Regional radio costs
Michaelia Cash argued that removing the caps could create sudden operating-cost pressure for commercial radio stations, especially in remote and regional areas, and could risk station closures or more syndicated content.
Copyright Legislation Amendment (Fair Pay for Radio Play)
Current status
This bill is currently before Parliament.
Policy area
Law, justice & rights
What does this bill do?
The bill would repeal the Copyright Act provisions that cap what the Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. can determine for radio use of published sound recordings.
Why was it introduced?
The bill was introduced because Senator David Pocock and the explanatory memorandum argue that long-standing radio royalty caps distort negotiations and disadvantage recording artists and rights holders. The bill responds by removing the statutory ceilings for commercial radio and the ABC, so rates for sound recordings can be negotiated or determined by the Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. in the same broad way as other copyright payments.
Broader context
The bill sits in a long-running copyright dispute about whether radio broadcasters should keep statutory caps on what they pay for sound recordings. Reviews cited by the explanatory memorandum and Pocock's speech criticised the caps before the record industry began a fresh tribunal and lobbying push in 2023. The Senate debate then split between supporters who saw a fairer negotiation process for artists and opponents who feared costs for regional radio and local content.
Key criticism
The main criticisms in the collected debate were not about whether artists should be paid, but about timing and possible side effects. Coalition and Nationals speakers warned that removing the caps could put pressure on regional radio, local content and Australian music quotasRules requiring commercial radio broadcasters to play specified levels of Australian music. Critics of the bill argued the caps and quotas should be considered together., while Perin Davey also said Parliament should wait for ongoing Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. proceedings.
Who supported it?
Senator David Pocock introduced this bill. Supportive speeches so far have come from Greens, some crossbench members.
Introduced in Senate 03 Aug 2023
Before Senate 23 July 2025
Not yet reached House —
Not yet law —
Did it become law?
Not yet
Final passage
No final vote yet
The bill has not yet completed passage through Parliament.
Days since introduction
1042 days
Updated 10 June 2026.
Meaning
What does this bill do?
-
The bill would repeal the Copyright Act provisions that cap what the Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. can determine for radio use of published sound recordings.
-
For commercial radio, the removed cap is the rule that tribunal-determined licence fees for published sound recordings cannot be more than one per cent of a broadcaster's gross earningsThe commercial radio revenue measure used by the existing one per cent cap..
-
For the ABC, the bill would remove the rule that the tribunal cannot require more than 0.5 cents per head of the Australian population for radio broadcasts of published sound recordings.
-
The bill would also remove the requirement for the Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. to make separate orders for the ABC's radio and television broadcasts of sound recordings, while still allowing the tribunal to make separate orders if appropriate.
-
The bill would not set a new royalty rate. Its stated purpose is to let collecting societies, radio broadcasters and the ABC negotiate without those statutory ceilings, with the Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. still available if they cannot agree.
-
If passed, the bill would start on the day after Royal AssentThe formal approval that turns a bill passed by Parliament into an Act. The bill says it would commence the day after Royal Assent.. At collection time it was still before the Senate and was not recorded as an Act.
Show source excerpts
-
Schedule 1—Amendments Copyright Act 1968 1 Subsections 152(8) to 152(11) Repeal the subsections.
Copyright Legislation Amendment (Fair Pay for Radio Play) introduced bill text -
This removes the provisions which currently limit the amount the Copyright Tribunal can determine is payable by radio broadcasters to copyright owners, in respect of the broadcasting of published sound recordings, to one per cent of the broadcaster’s gross earnings.
Copyright Legislation Amendment (Fair Pay for Radio Play) explanatory memorandum -
This removes the provision which currently limits the amount the Copyright Tribunal can determine is payable by the ABC to copyright owners, in respect of the broadcasting of published sound recordings, to an amount not exceeding 0.5 cents per head of the Australian population.
Copyright Legislation Amendment (Fair Pay for Radio Play) explanatory memorandum -
The Copyright Tribunal will still be able to make separate orders in relation to sound recordings broadcast by the ABC on television and radio, but will no longer be required to make separate orders.
Copyright Legislation Amendment (Fair Pay for Radio Play) explanatory memorandum -
The Bill does not remove the role of the Copyright Tribunal in providing a safeguard for artists, rights holders and radio broadcasters.
Copyright Legislation Amendment (Fair Pay for Radio Play) explanatory memorandum -
The whole of this Act The day after this Act receives the Royal Assent.
Copyright Legislation Amendment (Fair Pay for Radio Play) introduced bill text
Context
Broader context for this bill
The bill sits in a long-running copyright dispute about whether radio broadcasters should keep statutory caps on what they pay for sound recordings. Reviews cited by the explanatory memorandum and Pocock's speech criticised the caps before the record industry began a fresh tribunal and lobbying push in 2023. The Senate debate then split between supporters who saw a fairer negotiation process for artists and opponents who feared costs for regional radio and local content.
- 2000-09
Competition review calls cap outdated
Pocock's second reading speech cites the intellectual property competition review as saying commercial radio circumstances had changed and recommending removal of the broadcast fee price cap.
Hansard ↗ - 2013-11
Law reform review questions the cap
Pocock told the Senate the Australian Law Reform Commission had considered statutory licensing for sound recordings and said that, if the scheme remained, there was a strong case to repeal the one per cent cap.
Hansard ↗ - 2019-03
Music industry inquiry criticises cap
The explanatory memorandum lists the 2019 House music-industry inquiry among reviews recommending removal of the caps, and Pocock said the committee found no public policy served by the cap.
Explanatory memorandum and Hansard ↗ - 09 June 2023
Record labels launch renewed push
The Australian Financial Review reported that the music industry was lobbying the Attorney-General to remove the cap and had started Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. proceedings seeking a higher royalty rate from radio.
Australian Financial Review ↗ - 03 Aug 2023
Pocock introduces radio royalties bill
Senator David Pocock introduced the bill in the Senate to repeal the commercial radio and ABC statutory caps for published sound recordings.
Parliament of Australia ↗ - 09 Aug 2023
Senate debate exposes regional radio concern
Supporters argued the bill would enable fairer negotiations for recording artists, while Coalition and Nationals speakers warned it could raise costs for regional radio and disrupt local content obligations.
Hansard ↗ - 23 July 2025
Bill restored after Parliament reset
After lapsing at the end of the previous Parliament on 21 July 2025, the bill was restored to the Senate Notice PaperParliament's official list of business that may be considered by a chamber. The bill was restored to the Senate Notice Paper after lapsing at the end of Parliament. two days later.
Parliament of Australia ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 03 Aug 2023
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 03 Aug 2023
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Second reading debate 09 Aug 2023
The bill reached this recorded parliamentary step.
Legal and Constitutional Affairs Legislation Committee; Committee report (20/06/2024) review 10 Aug 2023
The Senate referred the bill to the Legal and Constitutional Affairs Legislation Committee on 10 August 2023, with the APH bill page recording a committee report date of 20 June 2024.
Referred to committee
APH bill page notesLapsed at end of Parliament 21 July 2025
The bill reached this recorded parliamentary step.
Restored to Notice PaperParliament's official list of business that may be considered by a chamber. The bill was restored to the Senate Notice Paper after lapsing at the end of Parliament. 23 July 2025
The bill reached this recorded parliamentary step.
Key criticism
The main case against this bill
The main criticisms in the collected debate were not about whether artists should be paid, but about timing and possible side effects. Coalition and Nationals speakers warned that removing the caps could put pressure on regional radio, local content and Australian music quotasRules requiring commercial radio broadcasters to play specified levels of Australian music. Critics of the bill argued the caps and quotas should be considered together., while Perin Davey also said Parliament should wait for ongoing Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. proceedings.
The collected record also contains strong support from Pocock, the Greens and Lidia Thorpe, who argued that removing the caps would allow negotiation rather than impose an immediate fee increase.
Australian music and local content balance
Michaelia Cash and Perin Davey said the caps sit alongside Australian music quotasRules requiring commercial radio broadcasters to play specified levels of Australian music. Critics of the bill argued the caps and quotas should be considered together. and local-content requirements, and warned that changing one part of that balance could have unintended consequences.
Timing before tribunal proceedings finish
Perin Davey said the bill was premature because PPCAThe Phonographic Performance Company of Australia, the collecting society discussed in the debate for sound recordings. Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. proceedings were already underway and should be allowed to run before Parliament changed the cap.
Community and ABC radio impacts
Lidia Thorpe supported the bill but said the inquiry process should guard against unintended consequences for community radio, and Perin Davey said the ABC should also be heard because the bill would affect it.
Further sources
Votes
Recorded votes
No recorded votes have been found yet for this bill.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
David Pocock
David Pocock supports the bill as its sponsor.
Read in Hansard ↗ Lead opposing voice Opposes
Michaelia Cash
Michaelia Cash opposes the bill at this time on behalf of the Coalition.
Read in Hansard ↗ Lead supporting voice Supports
Sarah Hanson-Young
Sarah Hanson-Young supports the bill for the Greens.
Read in Hansard ↗ Lead non-major voice Supports
Lidia Thorpe
Lidia Thorpe supports the bill and an inquiry into the wider exploitation of artists.
Read in Hansard ↗All speeches by bloc
Coalition
3 speakers · 2 oppose · 1 mixed
Coalition
3 speakers · 2 oppose · 1 mixed
-
Michaelia Cash ★ Michaelia Cash opposes the bill at this time on behalf of the Coalition.
“The coalition does not support the bill at this time. Our fear is that the bill proposed by Senator David Pocock would have immediate and adverse unintended consequences for commercial radio stations, especially in remote and rural areas.”
Read the full speech in Hansard ↗ -
Perin Davey Perin Davey says she supports Australian artists but considers the bill premature.
“My biggest concern is that there are processes underway at the moment. The PPCA has its Copyright Tribunal action ongoing. We need to see the outcome of that.”
Read the full speech in Hansard ↗ -
Ross Cadell Ross Cadell says the Coalition and opposition benches will not support the bill, but he also says it has highlighted a real problem in how little money reaches Australian recording artists.
“As previously said, we on this side won't be voting for the Copyright Legislation Amendment (Fair Pay for Radio Play) Bill 2023, but what we can do from the crossbench and the opposition benches is raise legislation like this that puts a light on problems.”
Read the full speech in Hansard ↗
Greens
1 speaker · 1 support
Greens
1 speaker · 1 support
-
Sarah Hanson-Young ★ Sarah Hanson-Young supports the bill for the Greens.
“This bill removes the cap and allows for both parties—the commercial radio sector and the recorded music sector—to negotiate. There's no imposition of a particular fee.”
Read the full speech in Hansard ↗
Minor parties and independents
2 speakers · 3 contributions · 2 support
Minor parties and independents
2 speakers · 3 contributions · 2 support
-
David Pocock ★ 2 contributions David Pocock supports the bill as its sponsor.
Hansard records 2 separate contributions by David Pocock on this bill. They are grouped here so the speaker is listed once.
Second reading speech
David Pocock supports the bill as its sponsor. He says the Copyright Act caps on radio payments for sound recordings are unique, outdated and unfair to recording artists and rights holders, and argues the bill would let parties negotiate market-based rates while keeping the Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. as a safeguard.
“This Bill does not remove the protection of the Copyright Tribunal, which will still be able to make determinations on rates if parties are not able to agree, as they do now and as they do for other forms of copyright.”
Read this contribution in Hansard ↗Second reading speech
David Pocock supports the bill, arguing that commercial radio and the ABC should no longer have statutory ceilings on what they can be required to pay for sound recordings. He stresses that removing the caps would not set an automatic royalty increase and would leave the Copyright TribunalA specialist tribunal that can determine copyright licence terms and payments when parties cannot agree. This bill would remove two statutory ceilings on what it can determine for radio use of published sound recordings. available if negotiations fail.
“Removing these caps also won't automatically change any royalties. No decision taken by this parliament will come at a cost to any radio station. Passing this bill simply allows the market to decide a fair rate, and always with the safeguard of the Copyright Tribunal.”
Read this contribution in Hansard ↗ -
Lidia Thorpe ★ Lidia Thorpe supports the bill and an inquiry into the wider exploitation of artists.
“I support what this bill is seeking to do, though I will be advocating to make sure that it is done properly, without unintended consequences such as negative impacts on community radio, which is already running on a shoestring.”
Read the full speech in Hansard ↗
Record
Full record
- Status
- Before Senate -- Collected from the APH bill page.
- Originating house
- Senate
- 03 Aug 2023
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 03 Aug 2023
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 09 Aug 2023
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 21 July 2025
Senate · Lapsed at end of Parliament
Lapsed at end of Parliament
The bill reached this recorded parliamentary step.
- 23 July 2025
Senate · Restored to Notice Paper
Restored to Notice PaperParliament's official list of business that may be considered by a chamber. The bill was restored to the Senate Notice Paper after lapsing at the end of Parliament.
The bill reached this recorded parliamentary step.
Senate Legal and Constitutional Affairs Legislation Committee; Committee report (20/06/2024)
Referred to committee
The Senate referred the bill to the Legal and Constitutional Affairs Legislation Committee on 10 August 2023, with the APH bill page recording a committee report date of 20 June 2024.
Referred to Committee (10 Aug 2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (20 June 2024)
APH bill page notes