Division
Jacinta Collins Labor will support the Copyright Amendment (Online Infringement) Bill 2015 after closely considering it in the Senate Legal and Constitutional Affairs Committee. The bill makes a modest contribution to the suite of measures required to deal with Australia's online copyright piracy problem. The bill implements a site-blocking process under which rights holders can seek a Federal Court injunction requiring ISPs to block overseas websites that have the primary purpose of infringing copyright or facilitating the infringement of copyright. As this test indicates, the bill is directed—as my colleague the shadow Attorney-General said in the other place—at the worst of the worst. It is intended to give rights holders a remedy against a category of websites which deliberately and flagrantly flout copyright laws and operate as havens for pirate activity. A blocking mechanism is necessary because these websites are hosted overseas; were they hosted within Australia, they would be able to be dealt with by the ordinary remedies of the copyright law. In deciding whether to make an order under this bill, the court will take account of a range of factors including: the flagrancy of the infringement, or the facilitation of infringement, by a site; whether the site shows a disregard for copyright generally; and whether the website contains a directory or index of ways to infringe copyright. On the other hand, the court will consider whether other remedies under the copyright law are available. Importantly, the court will consider the impact of a site-blocking order on any other persons or class of persons and whether making such an order would be a proportionate response in the circumstances. As I said, Labor considered this bill closely in the Legal and Constitutional Affairs Committee. While Labor supports measures which will discourage or disrupt piracy, the power to block websites is clearly to be exercised with great caution, and we wanted to ensure that the powe
Senate, 2015-06-22. negative: ayes 12, noes 36.
Question
Jacinta Collins Labor will support the Copyright Amendment (Online Infringement) Bill 2015 after closely considering it in the Senate Legal and Constitutional Affairs Committee. The bill makes a modest contribution to the suite of measures required to deal with Australia's online copyright piracy problem. The bill implements a site-blocking process under which rights holders can seek a Federal Court injunction requiring ISPs to block overseas websites that have the primary purpose of infringing copyright or facilitating the infringement of copyright. As this test indicates, the bill is directed—as my colleague the shadow Attorney-General said in the other place—at the worst of the worst. It is intended to give rights holders a remedy against a category of websites which deliberately and flagrantly flout copyright laws and operate as havens for pirate activity. A blocking mechanism is necessary because these websites are hosted overseas; were they hosted within Australia, they would be able to be dealt with by the ordinary remedies of the copyright law. In deciding whether to make an order under this bill, the court will take account of a range of factors including: the flagrancy of the infringement, or the facilitation of infringement, by a site; whether the site shows a disregard for copyright generally; and whether the website contains a directory or index of ways to infringe copyright. On the other hand, the court will consider whether other remedies under the copyright law are available. Importantly, the court will consider the impact of a site-blocking order on any other persons or class of persons and whether making such an order would be a proportionate response in the circumstances. As I said, Labor considered this bill closely in the Legal and Constitutional Affairs Committee. While Labor supports measures which will discourage or disrupt piracy, the power to block websites is clearly to be exercised with great caution, and we wanted to ensure that the powe
How each member voted
Per-member votes are not present in this static export. Consult the original division record.
Related bills
Only formal divisions leave a per-member record. A procedural vote is not necessarily a vote for or against a bill.