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Thursday, 4 May 1989
Page: 1839


Senator MACKLIN(8.18) —Could the Minister indicate what paragraph (c) is meant to do with respect to what he said about the definition of a performance? I had assumed, possibly erroneously, that he was talking about a sporting activity, but the proposed amendment clearly refers to the performance of a sporting activity. I am a bit concerned that some of our celebrated dramatic works, which are performances of sporting activities, such as Australian Rules, may be caught up in this because the definition given of performance is clearly one of an artistic nature. I am not wanting to cast aspersions on our sporting heroes in Australia--


Senator Puplick —Ask him whether he thinks wrestling is a performance or a sport.


Senator MACKLIN —This is a problem. I suggest that those who engage in sporting activities that are televised are almost always professionals who are interested in having protection for the performance they are engaged in. They have to earn their living from it, which unfortunately is more than many of those people who act on the stage manage to do. I had assumed we were talking about sporting activities, but there is no reason for such a provision to be included in the legislation because sporting activities are, by definition, already excluded. Therefore, it is something else. I am now more concerned that a performance of a sporting activity could cover an activity such as Senator Puplick's good example of wrestling. Fairly obviously, that is a dramatic activity. It has nothing very much to do with wrestling, but an awful lot to do with earning a lot of money. Those people who engage in rock and roll wrestling have a good deal of money invested in being professionals in that particular-I am not sure what it is-activity, and I am sure would not be at all happy that those activities being televised would be excluded from their being able to assert rights over those performances.