195BReview of certain decisions

195B  Review of certain decisions  (1) For the purposes of this section, the following decisions are reviewable decisions:  (ba) a decision of the Comptroller‑General of Customs under subsection 135(6A) to declare a notice given under subsection 135(2) to be ineffective;  (c) a decision of the Comptroller‑General of Customs under section 135AA refusing to seize copies under subsection 135(7);  (ca) a decision of the Comptroller‑General of Customs under section 135AEC refusing to allow a late claim for the release of seized copies;  (cb) a decision of the Comptroller‑General of Customs under section 135AJ refusing to seize copies under subsection 135(7);  (d) a decision of the Comptroller‑General of Customs not to give permission under subsection 135AD(1);  (e) a decision of the Minister under paragraph 113V(2)(b), 135ZZT(1A)(b) or 135ZZZO(2)(b) refusing to declare a body as a collecting society;  (f) a decision of the Minister under paragraph 113X(2)(a), 135ZZU(2)(a) or 135ZZZP(2)(a) revoking a declaration of a body as a collecting society.  (3) If the Comptroller‑General of Customs makes a reviewable decision referred to in paragraphs (1)(ba) to (d), the Comptroller‑General of Customs 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  (b) a statement to the effect that the objector or importer, as the case may be, may request a statement of reasons under section 268 of the Administrative Review Tribunal Act 2024.  (4) Failure to include in a notice under subsection (3) a statement of the kind referred to in paragraph (3)(b) does not affect the validity of the decision to which the notice relates.  (5) Application may be made to the Administrative Review Tribunal for review of a reviewable decision.  (8) In this section: decision has the same meaning as in the Administrative Review Tribunal Act 2024. Division 3—National Library of Australia 195CA  Simplified outline Persons publishing certain literary, dramatic, musical or artistic works in Australia must deliver copies of the works to the National Library. The National Library may also request the delivery of works that are available online. 195CB  Copy of certain material to be delivered to the Library Material published but not available online  (a) the person publishes National Library material in Australia on a particular day, but not in such a way that makes the material available online; and  (b) the person is not requested under section 195CC, during the period of 1 month starting on that day, to cause a copy of the material to be delivered under section 195CD; and  (c) the person contravenes section 195CD. Penalty: 10 penalty units. Material available online  (a) the person publishes National Library material; and  (b) the material is available online; and  (c) the person is requested under section 195CC to cause a copy of the material to be delivered under section 195CD; and  (d) the person contravenes section 195CD. Penalty: 10 penalty units. Offences of strict liability  (3) Subsections (1) and (2) are offences of strict liability. Not continuing offences  (4) Subsection 4K(2) of the Crimes Act 1914 (about continuing offences) does not apply in relation to an offence against subsection (1) or (2). 195CC  Library may request a copy of material available online  (1) The Director‑General of the National Library may request, in writing, a person to cause a copy of National Library material to be delivered under section 195CD if:  (a) the person publishes the material; and  (b) the material is available online; and  (c) the Director‑General considers that a copy of the material should be included in the national collection of library material (see section 6 of the National Library Act 1960). Note: The national collection includes a comprehensive collection of library material relating to Australia and the Australian people.  (2) The request may be made any time after the person publishes the material.  (3) For the purposes of paragraph 9(2)(d) of the Electronic Transactions Act 1999, one way of consenting to a request being made by way of electronic communication is having the ability to automatically receive user agent requests. Example: The Director‑General could use a web harvester to make requests in the form of user agent requests. 195CD  Delivering material to the Library  (1) A person contravenes this section unless the person causes to be delivered to the National Library, before the end of the delivery period for the National Library material, a copy of the material that:  (a) is a copy of the whole of the material (including any illustrations, drawings, engravings, photographs and audio‑visual elements); and  (b) if the copy was requested under section 195CC—is in the electronic form in which the material was available online; and  (c) if the copy is in an electronic form:  (i) is free from any technological protection measure; and  (ii) is accompanied by any software or additional information necessary for the National Library to access the material from the copy; and  (d) if the copy is in hardcopy form:  (i) is finished and coloured, and bound, sewed, stitched or otherwise fastened together, in the same manner as the best copies of the material are supplied to the public; and  (ii) is on the best paper on which the material is printed; and  (e) is delivered at the person’s own expense, unless the copy was requested under section 195CC and the request stated otherwise; and  (f) meets the requirements (if any) prescribed by the National Library Minister for the purposes of this paragraph.  (2) The delivery period, for National Library material, starts on:  (a) for material published in a way covered by paragraph 195CB(1)(a)—the day it was so published; or  (b) for material requested under section 195CC—the day the request was made; and ends 1 month later or on a later day allowed by the Director‑General of the National Library. Note: This section could apply twice, with separate delivery periods, if material published in Australia but not available online later became available online and was requested under section 195CC more than 1 month after it was published. 195CE  Meaning of National Library material   A literary, dramatic, musical or artistic work, or an edition of such a work, (whether in an electronic form or otherwise) is National Library material if:  (a) the work or edition is:  (i) a website, web page, web file, book, periodical, newspaper, pamphlet, sheet of music, map, plan, chart or table; or  (ii) prescribed by the National Library Minister for the purposes of this subparagraph; and  (b) copyright subsists in the work or edition under this Act; and  (c) the work or edition is not primarily audio‑visual; and  (d) in the case of an edition:  (i) the edition contains additions or alterations in the text or other reading matter, illustrations, drawings, engravings, photographs or audio‑visual elements; and  (ii) the content of at least one of those additions or alterations was not contained in any earlier edition; and  (e) the work or edition is not prescribed by the National Library Minister for the purposes of this paragraph. Note: The same work in hardcopy form and an electronic form is the same National Library material. 195CF  Meaning of available online   National Library material is available online if it is communicated:  (a) on the internet; or  (b) in an electronic form prescribed by the National Library Minister for the purposes of this paragraph. 195CG  Infringement notices  (1) The National Library Minister may prescribe a scheme enabling a person who is alleged to have committed an offence against subsection 195CB(1) or (2) to pay a penalty to the Commonwealth as an alternative to prosecution.  (2) The penalty must equal one‑fifth of the maximum fine that a court could impose on the person as a penalty for that offence. 195CH  Relationship with State and Territory laws   This Division is not intended to exclude or limit the operation of any law of a State or Territory (whether made before or after the commencement of this Division) that makes provision for or in relation to the delivery to a specified public or other library in or of the State or Territory of copies of National Library material published in the State or Territory. 195CI  Delegation  (1) The Director‑General of the National Library may, in writing, delegate the Director‑General’s powers under this Division to a member of the staff of the National Library who is an SES employee or acting SES employee. Note: The relevant powers are in section 195CC (about requesting copies of material available online), and subsection 195CD(2) (about allowing further time for delivery).  (2) In exercising powers under a delegation, the delegate must comply with any written directions of the Director‑General. 195CJ  Legislative instruments   The National Library Minister may, by legislative instrument, prescribe matters required or permitted by this Division to be prescribed by that Minister. Division 4—Other matters