Andrew McLachlan (SA, Deputy-President) | Hansard source

The question before the committee is that Senator Canavan's remaining amendments on sheet 3181 and the amendments on sheets 3180, 3183, 3195, 3215 and 3216 be agreed to.

Senator Canavan's circulated amendments—

SHEET 3180

(1) Schedule 1, item 7, page 6 (line 26), before "A provider", insert "(1)".

(2) Schedule 1, item 7, page 6 (after line 29), at the end of section 63D, add:

(2) For the purposes of subsection (1), the taking of reasonable steps to prevent age-restricted users having accounts with an age-restricted social media platform does not include creating, collecting or using the digital ID (within the meaning of the Digital ID Act 2024) of an individual for the purpose of determining whether or not the individual is an age-restricted user.

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SHEET 3181

(1) Schedule 1, item 5, page 4 (lines 5 to 8), omit paragraphs 27(1)(qa) and (qb), substitute:

(qa) to promote guidelines formulated under section 63EA.

(3) Schedule 1, item 7, page 7 (after line 13), at the end of Division 2, add:

63EA Ministerial guidelines on reasonable steps

The Minister must, by legislative instrument, formulate guidelines for the taking of reasonable steps to prevent age-restricted users having accounts with age-restricted social media platforms.

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SHEET 3183

(1) Schedule 1, item 7, page 6 (before line 18), before paragraph 63C(7)(a), insert:

(aa) the Minister must be satisfied that the legislative rules would not have the effect, or be likely to have the effect, of substantially lessening competition in the market for that kind of electronic service; and

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SHEET 3195

(1) Schedule 1, item 7, page 5 (line 1) to page 6 (line 22), omit section 63C, substitute:

63C Age-restricted social media platform

(1) For the purposes of this Act, age-restricted social media platform means an electronic service that satisfies the following conditions:

(a) the service allows end-users to upload content or view the content or activity of other end-users;

(b) at least 10% of daily active end-users of the service who are under the age of 16 spend an average of at least two hours per day using the service;

(c) the service employs algorithms that analyse end-user data or information to select content for end-users;

(d) the service has any of the following addictive features:

(i) infinite scrolling;

(ii) push notifications or alerts intended to inform an end-user about specific activities or events related to the user's account or activity on the service;

(iii) interactive metrics intended to inform an end-user about the number of times other end-users have reacted to content or have shared or reposted content.

Note: An age-restricted social media platform may be, but is not necessarily, a social media service under section 13.

(2) An electronic service is not an age-restricted social media platform if none of the material on the service is accessible to, or delivered to, one or more end-users in Australia.

(3) In this section:

infinite scrolling means either:

(a) continuously loading content or content that loads as the user scrolls down the page without the need to open a separate page; or

(b) seamless content or the use of pages with no visible or apparent end or page breaks.

(2) Schedule 1, item 7, page 9 (lines 10 to 15), omit subsection 63G(2), substitute:

(2) This section also applies to a person if the Commissioner believes on reasonable grounds that the person is a provider of an electronic service.

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SHEET 3215

(1) Schedule 1, item 7, page 7 (line 27), omit "applies; or", substitute "applies;".

(2) Schedule 1, item 7, page 7 (lines 28 to 29), omit subparagraph 63F(1)(b)(iii).

(3) Schedule 1, item 7, page 8 (lines 3 to 11), omit subsection 63F(2).

(4) Schedule 1, item 7, page 8 (line 17), omit "the purposes for which it was collected", substitute "the purpose of taking reasonable steps to prevent age-restricted users having accounts with the platform".

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SHEET 3216

(1) Schedule 1, item 2, page 3 (lines 14 to 15), omit the definition of age-restricted user in section 5, substitute:

age-restricted user has the meaning given by section 63CA.

(2) Schedule 1, item 7, page 6 (after line 22), at the end of Division 1, add:

63CA Age-restricted user

(1) For the purposes of this Act, age-restricted user means an Australian child who has not reached 16 years.

(2) Despite subsection (1), an individual is not an age-restricted user if:

(a) a parent or guardian of the individual consents to the individual not being an age-restricted user; and

(b) the individual meets the criteria (if any) specified in the legislative rules.

(3) Without limiting paragraph (2)(b), the criteria specified under that paragraph may relate to:

(a) the age of the individual; and

(b) whether the individual has a disability or other special needs.