There being no further speakers, I'll put the question. The question is that the amendments moved by the member for Bradfield be agreed to.

Question negatived.

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

Member for Fowler's circulated amendments—

(1) Schedule 2, item 6, page 34 (after line 20), after the definition of seriously harmful material or conduct, insert:

small business entity: a person is a small business entity at a time if the person is a small business entity (within the meaning of the Income Tax Assessment Act 1997) for the income year (within the meaning of that Act) in which the time occurs.

(2) Schedule 2, item 8, page 36 (after line 13), at the end of Division 1, add:

25AA Small business entities

Exemption

(1) This Part does not apply in relation to a person who is responsible for an online service if the person is a small business entity.

When the exemption does not apply

(2) Subsection (1) does not apply in relation to an online service if the online service:

(a) allows end-users to post, share or send material to other end-users, or to communicate in other ways with other end-users; or

(b) provides, or links to, pornography; or

(c) generates, enables end-users to generate, provides, or links to, AI-generated nudity; or

(d) is targeted at children.

(3) If the Commissioner is satisfied that an online service poses a material risk of serious harm to users of the service in Australia, the Commissioner may declare, in writing, that subsection (1) does not apply in relation to the online service. The declaration has effect according to its terms.

(4) The Commissioner must ensure that a declaration made under subsection (3) is published on the Commissioner's website as soon as is practicable after the declaration is made.

(5) A declaration made by the Commissioner under subsection (3) is not a legislative instrument.

Interpretation

(6) In this section:

AI-generated nudity means an image or video that:

(a) is generated or altered, wholly or partly, using artificial intelligence; and

(b) depicts, or appears to depict, a person in a state of nudity, whether:

(i) the person is real or fictional; or

(ii) the depiction is realistic or non-realistic.

(3) Schedule 2, item 8, page 45 (lines 8 to 9) omit subsection 26A(3), substitute:

(3) For the purposes of subsection (1), the cost of the action or measures:

(a) must not be taken into account if the person responsible for the online service is not a small business entity; and

(b) must be taken into account if the person responsible for the online service is a small business entity.

(4) Schedule 2, Part 3, page 83 (after line 22), at the end of the Part, add:

58 Delayed application to small business entities

Small business cost assessment

(1) The Minister who administers the Online Safety Act 2021 must cause an independent assessment to be conducted of the likely costs for small business entities of complying with Part 2 of the Online Safety Act 2021 (as amended by Part 1 of this Schedule).

(2) The person conducting the assessment must give the Minister a written report of the assessment.

(3) The Minister must cause a copy of the report of the assessment to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

Delayed application of amendments

(4) If a responsible entity for an online service is a small business entity, Part 2 of the Online Safety Act 2021 (as amended by Part 1 of this Schedule) applies in relation to the responsible entity after the end of the period of 6 months beginning on the first day on which a copy of the report of the assessment has been tabled in both Houses of the Parliament as mentioned in subitem (3).

Note: Section 25AA of the Online Safety Act 2021 (as amended by Part 1 of this Schedule) provides for an exemption from Part 2 of that Act for small business entities in certain circumstances. Nothing in this subitem affects that exemption. The effect of this subitem is that, for small business entities that are not covered by that exemption, Part 2 of that Act will apply to those entities only after the end of the 6-month period mentioned in this subitem.

Interpretation

(5) A term that is used in this item that is defined in the Online Safety Act 2021 (as amended by Part 1 of this Schedule) has the same meaning in this item as it has in that Act.