Copyright Amendment (Online Infringement) Bill 2018

Type: Government
Portfolio: Communications and the Arts
Originating house: House of Representatives
Status: Act
Parliament no: 45

Summary

Amends the Copyright Act 1968 to amend the scope of the online copyright infringement scheme by: amending the threshold for capturing overseas online locations to those with the primary purpose or effect of infringing copyright; including a rebuttable presumption that the online location is outside Australia, to reduce the evidentiary burden on copyright owners; enabling copyright owners to seek injunctions requiring online search engine providers to take such steps as the Federal Court considers reasonable so as not to provide search results that refer users to online locations blocked under the scheme; clarifying that the Federal Court may make blocking orders which follow copyright infringing activity where operators of an overseas online location attempt to avoid the application of an injunction by creating new pathways to online locations; and enabling the minister to declare that particular online search engine providers be exempt from the scheme.

Progress

House of Representatives
Introduced and read a first time	18 Oct 2018
Second reading moved	18 Oct 2018
Second reading debate	24 Oct 2018
Second reading agreed to	24 Oct 2018
Third reading agreed to	24 Oct 2018

Senate
Introduced and read a first time	12 Nov 2018
Second reading moved	12 Nov 2018
Second reading debate	28 Nov 2018
Second reading agreed to	28 Nov 2018
Third reading agreed to	28 Nov 2018


Finally passed both Houses	28 Nov 2018
Assent Act no: 157 Year: 2018	10 Dec 2018

Documents and transcripts

Text of bill

First reading

As passed by both Houses

Explanatory memoranda

Explanatory memorandum

Transcript of speeches

Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Bills digest

Bills Digest

Notes

Referred to Committee (13/11/2018): Senate Environment and Communications Legislation Committee; Committee report (26/11/2018)
Considered by scrutiny committee (14/11/2018): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 14 of 2018
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)

Helpful information

Text of bill

First reading: Text of the bill as introduced into the Parliament
Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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