Senate debates

Tuesday, 22 June 2021

Bills

Online Safety Bill 2021, Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021; Second Reading

9:23 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

I will now deal with the Online Safety Bill 2021 and the Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021. I will first deal with the second reading amendment moved by Senator Pratt in respect of the Online Safety Bill 2021 and then deal with the other circulated second reading amendments.

Opposition's circulated amendments—

At the end of the motion, add: ", but the Senate:

(a) notes that:

(i) it has been almost three years since the October 2018 Report of the Statutory Review of the Enhancing Online Safety Act 2015 and the Review of Schedules 5 and 7 to the Broadcasting Services Act 1992 (Online Content Scheme) by Lynelle Briggs AO recommended a new Online Safety Act,

(ii) since then, the Minister for Communications, Urban Infrastructure, Cities and the Arts has repeatedly spruiked the non-existent Online Safety Act in response to concerns about online harms, including online hate speech and racism in Australia following the Christchurch terrorist atrocity and graphic online content in the wake of a self-harm video circulating on social media,

(iii) the Minister was slow in releasing the exposure draft of legislation for consultation then rushed the introduction of the bill into Parliament, eight business days after consultation on the exposure draft concluded, which undermined stakeholder confidence in the consultation process,

(iv) the Review of Australian classification regulation is delayed and has fallen out of step with the bill, and

(v) the Government still has not released the report of an expert working group, convened by the eSafety Commissioner and participated in by industry; and

(b) calls on the Government to release the report of the expert working group convened by the eSafety Commissioner so that the broad range of stakeholders supportive of online safety may have the benefit of the work".

The question is that the second reading amendment on sheet 1309, circulated by Senator Pratt, be agreed to.

9:31 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question now is that the amendment on sheet 1311, circulated by the opposition, be agreed to.

Opposition's circulated amendment—

At the end of the motion, add: ", but the Senate:

(a) notes that:

(i) this Government cites the introduction of the Online Safety Bill 2021 as evidence of its commitment to women's safety,

(ii) the Member for Bowman, Mr Andrew Laming MP, is accused of trolling his own constituents online, and stated on 27 March 2021 that he would step down from all parliamentary roles, effective immediately, and

(iii) when asked whether the type of material the Member for Bowman posted is what the adult cyber abuse scheme is designed to cover, Department of Infrastructure, Transport, Regional Development and Communications officials stated at Senate Estimates on 26 May 2021 that "absolutely the intention behind this new bill, when it's passed, is to provide an avenue for people experiencing that kind of activity—to have a pathway to make complaints and have someone able to take some action"; and

(b) calls on the Prime Minister to lead by example when it comes to keeping women safe online and ensure that the Member for Bowman is discharged from the Standing Committee on Employment, Education and Training immediately".

A division having been called and the bells being rung

I've been requested by the whips to change this to a four-minute bell. I give everyone fair warning that this is the last four-minute bell. We have rolling divisions now. Senators are expected to be in the chamber under the standing orders. I'll change it to a four-minute bell, but from this point forward, it is a one-minute bell.

9:38 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question now is that the second reading amendment on sheet 1236 circulated by the Australian Greens be agreed to.

9:42 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

I will now deal with the circulated amendments, starting with government amendments. I understand there is an addendum and a supplementary explanatory memorandum to be presented.

Photo of Amanda StokerAmanda Stoker (Queensland, Liberal Party, Assistant Minister to the Attorney-General) Share this | | Hansard source

I table an addendum to the explanatory memorandum relating to the Online Safety Bill 2021. The addendum responds to concerns raised by the Scrutiny of Bills Committee, the Parliamentary Joint Committee on Human Rights and the Senate Environment and Communications Legislation Committee.

9:43 pm

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

I ask that the questions on all amendments on sheets as circulated be put separately, to reflect different voting intentions on these amendments. The opposition is happy for these to be put sheet by sheet and not further split, but, in addition to our own position, we've received pairing instructions from crossbench senators that reflect different positions on different sheets.

Photo of Amanda StokerAmanda Stoker (Queensland, Liberal Party, Assistant Minister to the Attorney-General) Share this | | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to the Online Safety Bill 2021.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

I'll go through this and do my best to reflect your request, Senator Gallagher. If I get this wrong, please point it out to me. I will first deal with the amendments to government amendment (4) on sheet 1315 circulated by the opposition. The question is that the amendments to government amendment (4) on sheet 1315 circulated by the opposition be agreed to.

Opposition's circulated amendments—

(1) Amendment (4), before paragraph 138(2)(a), insert:

(aa) the number of objection notices given to the Commissioner under section 33 during that year;

(2) Amendment (4), after paragraph 138(2)(l), insert:

(la) the number of requests made by the Commissioner under section 95 during that year;

(3) Amendment (4), at the end of subclause 183(2), add:

; (zf) the number of applications that were received by the Commissioner under the internal review scheme (see section 220A) during that year;

(zg) the number of informal notices given, and informal requests made, by the Commissioner to a person in relation to cyber bullying material targeted at an Australian child during that year;

(zh) the number of informal notices given, and informal requests made, by the Commissioner to a person in relation to non consensual sharing of intimate images during that year;

(zi) the number of informal notices given, and informal requests made, by the Commissioner to a person in relation to cyber abuse material targeted at an Australian adult during that year;

(zj) the number of informal notices given, and informal requests made, by the Commissioner to a person in relation to material that depicts abhorrent violent conduct during that year;

(zk) the number of informal notices given, and informal requests made, by the Commissioner to a person in relation to class 1 material during that year;

(zl) the number of informal notices given, and informal requests made, by the Commissioner to a person in relation to class 2 material during that year;

(zm) the number and percentage of complaints made to the Commissioner during that year for cyber bullying material targeted at an Australian child by ground or category of harm, with such grounds or categories of harm to be determined by the Commissioner;

(zn) the number and percentage of complaints made to the Commissioner during that year for non consensual sharing of intimate images by ground or category of harm, with such grounds or categories of harm to be determined by the Commissioner;

(zo) the number and percentage of complaints made to the Commissioner during that year for cyber abuse material targeted at an Australian adult by ground or category of harm, with such grounds or categories of harm to be determined by the Commissioner;

(zp) the number and percentage of complaints made to the Commissioner during that year under the online content scheme by ground or category of harm, with such grounds or categories of harm to be determined by the Commissioner.

9:48 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question now is that government amendments on sheet SW125, as amended, be agreed to.

Government's circulated amendments—

(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).

(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).

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

(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.

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

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

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

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

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

(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.

(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.

Question agreed to.

I will now deal with the remaining amendments circulated by the opposition, and for these sheets I have been requested to put the question sheet by sheet. The question is that amendments on sheet 1303, as circulated by the opposition, be agreed to.

Opposition's circulated amendments—

(1) Page 169 (before line 1), before clause 221, insert:

220B Review by the ACMA

(1) If a person may apply for a review of a decision under section 220, the person may also apply to the ACMA for a review of such a decision.

Review of decisions by the ACMA

(2) The ACMA may review such a decision if the ACMA thinks that it is desirable to do so.

Action by the ACMA in relation to review

(3) If, having reviewed a decision, the ACMA is satisfied that it should take action under this section to encourage the Commissioner to affirm, vary or revoke the decision concerned, the ACMA may, by notice in writing given to the Commissioner, recommend that the Commissioner take action in relation to the review and decision as is specified in the notice.

(4) The recommended action may include affirming, varying or revoking the decision concerned, or otherwise consulting in relation to such action.

ACMA may report to Minister on results of recommendation

(5) If:

(a) the ACMA has made a recommendation to the Commissioner under subsection (3); and

(b) the Commissioner does not, within 30 days after the recommendation was given, take action that the ACMA considers to be appropriate; the ACMA may give the Minister a written report on the matter.

(6) The Minister must table a copy of the report in each House of the Parliament within 7 sitting days of that House after the day on which the Minister received the report.

9:57 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question now is that the amendments on sheet 1304 circulated by the opposition be agreed to.

Opposition's circulated amendments—

(1) Page 148 (after line 9), after clause 183, insert:

183A Advisory committees

(1) The Commissioner may, by writing, establish advisory committees to assist the Commissioner in performing any of the Commissioner's functions.

(2) An advisory committee consists of such persons as the Commissioner from time to time appoints to the committee.

(3) The Commissioner may revoke a person's appointment to an advisory committee.

(4) The Commissioner may give an advisory committee written directions as to:

(a) the way in which the committee is to carry out its functions; and

(b) the procedures to be followed in relation to meetings.

(5) An appointment to an advisory committee is not a public office within the meaning of the Renumeration Tribunal Act 1973.

(2) Clause 184, page 148 (line 18), at the end of subclause (2), add:

; (c) the making available of the Consumer Consultative Forum established by the ACMA to assist the Commissioner to perform the Commissioner's functions in relation to matters affecting Australians.

(3) Clause 223, page 170 (after line 16), after paragraph (1)(a), insert:

(aa) a member of an advisory committee established under section 183A;

10:03 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question is that the amendments on sheet 1305 circulated by the opposition be agreed to.

Op position's circulated amendments—

(1) Page 97 (after line 11), at the end of Division 1, add:

108A Restricted access system—consultation

(1) Before making a legislative instrument under section 108, the Commissioner must:

(a) make a copy of the draft instrument available on a website; and

(b) publish a notice on a website:

(i) stating that the Commissioner has prepared a draft of the instrument; and

(ii) inviting written submissions from the public within a specified period; and

(c) circulate to relevant stakeholders an invitation to give written submissions about the draft instrument to the Commissioner within that period.

(2) The period specified in the notice must run for at least 30 days after the publication of the notice.

(3) A relevant stakeholder for the purpose of paragraph (1) (c) includes but is not limited to a person who made submissions in relation to the draft Online Safety Bill 2021, if:

(a) the person's submissions were published on the Department's website; and

(b) the Commissioner is reasonably able to contact the person.

Note: Submissions in relation to the draft Online Safety Bill 2021 could, in 2021, be viewed on the Department's website (http://www.communications.gov.au).

(4) If a person gives submissions in accordance with a notice or invitation under subsection (1), the Commissioner must have due regard to those submissions in making the instrument.

The question now is that the amendments on sheet 1312 circulated by the opposition be agreed to.

Opposition's circulated amendments:

(1) Page 180 (after line 5), after clause 239A, insert:

239B Review of operation of Part 7 of this Act — adult cyber abuse

(1) Within 1 year after the commencement of this section, the Minister must cause to be conducted an independent review of the operation of Part 7 of this Act.

(2) The Minister must cause to be prepared a written report of the review.

(3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the report is given to the Minister.

10:11 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question is that opposition amendments on sheet 1316 be agreed to.

Opposition's circulated amendments—

(1) Page 121 (after line 9), after clause 141, insert:

141A Publication of notice where no body or association represents a section of the online industry

(1) If the Commissioner is satisfied that a particular section of the online industry is not represented by a body or association, the Commissioner may publish a notice in the Gazette:

(a) stating that, if such a body or association were to come into existence within a specified period, the Commissioner would be likely to give a notice to that body or association under subsection 141(1); and

(b) setting out the matter or matters relating to online activities that would be likely to be specified in the subsection 141(1) notice.

(2) The period specified in a notice under subsection (1) must run for at least 60 days.

(2) Clause 145, page 122 (line 12), at the end of subclause (1), add:

if:

(a) the Commissioner has made a request under section 141 in relation to the development of an industry code and one or more of the following conditions is satisfied:

(i) the request is not complied with;

(ii) if a draft code is developed by the body or association—the draft does not contain appropriate community safeguards to deal with one or more matters specified in the request;

(iii) if indicative targets for achieving progress in the development of the code were specified in the notice of request—any of those indicative targets were not met;

(iv) the request is complied with, but the Commissioner subsequently refuses to register the code; or

(b) the Commissioner has published a notice under subsection 141A(1) in relation to a particular section of the online industry that is not represented by a body or association and all of the following conditions are satisfied:

(i) the notice states that, if such a body or association were to come into existence within a specified period, the Commissioner would be likely to give a notice to that body or association under subsection 141(1);

(ii) the notice sets out one or more matters relating to the online activities of the participants in that section of the industry that would be specified in a notice under subsection 141(1);

(iii) no such body or association comes into existence within the period specified in the notice; or

(c) an industry code that applies to participants in a particular section of an online industry has been registered under section 140 for at least 180 days and all of the following conditions are met:

(i) the Commissioner is satisfied that the code is deficient;

(ii) the Commissioner has given the body or association that developed the code a written notice requesting that deficiencies in the code be addressed within a specified period;

(iii) the period specified under subparagraph (ii) ends and the Commissioner is satisfied that the deficiencies in the code have not been adequately addressed.

(3) Clause 145, page 122 (after line 14), after subclause (1), insert:

(1A) For the purposes of subparagraph (1)(c)(i), an industry code that applies to participants in a particular section of an online industry and deals with one or more matters relating to the online activities of those participants is deficient if:

(a) the code is not operating to provide appropriate community safeguards in relation to one or more of those matters; or

(b) the code is not otherwise operating to regulate adequately participants in that section of the online industry in relation to that matter or those matters.

(1B) The Commissioner must not determine a standard under subsection (1) that applies to participants in a particular section of the online industry unless the Commissioner is satisfied that it is necessary or convenient for the Commissioner to determine a standard in order to:

(a) provide appropriate community safeguards in relation to one or more matters relating to the online activities of those participants; or

(b) otherwise regulate adequately participants in that section of the online industry in relation to that matter or those matters.

10:15 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question now is that the amendment circulated by the opposition on sheet 1317 be agreed to.

Op position's circulated amendment

(1) Clause 148, page 123 (line 18), at the end of subclause (1), add:

and; (c) consult the Information Commissioner and Privacy Commissioner; and

(d) consult the Human Rights Commissioner; and

(e) consult at least one body or association that represents the interests of consumers; and

(f) if the Commissioner is satisfied that a body or association represents a section of the online industry to which the industry standard or variation would apply—consult the body or association.

10:21 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question is that opposition amendments on sheet 1319 be agreed to.

Opposition's circulated amendments—

(1) Clause 5, page 13 (lines 15 to 17), omit the definition of serious harm to a person's mental health, substitute:

serious harm to a person's mental health includes:

(a) serious psychological harm; and

(b) serious distress;

but does not include mere ordinary emotional reactions such as those of only distress, grief, fear or anger.

10:23 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

I will now deal with amendments circulated by the Australian Greens, and I'll deal with these collectively, because I haven't received any different amendments circulated by the Australian Greens. I'm about to get a request to put some separately. Senator Gallagher?

Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

I ask that the questions on Greens amendments on sheets 1276 and 1235 be put separately from amendments on sheets 1275 and 1299, to reflect different voting intentions on these amendments.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Okay, so I will put them in two groups. The first question is that the amendments on sheet 1235 circulated by the Australian Greens be agreed to.

Greens circulated amendments—

(1) Clause 239A, page 179 (line 26) to page 180 (line 5), omit the clause, substitute:

239A Review of the operation of this Act

(1) The Minister must cause an independent review to be conducted of the operation of this Act.

(2) The review must start as soon as practicable after the end of 2 years after this Act commences.

(3) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.

(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

10:27 pm

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

The question now is that the amendments on sheet 1276 be agreed to.

Greens circulated amendments—

(1) Clause 105, page 91 (after line 23), at the end of the clause, add:

    (2) Clause 106, page 93 (after line 17), after subclause (1), insert:

    (1A) For the purposes of this Act, class 1 material does not include any of the following:

    (a) advertising;

    (b) online dating material;

    (c) health promotion material;

    (d) sex education and harm reduction materials for young people;

    (e) sexual minority material;

    (f) works of art.

    (3) Clause 107, page 96 (after line 14), after subclause (1), insert:

    (1A) For the purposes of this Act, class 2 material does not include any of the following:

    (a) advertising;

    (b) online dating material;

    (c) health promotion material;

    (d) sex education and harm reduction materials for young people;

    (e) sexual minority material;

    (f) works of art.

    (4) Clause 108, page 97 (after line 6), after paragraph (4) (b), insert:

    (ba) the extent to which the system may interfere with the privacy of end-users; and

    (bb) the extent of any personal information (within the meaning of the Privacy Act 1988) which the system may require end-users to provide; and

    (bc) the strength of any data protection mechanisms in place to protect personal information required to be provided; and

    (5) Page 97 (after line 11), at the end of Division 1, add:

    108A Restricted access system—consultation

    (1) Before making a legislative instrument under section 108, the Commissioner must:

    (a) make a copy of the draft instrument available on a website; and

    (b) publish a notice on a website:

      (i) stating that the Commissioner has prepared a draft of the instrument; and

      (ii) inviting written submissions from the public within a specified period; and

    (c) circulate to relevant stakeholders an invitation to give written submissions about the draft instrument to the Commissioner within that period.

    (2) The period specified in the notice must run for at least 30 days after the publication of the notice.

    (3) A relevant stakeholder for the purpose of paragraph (1) (c) includes but is not limited to a person who made submissions in relation to the draft Online Safety Bill 2021, if:

    (a) the person's submissions were published on the Department's website; and

    (b) the Commissioner is reasonably able to contact the person.

    Note: Submissions in relation to the draft Online Safety Bill 2021 could, in 2021, be viewed in on the Department's website (http://www.communications.gov.au).

    (4) If a person gives submissions in accordance with a notice or invitation under subsection (1), the Commissioner must have due regard to those submissions in making the instrument.

    (6) Clause 119, page 104 (lines 10 and 11), omit "covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l)".

    (7) Clause 119, page 104 (after line 27), after subclause (1), insert:

    (1A) In deciding whether to give a remedial notice under subsection (1) in relation to class 2 material covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l), the Commissioner must consider:

    (a) the purpose for which the material was published; and

    (b) whether it would be in the public interest to give the remedial notice; and

    (c) the extent to which the interests of relevant persons, including end-users, would be affected by the giving of the remedial notice.

    (1B) Subsection (1A) does not limit the matters the Commissioner may consider in deciding whether to give a remedial notice under subsection (1).

    (8) Clause 120, page 105 (lines 8 and 9), omit "covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l)".

    (9) Clause 120, page 105 (after line 26), after subclause (1), insert:

    (1A) In deciding whether to give a remedial notice under subsection (1) in relation to class 2 material covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l), the Commissioner must consider:

    (a) the purpose for which the material was published; and

    (b) whether it would be in the public interest to give the remedial notice; and

    (c) the extent to which the interests of relevant parties and end-users would be affected by the giving of the remedial notice.

    (1B) Subsection (1A) does not limit the matters the Commissioner may consider in deciding whether to give a remedial notice under subsection (1).

    10:30 pm

    Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

    I'll now put the remaining two sheets of amendments, unless I have a request to put them separately. The question is that amendments on sheets 1275 and 1299 as circulated by the Australian Greens be agreed to.

    Greens circulated amendments—

    SHEET 1275

    (1) Clause 46, page 46 (after line 32), after paragraph (1) (f), insert:

    (fa) the expectation that, when meeting the expectations set out in paragraphs (a) to (f), the provider of the service will take reasonable steps to:

      (i) ensure that material is not removed unnecessarily; and

      (ii) ensure that access to material is not restricted unnecessarily; and

      (iii) minimise the impact of meeting basic online safety expectations on freedom of expression, including expression in the form of advertising and educational materials and as part of the conduct of lawful business;

    _____

    SHEET 1299

    (1) Clause 140, page 119 (after line 30), at the end of subparagraph (1) (e) (ii), add:

      (iii) the body or association consulted with at least one body or association that represents the interests of consumers about the development of the code; and

    10:35 pm

    Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

    I made a mistake in my voting intentions on sheet 1303 and seek leave to recommit for that.

    Leave granted.

    Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

    The question is that amendments on sheet 1303, as circulated by the opposition, be agreed to.

    Question negatived.