Division Description Changes — Copyright Amendment Bill 2006 — In Committee — 30th Nov 2006

Change	Division
senate vote 2006-11-30#7 Edited by mackay staff on 2016-06-23 15:25:10	Title ~~Copyright Amendment Bill 2006 — In Committee~~ Copyright Amendment Bill 2006 - In Committee - Cap on licence fees Description ~~<p pwmotiontext="moved">That the amendments (<b>Senator Bartlett’s</b>) be agreed to.</p>~~ <p pwmotiontext="moved">That the amendments (<b>Senator Lundy’s</b>) be agreed to.</p> The majority voted against an [amendment](http://www.openaustralia.org.au/senate/?gid=2006-11-30.145.1) introduced by Australian Democrats Senator [Andrew Bartlett](https://theyvoteforyou.org.au/people/senate/queensland/andrew_bartlett). ### What was the amendment about? The amendment would have removed "the one per cent cap on licence fees involving the broadcast of sound recordings" for all radio stations except those that hold a community radio broadcasting licence (read Senator Bartlett's [explanation](http://www.openaustralia.org.au/senate/?gid=2006-11-30.145.1) for more information). ### Wording of the amendment > (1) Schedule 1, page 37 (after line 12), after item 12, insert: >> 12A [Subsection 152](http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s152.html)(1) (after the definition of broadcasting) >> Insert: >>> community radio broadcasting licence means a community broadcasting licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 that authorises the holder of the licence to broadcast radio programs. > (2) Schedule 1, page 37 (after line 12), after item 12, insert: >> 12B [Subsection 152](http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s152.html)(8) >> Repeal the subsection, substitute: >>> (8) The Tribunal must not make an order that would require a broadcaster who is the holder of a community radio broadcasting licence to pay, in respect of the broadcasting of published sound recordings during the period covered by the order, an amount exceeding 1% of the amount determined by the Tribunal to be the gross earnings of the broadcaster during the period equal to the period covered by the order that ended on the last 30 June that occurred before the period covered by the order. > (3) Schedule 1, page 37 (after line 12), after item 12, insert: >> 12C [Subsection 152](http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s152.html)(9) >> Repeal the subsection, substitute: >>> (9) If a broadcaster that is the holder of a licence referred to in subsection (8) has, with the permission of the Australian Broadcasting Authority, adopted an accounting period ending on a day other than 30 June, the reference in subsection (8) to 30 June is, in relation to the broadcaster, a reference to that other day.

~~That the amendments (Senator Bartlett’s) be agreed to.~~
That the amendments (Senator Lundy’s) be agreed to.
The majority voted against an [amendment](http://www.openaustralia.org.au/senate/?gid=2006-11-30.145.1) introduced by Australian Democrats Senator [Andrew Bartlett](https://theyvoteforyou.org.au/people/senate/queensland/andrew_bartlett).
### What was the amendment about?
The amendment would have removed "*the one per cent cap on licence fees involving the broadcast of sound recordings*" for all radio stations except those that hold a community radio broadcasting licence (read Senator Bartlett's [explanation](http://www.openaustralia.org.au/senate/?gid=2006-11-30.145.1) for more information).
### Wording of the amendment
> *(1) Schedule 1, page 37 (after line 12), after item 12, insert:*
>> *12A [Subsection 152](http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s152.html)(1) (after the definition of broadcasting)*
>> *Insert:*
>>> **community radio broadcasting licence** *means a community broadcasting licence allocated by the Australian Broadcasting Authority under the Broadcasting Services Act 1992 that authorises the holder of the licence to broadcast radio programs.*
> *(2) Schedule 1, page 37 (after line 12), after item 12, insert:*
>> *12B [Subsection 152](http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s152.html)(8)*
>> *Repeal the subsection, substitute:*
>>> *(8) The Tribunal must not make an order that would require a broadcaster who is the holder of a community radio broadcasting licence to pay, in respect of the broadcasting of published sound recordings during the period covered by the order, an amount exceeding 1% of the amount determined by the Tribunal to be the gross earnings of the broadcaster during the period equal to the period covered by the order that ended on the last 30 June that occurred before the period covered by the order.*
> *(3) Schedule 1, page 37 (after line 12), after item 12, insert:*
>> *12C [Subsection 152](http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s152.html)(9)*
>> *Repeal the subsection, substitute:*
>>> *(9) If a broadcaster that is the holder of a licence referred to in subsection (8) has, with the permission of the Australian Broadcasting Authority, adopted an accounting period ending on a day other than 30 June, the reference in subsection (8) to 30 June is, in relation to the broadcaster, a reference to that other day.*