1195 revised

2019-2021

 

The Parliament of the

Commonwealth of Australia

 

SENATE

 

 

 

 

 

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

 

 

(Amendments to be moved by Senator Hanson-Young, on behalf of the Australian Greens, in committee of the whole)

(1)     Schedule 1, item 1, page 48 (after line 25), after Division 9, insert:

Division 9A—Reporting to assist in monitoring benefits to public interest journalism from code

52ZZMA  Annual report by registered news business corporations

             (1)  For the purposes of monitoring the benefits to public interest journalism in Australia from the operation of this Part, a registered news business corporation for a registered news business must, at the end of each financial year, prepare and give to the ACMA a report relating to the financial year that complies with the requirements in this section.

Content of report

             (2)  The report must include the following information:

                     (a)  a description of the activities undertaken by the registered news business corporation (and any related bodies corporate of the corporation) during the financial year that supported the creation of core news content;

                     (b)  for the news content created by each news source that comprises the registered news business—the proportion of the news content that was core news content;

                     (c)  for the amount of code-related remuneration of the registered news business corporation for the financial year—the proportion of the amount:

                              (i)  that has been expended during the financial year for the primary purpose of the registered news business creating core news content; and

                             (ii)  that has been committed for expenditure in a subsequent financial year for the primary purpose of the registered news business creating core news content;

                     (d)  if regulations made for the purposes of this paragraph specify other information that must be included in the report—that information.

             (3)  For the purposes of paragraph (2)(c), the code-related remuneration of a registered news business corporation for a registered news business means the remuneration that:

                     (a)  is paid to the registered news business corporation (or a related body corporate of the corporation); and

                     (b)  is remuneration for the making available of the registered news business’ covered news content by a designated digital platform service; and

                     (c)  is paid under or in connection with any one or more of the following:

                              (i)  an agreement reached as a result of bargaining under Division 6 (bargaining) and notified to the Commission under section 52ZI;

                             (ii)  a determination of the remuneration amount made under section 52ZX (final offer arbitration);

                            (iii)  an agreement notified to the Commission under paragraph 52ZZK(1)(e) (section 52ZZK relates to agreements resulting from standard offers);

                            (iv)  an agreement notified to the Commission under paragraph 52ZZL(1)(g) (section 52ZZL relates to agreements to contract out of the general requirements, bargaining and arbitration provisions of this Part);

                             (v)  an agreement dealing with matters covered by this Part, including the remuneration issue, that it is reasonable to assume would not have been entered into by the relevant parties to the agreement if this Part was not enacted.

             (4)  An agreement referred to in subparagraph (3)(c)(v) includes:

                     (a)  an agreement entered into on or after 9 December 2020 but before the commencement of this Part; and

                     (b)  an agreement entered into on or after the commencement of this Part.

Note:          In paragraph (a), 9 December 2020 is the date the Bill providing for the enactment of this Part was introduced into the Parliament.

Timing of report

             (5)  The registered news business corporation must give the report to the ACMA within 30 days after the end of the financial year to which the report relates.

Publication of report

             (6)  The ACMA must publish on the ACMA’s website a copy of each report given to the ACMA under this section within 14 days of receiving the report.

[annual reporting]

(2)     Schedule 1, item 9, page 53 (line 3), omit “or 52ZZF(1)”, substitute “, 52ZZF(1) or 52ZZMA(1)”.

[penalty]

(3)     Schedule 1, item 10, page 53 (line 18), at the end of subsection (4A), add:

                   ; (k)  subsection 52ZZMA(1).

[penalty]