Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

As I indicated earlier, I reserved my remarks on this one. This replaces proposed 40(5) in the bill with a new subsection and inserts new subsections 40(6), (7) and (8). This amendment is being made in response to recommendation 6 of the Senate committee and submissions by stakeholders. The new 40(5) makes the same change to existing section 40(3) as was intended by proposed section 40(5) in the bill. Many stakeholders, commenting on the proposed section 40(5) in the bill, expressed the understanding that it had a different effect from what was intended. Section 40(5) in the amendment has been drafted to express the original intention in a different and clearer way. It does so by incorporating a definition of ‘reasonable portion’ instead of referring to the definition in subsections 10(2) and (2A) and also indicates the works of which such amount may be reproduced.

It is also intended to make it clear that, as is the case under section 40 of the act now, reproduction of more than a reasonable portion of the works referred to in section 40(5) or of other works may still be considered a fair dealing for research or study under sections 40(1) and 40(2). The new subsections that are inserted by way of amendment are consequential on the redrafting of section 40(5). This is a matter which relates to fair dealing for research or study, and I commend the amendment to the Senate.