Senate debates

Monday, 22 June 2015

Bills

Copyright Amendment (Online Infringement) Bill 2015; In Committee

1:41 pm

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | Hansard source

Yes.

The TEMPORARY CHAIRMAN: This is just the first matter. Have you moved it?

Yes, I am happy to move it and I am hoping to get a read from somebody else. I move:

(1) Schedule 1, page 3 (before line 4), before item 1, insert:

1A At the end of Part III

  Add:

Division 10—Geoblocking avoidance facilities

83A Geoblocking avoidance facilities

     In this Division:

geoblocking avoidance facility means a device, product, technology or component (including a computer program) that is used in Australia to control, disguise or block the geographical location of a person or device.For the purposes of this definition, computer program has the same meaning as in section 47AB.

83B Provision, offer or use of geoblocking avoidance facility does not constitute infringement

(1) If a person either:

  (a) provides a geoblocking avoidance facility to another person; or

  (b) offers a geoblocking avoidance facility to the public;

then, despite any other provision of this Act, the person does not infringe any copyright under this Part merely by providing or offering the geoblocking avoidance facility.

(2) Despite any other provision of this Act, a person does not infringe any copyright under this Part merely by using a geoblocking avoidance facility.

1B After Division 6 of Part IV

  Insert:

Division 6A—Geoblocking avoidance facilities

112F Geoblocking avoidance facilities

     In this Division:

  geoblocking avoidance facility means a device, product, technology or component (including a computer program) that is used in Australia to control, disguise or block the geographical location of a person or device.For the purposes of this definition, computer program has the same meaning as in section 47AB.

112G Provision, offer or use of geoblocking avoidance facility does not constitute infringement

(1) If a person either:

  (a) provides a geoblocking avoidance facility to another person; or

  (b) offers a geoblocking avoidance facility to the public;

then, despite any other provision of this Act, the person does not infringe any copyright under this Part merely by providing or offering the geoblocking avoidance facility.

(2) Despite any other provision of this Act, a person does not infringe any copyright under this Part merely by using a geoblocking avoidance facility.

The TEMPORARY CHAIRMAN: Senator Collins?

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