Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 52ZT

Information request by bargaining party--general

  (1)   Each bargaining party may give the other bargaining party a request that the other bargaining party give it specified information if:

  (a)   the information is covered by subsection   (2); and

  (b)   it is reasonable for the bargaining party to make the request for the purposes of this Division; and

  (c)   the request is made no later than 5 business days after the start of arbitration; and

  (d)   the bargaining party has not made a previous request under this subsection in respect of the arbitration.

  (2)   This subsection covers information that is held by any of the following:

  (a)   if the other bargaining party is the responsible digital platform corporation:

  (i)   the responsible digital platform corporation;

  (ii)   a related body corporate of the responsible digital platform corporation; or

  (b)   if the other bargaining party is the bargaining news business representative:

  (i)   the registered news business corporation for the represented registered news business;

  (ii)   a related body corporate of the registered news business corporation for the represented registered news business.

  (3)   A request under subsection   (1) must:

  (a)   be made in writing; and

  (b)   set out reasons why it is reasonable for the bargaining party to make the request for the purposes of this Division; and

  (c)   if regulations made for the purposes of this paragraph specify other requirements--comply with those requirements.

  (4)   The bargaining party must give a copy of the request to the panel on the same day that it gives the request to the other bargaining party.

  (5)   If a bargaining party makes a request under subsection   (1), the other bargaining party must ensure that:

  (a)   the request is complied with no later than 10 business days after:

  (i)   unless subparagraph   (ii) applies--the request was given to the other bargaining party; or

  (ii)   if an application is made under subsection   52ZU(1)--the panel makes a ruling under subsection   52ZU(3); and

  (b)   the information requested is given in terms that are readily comprehensible; and

  (c)   if the other bargaining party is the responsible digital platform corporation and there are other designated digital platform services of the responsible digital platform corporation--the information is given in terms that relate specifically to the designated digital platform service (and not in terms that relate to that service and those other designated digital platform services in aggregate); and

  (d)   if regulations made for the purposes of this paragraph specify other requirements for that information--those requirements are satisfied.


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