Copying legal materials

Commonwealth Government materials

The Commonwealth Government allows the copying of certain legal materials for educational purposes. This licence is completely separate from the University's licence with CAL. Subject to the conditions below, the licence allows multiple copying of specified amounts from electronic and hard copy sources, and includes delivery by electronic methods.

Conditions relating to the copying are:

  • The copying must be for teaching or research purposes or, in the case of people with a print or intellectual disability, for research or study.
  • If sold to students, the charge must not exceed the cost of making and supplying the material.
  • You must accurately identify the material and include the following notation:

These materials are copied
[for the teaching/research purposes] or
[to assist a student with a disability]
for Southern Cross University under Commonwealth licence.

  • If you retype or scan an item, the reproduction must be accurate and in context, and the source must be identified accurately.
  • Under this licence, you are not permitted to copy privately owned copyright material associated with a judgment or embodied in other material, or to copy a published edition of a judgment or other material in which the copyright is held other than by the Crown (e.g. a law report published by Butterworths).

The amounts that may be copied are:

  • any amount from Hansard
  • any amount of a judgement of Commonwealth or its Territories' (apart from the Northern Territory) courts or tribunals
  • 30% of the number of pages of whole Commonwealth and its Territories' (apart from the Northern Territory) Bills, Explanatory Memoranda, Acts, Statutory Rules, and Ordinances and Regulations. If official copies are not commercially available within reasonable time (they usually are), you may copy more, including the whole item, and
  • 10% of the number of pages of whole reports of Commonwealth law reform bodies and of Commonwealth Parliamentary Papers relevant to an understanding of a Commonwealth or Territory law. If official copies are not commercially available within reasonable time, you may copy more than 10%, including the whole item.

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Copying New South Wales legislation

You may copy, for any purpose, any NSW legislation provided that you reproduce it accurately, in proper context and to an 'appropriate' standard, and that you identify its source accurately.

Note that only legislation is covered by this licence, and it allows reproduction and delivery by electronic means.

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Copying High Court of Australia material

The High Court of Australia allows digital or hard copy reproduction and distribution of their copyright material for educational purposes. All High Court decisions are published on the Court's website at http://www.hcourt.gov.au, usually within an hour of their handing down in court.

The conditions relating to this use are:

  • reproduced without textual alteration
  • reproduced in context (in the case of extracts of documents), and
  • acknowledged as follows: 'Copyright, High Court of Australia' (in the case of written material produced by the Court or its officers) or 'Courtesy High Court of Australia' (in the case of photographic or artistic material).

Note that this licence refers to material that the High Court has published on its website or in hard copy form, and not to High Court material published by other parties (for example, by Austlii).

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Single copies of statutory instruments

Section 182A of the Copyright Act permits one copy to be made of the whole or part of a 'prescribed work'. The copy may be made by, or on behalf, of a person for a particular purpose, although 'particular purpose' is not defined.

A 'prescribed work' however is defined, and under this Section means:

    1. an Act or State Act, an enactment of the legislature of a Territory or an instrument (including an Ordinance or a rule, regulation or by-law) made under an Act, a State Act or such an enactment
    2. a judgment, order or award of a Federal court or of a court of a State or Territory
    3. a judgment, order or award of a Tribunal (not being a court) established by or under an Act or other enactment of the Commonwealth, a State or a Territory
    4. reasons for a decision of a court referred to in paragraph (b), or of a Tribunal referred to in paragraph (c), given by the court or by the Tribunal

or

  1. reasons given by a Justice, Judge or other member of a court referred to in paragraph (b), or of a member of a Tribunal referred to in paragraph (c), for a decision given by him or her either as the sole member, or as one of the members, of the court or Tribunal.

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