Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Thursday, 17 August 2000
Page: 16593


Senator ALSTON (Minister for Communications, Information Technology and the Arts) (12:31 PM) —I table a supplementary explanatory memorandum relating to the government's amendments to be moved to this bill. The memorandum was circulated in the chamber on 16 August. I seek leave to move amendments (1) to (19) together.

Leave granted.


Senator ALSTON —I move:

(1) Schedule 1, item 98, page 29 (line 9), before “licensee”, insert “exclusive”.

(2) Schedule 1, item 98, page 31 (line 9), before “licensee”, insert “exclusive”.

(3) Schedule 1, item 98, page 32 (line 14), before “licensee”, insert “exclusive”.

(4) Schedule 1, item 98, page 32 (line 19), before “licensee”, insert “exclusive”.

(5) Schedule 1, item 98, page 32 (line 31), before “licensee”, insert “exclusive”.

(6) Schedule 1, item 98, page 33 (line 9), before “licensee”, insert “exclusive”.

(7) Schedule 1, item 98, page 33 (line 14), before “licensee”, insert “exclusive”.

(8) Schedule 1, item 100, page 34 (line 33), before “licensee”, insert “exclusive”.

(9) Schedule 1, item 100, page 35 (line 9), before “licensee”, insert “exclusive”.

(10) Schedule 1, item 100, page 35 (line 14), before “licensee”, insert “exclusive”.

(11) Schedule 1, item 100, page 36 (line 27), before “licensee”, insert “exclusive”.

(12) Schedule 1, item 101A, page 38 (after line 10), insert:

(10) In the definition of infringing copy in subsection 10(1) as that definition has effect for the purposes of this section, the expression “article” has the meaning given by subsection (9) of this section.

(13) Schedule 1, item 111, page 47 (line 13), omit “broadcasts”, substitute “copies”.

(14) Schedule 1, item 112, page 47 (line 25), after “such”, insert “a copy of ”.

(15) Schedule 1, item 112A, page 47 (line 32), after “body, of”, insert “a copy of”.

(16) Schedule 1, item 114, page 49 (line 6), omit “broadcasts”, substitute “copies”.

(17) Schedule 1, item 114A, page 49 (line 15), omit “broadcasts”, substitute “copies”.

(18) Schedule 1, item 114D, page 50 (line 14), omit “broadcasts”, substitute “copies”.

(19) Schedule 1, item 115AB, page 51 (line 1), omit “broadcasts”, substitute “copies”.

These amendments tighten the drafting of the enforcement measures in the bill and make changes so that references to copies of broadcast in part VA, Statutory Licence, are consistent. Amendments (1) to (11) tighten the requirements for permission and standing in relation to the enforcement measures. They are designed to strengthen the new enforcement regime by preventing persons who have little or no commercial interest in the protection of copyright material from granting permission to undertake proscribed activities such as manufacturing and supplying circumvention devices and altering electronic rights management information. The changes implement the government's policy to provide copyright owners with effective tools to combat online piracy by limiting those who may grant such permission to exclusive licensees or owners of copyright material. Licensees such as individual software consumers will not be able to grant such permission. It is also unnecessary for individual licensees to have standing to bring actions in relation to circumvention devices, services and right to management information. Accordingly, the amendments limit standing to copyright owners and exclusive licensees so that they have a clear commercial interest in protecting the relevant material. These amendments do not affect the provisions governing the supply of circumvention devices and services for permitted purposes relating to access by libraries, schools, universities and others.

Amendment (12) is a technical amendment to clarify that the offences in section 132 of the act relating to `infringing copies' include copies in the electronic form. The amendment ensures the efficacy of criminal provisions in the online environment. Amendments (13) to (19) are also technical amendments. They are designed to provide consistency in terminology within the educational statutory licence for the communication of copies of broadcasts. All references have been changed to the communication of a `copy' of a broadcast rather than to the communication of a broadcast.