Bill
Copyright Amendment (Online Infringement) Bill 2018
passed, as at 2018-12-10. Communications and the Arts portfolio.
- Sponsor
- Not recorded
- Portfolio
- Communications and the Arts
Recorded stages
- introduced — 2018-10-18
- second reading — 2018-10-18
- second reading — 2018-10-24
- second reading — 2018-10-24
- third reading — 2018-10-24
- introduced — 2018-11-12
- second reading — 2018-11-12
- second reading — 2018-11-28
- second reading — 2018-11-28
- third reading — 2018-11-28
- passed — 2018-11-28
- royal assent — 2018-12-10
Divisions
No divisions recorded. Most questions are decided on the voices; this does not establish that a bill was unopposed.
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2018-10-18.
The bill would expand the existing online copyright infringement scheme to help copyright holders block foreign websites that supply infringing material to Australians.
It would let the Federal Court order search engines to stop linking to blocked sites, and create a presumption that targeted sites are based overseas unless the site owner proves otherwise.
The bill would also let the minister exempt specific search engine providers or classes of them from the scheme through a legislative instrument.
- Expands the test for blocking an online location to include sites whose primary effect is to infringe copyright.
- Shifts the burden of proof to the site operator to show it is not located outside Australia.
- Allows copyright owners to seek court orders requiring search engines to remove links to blocked sites.
- Permits copyright owners and carriage service providers to agree on updating blocked domain names, URLs, and IP addresses after an injunction is granted.
- Permits copyright owners and search engine providers to agree on updating search result exclusions after an injunction is granted.
- Enables the minister to declare certain search engine providers exempt from the scheme.
Copyright owners, online location operators, carriage service providers, and search engine providers.
Sources
em
billhome
frl act