I'm sorry I can't help with the lawyer side of things. I'm not one. I'm an Australian citizen, but don't live there. I had a look around the net though and thought I'd put a a couple of what I hope are vaguely relevant pieces of information together. I don't know your specific reasons or concerns re Australia but here's what I know/found.
1. First, with the Free Trade Agreement (FTA) with the US, changes went into effect on Australian copyright law. One answer about how the FTA affects the AUS situation, comes from our Government funded ABC (similar in quality of reporting to BBC)
"A number of amendments were made to Australia's copyright law in late 2004 to meet particular obligations under the FTA. Some of the changes include: * performers were given economic and moral rights in their sound recordings and moral rights in their live and recorded performances * criminal offences were broadened to target copyright infringements undertaken for commercial advantage or financial gain and significant infringements on a commercial scale * the term of protection for most copyright material was extended by 20 years Most of these changes came into effect on 1 January 2005" source page here (http://www.abc.net.au/catapult/askexpert/s1342710.htm) Other commentators I've heard speaking on radio podcast consider us to have been virtually "colonized" by the US in respect of copyright law.
Secondly, the draft of the Amendments to the Telecommunications (Offences and Other Measures) Bill that went before the House of Representatives in 2004 did not have the following passage but it was included in the final Bill - a 2006 compilation of which can be read at the Attorney General's Department (http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/framelodgmentattachments/DAA3A13F85FC3547CA2571870020EC66)
473.4 Determining whether material is offensive
The matters to be taken into account in deciding for the purposes of this Part whether reasonable persons would regard particular material, or a particular use of a carriage service, as being, in all the circumstances, offensive, include:
(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the material; and
(c) the general character of the material (including whether it is of a medical, legal or scientific character).
I know this is all very general but I hope it helps build the picture somewhat.
no subject
1. First, with the Free Trade Agreement (FTA) with the US, changes went into effect on Australian copyright law. One answer about how the FTA affects the AUS situation, comes from our Government funded ABC (similar in quality of reporting to BBC)
"A number of amendments were made to Australia's copyright law in late 2004 to meet particular obligations under the FTA. Some of the changes include:
* performers were given economic and moral rights in their sound recordings and moral rights in their live and recorded performances
* criminal offences were broadened to target copyright infringements undertaken for commercial advantage or financial gain and significant infringements on a commercial scale
* the term of protection for most copyright material was extended by 20 years
Most of these changes came into effect on 1 January 2005"
source page here (http://www.abc.net.au/catapult/askexpert/s1342710.htm) Other commentators I've heard speaking on radio podcast consider us to have been virtually "colonized" by the US in respect of copyright law.
Secondly, the draft of the Amendments to the Telecommunications (Offences and Other Measures) Bill that went before the House of Representatives in 2004 did not have the following passage but it was included in the final Bill - a 2006 compilation of which can be read at the
Attorney General's Department (http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/framelodgmentattachments/DAA3A13F85FC3547CA2571870020EC66)
473.4 Determining whether material is offensive
The matters to be taken into account in deciding for the purposes of this Part whether reasonable persons would regard particular material, or a particular use of a carriage service, as being, in all the circumstances, offensive, include:
(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and
(b) the literary, artistic or educational merit (if any) of the material; and
(c) the general character of the material (including whether it is of a medical, legal or scientific character).
I know this is all very general but I hope it helps build the picture somewhat.