Statute Details
- Title: Copyright (Border Enforcement Measures Fees) Regulations 2021
- Act Code: CA2021-RG2
- Type: Subsidiary Legislation (SL)
- Authorising Act: Copyright Act 2021 (Section 368)
- Commencement Date: 21 November 2021 (as indicated by the original SL)
- Current Version: 2025 Revised Edition (2 June 2025); “current version as at 27 Mar 2026”
- Legislative Instrument: SL 881/2021 (21 Nov 2021)
- Amendments: Amended by S 767/2023 (effective 1 Jan 2024)
- Key Provisions:
- Regulation 1: Citation
- Regulation 2: Definitions (by reference to the Copyright Act 2021, section 329)
- Regulation 3: Payment of fees specified in the Schedule to the Director-General
- Schedule: Sets out the specific “Fees” payable for border enforcement measures
What Is This Legislation About?
The Copyright (Border Enforcement Measures Fees) Regulations 2021 (“the Fees Regulations”) are subsidiary legislation made under the Copyright Act 2021. In practical terms, they deal with cost recovery: they specify that certain fees must be paid to the Director-General in connection with border enforcement measures relating to copyright.
Border enforcement measures are mechanisms that allow rights holders to seek action at or near the border—typically where goods suspected of infringing copyright are detained or handled by customs authorities. While the Copyright Act 2021 provides the substantive framework for such measures, the Fees Regulations focus on the administrative and operational charges that may arise when those measures are carried out.
Accordingly, the Fees Regulations sit alongside the Copyright Act 2021 as a “nuts and bolts” instrument. They do not create the enforcement powers themselves; rather, they regulate what fees are payable and to whom, and they ensure that the relevant statutory definitions are consistently applied.
What Are the Key Provisions?
1. Citation (Regulation 1)
Regulation 1 provides the short title: the “Copyright (Border Enforcement Measures Fees) Regulations 2021”. This is standard drafting, but it matters for practitioners because it identifies the specific subsidiary legislation instrument that should be cited when advising on fee obligations.
2. Definitions by reference (Regulation 2)
Regulation 2 defines key terms by reference to the Copyright Act 2021. Specifically, it states that “customs officer”, “Director‑General” and “seized goods” have the meanings given by section 329 of the Act.
This drafting approach is important for legal interpretation. Instead of repeating definitions, the Fees Regulations “import” the statutory meanings from the Copyright Act. For practitioners, this means that any change to the definitions in the Act will typically flow through to the Fees Regulations automatically (unless the subsidiary legislation is separately amended). It also reduces interpretive uncertainty: the same terms used for border enforcement procedures are used for fee assessment.
3. Core fee obligation (Regulation 3)
Regulation 3 is the operative provision. It provides that the fees specified in the Schedule are payable to the Director‑General in respect of the corresponding matters set out in that Schedule.
In plain language, Regulation 3 establishes the legal basis for charging fees. The Schedule is therefore central: it identifies the fee items and the “corresponding matters” to which each fee relates. Even though the extract provided does not reproduce the Schedule’s fee table, the structure indicates that the Schedule likely breaks down fees by event or stage in the border enforcement process (for example, fees associated with detention, handling, or other administrative steps involving seized goods).
4. The Schedule as the practical “price list”
The Schedule contains the actual fee amounts and the categories of matters to which they attach. From a practitioner’s perspective, the Schedule is where the legal obligation becomes quantifiable. When advising a rights holder (or any party potentially subject to costs), counsel must consult the Schedule to determine:
- what fee is triggered by a particular border enforcement step;
- whether fees are one-off or recurring (depending on the matter described);
- the timing of payment (if specified in the Schedule or linked to the enforcement process); and
- the party responsible for payment (Regulation 3 indicates payment is to the Director‑General, but the identity of the payer is typically determined by the Copyright Act’s border enforcement provisions).
Because Regulation 3 is framed as “fees specified in the Schedule are payable… in respect of the corresponding matters set out in that Schedule,” the Schedule must be read as an integral part of the Regulations. In litigation or administrative disputes, the Schedule will be the primary document for determining whether a particular fee was correctly assessed.
How Is This Legislation Structured?
The Fees Regulations are concise and structured in a typical subsidiary-legislation format:
- Regulation 1 (Citation): identifies the instrument.
- Regulation 2 (Definitions): imports defined terms from the Copyright Act 2021, ensuring consistent interpretation.
- Regulation 3 (Fees): sets the general rule that the Schedule’s fees are payable to the Director‑General for the corresponding matters.
- Schedule: provides the detailed fee amounts and categories.
Notably, the extract indicates there are no additional Parts or complex procedural provisions within the Fees Regulations themselves. Instead, the procedural “how” of border enforcement is expected to be found in the Copyright Act 2021, while the Fees Regulations provide the “how much” and “to whom” for the relevant administrative costs.
Who Does This Legislation Apply To?
The Fees Regulations apply in the context of copyright border enforcement measures under the Copyright Act 2021. While the Regulations themselves focus on payment of fees to the Director‑General, the practical effect is that they become relevant to parties involved in border enforcement proceedings—most commonly rights holders (or their authorised representatives) who initiate or benefit from enforcement actions.
In terms of persons and roles, the Regulations reference key statutory actors through Regulation 2. “Customs officer” and “seized goods” are defined by the Act, indicating that the fee regime is tied to customs handling and the status of goods that are seized or detained under the border enforcement framework. The “Director‑General” is the receiving authority for the fees, linking the Regulations to the administrative function of the relevant government department.
Why Is This Legislation Important?
Although the Fees Regulations are short, they are highly consequential for rights holders and practitioners because border enforcement is often time-sensitive and resource-intensive. Any fee regime affects the cost-benefit analysis of pursuing enforcement at the border. In practice, counsel advising on whether to file for border measures must consider not only the likelihood of success but also the financial exposure created by the fee schedule.
From an enforcement administration standpoint, the Regulations support the sustainability of border enforcement operations by ensuring that certain costs are recovered by charging fees payable to the Director‑General. This can include costs associated with processing, handling, and administrative steps connected to seized goods. For rights holders, this means that the legal right to seek border action is paired with a structured cost mechanism.
For dispute resolution and compliance, the Regulations also provide a clear legal basis for fee assessment. If a party challenges a fee demand, the key questions will likely be: (i) whether the matter falls within a category described in the Schedule; (ii) whether the relevant goods qualify as “seized goods” under the Act; and (iii) whether the fee was payable to the Director‑General under Regulation 3. Because Regulation 2 ties definitions to the Copyright Act, interpretive disputes will often turn on the Act’s definitions and the factual circumstances of the goods and enforcement steps.
Related Legislation
- Copyright Act 2021 (including section 329 for definitions and section 368 as the authorising provision for these Regulations)
- Copyright (Border Enforcement Measures) framework under the Copyright Act 2021 (the substantive provisions governing customs-related enforcement measures, which the Fees Regulations complement)
Source Documents
This article provides an overview of the Copyright (Border Enforcement Measures Fees) Regulations 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.