — Procedure and Evidence

Division 5 — Miscellaneous

Part VIII EXTENSION OR RESTRICTION OF THIS ACT

Part IX FALSE ATTRIBUTION OF AUTHORSHIP

Part IXA WORKS, OR OTHER SUBJECT-MATTER, IN ELECTRONIC FORM

Part X MISCELLANEOUS

Part XI TRANSITIONAL

Division 1 — Preliminary

Division 2 — Original Works

Division 3 — Subject-Matter other than Works

Division 4 — Miscellaneous

Division 5 — Works made before 1st July 1912

Part XII PERFORMERS’ PROTECTION

Part XIII RIGHTS MANAGEMENT INFORMATION

Part XIIIA CIRCUMVENTION OF TECHNOLOGICAL MEASURES

Part XIV TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004

Part XV SAVINGS AND TRANSITIONAL PROVISIONS UNDER COPYRIGHT (AMENDMENT) ACT 2004

THE SCHEDULE False Registration of Industrial Designs

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

 
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On 12/12/2017, you requested the version in force on 12/12/2017 incorporating all amendments published on or before 12/12/2017. The closest version currently available is that of 30/10/2017.
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Division 4 — Procedure and Evidence
Proceedings to be in public except in special circumstances
171.
—(1)  Subject to this section, the hearing of proceedings before a Tribunal shall be in public.
[23/2009 wef 31/12/2009]
(2)  Where a Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Tribunal may —
(a)
direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; or
(b)
give directions prohibiting or restricting the publication of evidence given before the Tribunal (whether in public or in private) or of matters contained in documents produced to the Tribunal.
[Aust. 1968, s. 163]
[23/2009 wef 31/12/2009]
Application may be made to Tribunal by agent of copyright owner
172.
—(1)  An owner of copyright may make an application to a Tribunal under this Act by his agent.
[23/2009 wef 31/12/2009]
(2)  Two or more owners of copyright may jointly make a single application to a Tribunal by the same agent against the same person or body.
[Aust. 1968, s. 163A]
[23/2009 wef 31/12/2009]
Procedure
173.  In proceedings before a Tribunal —
(a)
the procedure of the Tribunal shall, subject to this Act and the regulations, be within the discretion of the Tribunal;
(b)
the Tribunal shall not be bound by the Evidence Act (Cap. 97); and
(c)
the proceedings shall be conducted with as little formality, and with as much expedition, as the requirements of this Act and a proper consideration of the matters before the Tribunal permit.
[23/2009 wef 31/12/2009]
[Aust. 1968, s. 164]
Mistakes or errors in orders of Tribunal
174.  A Tribunal may correct any clerical mistake or any error arising from an accidental slip or omission in any order made by it.
[23/2009 wef 31/12/2009]
Regulations as to procedure
175.
—(1)  The regulations may make provision for or in relation to the procedure in connection with the making of references and applications to a Tribunal and the regulation of proceedings before a Tribunal and may prescribe the fees payable in respect of those references and applications and the fees and expenses of witnesses in those proceedings.
[23/2009 wef 31/12/2009]
(2)  The regulations may include provision —
(a)
for requiring notice of an intended inquiry by a Tribunal under section 157 or an intended reference to a Tribunal under section 160, 161 or 162 to be advertised in accordance with the regulations;
(b)
for requiring notice of an intended application to the High Court under section 169(3) to be given to a Tribunal and to the other parties to the proceedings, and for limiting the time within which any such notice is to be given;
(c)
for suspending, or authorising or requiring a Tribunal to suspend, the operation of orders of the Tribunal in cases where, after giving its decision, the Tribunal refers a question of law to the High Court;
(d)
for modifying, in relation to orders of a Tribunal the operation of which is suspended, the operation of any provisions of this Part as to the effect of orders made under this Part;
(e)
for the publication of notices, or the doing of any other things, to ensure that persons affected by the suspension of an order of a Tribunal will be informed of its suspension; and
(f)
for regulating or prescribing any other matters incidental to or consequential upon any request, application, order or decision under section 169.
[Aust. 1968, s. 166]
[23/2009 wef 31/12/2009]
Power to take evidence on oath
176.
—(1)  A Tribunal may take evidence on oath or affirmation, and for that purpose a member may administer an oath or affirmation.
[23/2009 wef 31/12/2009]
(2)  A member of a Tribunal may summon a person to appear before the Tribunal to give evidence and to produce such documents and articles (if any) as are referred to in the summons.
[Aust. 1968, s. 167]
[23/2009 wef 31/12/2009]
Evidence in form of written statement
177.  A Tribunal may, if it thinks fit, permit a person appearing as a witness before the Tribunal to give evidence by tendering, and verifying by oath or affirmation, a written statement, which shall be filed with the Secretary to the Tribunals.
[Aust. 1968, s. 168]
[23/2009 wef 31/12/2009]
Representation
178.  In proceedings before a Tribunal —
(a)
a party other than a body corporate or an unincorporated body of persons may appear in person or be represented by an employee of the party approved by the Tribunal;
(b)
a party being a body corporate may be represented by a director or other officer, or by an employee, of the party approved by the Tribunal;
(c)
a party being an unincorporated body of persons or a member of such a body may be represented by a member, or by an officer or employee, of the body approved by the Tribunal; and
(d)
any party may be represented by an advocate and solicitor.
[Aust. 1968, s. 169]
[23/2009 wef 31/12/2009]