Part 6Remedies for infringement
Infringing file sharing
122FEnforcement notices
An IPAP must issue an enforcement notice in relation to a rights owner to an account holder if—
- the IPAP matches the account holder with an IP address at which an infringement is alleged by the rights owner to have occurred; and
- the infringement occurred at least 28 days after the date of a warning notice issued to the account holder in relation to the same rights owner, but before that warning notice expires.
An enforcement notice must be in the prescribed form (if a form is prescribed) and must—
- identify the rights owner; and
- identify the infringement that has triggered the issue of the enforcement notice; and
- identify the date of that alleged infringement; and
- identify the most recent warning notice issued to the account holder in relation to the rights owner, and the preceding detection notice; and
- identify any other alleged infringements against the rights owner that have occurred since the date of the preceding detection notice; and
- state the date of the enforcement notice; and
- explain that enforcement action may now be taken against the account holder; and
- explain that, unless the enforcement notice is cancelled, no further infringement notices may be issued in respect of infringements against the rights owner until the end of the quarantine period; and
- explain how the account holder may challenge the notice; and
- comply with any other requirements that may be prescribed in regulations.
An enforcement notice expires at the end of a period of 35 days beginning on the date of the enforcement notice.
On the date that an enforcement notice expires under subsection (3), the preceding detection notice and warning notice also expire.
On issuing an enforcement notice to an account holder, the IPAP must send a copy of the notice to the relevant rights owner, but must omit any information that discloses the name or contact details of the account holder.
Notes
- Section 122F: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).


