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

Member for Curtin's circulated amendments—

(1) Schedule 2, item 8, page 39 (after line 31), after paragraph 25E(1)(d), insert:

(da) material or conduct that simulates emotional intimacy and encourages or fosters a child's dependence on it in place of human relationships;

(2) Schedule 2, item 8, page 47 (line 33), omit "User", substitute "Providing user".

(3) Schedule 2, item 8, page 49 (after line 7), after section 27B, insert:

27BA User empowerment tools must be prominent and accessible

(1) A user empowerment tool must be designed, offered and managed so that:

(a) the tool is:

(i) accessible; and

(ii) easy to use; and

(iii) prominently available on the service; and

(iv) functional; and

(v) available on an ongoing basis; and

(b) use of the tool does not:

(i) affect the general functionality of the service; or

(ii) reduce or impair user experience.

Civil penalty

(2) A person responsible for an online service must ensure that user empowerment tools provided by the service for users of the service meet the requirements set out in subsection (1).

Civil penalty: 6,000 penalty units.

Formal warnings

(3) The Commissioner may issue a formal warning if the Commissioner reasonably believes that a person responsible for an online service has failed, or is failing, to ensure that user empowerment tools provided by the service for users of the service in Australia meet the requirements set out in subsection (1).

(4) Schedule 2, item 8, page 49 (lines 10 to 22), omit subsections 27C(1) and (2), substitute:

Scope

(1) This section applies if the Commissioner reasonably believes that a person responsible for an online service has failed, or is failing, to comply with one of the following requirements:

(a) a requirement in section 27 (risk assessments);

(b) a requirement in an instrument made under subsection 27A(1) (providing user empowerment tools);

(c) subsection 27BA(2) (user empowerment tools must be prominent and accessible).

Remedial directions

(2) The Commissioner may give the person a written direction requiring the person to take specified action directed towards ensuring that the person does not fail, or is unlikely to fail, to comply with the requirement mentioned in subsection (1) in the future.

Note: For variation or revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(5) Schedule 2, item 15, page 55 (after line 17), after paragraph 163(1)(aa), insert:

(aaa) section 27BA;

(6) Schedule 2, item 19, page 57 (after line 4), after paragraph 163AA(2)(b), insert:

(ba) section 27BA (user empowerment tools must be prominent and accessible);

(7) Schedule 2, item 20, page 57 (after line 24), after paragraph 164(1)(ab), insert:

(aba) section 27BA;

(8) Schedule 2, item 22, page 58 (after line 5), after paragraph 165(1)(ab), insert:

(aba) section 27BA;