Michaelia Cash (WA, Liberal Party, Leader of the Opposition in the Senate) Share this | Hansard source

I rise to speak on the Copyright Amendment Bill 2026. This is legislation that affects the increasing pressure on our legal frameworks to keep pace with rapid technological change. The bill has been worked through with a number of stakeholders over a very long period of time, and, in the position of a coalition, it strikes the appropriate balance in ensuring that copyright laws keep up with technology. The coalition recognises the importance of maintaining a strong, modern and balanced copyright system—one that protects creators whilst at the same time enabling access to knowledge and innovation. Copyright law underpins Australia's creative industry and supports jobs, but, more than that, it ensures that those who produce original work are fairly treated. At the same time, though, we do acknowledge that the way Australians engage with content, through digital platforms, online education and emerging technologies, has evolved significantly. It is appropriate that parliament considers reforms to ensure that the copyright system in Australia remains fit for purpose.

One of the key features of this bill is the introduction of an orphan works scheme. In principle, this reform seeks to unlock material where copyright owners cannot be identified or located, allowing it to be used under a regulated framework. The coalition sees merit in reducing unnecessary barriers to accessing historical and cultural works. There is value in enabling researchers, educators and institutions to make use of materials that would otherwise remain inaccessible. However, we must be clear: any such scheme must be implemented with care. Safeguards are essential to ensure that the rights of creators are not inadvertently undermined. Where ownership can be established, those creators must continue to receive appropriate recognition and protection.

The bill we have before the Senate also addresses online learning, clarifying that copyright rules extend into digital classrooms. This reflects the reality of the modern education system, particularly following the expansion of remote learning in recent years. We support efforts to provide clarity for teachers, students and families. Access to education regardless of where a person lives is critical, and the law should not create unnecessary uncertainty in delivering that access. That said, we must ensure that these changes do not shift the balance too far. Educational access must be supported but not at the expense of industries that produce the very content that is actually being used. We believe that this bill strikes an appropriate balance between ensuring that artists and content creators are paid appropriately for their work and ensuring, at the same time, that educational institutions still have appropriate access to that content.

More broadly, this bill sits within a wider conversation about how copyright interacts with emerging technologies, including artificial intelligence. These are complex and evolving issues. Whilst this legislation does take some steps forward—and that is why we are supporting it—it is unlikely to be the final word. For that reason, the coalition emphasises the importance of ongoing scrutiny and accountability. We will be closely monitoring the implementation of this legislation, and we want to ensure that: the orphan works scheme operates as intended, without disadvantage in the rights of holders; educational provisions are applied fairly and responsively; and creators and industries continue to receive strong protection under Australian law.

If unintended consequences arise, the coalition will not hesitate to advocate for adjustments. As I said, the Copyright Amendment Bill 2026 does take a step forward and represent a step forward in terms of modernising our copyright framework. It reflects changing technologies—we know that's occurring—and certainly the new ways of learning and creating. But reform must always be accompanied by vigilance. The coalition will support a system that is balanced, fair and sustainable. And, as Senator Duniam knows full well, we will continue to hold the government accountable to that standard.