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Notice given 10 October 2012

2379  Senator Ludlam: To ask the Minister representing the Attorney-General—In regard to amendments to the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 that improve mechanisms for trade mark and copyright enforcement (Schedule 5):

(1) Can examples be provided of situations in which the Australian Customs and Border Protection Service has needed more personal information to pass onto companies or individuals alleging infringement of their copyright about those alleged to have imported infringing goods (section 135AC(8)(a)) .

(2) Can a description be provided of the kinds of personal information which the Australian Customs and Border Protection Service envisages collecting.

(3) Can an outline be provided of the safeguards for persons or companies whose personal information is being divulged to the complainant.

(4) Is there is a requirement that the alleged copyright infringer be made aware that personal information is being disclosed.

(5) Do those filing a notice with the Australian Customs and Border Protection Service asking for the seizure of goods have to prove to that organisation that the goods are infringing copyright before customs will intervene.

(6) Can personal information be passed on to a complainant without proof of infringement of copyright.

(7) Would recent amendments to the Copyright Act 1968 and the inclusion of ‘personal information’ make permissible the kinds of surveillance conducted in New Zealand in the Megaupload case.