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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Treasury Laws Amendment (News
Media and Digital Platforms Mandatory
Bargaining Code) Bill 2020
No. , 2020
(Treasury)
A Bill for an Act to amend the
Competition and
Consumer Act 2010
in relation to digital platforms,
and for related purposes
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Digital platforms and Australian news businesses
3
Part 1--Main amendments
3
Competition and Consumer Act 2010
3
Part 2--Other amendments
53
Competition and Consumer Act 2010
53
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
1
A Bill for an Act to amend the
Competition and
1
Consumer Act 2010
in relation to digital platforms,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Treasury Laws Amendment (News Media and
6
Digital Platforms Mandatory Bargaining Code) Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Digital platforms and Australian news businesses
Schedule 1
Main amendments
Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
3
Schedule 1--Digital platforms and Australian
1
news businesses
2
Part 1--Main amendments
3
Competition and Consumer Act 2010
4
1 After Part IVB
5
Insert:
6
Part IVBA--News media and digital platforms
7
mandatory bargaining code
8
Division 1--Basic concepts
9
52A Definitions
10
In this Part:
11
ACMA
means the Australian Communications and Media
12
Authority.
13
bargaining news business representative
, for a registered news
14
business, has the meaning given by section 52ZD.
15
bargaining parties
has the meaning given by section 52ZG.
16
core bargaining issues
has the meaning given by section 52ZG.
17
core news content
means content that reports, investigates or
18
explains:
19
(a) issues or events that are relevant in engaging Australians in
20
public debate and in informing democratic decision-making;
21
or
22
(b) current issues or events of public significance for Australians
23
at a local, regional or national level.
24
covered news content
means
content that is any of the following:
25
(a) core news content;
26
Schedule 1
Digital platforms and Australian news businesses
Part 1
Main amendments
4
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(b) content that reports, investigates or explains current issues or
1
events of interest to Australians.
2
designated digital platform corporation
means a corporation that
3
is specified as a designated digital platform corporation in a
4
determination under section 52E.
5
designated digital platform service
, of a designated digital
6
platform corporation, means a service that is specified as a
7
designated digital platform service of the corporation in a
8
determination under section 52E.
9
news business
means:
10
(a) a news source; or
11
(b) a combination of news sources.
12
news source
means any of the following, if it produces, and
13
publishes online, news content:
14
(a) a newspaper masthead;
15
(b) a magazine;
16
(c) a television program or channel;
17
(d) a radio program or channel;
18
(e) a website or part of a website;
19
(f) a program of audio or video content designed to be
20
distributed over the internet.
21
registered news business
means a news business that is registered
22
under section 52G.
23
registered news business corporation
:
24
(a) a
registered news business corporation
means a corporation
25
that is registered under section 52G; and
26
(b) a
registered news business corporation
, for a registered
27
news business, means the corporation that is endorsed under
28
section 52G as the registered news business corporation for
29
the registered news business.
30
register of bargaining code arbitrators
means the register
31
established under section 52ZK.
32
remuneration issue
has the meaning given by subsection 52ZL(1).
33
Digital platforms and Australian news businesses
Schedule 1
Main amendments
Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
5
represented registered news business
has the meaning given by
1
section 52ZG.
2
responsible digital platform corporation
for a designated digital
3
platform service is:
4
(a) a corporation that:
5
(i) is a related body corporate of the service's designated
6
digital platform corporation; and
7
(ii) if the corporation is not incorporated in Australia--is
8
managed in Australia; and
9
(iii) either by itself or together with other corporations,
10
operates or controls the designated digital platform
11
service in supplying services that are used by
12
Australians; or
13
(b) if there is no corporation that satisfies the requirements of
14
paragraph (a)--the service's designated digital platform
15
corporation.
16
52B Making content available
17
(1) For the purposes of this Part, a service makes content available if:
18
(a) the content is reproduced on the service, or is otherwise
19
placed on the service; or
20
(b) a link to the content is provided on the service; or
21
(c) an extract of the content is provided on the service.
22
(2) Subsection (1) does not limit, for the purposes of this Part, the
23
ways in which a service makes content available.
24
52C Interacting with content
25
(1) For the purposes of this Part, a user of a service interacts with
26
content made available by the service if:
27
(a) the content is reproduced on the service, or is otherwise
28
placed on the service, and the user interacts with the content;
29
or
30
(b) a link to the content is provided on the service and the user
31
interacts with the link; or
32
(c) an extract of the content is provided on the service and the
33
user interacts with the extract.
34
Schedule 1
Digital platforms and Australian news businesses
Part 1
Main amendments
6
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(2) Subsection (1) does not limit, for the purposes of this Part, the
1
ways in which a user of a service interacts with content made
2
available by a service.
3
52D Distributing content
4
(1) For the purposes of this Part, the following are examples of ways
5
in which a service distributes content that is made available by the
6
service:
7
(a) ranking the content;
8
(b) curating the content;
9
(c) making the content more or less prominent;
10
(d) making a user more or less likely to interact with the content.
11
(2) Subsection (1) does not limit, for the purposes of this Part, the
12
ways in which a service distributes content that is made available
13
by the service.
14
(3) For the purposes of this Part, treat the following alterations as
15
alterations to the ways in which a service distributes content that is
16
made available by the service:
17
(a) an alteration to the ways in which the service distributes a
18
particular class of content;
19
Example 1: An alteration that increases the prevalence or prominence of
20
video content made available by the service by making such
21
video content play automatically.
22
Example 2: An alteration that increases or decreases the prevalence or
23
prominence of content made available by the service with which
24
users of the service have previously interacted.
25
Example 3: An alteration that increases the prevalence or prominence of
26
content made available by the service by making extracts from
27
the content available on the service automatically.
28
Example 4: An alteration that increases the ranking of content made
29
available by the service if a user's friends and family have
30
interacted with content.
31
(b) an alteration to the ways in which the service distributes
32
content of a particular content creator, or class of content
33
creators;
34
Example 1: An alteration that increases or decreases the prevalence or
35
prominence of content made available by the service if the
36
Digital platforms and Australian news businesses
Schedule 1
Main amendments
Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
7
content is created by a news business that has facilities to make
1
content load rapidly.
2
Example 2: An alteration that decreases the prevalence or prominence of
3
content made available by the service if the content is created by
4
an automated account.
5
Example 3: An alteration that decreases the prevalence or prominence of
6
content made available by the service if the content is from a
7
particular website, where attempts have been made to manipulate
8
rankings of content from the website.
9
Example 4: An alteration that decreases the prevalence or prominence of
10
content made available by the service if the content is from an
11
account of a celebrity or other prominent individual.
12
(c) an alteration to the ways in which the service distributes a
13
particular class of content in relation to a particular class of
14
users of the service.
15
Example 1: An alteration that prevents inappropriate content being made
16
available by the service to children.
17
Example 2: An alteration that increases the prevalence or prominence of
18
particular content made available by the service to users of a
19
particular age.
20
Example 3: An alteration that decreases the prevalence or prominence of
21
particular content made available by the service to users who
22
have indicated they do not wish to see such content.
23
Example 4: An alteration that increases the prevalence or prominence of
24
content made available by the service to users who are affected
25
by a natural disaster, if the content is reliable information about
26
the disaster.
27
(4) Subsection (3) does not limit, for the purposes of this Part, the
28
kinds of alterations that are alterations to the ways in which a
29
service distributes content that is made available by the service.
30
Division 2--Designated digital platform corporation and
31
designated digital platform services
32
52E Minister may make designation determination
33
(1) The Minister may, by legislative instrument, make a determination
34
that:
35
(a) specifies one or more services covered by subsection (2) in
36
relation to a corporation as
designated digital platform
37
services
of the corporation; and
38
Schedule 1
Digital platforms and Australian news businesses
Part 1
Main amendments
8
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(b) specifies the corporation as a
designated digital platform
1
corporation
.
2
(2) This subsection covers a service in relation to a corporation if:
3
(a) the corporation, either by itself or together with one or more
4
related bodies corporate of the corporation, operates or
5
controls the service; or
6
(b) a related body corporate of the corporation, either by itself or
7
together with one or more other related bodies corporate of
8
the corporation, operates or controls the service.
9
(3) In making the determination, the Minister must consider whether
10
there is a significant bargaining power imbalance between
11
Australian news businesses and the group comprised of the
12
corporation and all of its related bodies corporate.
13
(4) In making the determination, the Minister may consider any reports
14
or advice of the Commission.
15
Division 3--Registered news businesses and registered
16
news business corporations
17
52F Application for registration of news business and news business
18
corporation
19
(1) A corporation (the
applicant corporation
) may apply to the
20
ACMA, in relation to a news business, for:
21
(a) if the news business is not already a registered news
22
business--the registration of the news business; and
23
(b) if the applicant corporation is not already a registered news
24
business corporation--the registration of the applicant
25
corporation; and
26
(c) the endorsement of the applicant corporation as the registered
27
news business corporation for the news business.
28
(2) The application must:
29
(a) be in writing; and
30
(b) set out every news source that comprises the news business;
31
and
32
Digital platforms and Australian news businesses
Schedule 1
Main amendments
Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
9
(c) set out details of the applicant corporation's point of contact
1
for the purposes of section 52Z; and
2
(d) if regulations made for the purposes of this paragraph specify
3
requirements--meet those requirements.
4
(3) The news business set out in the application may be comprised of
5
some or all of the news sources that the applicant corporation,
6
either by itself or together with other corporations, operates or
7
controls.
8
52G Registration of news business and news business corporation
9
(1) If the ACMA considers that the requirement in subsection (2) is
10
met, the ACMA must:
11
(a) if the news business is not already a registered news
12
business--register the news business; and
13
(b) if the applicant corporation is not already a registered news
14
business corporation--register the applicant corporation; and
15
(c) endorse the applicant corporation as the registered news
16
business corporation for the news business.
17
(2) The requirement in this subsection is met if:
18
(a) the application is in accordance with subsection 52F(2); and
19
(b) if the news business is not already a registered news
20
business--none of the news sources set out in the application
21
in accordance with paragraph 52F(2)(b) form part of another
22
news business that is a registered news business; and
23
(c) if the news business is not already a registered news
24
business--all of the following requirements are met in
25
relation to the news business:
26
(i) the requirement in subsection 52N(1) (the content test);
27
(ii) the requirement in subsection 52O(1) (the Australian
28
audience test);
29
(iii) the requirement in subsection 52P(1) (the professional
30
standards test); and
31
(d) if the applicant corporation is not already a registered news
32
business corporation--the applicant corporation meets the
33
requirement in subsection 52M(1) (the revenue test); and
34
Schedule 1
Digital platforms and Australian news businesses
Part 1
Main amendments
10
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(e) the applicant corporation meets the requirement in
1
section 52L (connection between applicant corporation and
2
news business) in relation to the news business.
3
(3) The ACMA must publish details of each registration and
4
endorsement on the ACMA's website (including details of the
5
applicant corporation's point of contact for the purposes of
6
section 52Z).
7
52H Revocation of registration or endorsement--general
8
Revocation of registration of news business
9
(1) The ACMA may revoke the registration of a registered news
10
business if the ACMA considers that one or more of the news
11
sources that form part of the registered news business form part of
12
another registered news business.
13
(2) The ACMA may revoke the registration of a registered news
14
business if the ACMA considers that any of the following
15
requirements are
not
met in relation to the news business:
16
(a) the requirement in subsection 52N(1) (the content test);
17
(b) the requirement in subsection 52O(1) (the Australian
18
audience test);
19
(c) the requirement in subsection 52P(1) (the professional
20
standards test).
21
(3) The ACMA may revoke the registration of a registered news
22
business if there is no registered news business corporation that is
23
endorsed as the registered news business corporation for the news
24
business.
25
Revocation of registration of corporation
26
(4) The ACMA may revoke the registration of a registered news
27
business corporation if the ACMA considers that the corporation
28
does not meet the requirement in subsection 52M(1) (the revenue
29
test).
30
(5) The ACMA may revoke the registration of a registered news
31
business corporation if the corporation is not endorsed as the
32
Digital platforms and Australian news businesses
Schedule 1
Main amendments
Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
11
registered news business corporation for at least one registered
1
news business.
2
Revocation of registration of endorsement of corporation for news
3
business
4
(6) The ACMA may revoke the endorsement of a registered news
5
business corporation as the registered news business corporation
6
for a registered news business if the ACMA considers that the
7
corporation does not meet the requirement in section 52L
8
(connection between corporation and news business) in relation to
9
the registered news business.
10
(7) To avoid doubt, the ACMA may revoke the endorsement of a
11
registered news business corporation as the registered news
12
business corporation for a registered news business at the same
13
time as it endorses another registered news business corporation as
14
the registered news business corporation for the registered news
15
business.
16
Example: A registered news business corporation (the
selling corporation
) sells
17
a registered news business to another corporation. The other
18
corporation applies under section 52G for registration as a registered
19
news business corporation and for endorsement as the registered news
20
business corporation for the registered news business. The ACMA
21
grants the application at the same time as revoking the endorsement of
22
the selling corporation as the registered news business corporation for
23
the registered news business.
24
52I Revocation of registration or endorsement--false or misleading
25
information or documents
26
(1) This section applies if, as a result of an application by a
27
corporation under section 52F, the ACMA:
28
(a) registered a news business; or
29
(b) registered a corporation; or
30
(c) endorsed a corporation as the registered news business
31
corporation for a news business.
32
(2) The ACMA may revoke the registration or endorsement if the
33
ACMA considers that the corporation, in making the application,
34
gave the ACMA information that was or documents that were false
35
or misleading in a material particular.
36
Schedule 1
Digital platforms and Australian news businesses
Part 1
Main amendments
12
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(3) To avoid doubt, for the purposes of this section, information or
1
documents may be false or misleading in a material particular
2
because of the omission of a matter or thing.
3
52J Obligation on registered news business corporation to notify
4
ACMA of loss of qualification for registration
5
(1) The registered news business corporation for a registered news
6
business must notify the ACMA, as soon as practicable, if any of
7
the following requirements are no longer met in relation to the
8
registered news business corporation or the registered news
9
business:
10
(a) the requirement in subsection 52N(1) (the content test);
11
(b) the requirement in subsection 52O(1) (the Australian
12
audience test);
13
(c) the requirement in subsection 52P(1) (the professional
14
standards test);
15
(d) the requirement in subsection 52M(1) (the revenue test);
16
(e) the requirement in section 52L (connection between
17
corporation and news business).
18
(2) The notification must be in writing.
19
52K Adding or removing news source from registered news business
20
(1) A registered news business corporation for a registered news
21
business may apply to the ACMA for:
22
(a) the addition of a news source to the news business; or
23
(b) the removal of a news source from the news business.
24
(2) The application must:
25
(a) be in writing; and
26
(b) set out every news source that comprises the news business;
27
and
28
(c) specify the news source to be added or removed; and
29
(d) if regulations made for the purposes of this paragraph specify
30
requirements--meet those requirements.
31
(3) The ACMA may add the news source to the news business if the
32
ACMA considers that:
33
Digital platforms and Australian news businesses
Schedule 1
Main amendments
Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
13
(a) the application is in accordance with subsection (2); and
1
(b) the news source does not form part of another news business
2
that is a registered news business; and
3
(c) the corporation would continue to meet the requirement in
4
52L (connection between applicant corporation and news
5
business) in relation to the news business if the news source
6
were added to the news business; and
7
(d) the news business would continue to meet all of the
8
following requirements if the news source were added to the
9
news business:
10
(i) the requirement in subsection 52N(1) (the content test);
11
(ii) the requirement in subsection 52O(1) (the Australian
12
audience test);
13
(iii) the requirement in subsection 52P(1) (the professional
14
standards test).
15
(4) The ACMA may remove the news source from the registered news
16
business if the application is in accordance with subsection (2).
17
(5) The ACMA must publish details of the addition or removal on the
18
ACMA's website.
19
52L Requirements for connection between corporation and news
20
business
21
For the purposes of this Division, the requirement is that the
22
corporation, either by itself or together with other corporations,
23
operates or controls the news business.
24
52M Revenue test
25
(1) For the purposes of this Division, the requirement is that the annual
26
revenue of the corporation (or of a related body corporate of the
27
corporation), as set out in the corporation's (or the related body
28
corporate's) annual accounts prepared in accordance with generally
29
accepted accounting principles, exceeds $150,000:
30
(a) for the most recent year for which there are such accounts; or
31
(b) for at least 3 of the 5 most recent years for which there are
32
such accounts.
33
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Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(2) Subsection (3) applies if:
1
(a) the corporation (or the related body corporate) acquired a
2
business; and
3
(b) the business' annual revenue for a year starting before the
4
acquisition is ascertainable from annual accounts prepared in
5
accordance with generally accepted accounting principles.
6
(3) For the purposes of subsection (1) treat the revenue of the
7
corporation (or of the related body corporate) for the year
8
mentioned in paragraph (2)(b) as including the business' annual
9
revenue for that year.
10
52N Content test
11
(1) The requirement in this subsection is met in relation to a news
12
business if the primary purpose of each news source covered by
13
subsection (2) is to create content that is core news content.
14
(2) This subsection covers a news source if it comprises, whether by
15
itself or together with other news sources, the news business.
16
(3) For the purposes of subsection (1), in determining whether the
17
primary purpose of a news source is to create content that is core
18
news content, take into account the following matters:
19
(a) the amount of core news content created by the news source;
20
(b) the frequency with which the news source creates core news
21
content;
22
(c) the degree of prominence given to core news content created
23
by the news source, compared with the degree of prominence
24
given to other content created by the news source;
25
(d) any other relevant matter.
26
52O Australian audience test
27
(1) The requirement in this subsection is met in relation to a news
28
business if every news source covered by subsection (2) operates
29
predominantly in Australia for the dominant purpose of serving
30
Australian audiences.
31
(2) This subsection covers a news source if it comprises, whether by
32
itself or together with other news sources, the news business.
33
Digital platforms and Australian news businesses
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Main amendments
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No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
15
52P Professional standards test
1
(1) The requirement in this subsection is met in relation to a news
2
business if:
3
(a) every news source covered by subsection (2):
4
(i) is subject to the rules of the Australian Press Council
5
Standards of Practice or the Independent Media Council
6
Code of Conduct; or
7
(ii) is subject to the rules of the Commercial Television
8
Industry Code of Practice, the Commercial Radio Code
9
of Practice or the Subscription Broadcast Television
10
Codes of Practice; or
11
(iii) is subject to the rules of a code of practice mentioned in
12
paragraph 8(1)(e) of the
Australian Broadcasting
13
Corporation Act 1983
or paragraph 10(1)(j) of the
14
Special Broadcasting Service Act 1991
; or
15
(iv) is subject to internal editorial standards that are
16
analogous to the rules mentioned in subparagraph (i),
17
(ii) or (iii) to the extent that they relate to the provision
18
of quality journalism; or
19
(v) is subject to rules specified in the regulations that
20
replace those mentioned in subparagraph (i), (ii) or (iii);
21
or
22
(vi) is subject to other rules specified in the regulations; and
23
(b) every news source covered by subsection (2) has editorial
24
independence from the subjects of its news coverage.
25
(2) This subsection covers a news source if it comprises, whether by
26
itself or together with other news sources, the relevant news
27
business.
28
Division 4--General requirements
29
Subdivision A--Preliminary
30
52Q Obligations in respect of digital platform services individually
31
(1) The provisions of Subdivisions B and C create obligations in
32
respect of every designated digital platform service, in respect of
33
each registered news business.
34
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Part 1
Main amendments
16
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(2) Those obligations are placed on the responsible digital platform
1
corporation for the designated digital platform service, in respect of
2
the registered news business corporation for the registered news
3
business.
4
(3) If there is more than one responsible digital platform corporation
5
for the designated digital platform service:
6
(a) those obligations are placed on each of those responsible
7
digital platform corporations separately; and
8
(b) treat references in Subdivision B and C to the responsible
9
digital platform corporation for the designated digital
10
platform service as being references to each responsible
11
digital platform corporation for the designated digital
12
platform service.
13
Subdivision B--The minimum standards
14
52R Giving list and explanation of data provided to registered news
15
businesses
16
(1) If the designated digital platform service makes available covered
17
news content of the registered news business, the responsible
18
digital platform corporation for the designated digital platform
19
service must ensure that:
20
(a) information covered by subsection (2) is given to the
21
registered news business corporation for the registered news
22
business; and
23
(b) the information is given in terms that are readily
24
comprehensible; and
25
(c) if there are other designated digital platform services of the
26
responsible digital platform corporation--the information is
27
given in terms that relate specifically to the designated digital
28
platform service (and not in terms that relate to that service
29
and those other designated digital platform services in
30
aggregate); and
31
(d) the information is given to the registered news business
32
corporation no later than 28 days after the day on which the
33
registered news business was registered under section 52G;
34
and
35
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17
(e) if regulations made for the purposes of this paragraph specify
1
other requirements for that information--those requirements
2
are satisfied.
3
(2) This subsection covers information that comprises lists and
4
explanations of the types of data covered by subsection (3).
5
(3) This subsection covers data:
6
(a) that relates to interactions of users of the designated digital
7
platform service with covered news content made available
8
by the designated digital platform service; and
9
(b) that the designated digital platform service provides to one or
10
more registered news businesses.
11
(4) The responsible digital platform corporation for the designated
12
digital platform service must ensure that:
13
(a) updated information covered by subsection (2) is given
14
annually to the registered news business corporation for the
15
registered news business; and
16
(b) the updated information is given in terms mentioned in
17
paragraphs (1)(b) and (c); and
18
(c) the updated information is given to the registered news
19
business corporation no later than 12 months after the later of
20
the following days:
21
(i) the day on which information was given to the
22
registered news business corporation in accordance with
23
subsection (1);
24
(ii) the most recent day on which updated information was
25
previously given to the registered news business
26
corporation in accordance with this subsection; and
27
(d) if regulations made for the purposes of this paragraph specify
28
other requirements for the updated information--those
29
requirements are satisfied.
30
(5) To avoid doubt, nothing in this section requires the responsible
31
digital platform corporation to give the data covered by
32
subsection (3) to the registered news business corporation.
33
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52S Change to algorithm or practice to bring about identified
1
alteration to distribution of content with significant effect
2
on referral traffic
3
(1) Subsection (2) applies if:
4
(a) a change is planned to be made to an algorithm or internal
5
practice of the designated digital platform service; and
6
(b) the dominant purpose of the change is to bring about an
7
identified alteration to the ways in which the designated
8
digital platform service distributes content that is made
9
available by the service; and
10
(c) the change is likely to have a significant effect on the referral
11
traffic from the designated digital platform service to the
12
covered news content of registered news businesses
13
(considered as a whole) that the service makes available.
14
(2) The responsible digital platform corporation for the designated
15
digital platform service must ensure that:
16
(a) notice of the change is given to the registered news business
17
corporation for each registered news business; and
18
(b) the notice is given:
19
(i) unless subparagraph (ii) applies--at least 14 days before
20
the change is made; or
21
(ii) if the change relates to a matter of urgent public
22
interest--no later than 48 hours after the change is
23
made; and
24
(c) the notice describes the change, and the effect mentioned in
25
paragraph (1)(c), in terms that are readily comprehensible;
26
and
27
(d) if there are other designated digital platform services of the
28
responsible digital platform corporation--the notice is given
29
in terms that relate specifically to the designated digital
30
platform service (and not in terms that relate to that service
31
and those other designated digital platform services in
32
aggregate).
33
(3) However, subsection (2) does not apply if the change is made
34
within 14 days after the day on which the registered news business
35
corporation was registered under section 52G.
36
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52T Change to algorithm or practice to bring about identified
1
alteration to distribution of content with significant effect
2
on referral traffic--paywalled content
3
(1) Subsection (2) applies if:
4
(a) a change is planned to be made to an algorithm or internal
5
practice of the designated digital platform service; and
6
(b) the dominant purpose of the change is to bring about an
7
identified alteration to the ways in which the designated
8
digital platform service distributes content that is made
9
available by the service; and
10
(c) the change is likely to have a significant effect on the referral
11
traffic from the designated digital platform service to the
12
content that the service makes available that:
13
(i) is covered news content; and
14
(ii) is behind paywalls of registered news businesses
15
(considered as a whole).
16
(2) The responsible digital platform corporation for the designated
17
digital platform service must ensure that:
18
(a) notice of the change is given to the registered news business
19
corporation for each registered news business; and
20
(b) the notice is given:
21
(i) unless subparagraph (ii) applies--at least 14 days before
22
the change is made; or
23
(ii) if the change relates to a matter of urgent public
24
interest--no later than 48 hours after the change is
25
made; and
26
(c) the notice describes the change, and the effect mentioned in
27
paragraph (1)(c), in terms that are readily comprehensible;
28
and
29
(d) if there are other designated digital platform services of the
30
responsible digital platform corporation--the notice is given
31
in terms that relate specifically to the designated digital
32
platform service (and not in terms that relate to that service
33
and those other designated digital platform services in
34
aggregate).
35
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(3) However, subsection (2) does not apply if the change is made
1
within 14 days after the day on which the registered news business
2
corporation was registered under section 52G.
3
52U Change to algorithm or practice to bring about identified
4
alteration to distribution of content with significant effect
5
on distribution of advertising
6
(1) Subsection (2) applies if:
7
(a) a change is planned to be made to an algorithm or internal
8
practice of the designated digital platform service; and
9
(b) the dominant purpose of the change is to bring about an
10
identified alteration to the ways in which the designated
11
digital platform service distributes content that is made
12
available by the service; and
13
(c) the change is likely to have a significant effect on the
14
distribution of advertising directly associated with the
15
registered news business' covered news content made
16
available by the designated digital platform service.
17
(2) The responsible digital platform corporation for the designated
18
digital platform service must ensure that:
19
(a) notice of the change is given to the registered news business
20
corporation for each registered news business; and
21
(b) the notice is given:
22
(i) unless subparagraph (ii) applies--at least 14 days before
23
the change is made; or
24
(ii) if the change relates to a matter of urgent public
25
interest--no later than 48 hours after the change is
26
made; and
27
(c) the notice describes the change, and the effect mentioned in
28
paragraph (1)(c), in terms that are readily comprehensible;
29
and
30
(d) if there are other designated digital platform services of the
31
responsible digital platform corporation--the notice is given
32
in terms that relate specifically to the designated digital
33
platform service (and not in terms that relate to that service
34
and those other designated digital platform services in
35
aggregate).
36
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(3) However, subsection (2) does not apply if the change is made
1
within 14 days after the day on which the registered news business
2
corporation was registered under section 52G.
3
52V Sections 52S, 52T and 52U--dominant purpose
4
For the purposes of paragraphs 52S(1)(b), 52T(1)(b) and
5
52U(1)(b), treat a change as
not
having the dominant purpose
6
mentioned in that paragraph if the change is any of the following:
7
(a) a change to an algorithm made as part of routine maintenance
8
with the dominant purpose of ensuring the ongoing
9
effectiveness of the algorithm;
10
(b) a change to an algorithm with the dominant purpose of
11
ensuring that the algorithm operates more quickly or more
12
efficiently.
13
52W Sections 52S and 52T--significant effect
14
(1) For the purposes of paragraphs 52S(1)(c) and 52T(1)(c), in
15
determining whether the change is likely to have the significant
16
effect mentioned in the paragraph, take into account the following
17
matters:
18
(a) whether, as a result of the change, there is likely to be a
19
significant variation to the amount of covered news content
20
made available by the designated digital platform service;
21
(b) whether, as a result of the change, there is likely to be a
22
significant variation to the proportion of content made
23
available by the designated digital platform service
24
represented by covered news content;
25
(c) any other relevant matter (subject to subsection (2)).
26
(2) For the purposes of paragraphs 52S(1)(c) and 52T(1)(c), in
27
determining whether the change is likely to have the significant
28
effect mentioned in the paragraph, disregard the following matters:
29
(a) whether, as a result of the change, there is likely to be a
30
significant variation to the proportion of covered news
31
content of all registered news businesses made available by
32
the designated digital platform service represented by the
33
covered news content of a particular registered news
34
business;
35
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(b) the relative turnover of registered news businesses whose
1
covered news content is made available by the designated
2
digital platform service;
3
(c) the relative volume of covered news content created by
4
registered news businesses whose covered news content is
5
made available by the designated digital platform service;
6
(d) the relative financial position of registered news businesses
7
whose covered news content is made available by the
8
designated digital platform service.
9
Subdivision C--Recognition of original covered news content
10
52X Recognition of original covered news content
11
The responsible digital platform corporation for the designated
12
digital platform service must ensure that:
13
(a) a proposal is developed for the designated digital platform
14
service to recognise original covered news content when it
15
makes available and distributes that content; and
16
(b) registered news business corporations are consulted in
17
developing that proposal before it is published; and
18
(c) the proposal is published no later than 6 months after the first
19
registration of a news business under section 52G.
20
Subdivision D--Facilitating open communication
21
52Y Facilitating open communication--responsible digital platform
22
corporation for designated digital platform service
23
The responsible digital platform corporation for a designated
24
digital platform service must:
25
(a) set up a point of contact in Australia for the purpose of this
26
section no later than 28 days after the Minister makes a
27
determination under section 52E specifying the designated
28
digital platform corporation; and
29
(b) if regulations made for the purposes of this paragraph specify
30
requirements for the point of contact--ensure that the point
31
of contact meets those requirements; and
32
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(c) give details of that point of contact to every registered news
1
business corporation:
2
(i) unless subparagraph (ii) applies--no later than 10
3
business days after the responsible digital platform
4
corporation sets up the point of contact; or
5
(ii) if the registered news business corporation is registered
6
under section 52G after the responsible digital platform
7
corporation sets up the point of contact--no later than
8
10 business days after the registered news business
9
corporation is registered under section 52G; and
10
(d) acknowledge every communication to that point of contact
11
from a registered news business corporation for a registered
12
news business that relates to the registered news business'
13
covered news content made available by the designated
14
digital platform service; and
15
(e) if regulations made for the purposes of this paragraph specify
16
requirements for the acknowledgement--ensure that the
17
acknowledgement meets those requirements.
18
52Z Facilitating open communication--registered news business
19
corporation for registered news business
20
A registered news business corporation for a registered news
21
business must:
22
(a) set up a point of contact for the purpose of this section no
23
later than the day on which the registered news business
24
corporation is registered under section 52G; and
25
(b) if regulations made for the purposes of this paragraph specify
26
requirements for the point of contact--ensure that the point
27
of contact meets those requirements; and
28
(c) acknowledge every communication to that point of contact
29
from a responsible digital platform corporation for a
30
designated digital platform service that relates to the
31
registered news business' covered news content made
32
available by that designated digital platform service; and
33
(d) if regulations made for the purposes of this paragraph specify
34
requirements for the acknowledgement--ensure that the
35
acknowledgement meets those requirements.
36
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Subdivision E--Trade secrets and personal information
1
52ZA Trade secrets
2
Nothing in this Division requires the giving of information the
3
disclosure of which would reveal a trade secret.
4
52ZB Personal information
5
Nothing in this Division requires or authorises the giving of
6
information that is personal information (within the meaning of the
7
Privacy Act 1988
).
8
Division 5--Non-differentiation
9
52ZC Digital service to be supplied without differentiating in
10
relation to registered news businesses
11
(1) This section applies if a responsible digital platform corporation
12
for a designated digital platform service, either by itself or together
13
with other corporations, operates or controls a digital service
14
(whether or not the designated digital platform service).
15
(2) The responsible digital platform corporation must ensure that the
16
supply of the digital service does not, in relation to crawling,
17
indexing, making available and distributing news businesses'
18
covered news content:
19
(a) differentiate between registered news businesses, because of
20
any of the following matters:
21
(i) a bargaining news business representative for a
22
registered news business making a notification under
23
52ZE(1), or not making such a notification;
24
(ii) a bargaining news business representative for a
25
registered news business giving a notice under 52ZL(2),
26
or not giving such a notice;
27
(iii) a registered news business being paid, or not being paid,
28
an amount of remuneration for the making available of
29
the registered news business' covered news content by a
30
designated digital platform service (whether or not the
31
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25
remuneration is paid in accordance with a determination
1
of a panel under section 52ZX));
2
(iv) a registered news business being the subject of, or not
3
being the subject of, an agreement of a kind described in
4
section 52ZZK or 52ZZL;
5
(v) a registered news business being the subject of, or not
6
being the subject of, an agreement resulting from the
7
acceptance of an offer of a kind described in
8
section 52ZZM; or
9
(b) differentiate between registered news businesses and news
10
businesses that are not registered news businesses, because of
11
any of the following matters:
12
(i) a matter mentioned in subparagraph (a)(i), (ii), (iii), (iv)
13
or (v);
14
(ii) a news business covered by subsection (3) being paid,
15
or not being paid, an amount of remuneration for the
16
making available of the news business' covered news
17
content by a designated digital platform service;
18
(iii) a news business covered by subsection (3) being the
19
subject of, or not being the subject of, an agreement of a
20
kind described in section 52ZZK or 52ZZL;
21
(iv) a news business covered by subsection (3) being the
22
subject of, or not being the subject of, an agreement
23
resulting from the acceptance of an offer of a kind
24
described in section 52ZZM.
25
(3) This subsection covers a news business if:
26
(a) the news business is not a registered news businesses; and
27
(b) none of the news sources that comprise the business form
28
part of a registered news business.
29
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Division 6--Bargaining
1
Subdivision A--Preliminary
2
52ZD Bargaining news business representative for a registered news
3
business
4
(1) The registered news business corporation for a registered news
5
business is the
bargaining news business representative
for the
6
registered news business.
7
(2) Subsection (3) applies if:
8
(a) a registered news business corporation for a registered news
9
business makes an agreement in writing with a person; and
10
(b) the agreement provides that the person should be the
11
bargaining news business representative for the registered
12
news business.
13
(3) Despite subsection (1), the person is the
bargaining news business
14
representative
for the registered news business.
15
(4) To avoid doubt, a person can be the bargaining news business
16
representative for 2 or more registered news businesses.
17
52ZE Notification of bargaining
18
(1) The bargaining news business representative for a registered news
19
business may notify a responsible digital platform corporation for a
20
designated digital platform service that it wishes to bargain over
21
one or more specified issues relating to the registered news
22
business' covered news content made available by the designated
23
digital platform service.
24
(2) If the bargaining news business representative is the bargaining
25
news business representative for 2 or more registered news
26
businesses, a notification made for the purposes of subsection (1)
27
may relate to some or all of those registered news businesses.
28
(3) If the responsible digital platform corporation is the responsible
29
digital platform corporation for 2 or more designated digital
30
platform services:
31
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(a) a notification made for the purposes of subsection (1) may
1
relate to some or all of those designated digital platform
2
services; and
3
(b) where the notification relates to more than one designated
4
digital platform service--treat references in this Division and
5
in Division 7 to the designated digital platform service as
6
including references to each of the designated digital
7
platform services to which the notification relates.
8
(4) A notification made for the purposes of subsection (1) must set out
9
the following matters:
10
(a) the bargaining news business representative;
11
(b) each registered news business to which the notification
12
relates;
13
(c) the designated digital platform service;
14
(d) the responsible digital platform corporation for the
15
designated digital platform service;
16
(e) the specified issues mentioned in subsection (1);
17
(f) if regulations made for the purposes of this paragraph specify
18
other matters--those matters.
19
(5) A notification made for the purposes of subsection (1) cannot be
20
later varied to relate to a registered news business that was not set
21
out in the notification.
22
Subdivision B--Bargaining obligations
23
52ZF Application of Subdivision
24
This Subdivision applies if a notification is made for the purposes
25
of subsection 52ZE(1).
26
52ZG Bargaining parties, core bargaining issues and represented
27
registered news businesses
28
(1) The
bargaining parties
are as follows:
29
(a) the bargaining news business representative that made the
30
notification;
31
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(b) the responsible digital platform corporation for the
1
designated digital platform service to which the notification
2
relates.
3
(2) The bargaining parties may agree, in writing, that they wish to
4
bargain over one or more extra specified issues relating to the
5
registered news business' covered news content made available by
6
any of the following:
7
(a) the designated digital platform service;
8
(b) specified services other than the designated digital platform
9
service.
10
(3) The
core bargaining issues
are:
11
(a) the specified issues in the notification (as mentioned in
12
paragraph 52ZE(4)(e)); and
13
(a) the specified issues in an agreement (if any) between the
14
bargaining parties as mentioned in subsection (2).
15
(4) Each registered news business to which the notification relates is a
16
represented registered news business
.
17
52ZH Obligation to negotiate in good faith
18
Each bargaining party must negotiate in good faith over each core
19
bargaining issue.
20
52ZI Obligation to notify Commission if agreement reached
21
If the bargaining parties reach agreement over each core bargaining
22
issue, they must ensure that a written notification of the agreement
23
is given to the Commission as soon as practicable.
24
Subdivision C--Miscellaneous
25
52ZJ Bargaining over other issues
26
To avoid doubt, nothing in this Division limits the bargaining
27
parties to negotiating only over the core bargaining issues.
28
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Division 7--Arbitration about remuneration issue
1
Subdivision A--Preliminary
2
52ZK Register of bargaining code arbitrators
3
(1) The ACMA must establish and keep a register of bargaining code
4
arbitrators.
5
(2) Each such person listed on the register must be:
6
(a) a person experienced in legal matters, economic matters or
7
industry matters; or
8
(b) a person who the ACMA considers has appropriate
9
experience to be a member of an arbitral panel for the
10
purposes of this Part.
11
(3) In listing a person on the register, the ACMA must consider
12
requirements (if any) specified in regulations made for the
13
purposes of this subsection.
14
Subdivision B--Starting arbitration
15
52ZL Notification of arbitration
16
(1) This section applies if:
17
(a) a notification has been made for the purposes of
18
subsection 52ZE(1) to a responsible digital platform
19
corporation for a designated digital platform service; and
20
(b) one of the core bargaining issues (the
remuneration issue
)
21
concerns the remuneration to be paid to a registered news
22
business for the making available of the registered news
23
business' covered news content by the designated digital
24
platform service.
25
(2) The bargaining party that is the bargaining news business
26
representative may give a notice to the Commission that arbitration
27
about the remuneration issue should start, if:
28
(a) the bargaining parties have not reached an agreement about
29
terms for resolving the remuneration issue within 3 months
30
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after the notification referred to in paragraph (1)(a) was
1
made; or
2
(b) the bargaining parties have agreed to arbitration about terms
3
for resolving the remuneration issue no earlier than 10
4
business days after that notification was made.
5
(3) The notice must:
6
(a) be in writing; and
7
(b) if regulations made for the purposes of this paragraph specify
8
requirements--meet those requirements.
9
(4) However, the bargaining party that is the bargaining news business
10
representative cannot give a notice under subsection (2) at a time
11
if, within the period of 24 months ending at that time, a notice has
12
been given under subsection (2) in respect of:
13
(a) the designated digital platform service mentioned in
14
paragraph (1)(a); and
15
(b) the registered news business mentioned in paragraph (1)(b).
16
(5) As soon as practicable after the Commission has been given a
17
notice under subsection (2), it must give the ACMA and each of
18
the bargaining parties a notice stating that:
19
(a) an arbitral panel is to be formed; and
20
(b) the members of the panel are to be appointed in accordance
21
with section 52ZM.
22
52ZM Formation of arbitral panel
23
(1) This section applies if a notice has been given under
24
subsection 52ZL(5).
25
(2) An arbitral panel is to be formed to arbitrate about the
26
remuneration issue.
27
(3) The membership of the panel is to be comprised of:
28
(a) the Chair; and
29
(b) unless the bargaining parties agree that the sole member of
30
the panel is the Chair--2 other members.
31
(4) The members of the panel are to be appointed by agreement
32
between the bargaining parties.
33
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(5) The bargaining parties may agree to appoint persons who are, or
1
are not, listed on the register of bargaining code arbitrators.
2
(6) If the bargaining parties agree on the appointment of one or more
3
of the members, each of the bargaining parties must give the
4
Commission and the ACMA a notice that:
5
(a) specifies:
6
(i) the name (or names) of the person (or persons)
7
appointed; and
8
(ii) the date of the agreement; and
9
(b) if regulations made for the purposes of this paragraph specify
10
other information--that information.
11
(7) For the purposes of subsection (6), the notice must be given no
12
later than the end of:
13
(a) the period of 10 business days after the notice was given
14
under subsection 52ZL(5); or
15
(b) if regulations made for the purposes of this paragraph specify
16
a different period--that period.
17
(8) If the bargaining parties cannot agree on the appointment of one or
18
more of the members within that period, the ACMA must make
19
that appointment or those appointments.
20
(9) The ACMA may only make an appointment of a person who is
21
listed on the register of bargaining code arbitrators.
22
52ZN Disclosure of conflicts of interest where ACMA appoints
23
member of panel
24
(1) Before the ACMA appoints a person to be a member of the panel,
25
the ACMA must give the person a reasonable opportunity to
26
declare actual or potential conflicts of interest in accordance with
27
subsection (2).
28
(2) Before a person accepts appointment as a member of the panel, the
29
person must declare to the ACMA any actual or potential conflict
30
of interest in relation to the arbitration.
31
(3) If the ACMA has reason to consider that a person who has been
32
appointed as a member of the panel has any actual or potential
33
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conflict of interest in relation to the arbitration (regardless whether
1
the person declared the conflict in accordance with subsection (2)):
2
(a) the ACMA may give a notice in writing to the person stating
3
that the person should no longer be a member of the panel;
4
and
5
(b) the person ceases to be a member of the panel when ACMA
6
gives the person the notice.
7
(4) If the ACMA gives a notice under paragraph (3)(a), the ACMA
8
must, as soon as practicable:
9
(a) give a copy of the notice to the bargaining parties; and
10
(b) make an appointment of another person as a member of the
11
panel.
12
(5) For the purposes of paragraph (4)(b), the ACMA may only make
13
an appointment of a person who is listed on the register of
14
bargaining code arbitrators.
15
(6) For the purposes of this section, a person has a conflict of interest
16
in relation to the arbitration if the person has any interest,
17
pecuniary or otherwise, that could conflict with the proper
18
performance of the person's functions in relation to the arbitration.
19
52ZO Costs of arbitral panel
20
(1) The bargaining parties must each pay half of the costs of each
21
member of the panel.
22
(2) Each member of the panel is to determine that member's costs,
23
worked out as daily costs.
24
(3) If regulations made for the purposes of this subsection specify rules
25
relating to those costs (including the amount of those costs), the
26
bargaining parties must comply with those rules.
27
52ZP Chair to notify start of arbitration
28
(1) The Chair must notify the bargaining parties that arbitration about
29
terms for resolving the remuneration issue will start on a specified
30
day that is no later than 5 business days (or, if the regulations
31
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specify a different period, the end of that period) after the
1
appointment of the Chair.
2
(2) The notice must:
3
(a) be in writing; and
4
(b) if regulations made for the purposes of this paragraph specify
5
requirements--meet those requirements.
6
52ZQ Bargaining parties' agreement about dealing with extra issues
7
in arbitration
8
(1) The bargaining parties may agree, in writing, that specified
9
services other than the designated digital platform service should
10
be dealt with in the arbitration.
11
(2) If the bargaining parties notify the Chair of the agreement before
12
the start of the arbitration, Subdivision C applies as if:
13
(a) the remuneration issue related to the designated digital
14
platform service and the specified services mentioned in
15
subsection (1); and
16
(b) references in that Subdivision to the designated digital
17
platform service included references to those specified
18
services.
19
(3) The notice must:
20
(a) be in writing; and
21
(b) if regulations made for the purposes of this paragraph specify
22
requirements--meet those requirements.
23
Subdivision C--Final offer arbitration
24
52ZR Application
25
This Subdivision applies if the Chair has given notice under
26
section 52ZP.
27
52ZS Obligation to participate in arbitration in good faith
28
Each bargaining party must participate in the arbitration in good
29
faith.
30
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52ZT Information request by bargaining party--general
1
(1) Each bargaining party may give the other bargaining party a
2
request that the other bargaining party give it specified information
3
if:
4
(a) the information is covered by subsection (2); and
5
(b) it is reasonable for the bargaining party to make the request
6
for the purposes of this Division; and
7
(c) the request is made no later than 5 business days after the
8
start of arbitration; and
9
(d) the bargaining party has not made a previous request under
10
this subsection in respect of the arbitration.
11
(2) This subsection covers information that is held by any of the
12
following:
13
(a) if the other bargaining party is the responsible digital
14
platform corporation:
15
(i) the responsible digital platform corporation;
16
(ii) a related body corporate of the responsible digital
17
platform corporation; or
18
(b) if the other bargaining party is the bargaining news business
19
representative:
20
(i) the registered news business corporation for the
21
represented registered news business;
22
(ii) a related body corporate of the registered news business
23
corporation for the represented registered news
24
business.
25
(3) A request under subsection (1) must:
26
(a) be made in writing; and
27
(b) set out reasons why it is reasonable for the bargaining party
28
to make the request for the purposes of this Division; and
29
(c) if regulations made for the purposes of this paragraph specify
30
other requirements--comply with those requirements.
31
(4) The bargaining party must give a copy of the request to the panel
32
on the same day that it gives the request to the other bargaining
33
party.
34
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(5) If a bargaining party makes a request under subsection (1), the
1
other bargaining party must ensure that:
2
(a) the request is complied with no later than 10 business days
3
after:
4
(i) unless subparagraph (ii) applies--the request was given
5
to the other bargaining party; or
6
(ii) if an application is made under subsection 52ZU(1)--
7
the panel makes a ruling under subsection 52ZU(3); and
8
(b) the information requested is given in terms that are readily
9
comprehensible; and
10
(c) if the other bargaining party is the responsible digital
11
platform corporation and there are other designated digital
12
platform services of the responsible digital platform
13
corporation--the information is given in terms that relate
14
specifically to the designated digital platform service (and
15
not in terms that relate to that service and those other
16
designated
digital platform services in aggregate); and
17
(d) if regulations made for the purposes of this paragraph specify
18
other requirements for that information--those requirements
19
are satisfied.
20
52ZU Information request by bargaining party--challenges by
21
other bargaining party
22
(1) The other bargaining party may apply to the panel, in writing, for a
23
ruling that it is
not
reasonable for the bargaining party to make the
24
request for the purposes of this Division, in relation to all or a
25
specified part of the information requested.
26
(2) An application under subsection (1) can be made no later than 10
27
business days after the bargaining party gives the request to the
28
other bargaining party.
29
(3) If an application is made under subsection (1), the panel must make
30
a ruling in relation to it no later than 10 business days after it is
31
made.
32
(4) The ruling may relate to all or a specified part of the information
33
requested.
34
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(5) In making the ruling, the panel must consider the matters
1
mentioned in subsection 52ZZ(1).
2
(6) Nothing in section 52ZT requires the giving of information to the
3
extent (if any) that the panel makes a ruling under subsection (3)
4
that it was
not
reasonable for the bargaining party to make the
5
request for the purposes of this Division, in relation to all or a
6
specified part of the information requested.
7
52ZV Information request by bargaining party--miscellaneous
8
rules
9
(1) Nothing in section 52ZT requires the giving of information the
10
disclosure of which would reveal a trade secret.
11
(2) Nothing in section 52ZT requires or authorises the giving of
12
information that is personal information (within the meaning of the
13
Privacy Act 1988
).
14
(3) If a bargaining party gives information to the other bargaining
15
party in order to comply with subsection 52ZT(5), the other
16
bargaining party must ensure that the information is not used for a
17
purpose other than a purpose in relation to arbitration under this
18
Division.
19
(4) Subsection (5) applies if:
20
(a) there is a reference to a number of business days in a
21
provision in section 52ZT or 52ZU; and
22
(b) regulations made for the purposes of this paragraph specify a
23
different number of business days in respect of that
24
provision.
25
(5) Treat that reference in the provision as being to the number of
26
business days specified in the regulations as mentioned in
27
paragraph (4)(b).
28
52ZW Agreed early termination of arbitration
29
(1) This section applies if:
30
(a) the bargaining parties agree that the arbitration should
31
terminate; and
32
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(b) the panel did not make a determination in accordance with
1
subsection 52ZX(1) before the agreement was made; and
2
(c) no information was given by a bargaining party in order to
3
comply with a request made under subsection 52ZT(1) before
4
the agreement was made.
5
(2) The parties must notify the Chair of the agreement as soon as
6
practicable after the day on which the agreement is made.
7
(3) The arbitration terminates in accordance with that agreement, but
8
no earlier than the day on which parties notify the Chair of the
9
agreement in accordance with subsection (2).
10
(4) However, if the parties fail to comply with subsection (2):
11
(a) subsection (3) does not apply; and
12
(b) the agreement does not affect the validity of the arbitration or
13
any aspect of the arbitration.
14
52ZX Final offer arbitration
15
(1) The panel is to make a determination under this subsection about
16
the terms for resolving the remuneration issue that:
17
(a) is in accordance with subsections (7), (8) and (9) (final offer
18
arbitration); and
19
(b) sets out an amount (the
remuneration amount
) for
20
remunerating the registered news business for the making
21
available of the registered news business' covered news
22
content by the designated digital platform service for 2 years.
23
(2) Each of the bargaining parties must:
24
(a) submit to the panel a final offer for what the remuneration
25
amount should be; and
26
(b) give a copy of the final offer to the Commission on the same
27
day that it submits the final offer to the panel.
28
(3) If a bargaining party gives a copy of the final offer to the
29
Commission, the Commission must give a copy of the final offer to
30
the other bargaining party as soon as practicable.
31
(4) A final offer:
32
(a) cannot be submitted later than the latest of the following:
33
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(i) the end of the period of 10 business days after the day
1
on which the arbitration starts;
2
(ii) if a bargaining party makes a request under
3
subsection 52ZT(1) (information requests)--the end of
4
the period of 10 business days after the latest day on
5
which the other bargaining party may comply with the
6
request in accordance with subsection 52ZT(5);
7
(iii) if a bargaining party makes an application under
8
subsection 52ZU(1) (challenges to information
9
requests)--the end of the period of 10 business days
10
after the day on which the panel makes a ruling in
11
relation to the application under subsection 52ZU(3);
12
(iv) if regulations made for the purposes of this
13
subparagraph specify a different period--the end of that
14
period;
15
(v) if the panel considers that exceptional circumstances
16
justify a different period--the end of that period; and
17
(b) cannot be more than 30 pages in length.
18
(5) An offer that does not comply with subsection (4) is not a final
19
offer for the purposes of this Division.
20
(6) A final offer, once submitted, cannot be withdrawn or amended.
21
(7) The panel must accept one of the final offers unless the panel
22
considers that each final offer is not in the public interest because it
23
is highly likely to result in serious detriment to:
24
(a) the provision of covered news content in Australia; or
25
(b) Australian consumers.
26
(8) If the panel does not accept one of those final offers, it must
27
ascertain the remuneration amount by adjusting the most
28
reasonable of those offers in a manner that results in that offer
29
being in the public interest.
30
(9) If one bargaining party fails to submit to the panel a final offer for
31
what the remuneration amount should be, in accordance with
32
subsection (4), the panel must:
33
(a) accept the final offer submitted by the other bargaining party,
34
in accordance with subsection (7); or
35
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(b) ascertain the remuneration amount by adjusting the final
1
offer submitted by the other party, in accordance with
2
subsection (8).
3
52ZY Final offer arbitration--termination of arbitration if no final
4
offers
5
If both bargaining parties fail to submit to the panel a final offer for
6
what the remuneration amount should be, the arbitration terminates
7
on the day after the last day on which such a final offer could have
8
been submitted in accordance with subsection 52ZX(4).
9
52ZZ Matters to consider in arbitration, etc.
10
(1) In making a determination under subsection 52ZX(1) (including in
11
complying with subsections 52ZX(7), (8) and (9)), the panel must
12
consider the following matters:
13
(a) the benefit (whether monetary or otherwise) of the registered
14
news business' covered news content to the designated
15
digital platform service;
16
(b) the benefit (whether monetary or otherwise) to the registered
17
news business of the designated digital platform service
18
making available the registered news business' covered news
19
content;
20
(c) the cost to the registered news business of producing covered
21
news content;
22
(d) whether a particular remuneration amount would place an
23
undue burden on the commercial interests of the designated
24
digital platform service.
25
(2) In considering the matters set out in subsection (1), the panel must
26
consider the bargaining power imbalance between Australian news
27
businesses and the designated digital platform corporation.
28
52ZZA Other requirements for arbitration determination
29
(1) The panel must make the determination no later than 35 business
30
days (or, if the regulations specify a different period, the end of
31
that period) after the latest of the following days:
32
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(a) the last day on which a final offer may be submitted in
1
accordance with subsection 52ZX(4);
2
(b) the last day on which a submission may be given by a
3
bargaining party in accordance with subsection 52ZZB(1);
4
(c) the last day on which a submission may be given by the
5
Commission in accordance with subsection 52ZZC(1);
6
(d) the last day on which a submission may be given by a
7
bargaining party in accordance with subsection 52ZZC(3).
8
(2) If the Chair is not the sole member of the panel:
9
(a) the panel must endeavour to make the determination by
10
unanimous decision of the members of the panel; and
11
(b) where a unanimous decision is not possible, the panel must
12
make the determination by majority decision of the members
13
of the panel.
14
(3) The panel must, as soon as practicable, give written reasons for
15
making the determination to the bargaining parties and the
16
Commission.
17
(4) Those written reasons must contain the information (if any)
18
specified in regulations made for the purposes of this subsection.
19
52ZZB Submissions of bargaining parties
20
(1) Each bargaining party may give to the panel a submission about
21
the final offer of the other bargaining party, no later than 5
22
business days (or, if the regulations specify a different period, the
23
end of that period) after the panel has received both final offers (in
24
accordance with paragraph 52ZX(2)(a)).
25
(2) The submission can only deal with issues that are dealt with in any
26
material accompanying either of the final offers.
27
(3) The submission cannot be more than 20 pages in length.
28
(4) If a bargaining party gives the panel a submission under
29
subsection (1):
30
(a) the bargaining party must give a copy of the submission to
31
the Commission on the same day that it gives the submission
32
to the panel; and
33
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(b) if the Commission is given a copy of the submission under
1
paragraph (a), the Commission must give a copy of the
2
submission to the other bargaining party as soon as
3
practicable.
4
52ZZC Role of Commission
5
(1) The Commission may give to the panel a submission about both
6
final offers, no later than 10 business days (or, if the regulations
7
specify a different period, the end of that period) after the
8
Commission has received both final offers (in accordance with
9
paragraph 52ZX(2)(b)).
10
(2) If the Commission gives the panel a submission under
11
subsection (1), it must give the bargaining parties a copy of the
12
submission on the same day that it gives the submission to the
13
panel.
14
(3) Each bargaining party may give to the panel a submission about
15
the Commission's submission, no later than 5 business days after
16
the bargaining party has received the Commission's submission.
17
(4) The bargaining party's submission cannot be more than 20 pages in
18
length.
19
(5) If a bargaining party gives the panel a submission under
20
subsection (3):
21
(a) the bargaining party must give a copy of the submission to
22
the Commission on the same day that it gives the submission
23
to the panel; and
24
(b) if the Commission is given a copy of the submission under
25
paragraph (a), the Commission must give a copy of the
26
submission to the other bargaining party as soon as
27
practicable.
28
52ZZD Guidelines about conduct of arbitration
29
(1) The Commission may, in writing, make guidelines relating to the
30
conduct of an arbitration under this Division.
31
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(2) However, the Commission cannot include in the guidelines a
1
provision that relates to any of the following matters unless the
2
Minister has approved the provision, in writing:
3
(a) how a panel makes a ruling under subsection 52ZU(3)
4
(information requests);
5
(b) the content of final offers made by bargaining parties in
6
accordance with subsection 52ZX(2);
7
(c) the content of submissions given by bargaining parties in
8
accordance with subsection 52ZZB(1);
9
(d) how a panel makes a determination in accordance with
10
subsection 52ZX(1).
11
(3) A panel may take the guidelines into account in conducting an
12
arbitration under this Division.
13
(4) However:
14
(a) the panel need not take the guidelines into account in
15
conducting the arbitration; and
16
(b) a failure by the panel to take the guidelines into account in
17
conducting the arbitration does not affect the validity of the
18
arbitration or any aspect of the arbitration.
19
(5) The Commission must publish the guidelines on its website as soon
20
as practicable.
21
(6) General information made available by the Commission in
22
accordance with subsection 28(1) must not relate to the conduct of
23
an arbitration under this Division.
24
(7) Guidelines made under subsection (1) are not a legislative
25
instrument.
26
Subdivision D--Effect of arbitral determination
27
52ZZE Bargaining parties must comply with the determination
28
The bargaining parties must comply with a determination made by
29
the panel in accordance with subsection 52ZX(1).
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Division 8--Enforcement etc.
1
52ZZF Record generating and keeping
2
(1) A responsible digital platform corporation for a designated digital
3
platform service must comply with requirements specified in
4
regulations made for the purposes of subsection (2).
5
(2) The regulations may specify requirements for the generation and
6
keeping of records relating to the operation of this Part.
7
(3) Division 5 of Part IVB applies in relation to subsection (1) in the
8
same way in which it applies in relation to an applicable industry
9
code (within the meaning of that Part).
10
(4) This section does not limit section 155 (which is about the general
11
information-gathering powers of the Commission).
12
52ZZG Infringement notices--Division 4 of this Part
13
(1) Subject to subsection (2), Division 2A of Part IVB applies in
14
relation to an alleged contravention of a provision of Division 4 of
15
this Part in the same way in which it applies in relation to an
16
alleged contravention of a civil penalty provision of an industry
17
code (within the meaning of that Part).
18
(2) For the purposes of applying Division 2A of Part IVB in
19
accordance with subsection (1), treat the reference in
20
paragraph 51ACF(a) to 50 penalty units as being a reference to 600
21
penalty units.
22
52ZZH Joint and several liability for pecuniary liabilities
23
(1) Subsection (2) applies if:
24
(a) a responsible digital platform corporation for a designated
25
digital platform service is liable to a pecuniary penalty in
26
accordance with section 76 because it contravened a
27
provision of this Part; and
28
(b) the responsible digital platform corporation is not the
29
service's designated digital platform corporation.
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(2) The responsible digital platform corporation and the service's
1
designated digital platform corporation are jointly and severally
2
liable for the pecuniary penalty.
3
Division 9--Agreements between digital platform
4
corporations and registered news business
5
corporations
6
52ZZI Simplified outline of this Division
7
Responsible digital platform corporations may make standard
8
offers relating to remuneration for registered news business
9
corporations. If an offer is accepted by a registered news
10
business corporation, rules under this Part relating to
11
bargaining and arbitration do not apply to the parties to the
12
contract.
13
Responsible digital platform corporations (and related bodies
14
corporate) may also make agreements outside this Part to
15
disapply rules under this Part relating to bargaining,
16
arbitration and other matters.
17
Responsible digital platform corporations (and related bodies
18
corporate) may also make offers relating to such matters under
19
this Part.
20
52ZZJ Standard offers--content
21
(1) An offer by a responsible digital platform corporation for a
22
designated digital platform corporation complies with this
23
subsection if:
24
(a) the responsible digital platform corporation makes the offer
25
to each registered news business corporation covered by
26
subsection (2) (a
covered RNBC
); and
27
(b) the offer provides for the matters in subsection (3)
28
(acceptance procedure); and
29
(c) the offer provides that a binding agreement resulting from it
30
will have:
31
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(i) the features mentioned in subsection (4) (formal
1
matters); and
2
(ii) the features mentioned in subsection (5) (remuneration).
3
(2) A registered news business corporation is covered by this
4
subsection unless:
5
(a) regulations made for the purposes of this paragraph specify a
6
kind or kinds of registered news business corporation; and
7
(b) the registered news business corporation is not of that kind or
8
one of those kinds.
9
(3) For the purposes of paragraph (1)(b), the matters are as follows:
10
(a) a covered RNBC may accept the offer before the end of the
11
offer period;
12
(b) subject to paragraphs (c) and (d), such an acceptance
13
becomes final, and a resulting agreement between the
14
responsible digital platform corporation and the covered
15
RNBC becomes binding, at the end of the offer period;
16
(c) the covered RNBC may revoke such an acceptance before the
17
end of the offer period;
18
(d) the responsible digital platform corporation may revoke the
19
offer before the end of the offer period.
20
(4) For the purposes of subparagraph (1)(c)(i), the features of the
21
agreement are as follows:
22
(a) the agreement provides that it covers specified corporations
23
(the
covered corporations
); and
24
(b) each covered corporation is:
25
(i) the responsible digital platform corporation; or
26
(ii) a related body corporate of the responsible digital
27
platform corporation; or
28
(iii) the registered news business corporation; or
29
(iv) a related body corporate of the registered news business
30
corporation; and
31
(c) the agreement specifies a 2 year period (the
covered period
)
32
during which it is in force; and
33
(d) the agreement specifies one or more designated digital
34
platform services or other services (the
covered services
) of
35
the designated digital platform corporation; and
36
Schedule 1
Digital platforms and Australian news businesses
Part 1
Main amendments
46
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(e) the agreement expressly provides that some or all provisions
1
mentioned in subsection 52ZZK(4) (the
specified provisions
)
2
are not to apply to the extent that they would impose an
3
obligation on one covered corporation in respect of another
4
covered corporation in relation to the covered services.
5
(5) For the purposes of subparagraph (1)(c)(ii), the features of the
6
agreement are as follows:
7
(a) the agreement specifies that the responsible digital platform
8
corporation will ensure the payment of remuneration to the
9
covered RNBC (or a related body corporate of the covered
10
RNBC) for the making available of the registered news
11
business' covered news content by one or more of the
12
covered services, in respect of the covered period; and
13
(b) if regulations made for the purposes of this paragraph specify
14
other features--those features.
15
(6) Regulations made for the purposes of paragraph (5)(b) may specify
16
features relating to the amount of the remuneration mentioned in
17
paragraph (5)(a) (including features that require the determination
18
of that remuneration to be based on specified factors).
19
(7) Subsection (6) does not limit the scope of regulations that may be
20
made for the purposes of paragraph (5)(b).
21
(8) The
offer period
is the period that:
22
(a) starts when the responsible digital platform corporation gives
23
a copy of the offer to a covered RNBC; and
24
(b) ends:
25
(i) unless subparagraph (ii) applies--60 days after the
26
period starts; or
27
(ii) if regulations made for the purposes of this
28
subparagraph specify a different day--on that day.
29
(9) To avoid doubt, this section does not prevent the making of other
30
kinds of offers or agreements.
31
52ZZK Standard offers--consequences of agreement
32
(1) Subsection (2) applies if:
33
Digital platforms and Australian news businesses
Schedule 1
Main amendments
Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
47
(a) a responsible digital platform corporation for a designated
1
digital platform corporation makes an offer to make a
2
binding agreement; and
3
(b) the offer complies with subsection 52ZZJ(1); and
4
(c) the responsible digital platform corporation has given a copy
5
of the offer to all registered news business corporations
6
covered by subsection 52ZZJ(2); and
7
(d) a registered news business corporation for a registered news
8
business has accepted the offer, and the resulting agreement
9
has become binding on the responsible digital platform
10
corporation and the registered news business corporation;
11
and
12
(e) the parties to the agreement notify the Commission, in
13
writing, that the agreement has become binding.
14
(2) The specified provisions do not apply to the extent that
15
(disregarding this subsection) they impose an obligation on one
16
covered corporation in respect of another covered corporation in
17
relation to the covered services that are designated digital platform
18
services.
19
(3) However, subsection (2) does not apply if, before the agreement
20
became binding, a notification has been made for the purposes of
21
subsection 52ZE(1) to the responsible digital platform corporation,
22
in relation to the registered news business.
23
(4) The provisions are as follows:
24
(a) Division 6 (bargaining);
25
(b) Division 7 (arbitration about remuneration issue).
26
52ZZL Contracting out of general requirements, bargaining and
27
arbitration
28
(1) Subsection (2) applies if:
29
(a) a responsible digital platform corporation for a designated
30
digital platform corporation (or a related body corporate of
31
such a responsible digital platform corporation) makes a
32
binding agreement with another corporation (the
news
33
business corporation
); and
34
Schedule 1
Digital platforms and Australian news businesses
Part 1
Main amendments
48
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(b) the agreement provides that it covers specified corporations
1
(the
covered corporations
); and
2
(c) each covered corporation is:
3
(i) the responsible digital platform corporation; or
4
(ii) a related body corporate of the responsible digital
5
platform corporation; or
6
(iii) the news business corporation; or
7
(iv) a related body corporate of the news business
8
corporation; and
9
(d) the agreement specifies the period (the
covered period
)
10
during which it is in force; and
11
(e) the agreement specifies one or more designated digital
12
platform services or other services (the
covered services
) of
13
the designated digital platform corporation; and
14
(f) the agreement expressly provides that some or all provisions
15
mentioned in subsection (4) (the
specified provisions
) are not
16
to apply to the extent that they would impose an obligation
17
on one covered corporation in respect of another covered
18
corporation in relation to the covered services; and
19
(g) the parties to the agreement notify the Commission, in
20
writing, that the agreement has been made.
21
(2) The specified provisions do not apply to the extent that
22
(disregarding this subsection) they impose an obligation on one
23
covered corporation in respect of another covered corporation in
24
relation to the covered services that are designated digital platform
25
services.
26
(3) However, subsection (2) does not apply if:
27
(a) an arbitration under Division 7 started in relation to any of
28
the covered services in respect of the payment of
29
remuneration, for a period starting or ending in the covered
30
period, to the news business corporation (or a related body
31
corporate of the news business corporation); and
32
(b) before the agreement was made:
33
(i) the panel made a determination in accordance with
34
subsection 52ZX(1); or
35
(ii) a bargaining party gave information in order to comply
36
with a request made under subsection 52ZT(1).
37
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Schedule 1
Main amendments
Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
49
(4) The provisions are as follows:
1
(a) Division 4 (general requirements);
2
(b) Division 6 (bargaining);
3
(c) Division 7 (arbitration about remuneration issue).
4
52ZZM Offers relating to general requirements, bargaining and
5
arbitration not prohibited
6
(1) To avoid doubt, nothing in this Part prevents a responsible digital
7
platform corporation for a designated digital platform corporation
8
(or a related body corporate of such a responsible digital platform
9
corporation) from making an offer, to corporations covered by
10
subsection (2) in general, to make an agreement of a kind described
11
in paragraphs 52ZZL(1)(a) to (f).
12
(2) This subsection covers a corporation that, either by itself or
13
together with other corporations, operates or controls a news
14
business.
15
(3) To avoid doubt:
16
(a) the offer may provide that it is not subject to further
17
negotiations; and
18
(b) this section does not prevent the making of other kinds of
19
offer.
20
Division 10--Powers and functions of the ACMA in
21
relation to this Part
22
52ZZN Powers of the ACMA to obtain information etc.
23
Application of Broadcasting Services Act 1992
24
(1) Subject to this Division, Parts 13 and 14B of the
Broadcasting
25
Services Act 1992
, and any other provisions of that Act to the
26
extent that they relate to either of those Parts, apply as if:
27
(a) a reference in Part 13 of the
Broadcasting Services Act 1992
28
to the ACMA's broadcasting, content and datacasting
29
functions included a reference to the powers and functions of
30
the ACMA under Part IVBA of this Act; and
31
Schedule 1
Digital platforms and Australian news businesses
Part 1
Main amendments
50
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(b) the references in paragraphs 168(2)(b) and 187(2)(b) of that
1
Act to the "due administration of this Act" included a
2
reference to the due administration of Part IVBA of this Act.
3
Note:
Part 13 of the
Broadcasting Services Act 1992
deals with
4
information-gathering by the ACMA, and Part 14B of that Act deals
5
with civil penalties.
6
Offences and civil penalty provisions
7
(2) For the purposes of applying the
Broadcasting Services Act 1992
in
8
relation to this Part in accordance with subsection (1):
9
(a) omit the penalty in section 201 of that Act and instead treat
10
that section as if it were a civil penalty provision for the
11
purposes of that Act; and
12
(b) disregard subsections 202(1) and (2) of that Act; and
13
(c) disregard subsections 205F(4) and (5) of that Act; and
14
(d) treat the maximum penalty for a contravention of a civil
15
penalty provision of Part 13 or 14B of that Act (including a
16
contravention of a provision that is treated as a civil penalty
17
provision because of this section) as being 600 penalty units.
18
52ZZO No Ministerial directions to the ACMA in relation to this
19
Part
20
(1) Section 14 of the
Australian Communications and Media Authority
21
Act 2005
does not apply in relation to the performance of the
22
ACMA's functions, or the exercise of the ACMA's powers, under:
23
(a) this Part; or
24
(b) Part 13 of the
Broadcasting Services Act 1992
, as it applies in
25
relation to this Part because 52ZZN of this Act.
26
(2) Subsection (3) applies for the purposes of applying Part 13 (the
27
applied Part
) of the
Broadcasting Services Act 1992
in relation to
28
this Part in accordance with section 52ZZN of this Act.
29
(3) Disregard any provision in the applied Part to extent that the
30
provision allows the Minister (within the meaning of the provision)
31
to give a direction to the ACMA that relates to the performance of
32
the ACMA's functions, or the exercise of the ACMA's powers,
33
under this Part.
34
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Schedule 1
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Part 1
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
51
Division 11--Miscellaneous
1
52ZZP Exceptions to Part IV
2
For the purposes of subsection 51(1), an arrangement between 2 or
3
more registered news business corporations is specified and
4
specifically authorised if it is an arrangement for the purposes of
5
negotiating, under or in relation to this Part, with a responsible
6
digital platform corporation in relation to covered news content.
7
52ZZQ Concurrent operation of State and Territory laws
8
It is the Parliament's intention that a law of a State or Territory
9
should be able to operate concurrently with this Part unless the law
10
is directly inconsistent with this Part.
11
52ZZR Giving information and producing documents by electronic
12
means
13
Paragraphs 9(1)(d) and (2)(d) and 11(1)(e) and (2)(e) of the
14
Electronic Transactions Act 1999
do not apply to a requirement, or
15
permission, under this Part to give information in writing or
16
produce a document.
17
Note:
Those paragraphs of the
Electronic Transactions Act 1999
deal with
18
the consent of the recipient of information or documents to the
19
information being given, or the documents being produced, by way of
20
electronic communication.
21
52ZZS Review of operation of this Part
22
(1) Within the period of 12 months after the commencement of this
23
Part, the Minister must cause a review of the operation of the Part
24
to be commenced.
25
(2) The review must be completed no later than 12 months after the
26
commencement of the review.
27
(3) A written report of the review must be given to the Minister and
28
the Communications Minister (within the meaning of the
National
29
Broadband Network Companies Act 2011
).
30
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Main amendments
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Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(4) The Minister must ensure that copies of the report are available for
1
public inspection as soon as practicable after the period of 28 days
2
beginning on the day the report is given to the Minister.
3
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Schedule 1
Other amendments
Part 2
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
53
Part 2--Other amendments
1
Competition and Consumer Act 2010
2
2 After paragraph 2B(1)(a)
3
Insert:
4
(aaa) Part IVBA;
5
3 After paragraph 5(1)(a)
6
Insert:
7
(aa) Part IVBA;
8
4 Paragraph 5(1)(f)
9
After "(a),", insert "(aa),".
10
5 Paragraph 29(1A)(a)
11
After "IV,", insert "IVBA,".
12
6 Subsection 75B(1)
13
Omit "or IVB", substitute ", IVB or IVBA".
14
7 After subparagraph 76(1)(a)(i)
15
Insert:
16
(iaa) a provision of Part IVBA specified in subsection (4A);
17
8 Paragraph 76(1A)(b)
18
After "or that relates to", insert "section 52ZC, 52ZH, 52ZS or
19
52ZZE,".
20
9 After paragraph 76(1A)(b)
21
Insert:
22
(baa) for each act or omission to which this section applies that
23
relates to a provision of Division 4 of Part IVBA--6000
24
penalty units;
25
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Part 2
Other amendments
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Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
No. , 2020
(bab) for each act or omission to which this section applies that
1
relates to section 52J or 52ZI or subsection 52ZT(5),
2
52ZV(3) or 52ZZF(1)--600 penalty units;
3
10 After subsection 76(4)
4
Insert:
5
Specified provisions of Part IVBA
6
(4A) For the purposes of subparagraph 76(1)(a)(iaa), the following
7
provisions of Part IVBA are specified:
8
(a) section 52J;
9
(b) section 52ZI;
10
(c) a provision of Division 4 of Part IVBA;
11
(d) section 52ZC;
12
(e) section 52ZH;
13
(f) section 52ZS;
14
(g) subsection 52ZT(5);
15
(h) subsection 52ZV(3);
16
(i) section 52ZZE;
17
(j) subsection 52ZZF(1).
18
11 After subparagraph 80(1)(a)(ii)
19
Insert:
20
(iiaa) a provision of Part IVBA;
21
12 Paragraph 82(1)(a)
22
Omit "or IVB", substitute ", IVB or IVBA".
23
13 Subparagraph 83(1)(b)(i)
24
Omit "or IVB", substitute ", IVB or IVBA".
25
14 Paragraphs 84(1)(b) and (3)(b)
26
After "Part IVB", insert "or IVBA".
27
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Part 2
No. , 2020
Treasury Laws Amendment (News Media and Digital Platforms
Mandatory Bargaining Code) Bill 2020
55
15 Subsection 86C(4) (paragraph (a) of the definition of
1
contravening conduct
)
2
Omit "or IVB", substitute ", IVB or IVBA".
3
16 Subsection 87(1)
4
Omit "or Division 2 of Part IVB", substitute ", Division 2 of Part IVB,
5
or Part IVBA".
6
17 Paragraphs 87(1A)(a) and (b)
7
After "Division 2 of Part IVB,", insert "Part IVBA,".
8
18 Subsection 87(1C)
9
After "Division 2 of Part IVB,", insert "Part IVBA,".
10
19 After subparagraph 155(2)(b)(ia)
11
Insert:
12
(ib) a designated digital platform matter (as defined by
13
subsection (9AB) of this section); or
14
20 After subsection 155(9AA)
15
Insert:
16
(9AB) A reference in this section to a
designated digital platform matter
17
is a reference to the performance of a function, or the exercise of a
18
power, conferred on the Commission by or under:
19
(a) Part IVBA; or
20
(b) regulations made under this Act for the purposes of that Part.
21
21 Subsection 155AAA(21) (paragraph (a) of the definition of
22
core statutory provision
)
23
After "Part IV,", insert "IVBA,".
24