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New Zealand Legislation: Bills

Bills are proposed Acts

Hon Simon Power

Copyright (Infringing File Sharing) Amendment Bill

Government Bill

119—2

As reported from the Commerce Committee

Contents

3 Principal Act amended

Part 1
Infringing file sharing

~~4 Interpretation~~

~~5 New section 92A substituted~~

~~92A Interpretation for sections 92A to 92E~~

5 Section 92A repealed

6 Internet service provider liability if user infringes copyright

7 New heading and sections 122A to 122R inserted

Infringing file sharing

122A Interpretation for sections 122B to 122R

122B Overview of infringing file sharing regime

122C IPAPs to send infringement notices

122D Detection notices

122E Warning notices

122F Enforcement notices

122G Challenging infringement notices

122H Effect of challenge to, and cancellation of, infringement notice

122I Enforcement action after issue of enforcement notice

122J Application to Tribunal

122K Notice of proceedings

122L Decisions generally made on papers and without hearing

122M If hearing is held

122MA Infringement notice as evidence of copyright infringement

122N Tribunal order requiring payment to rights owner

122O Court order suspending account holder's account

122P Order requiring IPAP to disclose account holder details

122PA Suspension orders and orders under section 122P not available until date set by Order in Council

122PB Application of section 122C to cellular mobile networks

122Q Obligations of IPAPs

122R Fees payable by rights owners to IPAPs

8 Rights and remedies of exclusive licensee

Part 2
Related amendments to Parts 10 and 11

Copyright Tribunal

9 Membership of Tribunal

Legislative history

The Parliament of New Zealand enacts as follows: