Copyright Act 1968

A service provider must satisfy the relevant conditions set out in Subdivision D before the limitations in this section apply.

For infringements of copyright that occur in the course of carrying out any of the categories of activities set out in Subdivision B, a court must not grant relief against a service provider that consists of:

damages or an account of profits; or

additional damages; or

other monetary relief.

For an infringement of copyright that occurs in the course of the carrying out of a Category A activity, the relief that a court may grant against a service provider is limited to one or more of the following orders:

an order requiring the service provider to take reasonable steps to disable access to an online location outside Australia;

an order requiring the service provider to terminate a specified account.

For an infringement of copyright that occurs in the course of the carrying out of a Category B, C or D activity, the relief that a court may grant against a service provider is limited to one or more of the following orders:

an order requiring the service provider to remove or disable access to infringing copyright material, or to a reference to infringing copyright material;

an order requiring the service provider to terminate a specified account;

some other less burdensome but comparably effective non‑monetary order if necessary.

In deciding whether to make an order of a kind referred to in subsection (3) or (4), a court must have regard to:

the harm that has been caused to the owner or exclusive licensee of the copyright; and

the burden that the making of the order will place on the service provider; and

the technical feasibility of complying with the order; and

the effectiveness of the order; and

whether some other comparably effective order would be less burdensome.