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Monday, 6 December 1999
Page: 12795


Mr KERR (1:12 PM) —Plainly, the most fundamental philosophical issue that was addressed has been the subject of substantial comment. I will draw attention to a few other specifics that have been addressed. There has been a tidying up of some of the issues in relation to education or statutory licences. The question of what were previously regarded as insubstantial parts of use was dealt with. Substantial attention was given to the issue of circumvention devices and a proposal that, whilst there is no complete prohibition on the use of those devices, there be a civil remedy for intentionally using a circumvention device for the purpose of infringing copyright in work.

There is a provision in relation to retransmission issues—again, providing a civil remedy for the use of commercial purposes decoding devices in order to receive encoded free-to-air broadcasts. There is a recommendation that the definition of licence in section 136 not include a licence to broadcast a sound recording, to enable the opportunity for developing online delivery systems by the record and recording industry to be established, but with a recommendation for a review after three years.

There is also that recommendation that, in relation to retransmission on pay TV, the statutory remuneration scheme include provision for payment to film directors amongst the class of underlying rights holders. Another recommendation is that the legislation when it comes in makes certain that any inconsistency between the bill and the Broadcasting Services Act 1992 is addressed in that environment so that the scheme can get up without any suggestion of inconsistency.

I commend and thank all members of the committee. It was a very tough time frame to work within. The processes involved in having roundtables certainly helped to illuminate the issues. The chair did a very substantial job, the deputy chair gave an intellectual tour de force through the exercise and all our colleagues worked very well in relation to this report. I defer to my colleague for a couple of minutes to conclude.