US forces FTA change to copyright
16 November 2004, Australian Financial Review, By Mark Davis
The federal government has bowed to pressure from the US to toughen Australian copyright law as part of the free-trade agreement between the two countries.
Cabinet decided yesterday to introduce a series of changes to the Copyright Act in the next sitting of parliament that begins today, reflecting US concerns that Canberra's original legislation to implement the FTA did not fully honour Australia's undertakings on the issue.
A spokeswoman for Attorney-General Philip Ruddock said yesterday the amending legislation included minor and technical provisions that did not fundamentally change the agreement with the US.
She said the amending legislation would tighten the Copyright Act's criminal offence provisions, proof of copyright ownership and exemptions for people making temporary copies. The bill would also clarify the liability of internet service providers where alleged breaches of intellectual property were carried out online.
As part of the FTA, Australia agreed to a range of US demands to significantly strengthen the protection of intellectual property rights in Australia, reflecting concerns of the US media, publishing and entertainment industries.
The cabinet gathering was the first formal meeting of the senior ministry since the election. The government is understood to have also decided to reintroduce several anti-terrorism bills, including measures allowing the courts to hear evidence confidentially in prosecutions for terrorism offences where the Attorney-General certified national security would be jeopardised if evidence was heard in open court.
Other bills will introduce a National Water Commission and implement pledges to pay pensioners and self-funded retirees for utility costs.
Cabinet discussion was dominated, however, by talks on abortion. Several ministers are believed to have indicated that the coalition's recent public debate on the issue was politically damaging for the government.
Ministers spent about an hour discussing abortion as part of a general session on political strategy, government sources said. Some ministers are believed to have indicated to Health Minister Tony Abbott that his public statements on abortion were putting the government "between a rock and a hard place" politically by re-opening a divisive issue and distracting attention from reform.
One source said the consensus was in line with Prime Minister John Howard's call at the weekend for MPs to engage in "quiet discussion and reflection" on the abortion issue rather than high-profile debates.