Selected year snapshot
For 2024, the active event in this file is Norfolk Island Legislation Amendment Act 2015 (Cth).
100%
Current rationale
The Norfolk Island Legislation Amendment Act 2015 was part of broader reforms integrating Norfolk Island more fully into the Australian Commonwealth legal framework. The Copyright Act 1968 already extended to Norfolk Island as an external territory under section 8, and this remained unchanged. The 2015 Act did not amend the copyright exceptions. Section 40(1) fair dealing for research or study remained in force and continued to be the most permissive exception (GREEN). This event is included because it confirmed and reinforced the application of Commonwealth law, including copyright, to Norfolk Island.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — any dealing, any listed work type, any user.
Reproducing works in books, newspapers and periodical publications for private and domestic use.
Flexible dealing for libraries, educational institutions, persons with a disability — institutional users, three-step test.
Library copying provisions for research or study.
Law changes
Copyright Act 1968 (Cth)
Baseline · Effective 1969-05-01
100%
Relevant section: Sections 40, 49, 50, 51
Dates: Effective 1969-05-01 · Enacted 1968-06-27
Why this score
Norfolk Island is an external territory of Australia. Under section 8 of the Copyright Act 1968 (Cth), the Act extends to every external territory, which includes Norfolk Island. The key research-relevant exception is section 40(1), which provides for 'fair dealing' for the purpose of 'research or study.' The term 'dealing' covers any exclusive right (not only reproduction), it applies to all literary, dramatic, musical and artistic works, and it is not restricted to any particular class of user — any person may rely on it. This is the most permissive exception. Additional library/institutional exceptions exist in sections 49–51 (copying by libraries for research or study purposes), but these are narrower (PURPLE). The fair dealing exception in s 40 determines the classification as GREEN. Non-commercial restrictions, copy limits, and proportionality qualifiers (s 40(2) factors) are classification-neutral.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — covers any dealing (any exclusive right), any work type listed, any user.
Reproduction by librarians or archivists of articles in periodicals or reasonable portions of other works for research or study purposes of a requesting person.
Reproduction by librarians or archivists of published works for research or study in certain circumstances (e.g., work not available within a reasonable time at ordinary commercial price).
Reproduction by librarians or archivists of unpublished works for research or study.
Original text
40.-(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work.
Source links
Copyright Amendment Act 2006 (Cth)
Relevant update · Effective 2006-12-11
100%
Relevant section: Sections 40(1), 40(1A), 43C, 47J, 110AA, 113E–113H (new Part IVA Division 4A provisions for libraries)
Dates: Effective 2006-12-11 · Enacted 2006-12-11
Why this score
The Copyright Amendment Act 2006 (No. 158, 2006), which came into force on 11 December 2006, introduced several new exceptions including section 43C (reproducing works in books, newspapers and periodical publications for private and domestic use — a private-use exception, LIGHT BLUE), section 47J (temporary reproductions made in the course of communication), and expanded library provisions. However, section 40(1) — fair dealing for research or study — remained in force and unchanged in its core scope. The 2006 Act also introduced section 200AB, a flexible dealing exception for libraries, educational institutions, and persons with a disability, which is narrower than s 40 for general research. Since s 40(1) remained the most permissive research exception (GREEN), the overall classification remains GREEN.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — unchanged, covers any dealing, any listed work type, any user.
Reproducing works in books, newspapers and periodical publications for private and domestic use by an individual.
Flexible dealing exception for libraries, educational institutions, and persons with a disability — must satisfy three-step test conditions, limited to specified institutional users.
Library copying provisions for research or study — reproduction by librarians/archivists for requesting persons.
Source links
Norfolk Island Legislation Amendment Act 2015 (Cth)
Relevant update · Effective 2016-07-01
100%
Relevant section: Section 8 of the Copyright Act 1968 (extension to external territories)
Dates: Effective 2016-07-01 · Enacted 2015-05-26
Why this score
The Norfolk Island Legislation Amendment Act 2015 was part of broader reforms integrating Norfolk Island more fully into the Australian Commonwealth legal framework. The Copyright Act 1968 already extended to Norfolk Island as an external territory under section 8, and this remained unchanged. The 2015 Act did not amend the copyright exceptions. Section 40(1) fair dealing for research or study remained in force and continued to be the most permissive exception (GREEN). This event is included because it confirmed and reinforced the application of Commonwealth law, including copyright, to Norfolk Island.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or study — any dealing, any listed work type, any user.
Reproducing works in books, newspapers and periodical publications for private and domestic use.
Flexible dealing for libraries, educational institutions, persons with a disability — institutional users, three-step test.
Library copying provisions for research or study.
Source links
Copyright Act 1968 (Cth) (as in force in 2025)
Current law confirmation · Effective 2025-01-01
100%
Relevant section: Sections 40(1), 40(1A), 43C, 49, 50, 51, 200AB
Dates: Effective 2025-01-01
Why this score
As of 2025, the Copyright Act 1968 (Cth) continues to extend to Norfolk Island under section 8. The most permissive research-relevant exception remains section 40(1): fair dealing for the purpose of research or study. This covers any 'dealing' (i.e., any exclusive right, not limited to reproduction — includes communication and sharing), applies to all literary, dramatic, musical and artistic works, and is open to any user without restriction to a particular class. Section 40(1A) extends fair dealing for research or study to audio-visual items (Part IV subject-matter). Additional exceptions include: s 43C (private/domestic reproduction from books/newspapers — LIGHT BLUE), ss 49–51 (library copying for research — PURPLE), and s 200AB (flexible dealing for institutions — PURPLE). Australia has not yet enacted a specific TDM exception as of 2025, but the fair dealing provision in s 40 is broad enough to potentially cover TDM for research purposes. The classification is GREEN based on s 40(1). Non-commercial restrictions, copy-number limits, and proportionality factors in s 40(2) are classification-neutral per the methodology.
Exceptions considered
Fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation thereof, for the purpose of research or study. Covers any dealing (any exclusive right), all listed work types, any user.
Fair dealing with audio-visual items (Part IV subject-matter — sound recordings, cinematograph films, broadcasts, published editions) for the purpose of research or study.
Reproducing works in books, newspapers and periodical publications for private and domestic use by an individual.
Reproduction by officers of libraries or archives of articles in periodicals, or reasonable portions of other works, for persons for research or study.
Reproduction by officers of libraries or archives of published works not available within reasonable time at ordinary commercial price, for research or study.
Reproduction by officers of libraries or archives of unpublished works for research or study.
Flexible dealing exception for libraries, archives, educational institutions, and persons with a disability — must satisfy three-step test, limited to specified institutional users.
Original text
40.-(1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for the purpose of research or study does not constitute an infringement of the copyright in the work.