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Tuesday, 18 October 1983
Page: 1853


Mr LIONEL BOWEN (Minister for Trade)(6.13) —I move:

That the Bill be now read a second time.

This Bill is consequential upon the Archives Bill 1983. Its purpose is to provide for the Australian Archives to be the depository of certain material under the Copyright Act. The Bill will amend the Copyright Act 1968 to enable broadcasting and television organisations to deposit with the Australian Archives the so-called ephemeral records which the Director-General of the Australian Archives certifies as being of exceptional documentary character. The present provisions of the Copyright Act provide for deposit of these records with the National Library of Australia.

An ephemeral record is a record-whether videotape, cinematograph film or sound record-made by a radio or television broadcaster for the purposes of broadcasting a copyright work. The Copyright Act entitles a broadcaster, who has a licence to broadcast a copyright work, to make such a recording without further permission, so long as the record is either destroyed within twelve months, or such longer period as is agreed to, or delivered to the National Library for archival retention. The Berne Copyright Convention requires the destruction of such records unless they are preserved in official archives on the ground of their exceptional documentary character. Now that the Archives are to be established on a statutory basis, with rights of access to be defined, it is appropriate that the Archives, rather than the National Library, be entitled to receive this material, and that its Director-General be responsible for its certification as material of exceptional documentary character.

Particulars of all ephemeral records received by the Archives will be kept, under the provisions of the Archives Bill, in the Australian National Register of Records established by that Bill. Records received from government-funded broadcasters will be kept as appropriate in one of the repositories maintained by the Archives around Australia. With the consent of the National Librarian, records received from private broadcasters will be lodged by the Archives, under the provisions of the Archives Bill, with the National Library of Australia where they will be kept together with like material deposited by non-government bodies. I commend the Bill to the House.

Debate (on motion by Mr Hodgman) adjourned.