Competition and Consumer Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 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…
Section 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…
Section 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,…
Section 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 with other corporations, operates or controls a digital…
Section 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…
Section 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…
Section 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;…
Section 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: (a) a…
Section 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…
Section 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…
Section 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…
Section 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).
Section 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: (a) if the news business is not already a registered news business—the registration of the…
Section 52ZF — Application of Subdivision
This Subdivision applies if a notification is made for the purposes of subsection 52ZE(1).
Section 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…
Section 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…
Section 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…
Section 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…
Section 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…
Section 52ZH — Obligation to negotiate in good faith
Each bargaining party must negotiate in good faith over each core bargaining issue.
Section 52ZZH — Joint and several liability for pecuniary liabilities
(1) Subsection (2) applies if: (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…
Section 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…
Section 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.
Section 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…
Section 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…
Section 52ZJ — Bargaining over other issues
To avoid doubt, nothing in this Division limits the bargaining parties to negotiating only over the core bargaining issues.
Section 52ZZJ — Standard offers—content
(1) An offer by a responsible digital platform corporation for a designated digital platform corporation complies with this subsection if: (a) the responsible digital platform corporation makes the…
Section 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…
Section 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…
Section 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…
Section 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.
Section 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)…
Section 52ZZL — Contracting out of general requirements, bargaining and arbitration
(1) Subsection (2) applies if: (a) a responsible digital platform corporation for a designated digital platform corporation (or a related body corporate of such a responsible digital platform…
Section 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…
Section 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…
Section 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…
Section 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)…
Section 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…
Section 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…
Section 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…
Section 52ZO — Costs of arbitral panel
(1) The bargaining parties must each pay half of the costs of each member of the panel. (2) Each member of the panel is to determine that member’s costs, worked out as daily costs. (3) If regulations…
Section 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)…
Section 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…
Section 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…
Section 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…
Section 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…
Section 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…
Section 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.
Section 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…
Section 52ZR — Application
This Subdivision applies if the Chair has given notice under section 52ZP.