22nd Jun 2021, 9:50 PM – Senate Online Safety Bill 2021 - Second Reading - Review by the ACMA

The majority voted in favour of amendments introduced by the Opposition, which means they will now be included in the bill when it returns to the House of Representatives, for their consideration.

Amendment text

(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.