Division Description Changes — Bills — Online Safety Bill 2021, Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021; Second Reading — 22nd Jun 2021

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senate vote 2021-06-22#24

Edited by mackay staff

on 2021-07-23 12:33:57

Title

  • Bills — Online Safety Bill 2021, Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021; Second Reading
  • Online Safety Bill 2021 - Second Reading - Restricted access system consultation

Description

  • <p class="speaker">Scott Ryan</p>
  • <p>The question is that the amendments on sheet 1305 circulated by the opposition be agreed to.</p>
  • <p> <i>Op</i> <i>position's circulated amendments&#8212;</i></p>
  • The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-06-22.277.1) introduced by the Australian Labor Party, which means they failed.
  • ### Amendment text
  • > *(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.*
  • <p class="italic">(1) Page 97 (after line 11), at the end of Division 1, add:</p>
  • <p class="italic">108A Restricted access system&#8212;consultation</p>
  • <p class="italic">(1) Before making a legislative instrument under section 108, the Commissioner must:</p>
  • <p class="italic">(a) make a copy of the draft instrument available on a website; and</p>
  • <p class="italic">(b) publish a notice on a website:</p>
  • <p class="italic">(i) stating that the Commissioner has prepared a draft of the instrument; and</p>
  • <p class="italic">(ii) inviting written submissions from the public within a specified period; and</p>
  • <p class="italic">(c) circulate to relevant stakeholders an invitation to give written submissions about the draft instrument to the Commissioner within that period.</p>
  • <p class="italic">(2) The period specified in the notice must run for at least 30 days after the publication of the notice.</p>
  • <p class="italic">(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 <i>Online Safety Bill 2021</i>, if:</p>
  • <p class="italic">(a) the person's submissions were published on the Department's website; and</p>
  • <p class="italic">(b) the Commissioner is reasonably able to contact the person.</p>
  • <p class="italic">Note: Submissions in relation to the draft <i>Online Safety Bill 2021</i> could, in 2021, be viewed on the Department's website (http://www.communications.gov.au).</p>
  • <p class="italic">(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.</p>
  • <p>The question now is that the amendments on sheet 1312 circulated by the opposition be agreed to.</p>
  • <p class="italic"> <i>Opposition's circulated amendments:</i></p>
  • <p class="italic">(1) Page 180 (after line 5), after clause 239A, insert:</p>
  • <p class="italic">239B Review of operation of Part 7 of this Act &#8212; adult cyber abuse</p>
  • <p class="italic">(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.</p>
  • <p class="italic">(2) The Minister must cause to be prepared a written report of the review.</p>
  • <p class="italic">(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.</p>