2019-2020-2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Online Safety Bill 2021

 

 

(Government)

(1)     At the end of clause 181, page 146 (after line 23), add:

             (4)  Subsection (1) of this section does not apply to a function or power conferred by subsection 220A(1) (which deals with the formulation or variation of the internal review scheme).

[delegation by the Commissioner]

(2)     Clause 182, page 146 (after line 32), after subclause (3), insert:

          (3A)  Subsection (1) of this section does not apply to a function or power conferred by subsection 220A(1) (which deals with the formulation or variation of the internal review scheme).

          (3B)  Subsection (1) of this section does not apply to a function or power conferred by the internal review scheme (see section 220A).

[delegation by the Commissioner]

(3)     Clause 183, page 148 (line 4), before “The Commissioner must”, insert “(1)”.

[annual report]

(4)     At the end of clause 183, page 148 (after line 9), add:

             (2)  A report under subsection (1) relating to a financial year must set out the following:

                     (a)  the number of notices given by the Commissioner under section 49 during that year;

                     (b)  the number of notices given by the Commissioner under section 56 during that year;

                     (c)  the number of notices given by the Commissioner under section 65 during that year;

                     (d)  the number of notices given by the Commissioner under section 66 during that year;

                     (e)  the number of notices given by the Commissioner under section 70 during that year;

                      (f)  the number of notices given by the Commissioner under section 77 during that year;

                     (g)  the number of notices given by the Commissioner under section 78 during that year;

                     (h)  the number of notices given by the Commissioner under section 79 during that year;

                      (i)  the number of directions given by the Commissioner under section 83 during that year;

                      (j)  the number of notices given by the Commissioner under section 88 during that year;

                     (k)  the number of notices given by the Commissioner under section 89 during that year;

                      (l)  the number of notices given by the Commissioner under section 90 during that year;

                    (m)  the number of notices given by the Commissioner under section 99 during that year;

                     (n)  the number of notices given by the Commissioner under section 109 during that year;

                     (o)  the number of notices given by the Commissioner under section 110 during that year;

                     (p)  the number of notices given by the Commissioner under section 114 during that year;

                     (q)  the number of notices given by the Commissioner under section 115 during that year;

                      (r)  the number of notices given by the Commissioner under section 119 during that year;

                      (s)  the number of notices given by the Commissioner under section 120 during that year;

                      (t)  the number of notices given by the Commissioner under section 124 during that year;

                     (u)  the number of notices given by the Commissioner under section 128 during that year;

                     (v)  the number of notices given by the Commissioner under section 143 during that year;

                    (w)  the number of directions given by the Commissioner under section 154 during that year;

                     (x)  the number of applications made by the Commissioner under section 156 during that year;

                     (y)  the number of applications made by the Commissioner under section 157 during that year;

                     (z)  the number of applications made by the Commissioner under section 158 during that year;

                    (za)  the number of applications made by the Commissioner under section 159 during that year;

                   (zb)  the number of notices given by the Commissioner under section 194 during that year;

                    (zc)  the number of notices given by the Commissioner under section 199 during that year;

                   (zd)  the number of notices given by the Commissioner under section 203 during that year;

                    (ze)  the number of decisions that were reviewed by the Commissioner under the internal review scheme (see section 220A) during that year.

            [annual report]

(5)     Heading to clause 220, page 165 (line 6), at the end of the heading, add “ by the Administrative Appeals Tribunal ”.

[review of decisions]

(6)     Heading to subclause 220(2), page 165 (line 11), omit “ cyber-bulling ”, substitute “ cyber-bullying ”.

[technical correction]

(7)     Subclause 220(2), page 165 (line 14), omit “, 78, 88 or 89”, substitute “or 88”.

[review of decisions]

(8)     Subclause 220(4), page 166 (line 2), omit “, 78, 88 or 89”, substitute “or 88”.

[review of decisions]

(9)     Paragraph 220(5)(b), page 166 (line 7), omit “, 88 or 89”, substitute “or 88”.

[review of decisions]

(10)   Clause 220, page 167 (after line 4), after subclause (10), insert:

Removal notice—end-user

        (10A)  An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section 78 or 89 to give a removal notice.

[review of decisions]

(11)   Page 168 (after line 29), after clause 220, insert:

220A   Internal review of decisions

             (1)  The Commissioner:

                     (a)  must, by notifiable instrument, formulate a scheme (the internal review scheme ) for and in relation to the review by the Commissioner of decisions of a kind referred to in section 220; and

                     (b)  may, by notifiable instrument, vary the internal review scheme.

             (2)  The internal review scheme may empower the Commissioner to:

                     (a)  on application, review such a decision; and

                     (b)  affirm, vary or revoke the decision concerned.

             (3)  The internal review scheme may provide that the Commissioner’s decision on review of a decision has effect as if it had been made under the provision under which the original decision was made.

             (4)  Subsections (2) and (3) do not limit subsection (1).

             (5)  The Commissioner must publish the internal review scheme on the Commissioner’s website.

[review of decisions]