192. Action for breach of duty
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Where a person commits a breach of a duty owed by him to another person by virtue of this Part, the breach shall not be enforceable by criminal proceedings but the other person may bring an action in respect of the breach.
action
“action” means a proceeding of a civil nature between parties, and includes a counterclaim.(2) In the application of this Part in relation to a counterclaim, references to the plaintiff and to the defendant shall be read as references to the defendant and to the plaintiff, respectively.[Aust. 1968, s. 114] In this Part,
The relief that a court may grant in an action under subsection (1) shall include an injunction (subject to such terms, if any, as the court thinks fit) and damages.
Where, in respect of an act done in relation to, or to a reproduction of, a work or an adaptation of a work or a recording of a performance after the death of the author of the work or the performer of the performance, damages are recovered under this section by the legal personal representative of the author or performer, those damages devolve as if they formed part of the estate of the author or performer and as if the right of action in respect of the doing of that act had subsisted, and had been vested in the author or performer, immediately before his death. [Aust. 1968-1973, s. 194]