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Thursday, 12 August 2004
Page: 26420


Senator LUNDY (9:52 PM) —I have another question in relation to item 154. The issue is a clarification. I will read the explanatory memorandum in relation to item 154 `Offence relating to significant infringement of copyright'. It states:

The offence is intended to implement the obligation under the Agreement that criminal procedures and remedies apply to a person who has committed significant wilful infringement of copyright on a commercial scale who may be acting with no direct or indirect motivation of financial gain. This enables the offence to impose criminal liability on a person acting with no direct or indirect motivation of financial gain in certain circumstances.

Minister, can you tell the chamber what those certain circumstances are, and is this provision designed to capture and create a new criminal offence relating to peer-to-peer or file sharing on the Internet?