House debates Bills
Online Safety Amendment (Digital Duty of Care) Bill 2026; Consideration in Detail
Milton Dick Speaker
11:11 am
The question now is that the amendments circulated by the honourable member for Bradfield be agreed to.
Member for Bradfield's circulated amendments—
(1) Schedule 2, item 6, page 33 (before line 22), before the definition of data access rules, insert:
annual global turnover, of a body corporate for an income year, has the meaning prescribed by the rules for the purposes of this definition.
(2) Schedule 2, item 6, page 34 (after line 8), after the definition of harmful to children, insert:
income year has the same meaning as in the Income Tax Assessment Act 1997.
(3) Schedule 2, item 8, page 45 (lines 14 to 17), omit section 26C, substitute:
26C Compliance with the digital duty of care
(1) A person must not fail to comply with the person's digital duty of care.
Civil penalty:
(a) if the person is not a body corporate—60,000 penalty units; or
(b) if the person is a body corporate—the greater of:
(i) 300,000 penalty units; and
(ii) 5% of the person's annual global turnover for the income year in which the contravention of this subsection occurs.
(2) Despite paragraph 82(5)(a) of the Regulatory Powers Act, the pecuniary penalty payable by a body corporate for a contravention of subsection (1) of this section must not be more than the pecuniary penalty specified in paragraph (1)(b) of this section.
(4) Schedule 2, item 8, page 48 (line 31), omit the penalty, substitute:
Civil penalty:
(a) if the person is not a body corporate—60,000 penalty units; or
(b) if the person is a body corporate—the greater of:
(i) 300,000 penalty units; and
(ii) 5% of the person's annual global turnover for the income year in which the contravention of this subsection occurs.
(5) Schedule 2, item 8, page 48 (after line 31), after subsection 27B(1), insert:
(1A) Despite paragraph 82(5)(a) of the Regulatory Powers Act, the pecuniary penalty payable by a body corporate for a contravention of subsection (1) of this section must not be more than the pecuniary penalty specified in paragraph (1)(b) of this section.
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