22nd Jun 2021, 10:28 PM – Senate Online Safety Bill 2021 - Second Reading - Excluded content and privacy

The majority voted against amendments introduced by the Australian Greens, which means they failed.

Amendment text

(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).