4Definitions

#### 4 Definitions > Note: A number of expressions used in this instrument are defined in the Act, including the following: (a) adaptation; (b) artistic work; (c) Australia; (d) body administering; (e) carriage service provider; (f) cinematograph film; (g) collecting society; (h) copy; (i) copyright material; (j) device; (k) dramatic work; (l) educational institution; (m) eligible rights holder; (n) government; (o) government copy; (p) infringing copy; (q) licensed copying or communicating; (r) literary work; (s) manuscript; (t) record; (u) Registrar; (v) rules; (w) sound broadcast; (x) sound recording; (y) technological protection measure; (z) television broadcast; (za) the Tribunal; (zb) to the public; (zc) work; (zd) works collecting society. In this instrument: > Act means the Copyright Act 1968. > address for service of a person or body means an address in Australia at which, or an electronic address through which, documents may be served on the person or body. > Australian‑based: a person is Australian‑based if the person: (a) resides or carries on business in Australia; or (b) if the person is a corporation—has a registered office in Australia. > caching has the same meaning as in section 116AB of the Act. > civil action means a proceeding of a civil nature between parties, including a counterclaim. > Note: This is essentially the same as the definition of action in Part V of the Act. > designated representative of a service provider means a person designated under subsection 19(1) to receive for the service provider notifications, notices and counter‑notices given for the purposes of a condition in subsection 116AH(1) of the Act. > designated service provider means a service provider other than a carriage service provider. > distributable amount has the meaning given by subsection 17(3). > entitled person has the meaning given by subsection 17(3). > equitable remuneration has the meaning given by subsection 17(3). > infringement notice means an infringement notice given under section 43. > infringement officer means: (a) a member of the Australian Federal Police (as defined in the Australian Federal Police Act 1979); or (b) a member of the police force (however described) of a State or Territory. > infringing article, in relation to an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), means an article that is alleged: (a) to be an infringing copy of a work or other subject‑matter; and (b) to have been involved in the commission of the offence. > infringing device, in relation to an offence of strict liability against a provision of Division 5 of Part V of the Act (except subsections 132AQ(5), 132AR(5) and 132AS(5)), means a device that is alleged: (a) to have been made to be used for making an infringing copy of a work or other subject‑matter; and (b) to have been involved in the commission of the offence. > party has a meaning affected by section 117. > potential share has the meaning given by subsection 17(3). > President means the President of the Tribunal. > reference of a matter to the Tribunal under the Act includes referral of the matter to the Tribunal under the Act. > relevant chief executive means the Commissioner (or head, however described) of the Australian Federal Police or of the police force (however described) of a State or Territory. > relevant copyright owner has the meaning given by subsection 17(3). > relevant file number, in relation to a Tribunal proceeding, means the file number given by the Registrar to the proceeding. > sealed means sealed with the seal of the Tribunal. > service provider has the meaning given by section 116ABA of the Act. > subject to an infringement notice under Part 9 has the meaning given by section 42. > system or network of a service provider means a system or network controlled or operated by or for the service provider. > Tribunal proceeding means a proceeding before the Tribunal. > user, in relation to copyright material stored on a service provider’s system or network, means the person who directed the service provider to store the copyright material on its system or network.