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SALES TAX (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
DAIRY PRODUCE (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
TRADE MARKS BILL 1994
PATENTS (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
CUSTOMS TARIFF (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
CUSTOMS TARIFF (ANTI-DUMPING) (WORLD TRADE ORGANIZATION AMENDMENTS) BILL
1994
CUSTOMS LEGISLATION (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994
COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994

Order of the day read for the further consideration of the bills in

committee of the whole.

In the committee

COPYRIGHT (WORLD TRADE ORGANIZATION AMENDMENTS) BILL 1994--

Consideration resumed of the bill--and of the amendment moved by Senator

Margetts:

Clause 3, page 3, at end of proposed section 30A, add the following

subsections:

" "(5) To avoid doubt it is declared that a lending arrangement in a

public lending library or an educational institution is not to be

regarded as a commercial rental arrangement for the purposes of

subsection (1) or (2).

"(6) It is not the intention of the Parliament that a non-conditional

used good resale arrangement in respect of a copy of a sound recording

or computer program should be regarded as a commercial rental

arrangement for the purposes of subsection (1) or (2).

"(7) An arrangement is to be regarded as a non-conditional used good

resale arrangement if:

(a) it provides for the sale of a used good by a person to another

person with no requirement or expectation for repurchase of the

good by the second person; or

(b) it provides for the sale of a used good to or by a person in the

ordinary course of a business whose primary purpose is the

purchase and resale of used goods with no requirement or

expectation for the repurchase of those goods.".

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 8

Bell Bourne (Teller) Chamarette Kernot Lees Margetts Spindler Woodley

NOES, 45

Abetz Baume Beahan Boswell Burns Calvert Chapman Childs Coates Colston Cooney Crichton-Browne Denman Devereux Evans, Christopher Ferguson Foreman Forshaw Gibson Herron Jones Kemp Loosley Macdonald, Sandy MacGibbon McGauran McKiernan Minchin Murphy Neal Newman O'Chee (Teller) Parer Patterson Reid Sherry Short Tambling Tierney Troeth Vanstone Watson West Woods Zakharov

Question negatived.

Senator Spindler moved the following amendments together by leave:

Clause 4, page 4, paragraph (b), proposed subsection 31(4), lines 1 to

4, omit the subsection.

Clause 4, page 4, paragraph (b), after proposed subsection 31(7), add

the following subsections:

" "(8) Paragraph (1)(d), in so far as it applies to a copy of a

computer program that is a video game cartridge (a "video game

cartridge"),does not extend to entry into a commercial rental

arrangement in respect of such a video game cartridge if:

(a) the commercial rental arrangement is entered into in the course

of a business conducted by a person who has purchased the video

game cartridge ("the rental video game owner"); and

(b) when the video game cartridge is purchased:

(i) the rental video game owner pays the vendor an amount equal

to the royalty payable by the vendor under subsection (9);

and

(ii) at the time of the sale, the vendor places an adhesive

label on the video game cartridge in the prescribed form

stating that the copy is authorised for rental in

accordance with this section.

"(9) A royalty of 10% of the purchase price, or such higher percentage

as is prescribed, is payable to the copyright owner by the vendor, in

accordance with a scheme to be prescribed by regulations, for each

video game cartridge sold to a rental video game owner.".

Debate ensued.

Question--That the amendments be agreed to--put.

The committee divided--

AYES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

NOES, 44

Abetz Baume Bolkus Boswell Brownhill Burns Calvert Chapman Childs Coates Colston Cooney Denman Devereux Evans, Christopher Ferguson Foreman Forshaw Gibson Herron Hill Jones Kemp Knowles Loosley Macdonald, Sandy MacGibbon McGauran McKiernan Minchin Murphy Neal O'Chee (Teller) Panizza Parer Patterson Reynolds Sherry Tambling Troeth Vanstone Watson West Zakharov

Question negatived.

Senator Margetts moved the following amendments together by leave:

Clause 4, page 4, paragraph (b), proposed paragraph 31(6)(c), omit the

paragraph, substitute the following paragraph:

"(c) there are no arrangements available to all applicants on an

equal basis for payment of a reasonable fee or royalty by a

person ("the record owner') to the owner of the copyright for

the right to engage in commercial rental arrangements.".

Clause 4, page 4, paragraph (b), proposed paragraph 31(7)(c), omit the

paragraph, substitute the following paragraph:

"(c) there are no arrangements available to all applicants on an

equal basis for payment of a reasonable fee or royalty by a

person ("the program owner') to the owner of the copyright for

the right to engage in commercial rental arrangements.".

Clause 5, page 5, proposed paragraph 85(2)(c), omit the paragraph,

substitute the following paragraph:

"(c) there are no arrangements available to all applicants on an

equal basis for payment of a reasonable fee or royalty by a

person ("the record owner') to the owner of the copyright for

the right to engage in commercial rental arrangements.".

Clause 4, page 4, paragraph (b), proposed paragraph 31(6)(a), lines 11

to 13, omit all words after "("the record owner')", substitute "; and".

Clause 4, page 4, paragraph (b), proposed paragraph 31(7)(a), lines 24

to 26, omit all words after "("the program owner')", substitute "; and".

Clause 4, page 4, proposed paragraph 85(2)(a), lines 2 and 3, omit all

words after "("the record owner')", substitute "; and".

Debate ensued.

Question--That the amendments be agreed to--put and negatived. Senators

Margetts, Chamarette, Harradine, Bell, Bourne, Kernot, Lees, Spindler

and Woodley, by leave, recorded their votes for the Ayes.

Senator Margetts moved the following amendments together by leave:

Clause 4, page 4, paragraph (b), proposed paragraph 31(6)(c), lines 17

to 20, omit the paragraph.

Clause 4, page 4, paragraph (b), proposed paragraph 31(7)(c), lines 30

to 33, omit the paragraph.

Clause 5, page 5, proposed paragraph 85(2)(c), lines 6 to 9, omit the

paragraph.

Debate ensued.

Question--That the amendments be agreed to--put and negatived. Senators

Margetts, Chamarette, Harradine, Bell, Bourne, Kernot, Lees, Spindler

and Woodley, by leave, recorded their votes for the Ayes.

Senator Margetts moved the following amendment:

Clause 8, page 7, paragraph (e), after proposed subsection 135(10), add

the following subsections:

" "(11) This section does not apply to the importation into Australia

of copyright material purchased in or from another country by a person

for his or her private use.

"(12) In subsection (11), "private use" does not include any

commercial use or application.".

Debate ensued.

Question--That the amendment be agreed to--put and negatived. Senators

Margetts, Chamarette, Harradine, Bell, Bourne, Kernot, Lees, Spindler

and Woodley, by leave, recorded their votes for the Ayes.

Senator Margetts moved the following amendment:

After clause 9, page 11, insert the following clause:

Application to the Tribunal

"9A. The Principal Act is amended by inserting the following sections

after section 158:

Application to the Tribunal

"158A.(1) Subject to this section, an application may be made to the

Copyright Tribunal for an order determining, or making provision for

determining, the amount of royalty which should be payable by the

corporate copyright holder or exclusive licence holder of a work or

adaptation of a work to the creator or co-creators of a work during a

period specified in the application.

"(2) Any person, as a creator or co-creator of a work, may bring

proceedings in the Copyright Tribunal against any corporate copyright

holder or exclusive licence holder, and ask for an order of relief to

ensure that those with reasonable claims as creators or co-creators of

the work in question will receive a reasonable benefit as a portion of

profit from the work of the adaptation of a work.

"(3) The parties to an application under this section are:

(a) the creator or co-creator or their agent; and

(b) the corporate copyright holder or the exclusive licence holder.

"158B.(1) Subject to this section, an application may be made to the

Copyright Tribunal by a person representing the public for an order

determining, or making provision for determining, a reasonable level

of return which should be payable by the corporate copyright holder or

exclusive licence holder in respect of a copyright.

"(2) Any person, or the Prices Surveillance Authority, may bring

proceedings in the Copyright Tribunal against a corporate copyright

holder or exclusive licence holder for an order of relief on the

grounds that the price, royalty level, or rental premium which is set

by a corporate copyright or exclusive licence holder is not equal to a

reasonable level of return.

"(3) The parties to an application in relation to which this section

applies are:

(a) the complainant or their agent; and

(b) the corporate copyright holder or the exclusive licence holder.

"158C. It is not the intention of the Parliament through the operation

of section 158A or 158B to restrict the powers of creators to control

their own works and the price they set upon them.

Interpretation

"158D. In sections 158A, 158B and 158C:

"corporate copyright holder or exclusive licence holder' means a

corporation whose primary business is the production and marketing under

copyright of artistic or commercial works of creators where the creators

do not directly hold copyright;

"creator' includes co-creators and means those persons, including

artists, actors, writers, musicians, singers, artistic directors,

songwriters, conductors, poets, scholars, or programmers:

(a) whose individual work is intrinsic to the generation of a unique

work, and who exercise control of an essential creative aspect

of that work; or

(b) who as an ensemble, including a dance or acting company, band,

or orchestra, hold the essential qualities of an individual

creator;

"reasonable level of return' means the reasonable profit after deduction

of legitimate production, marketing and promotion costs, and the costs

of any royalties paid to artists and creators involved.".

Debate ensued.

Question--That the amendment be agreed to--put and negatived. Senators

Margetts, Chamarette, Harradine, Bell, Bourne, Kernot, Lees, Spindler

and Woodley, by leave, recorded their votes for the Ayes.

Question--That the bill be agreed to--put.

The committee divided--

AYES, 33

Abetz Baume Boswell Brownhill Burns Childs Coates Colston Cooney Crichton-Browne Crowley Denman Devereux Evans, Christopher Ferguson Foreman (Teller) Forshaw Jones Kemp Macdonald, Sandy MacGibbon McGauran McKiernan Murphy Neal Panizza Patterson Reynolds Sherry Troeth Watson West Zakharov

NOES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

Question agreed to.

Bills to be reported without amendment.

The Deputy President (Senator Crichton-Browne) resumed the Chair and the

Temporary Chairman of Committees (Senator Colston) reported accordingly.

The Minister for Family Services (Senator Crowley) moved--That the

report from the committee be adopted.

Question put.

The Senate divided--

AYES, 39

Senators-- Abetz Baume Boswell Brownhill Burns Calvert Childs Coates Colston Cooney Crichton-Browne Crowley Denman Devereux Evans, Christopher Ferguson Foreman (Teller) Forshaw Jones Kemp Knowles Loosley Macdonald, Sandy MacGibbon McGauran McKiernan Murphy Neal Newman Panizza Patterson Reynolds Sherry Tambling Teague Troeth Watson West Zakharov

NOES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

Question agreed to.

Senator Crowley moved--That these bills be now read a third time.

Question put.

The Senate divided--

AYES, 40

Abetz Baume Beahan Boswell Brownhill Burns Calvert Childs Coates Colston Cooney Crichton-Browne Crowley Denman Devereux Evans, Christopher Ferguson Foreman (Teller) Forshaw Jones Kemp Knowles Loosley Macdonald, Sandy MacGibbon McGauran McKiernan Murphy Neal Newman Panizza Patterson Reynolds Sherry Tambling Teague Troeth Watson West Zakharov

NOES, 9

Bell Bourne (Teller) Chamarette Harradine Kernot Lees Margetts Spindler Woodley

Question agreed to.

Bills read a third time.