24th Feb 2021, 12:04 PM – Senate Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 - in Committee - Minister's determination

The majority voted against an amendment introduced by South Australian Senator Sarah Hanson-Young (Greens), which means it failed.

This was an amendment to an original Government amendment.

Senator Hanson-Young explained that:

It is an amendment to the government's amendment in relation to schedule 1, item 1, page 8, proposed subsection (3)(b). It goes to this point that we've been debating here this morning in relation to significant contributions to the sustainability of the Australian news industry. I think it's fair to say that all the questions this morning have been surrounding this element. As I said, there is a concern that, unless this is specifically referenced, small, medium and regional publishers will be overlooked in that definition of the significant contribution. So all I am asking for is that we clarify that in paragraph (3)(b) with the words 'including by entering into agreements with a significant number of those businesses'—and this is the important amendment—'that include small, medium and regional organisations'. The government has said it intends to ensure that this is the case. I don't see why there would be any problem in ensuring that they are included. I urge the government to accept this amendment. It would put at ease a number of nervous organisations this morning.

Amendment text

AMENDMENT OF GOVERNMENT AMENDMENTS [SHEET PG138]

(1) Paragraph (3)(b), omit "(including agreements to remunerate those businesses for their news content)", substitute "(including by entering into agreements with a significant number of those businesses, that include small, medium and regional organisations, to remunerate those businesses for their news content)".

Original Government amendment text

(1) Schedule 1, item 1, page 8 (lines 10 to 13), omit subsection 52E(3), substitute:

(3) In making the determination, the Minister must consider:

(a) whether there is a significant bargaining power imbalance between Australian news businesses and the group comprised of the corporation and all of its related bodies corporate; and

(b) whether that 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).