Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Hansard source

With the Senate's indulgence, I will also take my comments to amendment No. 9 rather than addressing them separately. These amendments would provide special standing for third parties wanting to intervene in an application for an injunction under the bill or to apply for an injunction once made to be rescinded or varied. In its present form, the bill provides that parties to an application for a site blocking injunction will be the rights holders, ISPs and the operator of the website in question, should they choose to appear. The bill does nothing which would alter the usual rules of civil procedure which govern standing, interveners and amicus curiae. However, I note that the bill does, in proposed section 115A(8) contemplate that a person nominated by regulation would be given standing to apply for injunctions to be rescinded. The explanatory memorandum to the bill notes that this role might be filled, for example, by the chair of ACMA or of the ACCC. Labor is satisfied that this is the correct approach and we call on the government to make such an appointment as soon as possible.