News Media and Digital Platforms Mandatory Bargaining Code
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// Codebase: News Media and Digital Platforms Mandatory Bargaining Code
// Author/Contributor: Andrew Mowbray
// Publisher: Australasian Legal Information Institute (AustLII)
// Created: 15 December 2020
// Last Updated: 3 March 2021
// Competition and Consumer Act 2010
// Part IVBA Digital Platforms
// Divisions 1 to 3
// Inserted by the
// Treasury Laws Amendment (News Media and Digital Platforms Mandatory
// Bargaining Code) Act 2021
// Date of commencement / assent: 3 March 2021
THING the Digital Platform Service Corporation
THING the digital platform service
THING the News Business Corporation
THING the news business
//
// Part IVBA - News media and digital platforms mandatory bargaining code
//
//
// Division 1 - Basic concepts
//
// Section 52A - Definitions
RULE Competition and Consumer Act 2010 Section 52A "ACMA" PROVIDES
"ACMA" means the Australian Communications and Media Authority
RULE Competition and Consumer Act 2010 Section 52A "bargaining news
business representative" PROVIDES
the news business is a "bargaining news business representative" ONLY IF
the news business is a "registered news business" under the section 52A
definition AND
the news business falls within the meaning of section 52ZD
RULE Competition and Consumer Act 2010 Section 52A "bargaining parties"
PROVIDES
"bargaining parties" has the meaning given by section 52ZG
RULE Competition and Consumer Act 2010 Section 52A "core news content"
PROVIDES
the content is "core news content" under the section 52A definition ONLY IF
section (a) of the definition of "core news content" is met OR
section (b) of the definition of "core news content" is met
RULE Competition and Consumer Act 2010 Section 52A "core news content" (a)
PROVIDES
section (a) of the definition of "core news content" is met ONLY IF
the content does report, investigate or explain issues or events that are
relevant in engaging Australians in public debate and in informing
democratic decision-making
RULE Competition and Consumer Act 2010 Section 52A "core news content" (b)
PROVIDES
section (b) of the definition of "core news content" is met ONLY IF
the content does report, investigate or explain current issues or events
of public significance for Australians at a local, regional or
national level
GOAL RULE Competition and Consumer Act 2010 Section 52A "covered news content"
PROVIDES
the content is "covered news content" under the section 52A definition ONLY IF
section (a) of the definition of "covered news content" applies OR
section (b) of the definition of "covered news content" applies
RULE Competition and Consumer Act 2010 Section 52A "covered news content" (a)
PROVIDES
section (a) of the definition of "covered news content" applies ONLY IF
the content is "core news content" under the section 52A definition
RULE Competition and Consumer Act 2010 Section 52A "covered news content" (b)
PROVIDES
section (b) of the definition of "covered news content" applies ONLY IF
the content does report, investigate or explain current issues or
events of interest to Australians
GOAL RULE Competition and Consumer Act 2010 Section 52A "designated digital
platform corporation" PROVIDES
the digital platform corporation is a "designated digital platform
corporation" under the section 52A definition ONLY IF
the digital platform corporation is specified as a designated digital
platform corporation in a determination under section 52E
GOAL RULE Competition and Consumer Act 2010 Section 52A "designated
digital platform service" PROVIDES
the digital platform service is a "designated digital platform service" under
the section 52A defintion ONLY IF
the digital platform corporation is a "designated digital platform
corporation" under the section 52A definition AND
the digital platform service is specified as a designated digital
platform service of the digital platform corporation in a
determination under section 52E
GOAL RULE Competition and Consumer Act 2010 Section 52A "news business"
PROVIDES
the news business is a "news business" under the section 52A definition ONLY IF
section (a) of the definition of "news business" applies OR
section (b) of the definition of "news business" applies
RULE Competition and Consumer Act 2010 Section 52A "news business" (a) PROVIDES
section (a) of the definition of "news business" applies ONLY IF
the news business is a "news source", or is comprised of a number of news
sources, under the section 52A definition
RULE Competition and Consumer Act 2010 Section 52A "news business" (b) PROVIDES
section (b) of the definition of "news business" applies ONLY IF
the news business is a combination of news sources
GOAL RULE Competition and Consumer Act 2010 Section 52A "news source" PROVIDES
the news business is a "news source", or is comprised of a number of news
sources, under the section 52A definition ONLY IF
the news business does produce, and publish online, news content AND
section (a) of the definition of "news source" applies OR
section (b) of the definition of "news source" applies OR
section (c) of the definition of "news source" applies OR
section (d) of the definition of "news source" applies OR
section (e) of the definition of "news source" applies OR
section (f) of the definition of "news source" applies
RULE Competition and Consumer Act 2010 Section 52A "news source" (a) PROVIDES
section (a) of the definition of "news source" applies ONLY IF
the news business is a newspaper masthead
RULE Competition and Consumer Act 2010 Section 52A "news source" (b) PROVIDES
section (b) of the definition of "news source" applies ONLY IF
the news business is a magazine
RULE Competition and Consumer Act 2010 Section 52A "news source" (c) PROVIDES
section (c) of the definition of "news source" applies ONLY IF
the news business is a television program or channel
RULE Competition and Consumer Act 2010 Section 52A "news source" (d) PROVIDES
section (d) of the definition of "news source" applies ONLY IF
the news business is a radio program or channel
RULE Competition and Consumer Act 2010 Section 52A "news source" (e) PROVIDES
section (e) of the definition of "news source" applies ONLY IF
the news business is a website or part of a website
RULE Competition and Consumer Act 2010 Section 52A "news source" (f) PROVIDES
section (f) of the definition of "news source" applies ONLY IF
the news business is a program of audio or video content designed to be
distributed over the internet
GOAL RULE Competition and Consumer Act 2010 Section 52A "registered news
business" PROVIDES
the news business is a "registered news business" under the section 52A
definition ONLY IF
the news business is a "news business" under the section 52A definition AND
the news business is registered under section 52G
GOAL RULE Competition and Consumer Act 2010 Section 52A "registered news
business corporation" PROVIDES
the News Business Corporation is a "registered news business
corporation" under the section 52A definition ONLY IF
section (a) of the definition of "registered news business corporation"
applies OR
section (b) of the definition of "registered news business corporation"
applies
RULE Competition and Consumer Act 2010 Section 52A "registered news business
corporation" (a) PROVIDES
section (a) of the definition of "registered news business corporation"
applies ONLY IF
the News Business Corporation is a corporation that is registered
under section 52G
RULE Competition and Consumer Act 2010 Section 52A "registered news business
corporation" (b) PROVIDES
section (b) of the definition of "registered news business corporation"
applies ONLY IF
the news business is a registered news business and the news business
corporation is endorsed under section 52G as the registered news business
corporation for the registered news business
RULE Competition and Consumer Act 2010 Section 52A "register of bargaining
code arbitrators" PROVIDES
"register of bargaining code arbitrators" means the register established under
section 52ZK
RULE Competition and Consumer Act 2010 Section 52A "remuneration issue"
PROVIDES
"remuneration issue" has the meaning given by subsection 52ZL(1)
GOAL RULE Competition and Consumer Act 2010 Section 52A "represented registered
news business" PROVIDES
the news business is a "represented registered news business" ONLY IF
the News Business Corporation is a "registered news business
corporation" under the section 52A definition AND
the news business falls within the meaning given by section 52ZG
GOAL RULE Competition and Consumer Act 2010 Section 52A "responsible digital
platform corporation" PROVIDES
the digital platform corporation is a responsible digital platform
corporation for a designated digital platform service ONLY IF
section (a) of the definition of "responsible digital platform corporation"
applies OR
section (b) of the definition of "responsible digital platform corporation"
applies
RULE Competition and Consumer Act 2010 Section 52A "responsible digital
platform corporation" (a) PROVIDES
section (a) of the definition of "responsible digital platform corporation"
applies ONLY IF
section (a)(i) of the definition of "responsible digital platform
corporation" applies AND
section (a)(ii) of the definition of "responsible digital platform
corporation" applies AND
section (a)(iii) of the definition of "responsible digital platform
corporation" applies
RULE Competition and Consumer Act 2010 Section 52A "responsible digital
platform corporation" (a)(i) PROVIDES
section (a)(i) of the definition of "responsible digital platform corporation"
applies ONLY IF
the digital platform corporation is a related body corporate of the
service's designated digital platform corporation
RULE Competition and Consumer Act 2010 Section 52A "responsible digital
platform corporation" (a)(ii) PROVIDES
section (a)(ii) of the definition of "responsible digital platform corporation"
applies ONLY IF
the digital platform corporation is incorporated in Australia OR
the digital platform corporation is managed in Australia
RULE Competition and Consumer Act 2010 Section 52A "responsible digital
platform corporation" (a)(iii) PROVIDES
section (a)(iii) of the definition of "responsible digital platform
corporation" applies ONLY IF
the digital platform corporation either by itself or together with other
corporations, operates or controls the designated digital platform service
in supplying services that are used by Australians
RULE Competition and Consumer Act 2010 Section 52A "responsible digital
platform corporation" (b) PROVIDES
IF section (a) of the definition of "responsible digital platform corporation"
does not apply THEN
section (b) of the definition of "responsible digital platform corporation"
applies AND
the responsible digital platform corporation is the service's designated
digital platform corporation
ELSE
section (b) of the definition of "responsible digital platform
corporation" does not apply
// Section 52B - Making content available
GOAL RULE Competition and Consumer Act 2010 Section 52B - Making content
available PROVIDES
the digital platform service makes the content available ONLY IF
section 52B(1) applies OR
section 52B(2) applies
RULE Competition and Consumer Act 2010 Section 52B(1) PROVIDES
section 52B(1) applies ONLY IF
section 52B(1)(a) applies OR
section 52B(1)(b) applies OR
section 52B(1)(c) applies
RULE Competition and Consumer Act 2010 Section 52B(1)(a) PROVIDES
section 52B(1)(a) applies ONLY IF
the content is reproduced on the digital platform service OR
the content is otherwise placed on the digital platform service
RULE Competition and Consumer Act 2010 Section 52B(1)(b) PROVIDES
section 52B(1)(b) applies ONLY IF
a link to the content is provided on the digital platform service
RULE Competition and Consumer Act 2010 Section 52B(1)(c) PROVIDES
section 52B(1)(c) applies ONLY IF
an extract of the content is provided on the digital platform service
RULE Competition and Consumer Act 2010 Section 52B(2) PROVIDES
section 52B(2) applies ONLY IF
section 52B(1) does not apply AND
the digital platform service makes content available in some other way
// Section 52C - Interacting with content
GOAL RULE Competition and Consumer Act 2010 Section 52C - Interacting with
content PROVIDES
the user of the digital platform service interacts with the content made
available by the digital platform service ONLY IF
section 52C(1)(a) applies OR
section 52C(1)(b) applies OR
section 52C(1)(c) applies
RULE Competition and Consumer Act 2010 Section 52C(1)(a) PROVIDES
section 52C(1)(a) applies ONLY IF
the content is reproduced on the digital platform service AND/OR
the content is placed on the digital platform service AND
the user interacts with the content
RULE Competition and Consumer Act 2010 Section 52C(1)(b) PROVIDES
section 52C(1)(b) applies ONLY IF
a link to the content is provided on the digital platform service AND
the user interacts with the link
RULE Competition and Consumer Act 2010 Section 52C(1)(c) PROVIDES
section 52C(1)(c) applies ONLY IF
an extract of the content is provided on the digital platform service
and the user interacts with the extract
// Section 52D - Distributing content
GOAL RULE Competition and Consumer Act 2010 Section 52D - Distributing content
PROVIDES
the digital platform service distributes the content as defined under section
52D ONLY IF
section 52D(1)(a) applies OR
section 52D(1)(b) applies OR
section 52D(1)(c) applies OR
section 52D(1)(d) applies OR
section 52D(2) applies
RULE Competition and Consumer Act 2010 Section 52D(1)(a) PROVIDES
section 52D(1)(a) applies ONLY IF
the digital platform service ranks the content
RULE Competition and Consumer Act 2010 Section 52D(1)(b) PROVIDES
section 52D(1)(b) applies ONLY IF
the digital platform service curates the content
RULE Competition and Consumer Act 2010 Section 52D(1)(c) PROVIDES
section 52D(1)(c) applies ONLY IF
the digital platform service makes the content more or less prominent
RULE Competition and Consumer Act 2010 Section 52D(1)(d) PROVIDES
section 52D(1)(d) applies ONLY IF
the digital platform service makes a user more or less likely to
interact with the content
RULE Competition and Consumer Act 2010 Section 52D(2) PROVIDES
section 52D(2) applies ONLY IF
the digital platform service distributes the content in some other way
RULE Competition and Consumer Act 2010 Section 52D(3) PROVIDES
the digital platform service alters the way in which it distributes the
content as defined under section 52D ONLY IF
section 52D(3)(a) applies OR
section 52D(3)(b) applies OR
section 52D(3)(c) applies
section 52D(4) applies
RULE Competition and Consumer Act 2010 Section 52D(3)(a) PROVIDES
section 52D(3)(a) applies ONLY IF
there is an alteration to the ways in which the digital platform service
distributes a particular class of content
RULE Competition and Consumer Act 2010 Section 52D(3)(b) PROVIDES
section 52D(3)(b) applies ONLY IF
there is an alteration to the ways in which the digital platform service
distributes content of a particular content creator, or class of content
creators
RULE Competition and Consumer Act 2010 Section 52D(3)(c) PROVIDES
section 52D(3)(c) applies ONLY IF
there is 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 digital platform service
RULE Competition and Consumer Act 2010 Section 52D(4) PROVIDES
section 52D(4) applies ONLY IF
the digital platform service alters the way in which it distributes
the content in some other way
//
// Division 2 - Designated digital platform corporation and designated
// digital platform services
//
// Section 52E - Minister may make designation determination
GOAL RULE Competition and Consumer Act 2010 Section 52E - Minister may make
designation determination PROVIDES
DETERMINE the digital platform corporation is specified as a designated digital
platform corporation in a determination under section 52E
DETERMINE the digital platform service is specified as a designated digital
platform service of the digital platform corporation in a determination under
section 52E
RULE Competition and Consumer Act 2010 Section 52E(1)(a) PROVIDES
the digital platform corporation is specified as a designated digital
platform corporation in a determination under section 52E ONLY IF
section 52E(3) is satisfied AND
section 52E(4) is satisfied AND
section 52E(5) is satisfied AND
section 52E(6) is satisfied AND
the Minister has made a determination by legislative instrument that
the digital platform corporation is designated under section 52E(1)(a)
RULE Competition and Consumer Act 2010 Section 52E(1)(b) PROVIDES
the digital platform service is specified as a designated digital
platform service of the digital platform corporation in a
determination under section 52E ONLY IF
section 52E(3) is satisfied AND
section 52E(4) is satisfied AND
section 52E(5) is satisfied AND
section 52E(6) is satisfied AND
the Minister has made a determination by legislative instrument that
the digital platform service is a designated digital
platform service of the digital platform corporation under section
52E(1)(b)
RULE Competition and Consumer Act 2010 Section 52E(3) PROVIDES
section 52E(3) is satisfied ONLY IF
section 52E(3)(a) is satisfied AND
section 52E(3)(b) is satisfied
RULE Competition and Consumer Act 2010 Section 52E(3)(a) PROVIDES
section 52E(3)(a) is satisfied ONLY IF
the Minister has considered whether there is a significant bargaining
power imbalance between Australian news businesses and the group
comprised of the digital platform corporation and all of its related
bodies corporate
RULE Competition and Consumer Act 2010 Section 52E(3)(b) PROVIDES
section 52E(3)(b) is satisfied ONLY IF
the Minister has considered whether the 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)
RULE Competition and Consumer Act 2010 Section 52E(4) PROVIDES
section 52E(4) is satisfied ONLY IF
the Minister has considered any reports or advice of the Commission
RULE Competition and Consumer Act 2010 Section 52E(5) PROVIDES
section 52E(5) is satisfied ONLY IF
the Minister has given the corporation notice in writing that the
Minister intends to make a determination under subsection 52E(1)
specifying the digital platform corporation and a particular service or
particular services
RULE Competition and Consumer Act 2010 Section 52E(6) PROVIDES
section 52E(6) is satisfied ONLY IF
the period of 30 days has elapsed since the giving of notice
//
// Division 3 - Registered news businesses and registered news business
// corporations
//
// Section 52F - Application for registration of news business and news
// business corporation
GOAL RULE Competition and Consumer Act 2010 Section 52F - Application for
registration of news business and news business corporation PROVIDES
DETERMINE the News Business Corporation may apply to the ACMA for registration
of the news business under section 52F(1)(a)
DETERMINE the News Business Corporation may apply to the ACMA for
registration of the News Business Corporation under section 52F(1)(b)
DETERMINE the News Business Corporation may apply to the ACMA for
endorsement of the News Business Corporation as the registered news
business corporation for the news business under section 52F(1)(c)
RULE Competition and Consumer Act 2010 Section 52F(1)(a) PROVIDES
the News Business Corporation may apply to the ACMA for registration of
the news business under section 52F(1)(a) ONLY IF
the news business is not already a registered news business AND
the application satisfies section 52F(2)
RULE Competition and Consumer Act 2010 Section 52F(1)(b) PROVIDES
the News Business Corporation may apply to the ACMA for registration of
the News Business Corporation under section 52F(1)(b) ONLY IF
the News Business Corporation is not already a registered news business
corporation AND
the application satisfies section 52F(2)
RULE Competition and Consumer Act 2010 Section 52F(1)(c) PROVIDES
the News Business Corporation may apply to the ACMA for endorsement of
the News Business Corporation as the registered news business corporation
for the news business under section 52F(1)(c) ONLY IF
the application satisfies section 52F(2)
RULE Competition and Consumer Act 2010 Section 52F(2) PROVIDES
the application satisfies section 52F(2) ONLY IF
section 52F(2)(a) is satisfied AND
section 52F(2)(b) is satisfied AND
section 52F(2)(c) is satisfied AND
section 52F(2)(d) is satisfied
RULE Competition and Consumer Act 2010 Section 52F(2)(a) PROVIDES
section 52F(2)(a) is satisfied ONLY IF
the application is in writing
RULE Competition and Consumer Act 2010 Section 52F(2)(b) PROVIDES
section 52F(2)(b) is satisfied ONLY IF
the application sets out every news source that comprises the news
business
RULE Competition and Consumer Act 2010 Section 52F(2)(c) PROVIDES
section 52F(2)(c) is satisfied ONLY IF
the application sets out details of the applicant corporation's point of
contact for the purposes of section 52Z
RULE Competition and Consumer Act 2010 Section 52F(2)(d) PROVIDES
section 52F(2)(d) is satisfied ONLY IF
regulations have not been made with respect to section 52F OR
the application complies with all regulations applying to section 52F
// Section 52G - Registration of news business and news business corporation
GOAL RULE Competition and Consumer Act 2010 Section 52G - Registration of news
business and news business corporation PROVIDES
ASSERT the ACMA is required to register the news business ONLY IF
section 52G(2) applies
ASSERT the ACMA is required to register the News Business Corporation ONLY IF
section 52G(2) applies
ASSERT the ACMA is required to endorse the news business as the registered news
business corporation for the registered news business ONLY IF
section 52G(2) applies
RULE Competition and Consumer Act 2010 Section 52G(1)(a) PROVIDES
the news business is registered under section 52G ONLY IF
the ACMA has registered the news business
RULE Competition and Consumer Act 2010 Section 52G(1)(b) PROVIDES
the News Business Corporation is a corporation that is registered under
section 52G ONLY IF
the ACMA has registered the news business corporation
RULE Competition and Consumer Act 2010 Section 52G(1)(c) PROVIDES
the news business is a registered news business and the news business
corporation is endorsed under section 52G as the registered news business
corporation for the registered news business ONLY IF
section 52G(2) applies AND
the ACMA has endorsed the news business as the registered news
business corporation for the registered news business
RULE Competition and Consumer Act 2010 Section 52G(2) PROVIDES
section 52G(2) applies ONLY IF
section 52G(2)(a) applies AND
section 52G(2)(b) applies AND
section 52G(2)(c) applies AND
section 52G(2)(d) applies AND
section 52G(2)(e) applies
RULE Competition and Consumer Act 2010 Section 52G(2)(a) PROVIDES
section 52G(2)(a) applies ONLY IF
the application satisfies section 52F(2)
RULE Competition and Consumer Act 2010 Section 52G(2)(b) PROVIDES
section 52G(2)(b) applies ONLY IF
the news business is registered under section 52G OR
NOT any of the news sources set out in the application
are part of another news business that is a registered news
business
RULE Competition and Consumer Act 2010 Section 52G(2)(c) PROVIDES
section 52G(2)(c) applies ONLY IF
the news business is registered under section 52G OR
section 52G(2)(c)(i) applies AND
section 52G(2)(c)(ii) applies AND
section 52G(2)(c)(iii) applies
RULE Competition and Consumer Act 2010 Section 52G(2)(c)(i) PROVIDES
section 52G(2)(c)(i) applies ONLY IF
the news business meets the requirement set out in section 52N(1) (the
content test)
RULE Competition and Consumer Act 2010 Section 52G(2)(c)(ii) PROVIDES
section 52G(2)(c)(ii) applies ONLY IF
each news source forming part of the news business meets the requirement
set out in section 52O(1) (the Australian content test)
RULE Competition and Consumer Act 2010 Section 52G(2)(c)(iii) PROVIDES
section 52G(2)(c)(iii) applies ONLY IF
the news business meets the requirements of section 52P(1) (the
professional standards test)
RULE Competition and Consumer Act 2010 Section 52G(2)(d) PROVIDES
section 52G(2)(d) applies ONLY IF
the News Business Corporation is a corporation that is registered
under section 52G OR
the News Business Corporation meets the requirements of section 52M(1) (the
revenue test)
RULE Competition and Consumer Act 2010 Section 52G(2)(e) PROVIDES
section 52G(2)(e) applies ONLY IF
the News Business Corporation meets the requirement in section 52L
(connection between corporation and news business)
RULE Competition and Consumer Act 2010 Section 52G(3) PROVIDES
IF section 52G(2) applies THEN
the ACMA must publish details of each registration and endorsement on the
ACMA's website
// Section 52H - Revocation of registration or endorsement-general
// Section 52I - Revocation of registration or endorsement-false or
// misleading information or documents
// Section 52J - Obligation on registered news business corporation to
// notify ACMA of loss of qualification for registration
// Section 52K - Adding or removing news source from registered news business
// Section 52L - Requirements for connection between corporation and news
// business
GOAL RULE Competition and Consumer Act 2010 Section 52L - Requirements for
connection between corporation and news business PROVIDES
the News Business Corporation meets the requirement in section 52L
(connection between corporation and news business) ONLY IF
the News Business Corporation operates the news business
(by itself or together with other corporations) OR
the News Business Corporation controls the news business
// Section 52M - Revenue test
GOAL RULE Competition and Consumer Act 2010 Section 52M - Revenue test PROVIDES
the News Business Corporation meets the requirements of section 52M(1) (the
revenue test) ONLY IF
section 52M(1)(a) applies OR
section 52M(1)(b) applies
RULE Competition and Consumer Act 2010 Section 52M(1)(a) PROVIDES
section 52M(1)(a) applies ONLY IF
the News Business Corporation has annual accounts exceeding $150,000 for
the most recent year
RULE Competition and Consumer Act 2010 Section 52M(1)(b) PROVIDES
section 52M(1)(b) applies ONLY IF
the News Business Corporation has annual accounts exceeding $150,000 for
three of the last five years
RULE Competition and Consumer Act 2010 Section 52M(2) PROVIDES
section 52M(3) applies ONLY IF
the corporation (or the related body corporate) acquired a business OR
the business' annual revenue for a year starting before the acquisition is
ascertainable from annual accounts prepared in accordance with generally
accepted accounting principles
RULE Competition and Consumer Act 2010 Section 52M(3) PROVIDES
IF section 52M(3) applies THEN
the revenue of the corporation (or of the related body corporate) for the
year mentioned in section 52M(2)(b) should be treated as including the
business' annual revenue for that year
// Section 52N - Content test
GOAL RULE Competition and Consumer Act 2010 Section 52N - Content test PROVIDES
the news business meets the requirement set out in section 52N(1) (the content
test) ONLY IF
section 52N(1) applies AND
section 52N(2) applies
RULE Competition and Consumer Act 2010 Section 52N(1) PROVIDES
section 52N(1) applies ONLY IF
the primary purpose of each news source is to create content AND
the content is "core news content" under the section 52A definition
RULE Competition and Consumer Act 2010 Section 52N(2) PROVIDES
section 52N(2) applies ONLY IF
the news business is a "news source", or is comprised of a number of news
sources, under the section 52A definition
FACT the primary purpose of each news source is to create content
EXPLAIN AS
In determining whether the primary purpose of a news source is to create
content that is core news content section 52N(3), sets out the following
matters that should be taken into account:
(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
// Section 52O - Australian audience test
GOAL RULE Competition and Consumer Act 2010 Section 52O - Australian
audience test PROVIDES
each news source forming part of the news business meets the requirement
set out in section 52O(1) (the Australian content test) ONLY IF
each news source operates predominantly in Australia AND
each news source is for the dominant purpose of serving Australian
audiences
// Section 52P - Professional standards test
GOAL RULE Competition and Consumer Act 2010 Section 52P Professional standards
test PROVIDES
the news business meets the requirements of section 52P(1) (the
professional standards test) ONLY IF
section 52P(1)(a) is satisfied AND
section 52P(1)(b) is satisfied
RULE Competition and Consumer Act 2010 Section 52P(1)(a) PROVIDES
section 52P(1)(a) is satisfied ONLY IF
section 52P(1)(a)(i) is satisfied OR
section 52P(1)(a)(ii) is satisfied OR
section 52P(1)(a)(iii) is satisfied OR
section 52P(1)(a)(iv) is satisfied OR
section 52P(1)(a)(v) is satisfied OR
section 52P(1)(a)(vi) is satisfied
RULE Competition and Consumer Act 2010 Section 52P(1)(a)(i) PROVIDES
section 52P(1)(a)(i) is satisfied ONLY IF
each news source is subject to the rules of the Australian Press Council
Standards of Practice or the Independent Media Council
RULE Competition and Consumer Act 2010 Section 52P(1)(a)(ii) PROVIDES
section 52P(1)(a)(ii) is satisfied ONLY IF
each news source 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
RULE Competition and Consumer Act 2010 Section 52P(1)(a)(iii) PROVIDES
section 52P(1)(a)(iii) is satisfied ONLY IF
each news source is subject to the rules of a code of practice mentioned in
paragraph 8(1)(e) of the Australian Broadcasting 13 Corporation Act 1983 or
paragraph 10(1)(j) of the Special Broadcasting Service Act 1991
RULE Competition and Consumer Act 2010 Section 52P(1)(a)(iv) PROVIDES
section 52P(1)(a)(iv) is satisfied ONLY IF
each news source is subject to internal editorial standards that are
analogous to the rules mentioned in subparagraph (i),
(ii) or (iii) to the extent that they relate to the provision
of quality journalism
RULE Competition and Consumer Act 2010 Section 52P(1)(a)(v) PROVIDES
section 52P(1)(a)(v) is satisfied ONLY IF
each news source is subject to rules specified in the
regulations that replace those mentioned in subparagraph (i), (ii) or (iii)
RULE Competition and Consumer Act 2010 Section 52P(1)(a)(vi) PROVIDES
section 52P(1)(a)(vi) is satisfied ONLY IF
each news source is subject to other rules specified in the regulations
RULE Competition and Consumer Act 2010 Section 52P(1)(b) PROVIDES
section 52P(1)(b) is satisfied ONLY IF
all news sources have editorial independence from the subjects of their
news coverage
//
// Common sense Hypertext Links for DataLex
//
RULE Unenacted legislation has no regulations PROVIDES
regulations have not been made with respect to section 52F
LINK Section 52A TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52A
LINK Section 52B TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52B
LINK Section 52C TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52C
LINK Section 52D TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52D
LINK Section 52E TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52E
LINK Section 52F TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52F
LINK Section 52G TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52G
LINK Section 52H TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52H
LINK Section 52L TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52L
LINK Section 52M TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52M
LINK Section 52N TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52N
LINK Section 52O TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52O
LINK Section 52P TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52P
LINK Section 52ZD TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#s52ZD
LINK ACMA TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#acma
LINK bargaining news business representative TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#bargaining_news_business_representative
LINK bargaining parties TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#bargaining_parties
LINK core bargaining issues TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#core_bargaining_issues
LINK core news content TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#core_news_content
LINK covered news content TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#covered_news_content
LINK designated digital platform corporation TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#designated_digital_platform_corporation
LINK designated digital platform service TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#designated_digital_platform_service
LINK "news business" TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#news_business
LINK news source TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#news_source
LINK "registered news business" TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#registered_news_business
LINK registered news business corporation TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#registered_news_business_corporation
LINK register of bargaining code arbitrators TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#register_of_bargaining_code_arbitrators
LINK remuneration issue TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#remuneration_issue
LINK represented registered news business TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#represented_registered_news_business
LINK responsible digital platform corporation TO http://www.austlii.edu.au/au/legis/cth/bill/tlamadpmbcb2020744/bill.html#responsible_digital_platform_corporation
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