Treasury Laws Amendment (News

Media and Digital Platforms Mandatory

Bargaining Code) Act 2021

No. 21, 2021

An Act to amend the Competition and Consumer Act

2010 in relation to digital platforms, and for related
purposes

Note: An electronic version of this Act is available on the Federal Register of Legislation
(https://www.legislation.gov.au/)

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Contents
1 Short title ........................................................................................... 2
2 Commencement ................................................................................. 2
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 55

Competition and Consumer Act 2010 55

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Treasury Laws Amendment (News
Media and Digital Platforms Mandatory
Bargaining Code) Act 2021

No. 21, 2021

An Act to amend the Competition and Consumer Act

2010 in relation to digital platforms, and for related
purposes
[Assented to 2 March 2021]

The Parliament of Australia enacts:

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1 Short title
This Act is the Treasury Laws Amendment (News Media and
Digital Platforms Mandatory Bargaining Code) Act 2021.

2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 The day after this Act receives the Royal 3 March 2021
and anything in Assent.
this Act not
elsewhere covered
by this table
2. Schedule 1 The day after this Act receives the Royal 3 March 2021
Assent.
Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.

(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.

3 Schedules
Legislation that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.

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Schedule 1—Digital platforms and Australian

news businesses
Part 1—Main amendments

Competition and Consumer Act 2010

1 After Part IVB
Insert:

Part IVBA—News media and digital platforms

mandatory bargaining code
Division 1—Basic concepts

52A Definitions
In this Part:
ACMA means the Australian Communications and Media
Authority.
bargaining news business representative, for a registered news
business, has the meaning given by section 52ZD.
bargaining parties has the meaning given by section 52ZG.
core bargaining issues has the meaning given by section 52ZG.
core news content means content that reports, investigates or
explains:
(a) issues or events that are relevant in engaging Australians in
public debate and in informing democratic decision-making;
or
(b) current issues or events of public significance for Australians
at a local, regional or national level.
covered news content means content that is any of the following:
(a) core news content;

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(b) content that reports, investigates or explains current issues or

events of interest to Australians.
designated digital platform corporation means a corporation that
is specified as a designated digital platform corporation in a
determination under section 52E.
designated digital platform service, of a designated digital
platform corporation, means a service that is specified as a
designated digital platform service of the corporation in a
determination under section 52E.
news business means:
(a) a news source; or
(b) a combination of news sources.
news source means any of the following, if it produces, and
publishes online, news content:
(a) a newspaper masthead;
(b) a magazine;
(c) a television program or channel;
(d) a radio program or channel;
(e) a website or part of a website;
(f) a program of audio or video content designed to be
distributed over the internet.
registered news business means a news business that is registered
under section 52G.
registered news business corporation:
(a) a registered news business corporation means a corporation
that is registered under section 52G; and
(b) a registered news business corporation, for a registered
news business, means the corporation that is endorsed under
section 52G as the registered news business corporation for
the registered news business.
register of bargaining code arbitrators means the register
established under section 52ZK.
remuneration issue has the meaning given by subsection 52ZL(1).

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represented registered news business has the meaning given by

section 52ZG.
responsible digital platform corporation for a designated digital
platform service is:
(a) a corporation that:
(i) is a related body corporate of the service’s designated
digital platform corporation; and
(ii) if the corporation is not incorporated in Australia—is
managed in Australia; and
(iii) either by itself or together with other corporations,
operates or controls the designated digital platform
service in supplying services that are used by
Australians; or
(b) if there is no corporation that satisfies the requirements of
paragraph (a)—the service’s designated digital platform
corporation.

52B Making content available

(1) For the purposes of this Part, a service makes content available if:
(a) the content is reproduced on the service, or is otherwise
placed on the service; or
(b) a link to the content is provided on the service; or
(c) an extract of the content is provided on the service.
(2) Subsection (1) does not limit, for the purposes of this Part, the
ways in which a service makes content available.

52C Interacting with content

(1) For the purposes of this Part, a user of a service interacts with
content made available by the service if:
(a) the content is reproduced on the service, or is otherwise
placed on the service, and the user interacts with the content;
or
(b) a link to the content is provided on the service and the user
interacts with the link; or
(c) an extract of the content is provided on the service and the
user interacts with the extract.

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(2) Subsection (1) does not limit, for the purposes of this Part, the
ways in which a user of a service interacts with content made
available by a service.

52D Distributing content

(1) For the purposes of this Part, the following are examples of ways
in which a service distributes content that is made available by the
service:
(a) ranking the content;
(b) curating the content;
(c) making the content more or less prominent;
(d) making a user more or less likely to interact with the content.
(2) Subsection (1) does not limit, for the purposes of this Part, the
ways in which a service distributes content that is made available
by the service.
(3) For the purposes of this Part, treat the following alterations as
alterations to the ways in which a service distributes content that is
made available by the service:
(a) an alteration to the ways in which the service distributes a
particular class of content;
Example 1: An alteration that increases the prevalence or prominence of
video content made available by the service by making such
video content play automatically.
Example 2: An alteration that increases or decreases the prevalence or
prominence of content made available by the service with which
users of the service have previously interacted.
Example 3: An alteration that increases the prevalence or prominence of
content made available by the service by making extracts from
the content available on the service automatically.
Example 4: An alteration that increases the ranking of content made
available by the service if a user’s friends and family have
interacted with content.
(b) an alteration to the ways in which the service distributes
content of a particular content creator, or class of content
creators;
Example 1: An alteration that increases or decreases the prevalence or
prominence of content made available by the service if the

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content is created by a news business that has facilities to make

content load rapidly.
Example 2: An alteration that decreases the prevalence or prominence of
content made available by the service if the content is created by
an automated account.
Example 3: An alteration that decreases the prevalence or prominence of
content made available by the service if the content is from a
particular website, where attempts have been made to manipulate
rankings of content from the website.
Example 4: An alteration that decreases the prevalence or prominence of
content made available by the service if the content is from an
account of a celebrity or other prominent individual.
(c) an alteration to the ways in which the service distributes a
particular class of content in relation to a particular class of
users of the service.
Example 1: An alteration that prevents inappropriate content being made
available by the service to children.
Example 2: An alteration that increases the prevalence or prominence of
particular content made available by the service to users of a
particular age.
Example 3: An alteration that decreases the prevalence or prominence of
particular content made available by the service to users who
have indicated they do not wish to see such content.
Example 4: An alteration that increases the prevalence or prominence of
content made available by the service to users who are affected
by a natural disaster, if the content is reliable information about
the disaster.

(4) Subsection (3) does not limit, for the purposes of this Part, the
kinds of alterations that are alterations to the ways in which a
service distributes content that is made available by the service.

Division 2—Designated digital platform corporation and

designated digital platform services

52E Minister may make designation determination

(1) The Minister may, by legislative instrument, make a determination
that:
(a) specifies one or more services covered by subsection (2) in
relation to a corporation as designated digital platform
services of the corporation; and

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(b) specifies the corporation as a designated digital platform

corporation.
(2) This subsection covers a service in relation to a corporation if:
(a) the corporation, either by itself or together with one or more
related bodies corporate of the corporation, operates or
controls the service; or
(b) a related body corporate of the corporation, either by itself or
together with one or more other related bodies corporate of
the corporation, operates or controls the service.
(3) In making the determination, the Minister must consider:
(a) whether there is a significant bargaining power imbalance
between Australian news businesses and the group comprised
of the corporation and all of its related bodies corporate; and
(b) whether that group has made a significant contribution to the
sustainability of the Australian news industry through
agreements relating to news content of Australian news
businesses (including agreements to remunerate those
businesses for their news content).
(4) In making the determination, the Minister may consider any reports
or advice of the Commission.
(5) Before making the determination, the Minister must give the
corporation notice in writing that the Minister intends to make a
determination under subsection (1) specifying the corporation and
a particular service or particular services.
(6) The Minister must not make the determination before the end of
the period of 30 days starting on the day on which the notice under
subsection (5) is given.

Division 3—Registered news businesses and registered

news business corporations

52F Application for registration of news business and news business

corporation
(1) A corporation (the applicant corporation) may apply to the
ACMA, in relation to a news business, for:

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(a) if the news business is not already a registered news

business—the registration of the news business; and
(b) if the applicant corporation is not already a registered news
business corporation—the registration of the applicant
corporation; and
(c) the endorsement of the applicant corporation as the registered
news business corporation for the news business.
(2) The application must:
(a) be in writing; and
(b) set out every news source that comprises the news business;
and
(c) set out details of the applicant corporation’s point of contact
for the purposes of section 52Z; and
(d) if regulations made for the purposes of this paragraph specify
requirements—meet those requirements.
(3) The news business set out in the application may be comprised of
some or all of the news sources that the applicant corporation,
either by itself or together with other corporations, operates or
controls.

52G Registration of news business and news business corporation

(1) If the ACMA considers that the requirement in subsection (2) is
met, the ACMA must:
(a) if the news business is not already a registered news
business—register the news business; and
(b) if the applicant corporation is not already a registered news
business corporation—register the applicant corporation; and
(c) endorse the applicant corporation as the registered news
business corporation for the news business.
(2) The requirement in this subsection is met if:
(a) the application is in accordance with subsection 52F(2); and
(b) if the news business is not already a registered news
business—none of the news sources set out in the application
in accordance with paragraph 52F(2)(b) form part of another
news business that is a registered news business; and

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(c) if the news business is not already a registered news

business—all of the following requirements are met in
relation to the news business:
(i) the requirement in subsection 52N(1) (the content test);
(ii) the requirement in subsection 52O(1) (the Australian
audience test);
(iii) the requirement in subsection 52P(1) (the professional
standards test); and
(d) if the applicant corporation is not already a registered news
business corporation—the applicant corporation meets the
requirement in subsection 52M(1) (the revenue test); and
(e) the applicant corporation meets the requirement in
section 52L (connection between applicant corporation and
news business) in relation to the news business.

(3) The ACMA must publish details of each registration and

endorsement on the ACMA’s website (including details of the
applicant corporation’s point of contact for the purposes of
section 52Z).

52H Revocation of registration or endorsement—general

Revocation of registration of news business

(1) The ACMA may revoke the registration of a registered news
business if the ACMA considers that one or more of the news
sources that form part of the registered news business form part of
another registered news business.
(2) The ACMA may revoke the registration of a registered news
business if the ACMA considers that any of the following
requirements are not met in relation to the news business:
(a) the requirement in subsection 52N(1) (the content test);
(b) the requirement in subsection 52O(1) (the Australian
audience test);
(c) the requirement in subsection 52P(1) (the professional
standards test).
(3) The ACMA may revoke the registration of a registered news
business if there is no registered news business corporation that is

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endorsed as the registered news business corporation for the news

business.

Revocation of registration of corporation

(4) The ACMA may revoke the registration of a registered news
business corporation if the ACMA considers that the corporation
does not meet the requirement in subsection 52M(1) (the revenue
test).
(5) The ACMA may revoke the registration of a registered news
business corporation if the corporation is not endorsed as the
registered news business corporation for at least one registered
news business.

Revocation of registration of endorsement of corporation for news

business
(6) The ACMA may revoke the endorsement of a registered news
business corporation as the registered news business corporation
for a registered news business if the ACMA considers that the
corporation does not meet the requirement in section 52L
(connection between corporation and news business) in relation to
the registered news business.
(7) To avoid doubt, the ACMA may revoke the endorsement of a
registered news business corporation as the registered news
business corporation for a registered news business at the same
time as it endorses another registered news business corporation as
the registered news business corporation for the registered news
business.
Example: A registered news business corporation (the selling corporation) sells
a registered news business to another corporation. The other
corporation applies under section 52G for registration as a registered
news business corporation and for endorsement as the registered news
business corporation for the registered news business. The ACMA
grants the application at the same time as revoking the endorsement of
the selling corporation as the registered news business corporation for
the registered news business.

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52I Revocation of registration or endorsement—false or misleading

information or documents
(1) This section applies if, as a result of an application by a
corporation under section 52F, the ACMA:
(a) registered a news business; or
(b) registered a corporation; or
(c) endorsed a corporation as the registered news business
corporation for a news business.
(2) The ACMA may revoke the registration or endorsement if the
ACMA considers that the corporation, in making the application,
gave the ACMA information that was or documents that were false
or misleading in a material particular.
(3) To avoid doubt, for the purposes of this section, information or
documents may be false or misleading in a material particular
because of the omission of a matter or thing.

52J Obligation on registered news business corporation to notify

ACMA of loss of qualification for registration
(1) The registered news business corporation for a registered news
business must notify the ACMA, as soon as practicable, if any of
the following requirements are no longer met in relation to the
registered news business corporation or the registered news
business:
(a) the requirement in subsection 52N(1) (the content test);
(b) the requirement in subsection 52O(1) (the Australian
audience test);
(c) the requirement in subsection 52P(1) (the professional
standards test);
(d) the requirement in subsection 52M(1) (the revenue test);
(e) the requirement in section 52L (connection between
corporation and news business).
(2) The notification must be in writing.

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52K Adding or removing news source from registered news business

(1) A registered news business corporation for a registered news
business may apply to the ACMA for:
(a) the addition of a news source to the news business; or
(b) the removal of a news source from the news business.
(2) The application must:
(a) be in writing; and
(b) set out every news source that comprises the news business;
and
(c) specify the news source to be added or removed; and
(d) if regulations made for the purposes of this paragraph specify
requirements—meet those requirements.
(3) The ACMA may add the news source to the news business if the
ACMA considers that:
(a) the application is in accordance with subsection (2); and
(b) the news source does not form part of another news business
that is a registered news business; and
(c) the corporation would continue to meet the requirement in
52L (connection between applicant corporation and news
business) in relation to the news business if the news source
were added to the news business; and
(d) the news business would continue to meet all of the
following requirements if the news source were added to the
news business:
(i) the requirement in subsection 52N(1) (the content test);
(ii) the requirement in subsection 52O(1) (the Australian
audience test);
(iii) the requirement in subsection 52P(1) (the professional
standards test).
(4) The ACMA may remove the news source from the registered news
business if the application is in accordance with subsection (2).

(5) The ACMA must publish details of the addition or removal on the
ACMA’s website.

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52L Requirements for connection between corporation and news

business
For the purposes of this Division, the requirement is that the
corporation, either by itself or together with other corporations,
operates or controls the news business.

52M Revenue test

(1) For the purposes of this Division, the requirement is that the annual
revenue of the corporation (or of a related body corporate of the
corporation), as set out in the corporation’s (or the related body
corporate’s) annual accounts prepared in accordance with generally
accepted accounting principles, exceeds $150,000:
(a) for the most recent year for which there are such accounts; or
(b) for at least 3 of the 5 most recent years for which there are
such accounts.
(2) Subsection (3) applies if:
(a) the corporation (or the related body corporate) acquired a
business; and
(b) the business’ annual revenue for a year starting before the
acquisition is ascertainable from annual accounts prepared in
accordance with generally accepted accounting principles.
(3) For the purposes of subsection (1) treat the revenue of the
corporation (or of the related body corporate) for the year
mentioned in paragraph (2)(b) as including the business’ annual
revenue for that year.

52N Content test

(1) The requirement in this subsection is met in relation to a news
business if the primary purpose of each news source covered by
subsection (2) is to create content that is core news content.
(2) This subsection covers a news source if it comprises, whether by
itself or together with other news sources, the news business.

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(3) For the purposes of subsection (1), in determining whether the

primary purpose of a news source is to create content that is core
news content, take into account the following matters:
(a) the amount of core news content created by the news source;
(b) the frequency with which the news source creates core news
content;
(c) the degree of prominence given to core news content created
by the news source, compared with the degree of prominence
given to other content created by the news source;
(d) any other relevant matter.

52O Australian audience test

(1) The requirement in this subsection is met in relation to a news
business if every news source covered by subsection (2) operates
predominantly in Australia for the dominant purpose of serving
Australian audiences.
(2) This subsection covers a news source if it comprises, whether by
itself or together with other news sources, the news business.

52P Professional standards test

(1) The requirement in this subsection is met in relation to a news
business if:
(a) every news source covered by subsection (2):
(i) is subject to the rules of the Australian Press Council
Standards of Practice or the Independent Media Council
Code of Conduct; or
(ii) is subject to the rules of the Commercial Television
Industry Code of Practice, the Commercial Radio Code
of Practice or the Subscription Broadcast Television
Codes of Practice; or
(iii) is subject to the rules of a code of practice mentioned in
paragraph 8(1)(e) of the Australian Broadcasting
Corporation Act 1983 or paragraph 10(1)(j) of the
Special Broadcasting Service Act 1991; or
(iv) is subject to internal editorial standards that are
analogous to the rules mentioned in subparagraph (i),

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(ii) or (iii) to the extent that they relate to the provision

of quality journalism; or
(v) is subject to rules specified in the regulations that
replace those mentioned in subparagraph (i), (ii) or (iii);
or
(vi) is subject to other rules specified in the regulations; and
(b) every news source covered by subsection (2) has editorial
independence from the subjects of its news coverage.
(2) This subsection covers a news source if it comprises, whether by
itself or together with other news sources, the relevant news
business.

Division 4—General requirements

Subdivision A—Preliminary

52Q Obligations in respect of digital platform services individually

(1) The provisions of Subdivisions B and C create obligations in
respect of every designated digital platform service, in respect of
each registered news business.
(2) Those obligations are placed on the responsible digital platform
corporation for the designated digital platform service, in respect of
the registered news business corporation for the registered news
business.
(3) If there is more than one responsible digital platform corporation
for the designated digital platform service:
(a) those obligations are placed on each of those responsible
digital platform corporations separately; and
(b) treat references in Subdivision B and C to the responsible
digital platform corporation for the designated digital
platform service as being references to each responsible
digital platform corporation for the designated digital
platform service.

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Subdivision B—The minimum standards

52R Giving list and explanation of data provided to registered news

businesses
(1) If the designated digital platform service makes available covered
news content of the registered news business, the responsible
digital platform corporation for the designated digital platform
service must ensure that:
(a) information covered by subsection (2) is given to the
registered news business corporation for the registered news
business; and
(b) the information is given in terms that are readily
comprehensible; and
(c) if 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) the information is given to the registered news business
corporation no later than 28 days after the day on which the
registered news business was registered under section 52G;
and
(e) if regulations made for the purposes of this paragraph specify
other requirements for that information—those requirements
are satisfied.
(2) This subsection covers information that comprises lists and
explanations of the types of data covered by subsection (3).
(3) This subsection covers data:
(a) that relates to interactions of users of the designated digital
platform service with covered news content made available
by the designated digital platform service; and
(b) that the designated digital platform service provides to one or
more registered news businesses.
(4) The responsible digital platform corporation for the designated
digital platform service must ensure that:

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(a) updated information covered by subsection (2) is given

annually to the registered news business corporation for the
registered news business; and
(b) the updated information is given in terms mentioned in
paragraphs (1)(b) and (c); and
(c) the updated information is given to the registered news
business corporation no later than 12 months after the later of
the following days:
(i) the day on which information was given to the
registered news business corporation in accordance with
subsection (1);
(ii) the most recent day on which updated information was
previously given to the registered news business
corporation in accordance with this subsection; and
(d) if regulations made for the purposes of this paragraph specify
other requirements for the updated information—those
requirements are satisfied.
(5) To avoid doubt, nothing in this section requires the responsible
digital platform corporation to give the data covered by
subsection (3) to the registered news business corporation.

52S Change to algorithm to bring about identified alteration to

distribution of content with significant effect on referral
traffic
(1) Subsection (2) applies if:
(a) a change is planned to be made to an algorithm of the
designated digital platform service; and
(b) the dominant purpose of the change is to bring about an
identified alteration to the ways in which the designated
digital platform service distributes content that is made
available by the service; and
(c) the change is likely to have a significant effect on the referral
traffic from the designated digital platform service to the
covered news content of registered news businesses
(considered as a whole) that the service makes available.
(2) The responsible digital platform corporation for the designated
digital platform service must ensure that:

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(a) notice of the change is given to the registered news business

corporation for each registered news business; and
(b) the notice is given:
(i) unless subparagraph (ii) applies—at least 14 days before
the change is made; or
(ii) if the change relates to a matter of urgent public
interest—no later than 48 hours after the change is
made; and
(c) the notice describes the change, and the effect mentioned in
paragraph (1)(c), in terms that are readily comprehensible;
and
(d) if there are other designated digital platform services of the
responsible digital platform corporation—the notice 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).
(3) However, subsection (2) does not apply if the change is made
within 14 days after the day on which the registered news business
corporation was registered under section 52G.

52V Section 52S—dominant purpose

For the purposes of paragraph 52S(1)(b), treat a change as not
having the dominant purpose mentioned in that paragraph if the
change is any of the following:
(a) a change to an algorithm made as part of routine maintenance
with the dominant purpose of ensuring the ongoing
effectiveness of the algorithm;
(b) a change to an algorithm with the dominant purpose of
ensuring that the algorithm operates more quickly or more
efficiently.

52W Section 52S—significant effect

(1) For the purposes of paragraph 52S(1)(c), in determining whether
the change is likely to have the significant effect mentioned in the
paragraph, take into account the following matters:

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(a) whether, as a result of the change, there is likely to be a

significant variation to the amount of covered news content
made available by the designated digital platform service;
(b) whether, as a result of the change, there is likely to be a
significant variation to the proportion of content made
available by the designated digital platform service
represented by covered news content;
(c) any other relevant matter (subject to subsection (2)).
(2) For the purposes of paragraph 52S(1)(c), in determining whether
the change is likely to have the significant effect mentioned in the
paragraph, disregard the following matters:
(a) whether, as a result of the change, there is likely to be a
significant variation to the proportion of covered news
content of all registered news businesses made available by
the designated digital platform service represented by the
covered news content of a particular registered news
business;
(b) the relative turnover of registered news businesses whose
covered news content is made available by the designated
digital platform service;
(c) the relative volume of covered news content created by
registered news businesses whose covered news content is
made available by the designated digital platform service;
(d) the relative financial position of registered news businesses
whose covered news content is made available by the
designated digital platform service.

Subdivision C—Recognition of original covered news content

52X Recognition of original covered news content

The responsible digital platform corporation for the designated
digital platform service must ensure that:
(a) a proposal is developed for the designated digital platform
service to recognise original covered news content when it
makes available and distributes that content; and
(b) registered news business corporations are consulted in
developing that proposal before it is published; and

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(c) the proposal is published no later than 6 months after the first
registration of a news business under section 52G.

Subdivision D—Facilitating open communication

52Y Facilitating open communication—responsible digital platform

corporation for designated digital platform service
The responsible digital platform corporation for a designated
digital platform service must:
(a) set up a point of contact in Australia for the purpose of this
section no later than 28 days after the Minister makes a
determination under section 52E specifying the designated
digital platform corporation; and
(b) if regulations made for the purposes of this paragraph specify
requirements for the point of contact—ensure that the point
of contact meets those requirements; and
(c) give details of that point of contact to every registered news
business corporation:
(i) unless subparagraph (ii) applies—no later than 10
business days after the responsible digital platform
corporation sets up the point of contact; or
(ii) if the registered news business corporation is registered
under section 52G after the responsible digital platform
corporation sets up the point of contact—no later than
10 business days after the registered news business
corporation is registered under section 52G; and
(d) acknowledge every communication to that point of contact
from a registered news business corporation for a registered
news business that relates to the registered news business’
covered news content made available by the designated
digital platform service; and
(e) if regulations made for the purposes of this paragraph specify
requirements for the acknowledgement—ensure that the
acknowledgement meets those requirements.

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52Z Facilitating open communication—registered news business

corporation for registered news business
A registered news business corporation for a registered news
business must:
(a) set up a point of contact for the purpose of this section no
later than the day on which the registered news business
corporation is registered under section 52G; and
(b) if regulations made for the purposes of this paragraph specify
requirements for the point of contact—ensure that the point
of contact meets those requirements; and
(c) acknowledge every communication to that point of contact
from a responsible digital platform corporation for a
designated digital platform service that relates to the
registered news business’ covered news content made
available by that designated digital platform service; and
(d) if regulations made for the purposes of this paragraph specify
requirements for the acknowledgement—ensure that the
acknowledgement meets those requirements.

Subdivision E—Trade secrets and personal information

52ZA Trade secrets

Nothing in this Division requires the giving of information the
disclosure of which would reveal a trade secret.

52ZB Personal information

Nothing in this Division requires or authorises the giving of
information that is personal information (within the meaning of the
Privacy Act 1988).

Division 5—Non-differentiation

52ZC Digital service to be supplied without differentiating in

relation to registered news businesses
(1) This section applies if a responsible digital platform corporation
for a designated digital platform service, either by itself or together

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with other corporations, operates or controls a digital service

(whether or not the designated digital platform service).
(2) The responsible digital platform corporation must ensure that the
supply of the digital service does not, in relation to crawling,
indexing, making available and distributing news businesses’
covered news content:
(a) differentiate between registered news businesses, because of
any of the following matters:
(ia) a corporation being registered under section 52G, or
being endorsed under that section as the registered news
business corporation for a news business;
(i) a bargaining news business representative for a
registered news business making a notification under
52ZE(1), or not making such a notification;
(ii) a bargaining news business representative for a
registered news business giving a notice under 52ZL(2),
or not giving such a notice;
(iii) a registered news business being paid, or not being paid,
an amount of remuneration for the making available of
the registered news business’ covered news content by a
designated digital platform service (whether or not the
remuneration is paid in accordance with a determination
of a panel under section 52ZX));
(iv) a registered news business being the subject of, or not
being the subject of, an agreement of a kind described in
section 52ZZK or 52ZZL;
(v) a registered news business being the subject of, or not
being the subject of, an agreement resulting from the
acceptance of an offer of a kind described in
section 52ZZM; or
(b) differentiate between registered news businesses and news
businesses that are not registered news businesses, because of
any of the following matters:
(i) a matter mentioned in subparagraph (a)(ia), (i), (ii), (iii),
(iv) or (v);
(ii) a news business covered by subsection (3) being paid,
or not being paid, an amount of remuneration for the

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making available of the news business’ covered news

content by a designated digital platform service;
(iii) a news business covered by subsection (3) being the
subject of, or not being the subject of, an agreement of a
kind described in section 52ZZK or 52ZZL;
(iv) a news business covered by subsection (3) being the
subject of, or not being the subject of, an agreement
resulting from the acceptance of an offer of a kind
described in section 52ZZM; or
(c) differentiate between news businesses that are not registered
news businesses, because of any of the following matters:
(i) a corporation being eligible to be registered under
section 52G, or being eligible to be endorsed under that
section as the registered news business corporation for a
news business;
(ii) a corporation applying under section 52F for
registration of itself, or of a news business, or for
endorsement of itself as the registered news business
corporation for a news business.
(3) This subsection covers a news business if:
(a) the news business is not a registered news businesses; and
(b) none of the news sources that comprise the business form
part of a registered news business.
(4) Subsection (2) does not apply in relation to differentiation if:
(a) there is an agreement between:
(i) the responsible digital platform corporation, or a related
body corporate of the responsible digital platform
corporation; and
(ii) a corporation that is registered (or is eligible to be
registered) under section 52G and, either by itself or
together with other corporations, operates or controls a
news business; and
(b) the agreement provides that a corporation mentioned in
subparagraph (a)(i) will ensure that remuneration is to be
paid to the news business for the making available of the
news business’ covered news content by the digital service;
and

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(c) the differentiation arises solely from the amount of that

remuneration.
(5) Subsection (2) does not apply in relation to differentiation if:
(a) there is an agreement between:
(i) the responsible digital platform corporation, or a related
body corporate of the responsible digital platform
corporation; and
(ii) a corporation that is registered (or is eligible to be
registered) under section 52G and, either by itself or
together with other corporations, operates or controls a
news business; and
(b) the agreement provides that:
(i) a corporation mentioned in subparagraph (a)(ii) will
ensure the provision of a specified type of covered news
content to be made available by the digital service; and
(ii) a corporation mentioned in subparagraph (a)(i) will
ensure that the content is ranked preferentially when the
digital service distributes the covered news content; and
(c) the differentiation arises solely from that preferential ranking.
(6) For the purposes of this section:
(a) treat the reference in the definition of news source in
section 52A to “it produces” as instead being a reference to
“it regularly produces”; and
(b) treat the reference in that definition to “news content” as
instead being a reference to “covered news content”.

Division 6—Bargaining
Subdivision A—Preliminary

52ZD Bargaining news business representative for a registered news

business
(1) The registered news business corporation for a registered news
business is the bargaining news business representative for the
registered news business.
(2) Subsection (3) applies if:

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(a) a registered news business corporation for a registered news

business makes an agreement in writing with a person; and
(b) the agreement provides that the person should be the
bargaining news business representative for the registered
news business.
(3) Despite subsection (1), the person is the bargaining news business
representative for the registered news business.
(4) To avoid doubt, a person can be the bargaining news business
representative for 2 or more registered news businesses.

52ZE Notification of bargaining

(1) The bargaining news business representative for a registered news
business may notify a responsible digital platform corporation for a
designated digital platform service that it wishes to bargain over
one or more specified issues relating to the registered news
business’ covered news content made available by the designated
digital platform service.
(2) If the bargaining news business representative is the bargaining
news business representative for 2 or more registered news
businesses, a notification made for the purposes of subsection (1)
may relate to some or all of those registered news businesses.
(3) If the responsible digital platform corporation is the responsible
digital platform corporation for 2 or more designated digital
platform services:
(a) a notification made for the purposes of subsection (1) may
relate to some or all of those designated digital platform
services; and
(b) where the notification relates to more than one designated
digital platform service—treat references in this Division and
in Division 7 to the designated digital platform service as
including references to each of the designated digital
platform services to which the notification relates.
(4) A notification made for the purposes of subsection (1) must set out
the following matters:
(a) the bargaining news business representative;

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(b) each registered news business to which the notification

relates;
(c) the designated digital platform service;
(d) the responsible digital platform corporation for the
designated digital platform service;
(e) the specified issues mentioned in subsection (1);
(f) if regulations made for the purposes of this paragraph specify
other matters—those matters.
(5) A notification made for the purposes of subsection (1) cannot be
later varied to relate to a registered news business that was not set
out in the notification.

Subdivision B—Bargaining obligations

52ZF Application of Subdivision

This Subdivision applies if a notification is made for the purposes
of subsection 52ZE(1).

52ZG Bargaining parties, core bargaining issues and represented

registered news businesses
(1) The bargaining parties are as follows:
(a) the bargaining news business representative that made the
notification;
(b) the responsible digital platform corporation for the
designated digital platform service to which the notification
relates.
(2) The bargaining parties may agree, in writing, that they wish to
bargain over one or more extra specified issues relating to the
registered news business’ covered news content made available by
any of the following:
(a) the designated digital platform service;
(b) specified services other than the designated digital platform
service.
(3) The core bargaining issues are:

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(a) the specified issues in the notification (as mentioned in

paragraph 52ZE(4)(e)); and
(a) the specified issues in an agreement (if any) between the
bargaining parties as mentioned in subsection (2).
(4) Each registered news business to which the notification relates is a
represented registered news business.

52ZH Obligation to negotiate in good faith

Each bargaining party must negotiate in good faith over each core
bargaining issue.

52ZI Obligation to notify Commission if agreement reached

If the bargaining parties reach agreement over each core bargaining
issue, they must ensure that a written notification of the agreement
is given to the Commission as soon as practicable.

Subdivision BA—Mediation

52ZIA Obligation to participate in mediation

(1) This section applies if:
(a) the bargaining parties have not reached agreement over each
core bargaining issue within 3 months after the notification
was made for the purposes of subsection 52ZE(1); or
(b) the bargaining parties agree to refer the core bargaining
issues to mediation under this Subdivision.
(2) Each bargaining party must participate in a mediation about the
core bargaining issues.
(3) To avoid doubt, each bargaining party must comply with
section 52ZH (good faith negotiations) in respect of the mediation.
(4) The mediator is to be appointed by the ACMA.

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52ZIB Rules about conduct of mediation

(1) The regulations may set out rules relating to the conduct of a
mediation under this Subdivision.
(2) A mediation under this Subdivision is to be conducted according to
those rules.
(3) Despite subsection 14(2) of the Legislation Act 2003, regulations
made for the purposes of subsection (1) may make provision in
relation to a matter by applying, adopting or incorporating, with or
without modification, any matter contained in an instrument or
other writing as in force or existing from time to time.
(4) Without limiting the scope of regulations that may be made for the
purposes of subsection (1), those regulations may:
(a) set out rules relating to the payment of the costs of the
mediator; and
(b) without limiting the scope of paragraph (a), specify who is to
pay those costs.

52ZIC Termination of mediation

(1) A mediation under this Subdivision terminates if:
(a) unless paragraph (b) applies—2 months have passed since
the start of the mediation; or
(b) if the bargaining parties agree to a 2-month extension of the
mediation—4 months have passed since the start of the
mediation; or
(c) the mediator decides to terminate the mediation in
accordance with subsections (3) and (4); or
(d) the bargaining parties agree to terminate the mediation.
(2) To avoid doubt, the bargaining parties can only agree to one
extension in accordance with paragraph (1)(b).
(3) The mediator may decide to terminate the mediation if, having
regard to the conduct of the bargaining parties in the mediation, the
mediator considers that there are no reasonable prospects of the
bargaining parties reaching agreement over each core bargaining
issue.

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(4) The mediator may decide to terminate the mediation whether or not
a bargaining party has asked the mediator to do so.

Subdivision C—Miscellaneous

52ZJ Bargaining over other issues

To avoid doubt, nothing in this Division limits the bargaining
parties to negotiating only over the core bargaining issues.

Division 7—Arbitration about remuneration issue

Subdivision A—Preliminary

52ZK Register of bargaining code arbitrators

(1) The ACMA must establish and keep a register of bargaining code
arbitrators.
(2) Each such person listed on the register must be:
(a) a person experienced in legal matters, economic matters or
industry matters; or
(b) a person who the ACMA considers has appropriate
experience to be a member of an arbitral panel for the
purposes of this Part.
(3) In listing a person on the register, the ACMA must consider
requirements (if any) specified in regulations made for the
purposes of this subsection.

Subdivision B—Starting arbitration

52ZL Notification of arbitration

(1) This section applies if:
(a) a notification has been made for the purposes of
subsection 52ZE(1) to a responsible digital platform
corporation for a designated digital platform service; and
(b) one of the core bargaining issues (the remuneration issue)
concerns the remuneration to be paid to a registered news

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business for the making available of the registered news

business’ covered news content by the designated digital
platform service.
(2) The bargaining party that is the bargaining news business
representative may give a notice to the Commission that arbitration
about the remuneration issue should start, if:
(a) both of the following conditions are satisfied:
(i) mediation in respect of the core bargaining issues has
terminated in accordance with section 52ZIC;
(ii) the bargaining parties had not reached an agreement
about terms for resolving the remuneration issue before
the mediation terminated; or
(b) the bargaining parties have agreed to arbitration about terms
for resolving the remuneration issue no earlier than 10
business days after the notification referred to in
paragraph (1)(a) was made.
(3) The notice must:
(a) be in writing; and
(b) if regulations made for the purposes of this paragraph specify
requirements—meet those requirements.
(4) However, the bargaining party that is the bargaining news business
representative cannot give a notice under subsection (2) at a time
if, within the period of 24 months ending at that time, a notice has
been given under subsection (2) in respect of:
(a) the designated digital platform service mentioned in
paragraph (1)(a); and
(b) the registered news business mentioned in paragraph (1)(b).
(5) As soon as practicable after the Commission has been given a
notice under subsection (2), it must give the ACMA and each of
the bargaining parties a notice stating that:
(a) an arbitral panel is to be formed; and
(b) the members of the panel are to be appointed in accordance
with section 52ZM.

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52ZM Formation of arbitral panel

(1) This section applies if a notice has been given under
subsection 52ZL(5).
(2) An arbitral panel is to be formed to arbitrate about the
remuneration issue.
(3) The membership of the panel is to be comprised of:
(a) the Chair; and
(b) unless the bargaining parties agree that the sole member of
the panel is the Chair—2 other members.
(4) The members of the panel are to be appointed by agreement
between the bargaining parties.
(5) The bargaining parties may agree to appoint persons who are, or
are not, listed on the register of bargaining code arbitrators.
(6) If the bargaining parties agree on the appointment of one or more
of the members, each of the bargaining parties must give the
Commission and the ACMA a notice that:
(a) specifies:
(i) the name (or names) of the person (or persons)
appointed; and
(ii) the date of the agreement; and
(b) if regulations made for the purposes of this paragraph specify
other information—that information.
(7) For the purposes of subsection (6), the notice must be given no
later than the end of:
(a) the period of 10 business days after the notice was given
under subsection 52ZL(5); or
(b) if regulations made for the purposes of this paragraph specify
a different period—that period.
(8) If the bargaining parties cannot agree on the appointment of one or
more of the members within that period, the ACMA must make
that appointment or those appointments.
(9) The ACMA may only make an appointment of a person who is
listed on the register of bargaining code arbitrators.

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52ZN Disclosure of conflicts of interest where ACMA appoints

member of panel
(1) Before the ACMA appoints a person to be a member of the panel,
the ACMA must give the person a reasonable opportunity to
declare actual or potential conflicts of interest in accordance with
subsection (2).
(2) Before a person accepts appointment as a member of the panel, the
person must declare to the ACMA any actual or potential conflict
of interest in relation to the arbitration.
(3) If the ACMA has reason to consider that a person who has been
appointed as a member of the panel has any actual or potential
conflict of interest in relation to the arbitration (regardless whether
the person declared the conflict in accordance with subsection (2)):
(a) the ACMA may give a notice in writing to the person stating
that the person should no longer be a member of the panel;
and
(b) the person ceases to be a member of the panel when ACMA
gives the person the notice.
(4) If the ACMA gives a notice under paragraph (3)(a), the ACMA
must, as soon as practicable:
(a) give a copy of the notice to the bargaining parties; and
(b) make an appointment of another person as a member of the
panel.
(5) For the purposes of paragraph (4)(b), the ACMA may only make
an appointment of a person who is listed on the register of
bargaining code arbitrators.
(6) For the purposes of this section, a person has a conflict of interest
in relation to the arbitration if the person has any interest,
pecuniary or otherwise, that could conflict with the proper
performance of the person’s functions in relation to the arbitration.

52ZO Costs of arbitral panel

(1) The bargaining parties must each pay half of the costs of each
member of the panel.

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(2) Each member of the panel is to determine that member’s costs,

worked out as daily costs.
(3) If regulations made for the purposes of this subsection specify rules
relating to those costs (including the amount of those costs), the
bargaining parties must comply with those rules.

52ZP Chair to notify start of arbitration

(1) The Chair must notify the bargaining parties that arbitration about
terms for resolving the remuneration issue will start on a specified
day that is no later than 5 business days (or, if the regulations
specify a different period, the end of that period) after the
appointment of the Chair.
(2) The notice must:
(a) be in writing; and
(b) if regulations made for the purposes of this paragraph specify
requirements—meet those requirements.

52ZQ Bargaining parties’ agreement about dealing with extra

services in arbitration
(1) The bargaining parties may agree, in writing, that specified
services other than the designated digital platform service should
be dealt with in the arbitration.
(2) If the bargaining parties notify the Chair of the agreement before
the start of the arbitration, Subdivision C applies as if:
(a) the remuneration issue related to the designated digital
platform service and the specified services mentioned in
subsection (1); and
(b) references in that Subdivision to the designated digital
platform service included references to those specified
services.
(3) The notice must:
(a) be in writing; and
(b) if regulations made for the purposes of this paragraph specify
requirements—meet those requirements.

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Subdivision C—Final offer arbitration

52ZR Application
This Subdivision applies if the Chair has given notice under
section 52ZP.

52ZS Obligation to participate in arbitration in good faith

Each bargaining party must participate in the arbitration in good
faith.

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.

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(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.

52ZU Information request by bargaining party—challenges by

other bargaining party
(1) The other bargaining party may apply to the panel, in writing, for a
ruling that it is not reasonable for the bargaining party to make the
request for the purposes of this Division, in relation to all or a
specified part of the information requested.

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(2) An application under subsection (1) can be made no later than 10

business days after the bargaining party gives the request to the
other bargaining party.
(3) If an application is made under subsection (1), the panel must make
a ruling in relation to it no later than 10 business days after it is
made.
(4) The ruling may relate to all or a specified part of the information
requested.
(5) In making the ruling, the panel must consider the matters
mentioned in subsection 52ZZ(1).
(6) Nothing in section 52ZT requires the giving of information to the
extent (if any) that the panel makes a ruling under subsection (3)
that it was not reasonable for the bargaining party to make the
request for the purposes of this Division, in relation to all or a
specified part of the information requested.

52ZV Information request by bargaining party—miscellaneous

rules
(1) Nothing in section 52ZT requires the giving of information the
disclosure of which would reveal a trade secret.
(2) Nothing in section 52ZT requires or authorises the giving of
information that is personal information (within the meaning of the
Privacy Act 1988).
(3) If a bargaining party gives information to the other bargaining
party in order to comply with subsection 52ZT(5), the other
bargaining party must ensure that the information is not used for a
purpose other than a purpose in relation to arbitration under this
Division.
(4) Subsection (5) applies if:
(a) there is a reference to a number of business days in a
provision in section 52ZT or 52ZU; and
(b) regulations made for the purposes of this paragraph specify a
different number of business days in respect of that
provision.

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(5) Treat that reference in the provision as being to the number of

business days specified in the regulations as mentioned in
paragraph (4)(b).

52ZW Agreed early termination of arbitration

(1) This section applies if:
(a) the bargaining parties agree that the arbitration should
terminate; and
(b) the panel did not make a determination in accordance with
subsection 52ZX(1) before the agreement was made; and
(c) no information was given by a bargaining party in order to
comply with a request made under subsection 52ZT(1) before
the agreement was made.
(2) The parties must notify the Chair of the agreement as soon as
practicable after the day on which the agreement is made.
(3) The arbitration terminates in accordance with that agreement, but
no earlier than the day on which parties notify the Chair of the
agreement in accordance with subsection (2).
(4) However, if the parties fail to comply with subsection (2):
(a) subsection (3) does not apply; and
(b) the agreement does not affect the validity of the arbitration or
any aspect of the arbitration.

52ZX Final offer arbitration

(1) The panel is to make a determination under this subsection about
the terms for resolving the remuneration issue that:
(a) is in accordance with subsections (7), (8) and (9) (final offer
arbitration); and
(b) sets out a lump sum amount (the remuneration amount) for
remunerating the registered news business for the making
available of the registered news business’ covered news
content by the designated digital platform service for 2 years;
and
(c) is consistent with rights under contracts that are in force
between:

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(i) the responsible digital platform corporation or a related

body corporate of the responsible digital platform
corporation; and
(ii) the registered news business corporation for the
represented registered news business or a related body
corporate of that registered news business corporation.
(2) Each of the bargaining parties must:
(a) submit to the panel a final offer for what the remuneration
amount should be (expressed as a lump sum); and
(b) give a copy of the final offer to the Commission on the same
day that it submits the final offer to the panel.
(3) If a bargaining party gives a copy of the final offer to the
Commission, the Commission must give a copy of the final offer to
the other bargaining party as soon as practicable.
(4) A final offer:
(a) cannot be submitted later than the latest of the following:
(i) the end of the period of 10 business days after the day
on which the arbitration starts;
(ii) if a bargaining party makes a request under
subsection 52ZT(1) (information requests)—the end of
the period of 10 business days after the latest day on
which the other bargaining party may comply with the
request in accordance with subsection 52ZT(5);
(iii) if a bargaining party makes an application under
subsection 52ZU(1) (challenges to information
requests)—the end of the period of 10 business days
after the day on which the panel makes a ruling in
relation to the application under subsection 52ZU(3);
(iv) if regulations made for the purposes of this
subparagraph specify a different period—the end of that
period;
(v) if the panel considers that exceptional circumstances
justify a different period—the end of that period; and
(b) cannot be more than 30 pages in length.
(5) An offer that does not comply with subsection (4) is not a final
offer for the purposes of this Division.

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(6) A final offer, once submitted, cannot be withdrawn or amended.

(7) The panel must accept one of the final offers unless the panel
considers that each final offer is not in the public interest because it
is highly likely to result in serious detriment to:
(a) the provision of covered news content in Australia; or
(b) Australian consumers.
(8) If the panel does not accept one of those final offers, it must
ascertain the remuneration amount by adjusting the most
reasonable of those offers in a manner that results in that offer
being in the public interest.
(9) If one bargaining party fails to submit to the panel a final offer for
what the remuneration amount should be, in accordance with
subsection (4), the panel must:
(a) accept the final offer submitted by the other bargaining party,
in accordance with subsection (7); or
(b) ascertain the remuneration amount by adjusting the final
offer submitted by the other party, in accordance with
subsection (8).

52ZXA Final offer to be accompanied by information about

contracts
(1) If a bargaining party submits to the panel a final offer in
accordance with subsection 52ZX(4), it must, on the same day that
it submits the final offer to the panel, give the panel information
that:
(a) is relevant to the arbitration; and
(b) relates to all contracts that are in force between:
(i) the responsible digital platform corporation or a related
body corporate of the responsible digital platform
corporation; and
(ii) the registered news business corporation for the
represented registered news business or a related body
corporate of that registered news business corporation.

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(2) Nothing in subsection (1) requires the giving of information if

doing so would disclose information that is protected against
disclosure by a duty of confidence.
(3) To avoid doubt, subsection (2) does not prevent a bargaining party
from giving information under subsection (1) if the other
bargaining party agrees to the bargaining party doing so.

52ZY Final offer arbitration—termination of arbitration if no final

offers
If both bargaining parties fail to submit to the panel a final offer for
what the remuneration amount should be, the arbitration terminates
on the day after the last day on which such a final offer could have
been submitted in accordance with subsection 52ZX(4).

52ZZ Matters to consider in arbitration, etc.

(1) In making a determination under subsection 52ZX(1) (including in
complying with subsections 52ZX(7), (8) and (9)), the panel must
consider the following matters:
(a) the benefit (whether monetary or otherwise) of the registered
news business’ covered news content to the designated
digital platform service;
(b) the benefit (whether monetary or otherwise) to the registered
news business of the designated digital platform service
making available the registered news business’ covered news
content;
(c) the reasonable cost to the registered news business of
producing covered news content;
(ca) the reasonable cost to the designated digital platform service
of making available covered news content in Australia;
(d) whether a particular remuneration amount would place an
undue burden on the commercial interests of the designated
digital platform service.
(2) In considering the matters set out in subsection (1), the panel must
consider the bargaining power imbalance between Australian news
businesses and the designated digital platform corporation.

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52ZZA Other requirements for arbitration determination

(1) The panel must make the determination no later than 35 business
days (or, if the regulations specify a different period, the end of
that period) after the latest of the following days:
(a) the last day on which a final offer may be submitted in
accordance with subsection 52ZX(4);
(b) the last day on which a submission may be given by a
bargaining party in accordance with subsection 52ZZB(1);
(c) the last day on which a submission may be given by the
Commission in accordance with subsection 52ZZC(1);
(d) the last day on which a submission may be given by a
bargaining party in accordance with subsection 52ZZC(3).
(2) If the Chair is not the sole member of the panel:
(a) the panel must endeavour to make the determination by
unanimous decision of the members of the panel; and
(b) where a unanimous decision is not possible, the panel must
make the determination by majority decision of the members
of the panel.
(3) The panel must, as soon as practicable, give written reasons for
making the determination to the bargaining parties and the
Commission.
(4) Those written reasons must contain the information (if any)
specified in regulations made for the purposes of this subsection.

52ZZB Submissions of bargaining parties

(1) Each bargaining party may give to the panel a submission about
the final offer of the other bargaining party, no later than 5
business days (or, if the regulations specify a different period, the
end of that period) after the panel has received both final offers (in
accordance with paragraph 52ZX(2)(a)).
(2) The submission can only deal with issues that are dealt with in any
material accompanying either of the final offers.
(3) The submission cannot be more than 20 pages in length.

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(4) If a bargaining party gives the panel a submission under

subsection (1):
(a) the bargaining party must give a copy of the submission to
the Commission on the same day that it gives the submission
to the panel; and
(b) if the Commission is given a copy of the submission under
paragraph (a), the Commission must give a copy of the
submission to the other bargaining party as soon as
practicable.

52ZZC Role of Commission

(1) The Commission may give to the panel a submission in relation to
the arbitration, no later than 10 business days (or, if the regulations
specify a different period, the end of that period) after the
Commission has received both final offers (in accordance with
paragraph 52ZX(2)(b)).
(1A) The information contained in the submission must be:
(a) impartial factual information that relates to the relevant
market; and
(b) impartial information that relates to relevant economic
principles.
(2) If the Commission gives the panel a submission under
subsection (1), it must give the bargaining parties a copy of the
submission on the same day that it gives the submission to the
panel.
(3) Each bargaining party may give to the panel a submission about
the Commission’s submission, no later than 5 business days after
the bargaining party has received the Commission’s submission.
(4) The bargaining party’s submission cannot be more than 20 pages in
length.
(5) If a bargaining party gives the panel a submission under
subsection (3):
(a) the bargaining party must give a copy of the submission to
the Commission on the same day that it gives the submission
to the panel; and

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(b) if the Commission is given a copy of the submission under

paragraph (a), the Commission must give a copy of the
submission to the other bargaining party as soon as
practicable.

52ZZD Guidelines about conduct of arbitration

(1) The Commission may, in writing, make guidelines relating to the
conduct of an arbitration under this Division.
(2) However, the Commission cannot include in the guidelines a
provision that relates to any of the following matters unless the
Minister has approved the provision, in writing:
(a) how a panel makes a ruling under subsection 52ZU(3)
(information requests);
(b) the content of final offers made by bargaining parties in
accordance with subsection 52ZX(2);
(c) the content of submissions given by bargaining parties in
accordance with subsection 52ZZB(1);
(d) how a panel makes a determination in accordance with
subsection 52ZX(1).
(3) A panel may take the guidelines into account in conducting an
arbitration under this Division.
(4) However:
(a) the panel need not take the guidelines into account in
conducting the arbitration; and
(b) a failure by the panel to take the guidelines into account in
conducting the arbitration does not affect the validity of the
arbitration or any aspect of the arbitration.
(5) The Commission must publish the guidelines on its website as soon
as practicable.
(6) General information made available by the Commission in
accordance with subsection 28(1) must not relate to the conduct of
an arbitration under this Division.
(7) Guidelines made under subsection (1) are not a legislative
instrument.

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Subdivision D—Effect of arbitral determination

52ZZE Bargaining parties must comply with the determination

The bargaining parties must comply with a determination made by
the panel in accordance with subsection 52ZX(1).

Division 8—Enforcement etc.

52ZZF Record generating and keeping

(1) A responsible digital platform corporation for a designated digital
platform service must comply with requirements specified in
regulations made for the purposes of subsection (2).
(2) The regulations may specify requirements for the generation and
keeping of records relating to the operation of this Part.
(3) Division 5 of Part IVB applies in relation to subsection (1) in the
same way in which it applies in relation to an applicable industry
code (within the meaning of that Part).
(4) This section does not limit section 155 (which is about the general
information-gathering powers of the Commission).

52ZZG Infringement notices—Division 4 of this Part

(1) Subject to subsection (2), Division 2A of Part IVB applies in
relation to an alleged contravention of a provision of Division 4 of
this Part in the same way in which it applies in relation to an
alleged contravention of a civil penalty provision of an industry
code (within the meaning of that Part).
(2) For the purposes of applying Division 2A of Part IVB in
accordance with subsection (1), treat the reference in
paragraph 51ACF(a) to 50 penalty units as being a reference to 600
penalty units.

52ZZH Joint and several liability for pecuniary liabilities

(1) Subsection (2) applies if:

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(a) a responsible digital platform corporation for a designated

digital platform service is liable to a pecuniary penalty in
accordance with section 76 because it contravened a
provision of this Part; and
(b) the responsible digital platform corporation is not the
service’s designated digital platform corporation.
(2) The responsible digital platform corporation and the service’s
designated digital platform corporation are jointly and severally
liable for the pecuniary penalty.

Division 9—Agreements between digital platform

corporations and registered news business
corporations

52ZZI Simplified outline of this Division

Responsible digital platform corporations may make standard

offers relating to remuneration for registered news business
corporations. If an offer is accepted by a registered news
business corporation, rules under this Part relating to
bargaining and arbitration do not apply to the parties to the
contract.

Responsible digital platform corporations (and related bodies

corporate) may also make agreements outside this Part to
disapply rules under this Part relating to bargaining,
arbitration and other matters.

Responsible digital platform corporations (and related bodies

corporate) may also make offers relating to such matters under
this Part.

52ZZJ Standard offers—content

(1) An offer by a responsible digital platform corporation for a
designated digital platform corporation complies with this
subsection if:

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(a) the responsible digital platform corporation makes the offer

to each registered news business corporation covered by
subsection (2) (a covered RNBC); and
(b) the offer provides for the matters in subsection (3)
(acceptance procedure); and
(c) the offer provides that a binding agreement resulting from it
will have:
(i) the features mentioned in subsection (4) (formal
matters); and
(ii) the features mentioned in subsection (5) (remuneration).
(2) A registered news business corporation is covered by this
subsection unless:
(a) regulations made for the purposes of this paragraph specify a
kind or kinds of registered news business corporation; and
(b) the registered news business corporation is not of that kind or
one of those kinds.
(3) For the purposes of paragraph (1)(b), the matters are as follows:
(a) a covered RNBC may accept the offer before the end of the
offer period;
(b) subject to paragraphs (c) and (d), such an acceptance
becomes final, and a resulting agreement between the
responsible digital platform corporation and the covered
RNBC becomes binding, at the end of the offer period;
(c) the covered RNBC may revoke such an acceptance before the
end of the offer period;
(d) the responsible digital platform corporation may revoke the
offer before the end of the offer period.
(4) For the purposes of subparagraph (1)(c)(i), the features of the
agreement are as follows:
(a) the agreement provides that it covers specified corporations
(the covered corporations); and
(b) each covered corporation is:
(i) the responsible digital platform corporation; or
(ii) a related body corporate of the responsible digital
platform corporation; or
(iii) the registered news business corporation; or

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(iv) a related body corporate of the registered news business

corporation; and
(c) the agreement specifies a 2 year period (the covered period)
during which it is in force; and
(d) the agreement specifies one or more designated digital
platform services or other services (the covered services) of
the designated digital platform corporation; and
(e) the agreement expressly provides that some or all provisions
mentioned in subsection 52ZZK(4) (the specified provisions)
are not to apply to the extent that they would impose an
obligation on one covered corporation in respect of another
covered corporation in relation to the covered services.
(5) For the purposes of subparagraph (1)(c)(ii), the features of the
agreement are as follows:
(a) the agreement specifies that the responsible digital platform
corporation will ensure the payment of remuneration to the
covered RNBC (or a related body corporate of the covered
RNBC) for the making available of the registered news
business’ covered news content by one or more of the
covered services, in respect of the covered period; and
(b) if regulations made for the purposes of this paragraph specify
other features—those features.
(6) Regulations made for the purposes of paragraph (5)(b) may specify
features relating to the amount of the remuneration mentioned in
paragraph (5)(a) (including features that require the determination
of that remuneration to be based on specified factors).
(7) Subsection (6) does not limit the scope of regulations that may be
made for the purposes of paragraph (5)(b).
(8) The offer period is the period that:
(a) starts when the responsible digital platform corporation gives
a copy of the offer to a covered RNBC; and
(b) ends:
(i) unless subparagraph (ii) applies—60 days after the
period starts; or
(ii) if regulations made for the purposes of this
subparagraph specify a different day—on that day.

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(9) To avoid doubt, this section does not prevent the making of other
kinds of offers or agreements.

52ZZK Standard offers—consequences of agreement

(1) Subsection (2) applies if:
(a) a responsible digital platform corporation for a designated
digital platform corporation makes an offer to make a
binding agreement; and
(b) the offer complies with subsection 52ZZJ(1); and
(c) the responsible digital platform corporation has given a copy
of the offer to all registered news business corporations
covered by subsection 52ZZJ(2); and
(d) a registered news business corporation for a registered news
business has accepted the offer, and the resulting agreement
has become binding on the responsible digital platform
corporation and the registered news business corporation;
and
(e) the parties to the agreement notify the Commission, in
writing, that the agreement has become binding.
(2) The specified provisions do not apply to the extent that
(disregarding this subsection) they impose an obligation on one
covered corporation in respect of another covered corporation in
relation to the covered services that are designated digital platform
services.
(3) However, subsection (2) does not apply if, before the agreement
became binding, a notification has been made for the purposes of
subsection 52ZE(1) to the responsible digital platform corporation,
in relation to the registered news business.
(4) The provisions are as follows:
(a) Division 6 (bargaining);
(b) Division 7 (arbitration about remuneration issue).

52ZZL Contracting out of general requirements, bargaining and

arbitration
(1) Subsection (2) applies if:

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(a) a responsible digital platform corporation for a designated

digital platform corporation (or a related body corporate of
such a responsible digital platform corporation) makes a
binding agreement with another corporation (the news
business corporation); and
(b) the agreement provides that it covers specified corporations
(the covered corporations); and
(c) each covered corporation is:
(i) the responsible digital platform corporation; or
(ii) a related body corporate of the responsible digital
platform corporation; or
(iii) the news business corporation; or
(iv) a related body corporate of the news business
corporation; and
(d) the agreement specifies the period (the covered period)
during which it is in force; and
(e) the agreement specifies one or more designated digital
platform services or other services (the covered services) of
the designated digital platform corporation; and
(f) the agreement expressly provides that some or all provisions
mentioned in subsection (4) (the specified provisions) are not
to apply to the extent that they would impose an obligation
on one covered corporation in respect of another covered
corporation in relation to the covered services; and
(g) the parties to the agreement notify the Commission, in
writing, that the agreement has been made.
(2) The specified provisions do not apply to the extent that
(disregarding this subsection) they impose an obligation on one
covered corporation in respect of another covered corporation in
relation to the covered services that are designated digital platform
services.
(3) However, subsection (2) does not apply if:
(a) an arbitration under Division 7 started in relation to any of
the covered services in respect of the payment of
remuneration, for a period starting or ending in the covered
period, to the news business corporation (or a related body
corporate of the news business corporation); and

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(b) before the agreement was made:

(i) the panel made a determination in accordance with
subsection 52ZX(1); or
(ii) a bargaining party gave information in order to comply
with a request made under subsection 52ZT(1).
(4) The provisions are as follows:
(a) Division 4 (general requirements);
(b) Division 6 (bargaining);
(c) Division 7 (arbitration about remuneration issue).

52ZZM Offers relating to general requirements, bargaining and

arbitration not prohibited
(1) To avoid doubt, nothing in this Part prevents a responsible digital
platform corporation for a designated digital platform corporation
(or a related body corporate of such a responsible digital platform
corporation) from making an offer, to corporations covered by
subsection (2) in general, to make an agreement of a kind described
in paragraphs 52ZZL(1)(a) to (f).
(2) This subsection covers a corporation that, either by itself or
together with other corporations, operates or controls a news
business.
(3) To avoid doubt:
(a) the offer may provide that it is not subject to further
negotiations; and
(b) this section does not prevent the making of other kinds of
offer.

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Division 10—Powers and functions of the ACMA in

relation to this Part

52ZZN Powers of the ACMA to obtain information etc.

Application of Broadcasting Services Act 1992

(1) Subject to this Division, Parts 13 and 14B of the Broadcasting
Services Act 1992, and any other provisions of that Act to the
extent that they relate to either of those Parts, apply as if:
(a) a reference in Part 13 of the Broadcasting Services Act 1992
to the ACMA’s broadcasting, content and datacasting
functions included a reference to the powers and functions of
the ACMA under Part IVBA of this Act; and
(b) the references in paragraphs 168(2)(b) and 187(2)(b) of that
Act to the “due administration of this Act” included a
reference to the due administration of Part IVBA of this Act.
Note: Part 13 of the Broadcasting Services Act 1992 deals with
information-gathering by the ACMA, and Part 14B of that Act deals
with civil penalties.

Offences and civil penalty provisions

(2) For the purposes of applying the Broadcasting Services Act 1992 in
relation to this Part in accordance with subsection (1):
(a) omit the penalty in section 201 of that Act and instead treat
that section as if it were a civil penalty provision for the
purposes of that Act; and
(b) disregard subsections 202(1) and (2) of that Act; and
(c) disregard subsections 205F(4) and (5) of that Act; and
(d) treat the maximum penalty for a contravention of a civil
penalty provision of Part 13 or 14B of that Act (including a
contravention of a provision that is treated as a civil penalty
provision because of this section) as being 600 penalty units.

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52ZZO No Ministerial directions to the ACMA in relation to this

Part
(1) Section 14 of the Australian Communications and Media Authority
Act 2005 does not apply in relation to the performance of the
ACMA’s functions, or the exercise of the ACMA’s powers, under:
(a) this Part; or
(b) Part 13 of the Broadcasting Services Act 1992, as it applies in
relation to this Part because 52ZZN of this Act.
(2) Subsection (3) applies for the purposes of applying Part 13 (the
applied Part) of the Broadcasting Services Act 1992 in relation to
this Part in accordance with section 52ZZN of this Act.
(3) Disregard any provision in the applied Part to extent that the
provision allows the Minister (within the meaning of the provision)
to give a direction to the ACMA that relates to the performance of
the ACMA’s functions, or the exercise of the ACMA’s powers,
under this Part.

Division 11—Miscellaneous

52ZZP Exceptions to Part IV

For the purposes of subsection 51(1), an arrangement between 2 or
more registered news business corporations is specified and
specifically authorised if it is an arrangement for the purposes of
negotiating, under or in relation to this Part, with a responsible
digital platform corporation in relation to covered news content.

52ZZQ Concurrent operation of State and Territory laws

It is the Parliament’s intention that a law of a State or Territory
should be able to operate concurrently with this Part unless the law
is directly inconsistent with this Part.

52ZZR Giving information and producing documents by electronic

means
Paragraphs 9(1)(d) and (2)(d) and 11(1)(e) and (2)(e) of the
Electronic Transactions Act 1999 do not apply to a requirement, or

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permission, under this Part to give information in writing or

produce a document.
Note: Those paragraphs of the Electronic Transactions Act 1999 deal with
the consent of the recipient of information or documents to the
information being given, or the documents being produced, by way of
electronic communication.

52ZZS Review of operation of this Part

(1) Within the period of 12 months after the commencement of this
Part, the Minister must cause a review of the operation of the Part
to be commenced.
(2) The review must be completed no later than 12 months after the
commencement of the review.
(3) A written report of the review must be given to the Minister and
the Communications Minister (within the meaning of the National
Broadband Network Companies Act 2011).
(4) The Minister must ensure that copies of the report are available for
public inspection as soon as practicable after the period of 28 days
beginning on the day the report is given to the Minister.

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Other amendments Part 2

Part 2—Other amendments

Competition and Consumer Act 2010

2 After paragraph 2B(1)(a)
Insert:
(aaa) Part IVBA;

3 After paragraph 5(1)(a)

Insert:
(aa) Part IVBA;

4 Paragraph 5(1)(f)
After “(a),”, insert “(aa),”.

5 Paragraph 29(1A)(a)
After “IV,”, insert “IVBA,”.

6 Subsection 75B(1)
Omit “or IVB”, substitute “, IVB or IVBA”.

7 After subparagraph 76(1)(a)(i)

Insert:
(iaa) a provision of Part IVBA specified in subsection (4A);

8 Paragraph 76(1A)(b)
After “or that relates to”, insert “section 52ZC, 52ZH, 52ZS or
52ZZE,”.

9 After paragraph 76(1A)(b)

Insert:
(baa) for each act or omission to which this section applies that
relates to a provision of Division 4 of Part IVBA—6000
penalty units;

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Schedule 1 Digital platforms and Australian news businesses
Part 2 Other amendments

(bab) for each act or omission to which this section applies that
relates to section 52J or 52ZI or subsection 52ZT(5),
52ZV(3) or 52ZZF(1)—600 penalty units;

10 After subsection 76(4)

Insert:

Specified provisions of Part IVBA

(4A) For the purposes of subparagraph 76(1)(a)(iaa), the following
provisions of Part IVBA are specified:
(a) section 52J;
(b) section 52ZI;
(c) a provision of Division 4 of Part IVBA;
(d) section 52ZC;
(e) section 52ZH;
(f) section 52ZS;
(g) subsection 52ZT(5);
(h) subsection 52ZV(3);
(i) section 52ZZE;
(j) subsection 52ZZF(1).

11 After subparagraph 80(1)(a)(ii)

Insert:
(iiaa) a provision of Part IVBA;

12 Paragraph 82(1)(a)
Omit “or IVB”, substitute “, IVB or IVBA”.

13 Subparagraph 83(1)(b)(i)
Omit “or IVB”, substitute “, IVB or IVBA”.

14 Paragraphs 84(1)(b) and (3)(b)

After “Part IVB”, insert “or IVBA”.

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 Digital platforms and Australian news businesses Schedule 1
Other amendments Part 2

15 Subsection 86C(4) (paragraph (a) of the definition of

contravening conduct)
Omit “or IVB”, substitute “, IVB or IVBA”.

16 Subsection 87(1)
Omit “or Division 2 of Part IVB”, substitute “, Division 2 of Part IVB,
or Part IVBA”.

17 Paragraphs 87(1A)(a) and (b)

After “Division 2 of Part IVB,”, insert “Part IVBA,”.

18 Subsection 87(1C)
After “Division 2 of Part IVB,”, insert “Part IVBA,”.

19 After subparagraph 155(2)(b)(ia)

Insert:
(ib) a designated digital platform matter (as defined by
subsection (9AB) of this section); or

20 After subsection 155(9AA)

Insert:
(9AB) A reference in this section to a designated digital platform matter
is a reference to the performance of a function, or the exercise of a
power, conferred on the Commission by or under:
(a) Part IVBA; or
(b) regulations made under this Act for the purposes of that Part.

21 Subsection 155AAA(21) (paragraph (a) of the definition of

core statutory provision)
After “Part IV,”, insert “IVBA,”.

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[Minister’s second reading speech made in—
House of Representatives on 9 December 2020
Senate on 22 February 2021]

(177/20)

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