Senate debates

Thursday, 14 May 2026

Bills

Public and Educational Lending Rights (Better Income for Authors) Bill 2026, Public and Educational Lending Rights (Better Income for Authors) Consequential Amendments and Transitional Provisions Bill 2026; Second Reading

12:54 pm

Photo of Susan McDonaldSusan McDonald (Queensland, National Party, Shadow Minister for Resources and Northern Australia) Share this | Hansard source

I rise today to debate the Public and Educational Lending Rights (Better Income for Authors) Bill 2026 and the related bill. At the outset, I want to make it clear that the coalition will be supporting these bills. They are sensible, non-controversial measures that update the governance and administration of important schemes that support Australian authors and publishers. Public lending rights and educational lending rights are longstanding Australian government programs. They compensate authors and publishers for the free multiple use of their books in public and educational libraries. These schemes recognise a fundamental principle: while we rightly support free public access to books and knowledge, creators should not be financially disadvantaged as a result. Borrowing a book from the library, including the school library, means that authors are supported.

For example, Trent Dalton is able to benefit from this program and is listed for his many books, including Boy Swallows Universe, Lola in the Mirror and Love Stories. I note that he is from the great state of Queensland. Andy Griffiths is a beneficiary for his stories in the The 13-Storey Treehouse series. Anyone who has read these books with children may agree that it is great that our library borrowers can experience the joy of Andy's 78-flavour ice-cream parlour serving every flavour imaginable, from chocolate to roasted ant, and that Andy is able to receive financial support for that. I have been one of those parents reading those books with my children. Ash Barty is also a beneficiary of the program, with My Dream Time. What a wonderful contribution Ash continues to make to Australia.

The program supports a range of authors, from those we are more familiar with to those who are emerging too. The public lending rights scheme has been governed by legislation since 1985. The educational lending right, by contrast, is operated as a program administered within the department. What these bills do is straightforward. They consolidate both schemes into a single legislative framework, bringing educational lending rights into legislation for the first time. They also transition the existing advisory committee to cover both schemes and provide the minister with the power to establish legislative instruments governing their operations. These are administrative and governance improvements. They modernise the framework and provide greater consistency across the two schemes.

But let me address what this bill does not do. Despite its title, 'Better Income for Authors,' this bill does not increase the amount of compensation paid to authors or publishers. There is no new funding attached to this legislation. The total pool of funding remains fixed, and the way payments are calculated remains unchanged. Payments are distributed from a capped annual allocation of around $28 million in recent years, with rates determined per book held in libraries as set out in ministerial instruments. In 2024-25, more than 17,600 payments were made, totalling $28.16 million. That system continues under this bill. There is no change to that.

While the government may seek to suggest that this legislation delivers better income, the reality is that it primarily delivers structural and administrative change, not increased financial support. To be fair, bringing the educational lending rights scheme into legislation does provide greater certainty and security for that funding stream. This is a positive step, but we should not conflate certainty with expansion. The government may also point to funding announced in 2023 of $12.9 million over four years associated with expanding eligibility to include ebooks and audiobooks. However, that funding has been flowing since the 2024-25 financial year. It is not new funding associated with this bill. This legislation arises from the government's broader National Cultural Policy agenda. As part of that process, additional advisory bodies and committees were established, including a Writing Australia committee. This reform is one of the outputs of that process, aimed at modernising lending rights legislation. Again, modernisation is welcome, but it must be matched with meaningful support and delivery.

The coalition has a strong and consistent track record in this area. We have supported these schemes since their inception. Coalition governments have maintained and delivered payments to authors and publishers for decades. It was a coalition government that established the educational lending rights scheme in the 2000-01 budget. Our support for Australian authors is longstanding and genuine. In preparing for this legislation, we met with representatives from the Australian Society of Authors. They support the bill, as do we. However, it is no surprise that they and many others in this sector are calling for additional funding to support authors. This is a conversation that should continue because, while governance changes are important, they do not on their own address the financial pressures facing authors.

I turn now to some of the specific changes in the bill. One key reform is the incorporation of educational lending rights into the legislative framework. This brings greater transparency and accountability to the scheme. The roles of the secretary and the advisory committee are also updated. Notably, appeals regarding payment calculations will now be determined by the secretary, providing a clearer decision-making pathway. Eligibility criteria are also being updated. Currently, eligibility is based on being a resident for taxation purposes, but, under the new framework, eligibility will be based on citizenship or permanent residency status, providing a clearer and more contemporary definition.

There are also changes to the remuneration arrangements for the advisory committee. The chair will move from an annual stipend to a per-meeting payment structure, which is expected to result in lower overall remuneration. Committee members' remuneration will remain unchanged and aligned with standard tribunal fees. Importantly, the number of committee members and the individuals serving will not change. These are measured administrative updates.

This bill is not controversial. It is not time sensitive. It is a practical piece of legislation that tidies up and strengthens existing arrangements. But, while we support the bill, we must also place it in its proper context. Authors across Australia are facing real challenges. They are dealing with rising costs, evolving publishing models and increasing competition in a global digital marketplace. For many, income from writing alone is not sufficient. Lending rights payments are an important supplementary income stream, but they are not a complete solution. That is why the broader policy settings matter, it is why funding levels matter, and it is why delivery matters. Too often we see a gap between government announcements and real outcomes on the ground. We see programs announced with fanfare but without the follow-through needed to make a tangible difference. This bill, while welcome, is not a substitute for a comprehensive approach to supporting Australian writers and the broader creative sector.

Access to books through libraries and educational institutions is one of the great strengths of our society. It supports literacy, education and opportunity. But that access must be balanced with fair compensation for creators. That is the purpose of lending rights schemes, and that is why they are worth maintaining and strengthening. This legislation contributes to that objective by providing a clearer and more robust framework, and for that reason the coalition will support it, just like we have supported the program for decades.

The coalition would also like to support the lesser known Australian authors who benefit from the scheme. For example, Jack Heath is a Canberran who attended Lyneham High School and has written a range of children's books, such as Spy Academy and 300 Minutes of Danger. Books like these are in many school libraries, where he benefits from the education lending rights program. Jack also volunteers a lot of his time to appear in schools, inspiring our younger Australians to read and even become authors themselves. Jack, thank you for the work that you do.

The coalition will continue to ask questions about funding and delivery and about whether the government is doing enough to support Australian authors in a meaningful way, because governance reform is only part of the equation. If we truly want better income for authors, we must be honest about what it will take. It will take sustained investment, it will take clear and effective policy, and it will take a government that prioritises outcomes over announcements. Yes, the coalition supports these bills. They are sensible administrative reforms that modernise and strengthen important programs, but we should be clear about their scope. They do not increase funding, they do not change payment calculations and they do not, on their own, deliver better income for authors. That remains a challenge for the government to address.

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