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Thursday, 4 May 1989
Page: 1778

Senator TATE (Minister for Justice)(12.42) —The body we are talking about, the Copyright Tribunal, is a specialist body. It is very competent in this field and has the expertise. It can take evidence and it can find, for example, in New England that most of the material being sent out to students-let us say 85 per cent of it-is the sort of material that an internal student sitting in the library would have access to under a fair dealing provision. If it had made that determination then it could set an appropriate royalty rate for the institution to pay.

Senator Hill —Surely it is reasonable to assume that all the material would be available to the student who had access to the library?

Senator TATE —I have made that concession. It may turn out that that is the case, but I think it gives greater certainty and assurance anyway to the copyright owners that their interests are not going to be somehow overridden by the Parliament without the sort of expertise that could be brought to bear by a copyright tribunal looking at the actual situation institution by institution.