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Thursday, 4 May 1989
Page: 1837

Senator PUPLICK(8.09) —I wish to support the remarks which my colleague, Senator Hill has made in this regard. Rather than simply focusing on the global aspect which perhaps the Minister has been concerned with, I wish to draw attention to the submission, not only of the Australian Record Industry Association Ltd, but also of the Federation of Australian and Commercial Television Stations (FACTS). In its submission to the Opposition on this matter it made the point that in 1983 it had made a submission to the Copyright Law Review Committee on performers' protection, drawing attention to the difficulties in application of authorisation requirements to parades or events which actually require audience participation. It cited two particular examples, both drawn from Sydney: the Carols by Candlelight celebration and the Gay Mardi Gras Parade. In these events, groups of people present what FACTS in its submission described as `visual spectacles' that are occasionally choreographed and rehearsed, and could therefore fall within the definition of a performance.

Senator Tate —Of course, spectacles are visual spectacles; otherwise you would not wear them!

Senator PUPLICK —I see the Minister has had the benefit of the dinner break and is back with us firing on all cylinders. The intention of the legislation obviously is not to require the broadcasters to get authority from all the participants in such a public event, but perhaps the Minister would care to address the specifics of a performance in which a large group of people who are participants in an audience or parade put on some form of tableau or performance which may have been choreographed, specifically rehearsed, specifically written and created-including music, dance and performance-for a particular event as part of a group within the overall performance of a parade or a Carols by Candelight or similar type of undertaking or activity. That is clearly a performance. It may well have been specifically created, rehearsed, written and performed for that particular event. It is clearly a performance, but it is clearly not intended that this should have been covered in the legislation. The amendment which Senator Hill has proposed simply makes that abundantly clear.