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Thursday, 4 May 1989
Page: 1834


Senator HILL(6.18) —I move:

Page 47, clause 26, proposed subsection 248a (1), proposed definition of `exempt recording', paragraph (f), lines 39 to 42 leave out the paragraph (f), insert the following new paragraph:

``(f) a direct or indirect sound recording or cinematograph film of a performance made:

(i) for the purpose of, or associated with, the reporting of news or current affairs; or

(ii) for the purpose of criticism or review;''.

This amendment relates to one of the definitions of exempt recording from the new performer's protection provisions which are to be inserted as part 11a of the legislation. As the provision stands in the Government's Bill-I refer to paragraph (f)-an `exempt recording' means:

A direct or indirect sound recording or cinematograph film of a short extract of a performance made solely for the purpose of reporting news by means of broadcasting or in cinematograph film, or for the purpose of criticism or review;

The scheme of that provision is clear. There is to be an exemption for direct or indirect recordings of news matters. It has been put by the industry that the definition of news might be too narrow for what we presume all parties are seeking to achieve. I understand that news can be defined in a particularly limited form, whereas we would have presumed that surrounding type information or information that might be communicated through what is commonly referred to as current affairs programs should be equally exempt. I think that is a good argument. I hope that that sigh is because the Minister is tired and it is not because he does not accept the argument. We have therefore brought forward this amendment which is to replace the wording of paragraph (f), which I have just read, with new wording which would provide that an exempt recording will be a direct or indirect sound recording or cinematograph film of a performance made for the purpose of, or associated with, the reporting of news or current affairs or for the purpose of criticism or review. In other words, I believe that what we are putting is in accordance with the scheme that the Government has promoted. It is slightly broadening the definition we think in a way that is constructive and will, therefore, better enable material to be communicated through current affairs programs without the risk of an action under the new performers protection provisions. I do not think I need to say any more on that. I commend the amendment to the Committee.