The question now is that the amendments circulated by the member for Mackellar be agreed to.

Member for Mackellar's circulated amendments—

(1) Schedule 2, item 8, page 51 (after line 27), after subsection 27G(1), insert:

(1A) The Online Services Ombudsman Scheme established under subsection 27GA(1) is not a complaint and dispute process for the purposes of subsection (1) of this section.

Note: This means that a person responsible for a prescribed online service cannot satisfy the requirement in subsection (1) of this section by being a member of the Online Services Ombudsman Scheme.

(2) Schedule 2, item 8, page 52 (after line 12), after section 27G, insert:

27GA Online Services Ombudsman Scheme

(1) The Minister must, by legislative instrument (the scheme instrument), and in accordance with this section:

(a) establish a scheme to be known as the Online Services Ombudsman Scheme; and

(b) provide for the operation of the scheme.

(2) The scheme instrument must specify a start date for the scheme.

Online Services Ombudsman

(3) The Online Services Ombudsman is:

(a) unless paragraph (b) applies—the Telecommunications Industry Ombudsman (within the meaning of the Telecommunications (Consumer Protection and Service Standards Act) 1999); or

(b) the person (if any) prescribed by the scheme instrument to be the Online Services Ombudsman.

Function of scheme

(4) The function of the scheme must be for the Online Services Ombudsman to:

(a) investigate; and

(b) make determinations relating to; and

(c) give directions relating to;

complaints about:

(d) prescribed online services; and

(e) other matters (if any) specified in the scheme instrument.

Note: For prescribed online service, see subsection 27G(2).

(5) The scheme instrument may specify:

(a) requirements for the scheme; and

(b) without limiting paragraph (a), requirements to be complied with by any of the following in relation to the scheme:

(i) the Online Services Ombudsman;

(ii) a member of the scheme;

(iii) a person or entity specified in the scheme instrument.

(6) The scheme instrument may confer powers or functions on the Online Services Ombudsman, or on another person or body, in relation to the scheme.

Members of the scheme

(7) Each person responsible for a prescribed online service is to be a member of the scheme.

Funding for the scheme

(8) The scheme instrument must:

(a) require the members of the scheme to fund the operation of the scheme; and

(b) specify arrangements for funding the operation of the scheme.

No charges for end-users

(9) An end-user of a prescribed online service is not liable to pay any fee or charge (however described) to a person responsible for a prescribed online service in respect of a complaint made under the scheme by the end-user of the prescribed online service.

Relevant matters and consultation

(10) When making or amending the scheme instrument, the Minister must have regard to the following matters:

(a) accessibility;

(b) independence;

(c) fairness;

(d) accountability;

(e) efficiency;

(f) effectiveness;

(g) such other matters (if any) as the Minister considers relevant.

(11) Before making or amending the scheme instrument, the Minister must consult with:

(a) the Commissioner; and

(b) the Online Services Ombudsman.

27GB Complying with the Online Services Ombudsman Scheme etc.

A person responsible for a prescribed online service must comply with:

(a) any requirements in an instrument made by the Minister under subsection 27GA(1); and

(b) without limiting paragraph (a) of this section, any directions given by the Online Services Ombudsman, as mentioned in paragraph 27GA(4)(c), in connection with the Online Services Ombudsman Scheme.

(3) Schedule 2, item 8, page 52 (line 13), at the end of the heading to section 27H, add "and the Online Services Ombudsman Scheme".

(4) Schedule 2, item 8, page 52 (line 16), after "subsection 27G(1)", insert "or section 27GB".

(5) Schedule 2, item 8, page 52 (line 21), after "subsection 27G(1)", insert "or section 27GB".