Explanatory note

This Supplementary Order Paper amends the Copyright (Infringing File Sharing) Amendment Bill in 3 ways.

The first amendment is to the commencement date, to postpone commencement until 1 September 2011. Amendments to new sections 122PB and 122Q are consequential upon this change.

The second amendment is to clarify the intention of new section 122MA, which was included on the recommendation of the Commerce Select Committee. The new section was intended to provide that, in proceedings against an account holder relating to infringement notices, the Copyright Tribunal is entitled to presume that the infringements have occurred as recorded in the notices, and that the notices were properly issued, unless or until the account holder gives evidence or reasons indicating otherwise. However, the wording of the section may have implied that the account holder had to actually disprove the presumptions. This is not what was intended. All that an account holder needs to do is submit evidence or give reasons why the presumptions do not apply. It is then up to the rights owner to satisfy the Copyright Tribunal that the presumptions do in fact apply.

The third amendment consequentially amends section 213(2) of the Copyright Act 1994. The Bill increases the number of members of the Copyright Tribunal from 3 to 5. This amendment changes the current requirement that all members of the Tribunal must be present at sittings to a requirement that at least 3 must be present.