used in determining the amount of currency of the Government of Australia to be made available from time to time hereunder shall be determined in accordance with paragraph 3 of the Settlement Agreement of June 7, 1946.

The request of the Government of the United States of America that a deposit be made for the general purposes of the present agreement shall be accepted by the Government of Australia as sufficient basis on which to effect the deposit and shall not be subjected to the requirement of any detailed statements, estimates or justifications concerning the ultimate expenditure of the funds for specific programmes, which ultimate expenditure is for determination by the Foundation subject to the approval of the Secretary of State of the United States of America.

The Secretary of State of the United States of America will make available to the Foundation currency of the Government of Australia in such amounts as may be required by the Foundation but in no event in excess of the budgetary limitations established pursuant to Article 3 of the present agreement.

ARTICLE 12

Furniture, equipment, supplies, and any other articles intended for official use of the Foundation shall be exempt in the territory of Australia from customs duties, excises, surtaxes, and every other form of taxation.

All funds and other property used for the purposes of the Foundation, and all official acts of the Foundation within the scope of its purposes shall likewise be exempt from taxation of every kind in Australia.

ARTICLE 13

The Government of Australia shall exempt from Australian income taxes and social service contributions all grants by the Foundation from the funds specified in Article 11 of this agreement, unless and until the Government of the United States of America fails to grant similar exemptions to grants made by the Australian Government from its funds to recipients in the United States.

ARTICLE 14

Wherever, in the present agreement, the term "Secretary of State of the United States of America" is used, it shall be understood to mean the Secretary of State of the United States of America or any officer or employee of the Government of the United States of America designated by him to act in his behalf.

ARTICLE 15

The present agreement may be amended by the exchange of diplomatic notes between the Government of the United States of America and the Government of Australia.

ARTICLE 16

The Government of the United States of America and the Government of Australia shall make every effort to facilitate the programme authorized in this agreement and to resolve problems which may arise in the operation thereof.

ARTICLE 17

The present agreement shall come into force upon the date of signature.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present agreement. DONE at Canberra in duplicate, this twenty-sixth day of November, 1949. For the Government of the United States of America:

For the Government of Australia:

PETE JARMAN

H. EVATT

COPYRIGHT

Exchange of notes at Washington December 29, 1949, with Australian order-in-council and proclamation by the President of the United

I have the honour to inform you that the attention of the Australian Government has been invited to paragraph (b), section 9 of Title 17 of the United States Code, codified and enacted into positive law by the act of Congress approved July 30, 1947,' which provides for extending, on a reciprocal basis, the time for the fulfilment of the conditions and formalities prescribed by the copyright laws of the United States in the case of authors, copyright owners, or proprietors of works first produced or published abroad who are or may have been temporarily unable to comply with those conditions and formalities because of the disruption or suspension of the facilities essential for their compliance.

My Government has requested me to inform you that, by reason of the conditions arising out of World War II, Australian authors, copyright owners, and proprietors have lacked, during several years of the time since the outbreak of war between Australia and Germany on September 3, 1939, the facilities essential to compliance with and to the fulfilment of the conditions and formalities established by the laws of the United States of America relating to copyright.

It is the desire of the Australian Government that, in accordance with the procedure provided in the above-mentioned section 9 of Title 17 of the United

161 Stat. 652.

States Code, the time for fulfilling the conditions and formalities of the copyright laws of the United States of America be extended for the benefit of citizens of Australia whose works are eligible to copyright in the United States.

With a view to assuring the Government of the United States of America of reciprocal protection for authors, copyright owners, and proprietors of the United States, the Governor-General has made an Order, the text of which is annexed hereto, which will come into effect from the date on which the President of the United States of America shall proclaim, in accordance with the aforesaid Title 17 of the United States Code, that by reason of the disruption or suspension of facilities during several years of the time since September 3, 1939, citizens of Australia who are authors, copyright owners, or proprietors of works first produced or published outside the United States and subject to copyright, ad interim copyright, or renewal of copyright under the laws of the United States, have been temporarily unable to comply with the conditions and formalities prescribed with respect to such works by the copyright laws of the United States.

The Australian Government is prepared, if this proposal is acceptable to the Government of the United States of America, to regard the present note and Your Excellency's reply to the same effect as constituting an agreement between the two Governments, which shall take effect this day.

I have the honour to be, Sir,

Your most obedient servant,

NORMAN MAKIN

(Norman Makin)

Ambassador

Order-in-Council enclosed.

The Honourable

DEAN ACHESON,

Secretary of State for the United States of America,

WHEREAS by virtue of the Copyright Act 1912-1935 the Imperial Act

known as the Copyright Act, 1911 (in this Order referred to as "the Imperial Copyright Act") extends to the Commonwealth of Australia subject to such modifications and additions relating to procedure or remedies or necessary to adapt the Imperial Copyright Act to the circumstances of the Commonwealth of Australia as are set forth in the Copyright Act 1912–1935:

AND WHEREAS by reason of conditions arising out of the wars in which His Majesty is at present engaged difficulties have been experienced by citizens of the United States of America in complying with the requirements of the Imperial Copyright Act as to the first publication within the Commonwealth of Australia of their works first published in the United States of America during the present war:

AND WHEREAS the Governor-General has been advised that the Government of the United States of America has undertaken to grant such extension of time as may be deemed appropriate for the fulfilment of the conditions and formalities prescribed by the laws of the United States of America with respect to the works of citizens of Australia first produced or published outside the United States of America and subject to copyright or to renewal of copyright under the laws of the United States including works subject to ad interim copyright:

AND WHEREAS by reason of the said undertaking by the Government of the United States of America the Governor-General is satisfied that the said Government has made, or has undertaken to make, such provision as it is expedient to require for the protection of works first made or published, during the period commencing on the third day of September, One thousand nine hundred and thirty-nine, and ending one year after the termination of all the wars in which His Majesty is engaged at the commencement of this Order, within the Commonwealth of Australia and entitled to copyright under Part I. of the Imperial Copyright Act:

AND WHEREAS by the Imperial Copyright Act authority is conferred upon the Governor-General, acting with the advice of the Federal Executive Council, to extend, by Order, the application of the Imperial Copyright Act to certain classes of foreign works within the Commonwealth of Australia:

AND WHEREAS it is desirable to provide protection within the Commonwealth of Australia for literary or artistic works first published in the United States of America during the period commencing on the third day of September, One thousand nine hundred and thirty-nine, and ending one year after the termination of all the wars in which His Majesty is engaged at the commencement of this Order which have failed to accomplish the formalities prescribed by the Imperial Copyright Act by reason of conditions arising out of the wars in which His Majesty is engaged at the commencement of this Order:

Now THEREFORE I, William John McKell, the Governor-General aforesaid, acting with the advice of the Federal Executive Council, hereby order as follows: