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Thursday, 4 May 1989
Page: 1850


Senator HILL(9.26) —by leave-I move:

(1) Page 5, clause 12, heading to proposed Part Va, line 31, leave out ``TELEVISION''.

(2) Pages 5 to 15, clause 12, proposed Part Va (other than proposed section 135B), line 33 (page 5) to line 20 (page 15), leave out ``television'' (wherever occurring).

(3) Page 5, clause 12, proposed section 135A, after the definition of ``, administering body'', insert the following new definition:

`` `broadcast' means a sound broadcast or a television broadcast;''.

(4) Page 6, clause 12, proposed section 135B, lines 21 to 27, leave out the proposed section, insert the following section:

Copies of broadcasts

``135B. In this Part:

(a) a reference to a copy of a broadcast is a reference to a record embodying a sound recording of the broadcast or a copy of a cinematograph film of the broadcast; and

(b) a reference to the making of a copy of a broadcast is a reference to the making of a copy of the whole or a part of the broadcast.''.

5. Page 6, clause 12, heading to proposed Division 2, line 39, leave out ``television''.

The argument has been put. I do not think that we need to waste further time of the Committee on that. The argument for radio broadcasts was convincingly put with due modesty earlier in the day. The only matter that I think should go on the record because I am just a little worried about it is that, as I understand it, this provision will not in any way limit the existing section 200 of the Act which, as the Minister points out, provides that educational material which is broadcast is exempted from the provisions of the Act. What we are providing here is a licensing regime for radio broadcasts that are copied by educational institutions for use for educational purposes which is in addition to the existing provisions that are included in section 200, not in substitution thereof. I understand that the Government advises that that is the correct interpretation and I certainly want that to be so. On that basis I do not wish to add anything further at this stage.