Copyright Act 1968

The regulations may, subject to subsection (3), provide, either generally or in such cases as are specified in the regulations, that this Part does not apply to performances given after a day specified in the regulations (which may be a day before the commencement of the regulations or of this Part) if, at the time the performances were or are given, the performers were or are citizens or nationals of a foreign country specified in the regulations, other than persons resident in Australia.

Before the Governor‑General makes a regulation for the purposes of subsection (2) in relation to a foreign country:

the Minister must be satisfied that that the law of the country does not give adequate protection to Australian performances (whether the lack of protection relates to all or any of the ways that the provisions may be applied by the regulations under subsection 248U(1)); and

the Minister must have regard to the nature and extent of that lack of protection.