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senate vote 2021-06-22#30
Edited by
mackay staff
on
2021-07-23 09:15:29
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Title
Bills — Online Safety Bill 2021, Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021; Second Reading- Online Safety Bill 2021 - Second Reading - Excluded content and privacy
Description
<p class="speaker">Scott Ryan</p><p>The question now is that the amendments on sheet 1276 be agreed to.</p><p class="italic"> <i>Greens circulated amendments—</i></p>- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2021-06-22.289.1) introduced by the Australian Greens, which means they failed.
- ### Amendment text
- > *(1) Clause 105, page 91 (after line 23), at the end of the clause, add:*
- >
- > *(2) Clause 106, page 93 (after line 17), after subclause (1), insert:*
- >
- >> *(1A) For the purposes of this Act, class 1 material does not include any of the following:*
- >>
- >>> *(a) advertising;*
- >>>
- >>> *(b) online dating material;*
- >>>
- >>> *(c) health promotion material;*
- >>>
- >>> *(d) sex education and harm reduction materials for young people;*
- >>>
- >>> *(e) sexual minority material;*
- >>>
- >>> *(f) works of art.*
- >
- > *(3) Clause 107, page 96 (after line 14), after subclause (1), insert:*
- >
- >> *(1A) For the purposes of this Act, class 2 material does not include any of the following:*
- >>
- >>> *(a) advertising;*
- >>>
- >>> *(b) online dating material;*
- >>>
- >>> *(c) health promotion material;*
- >>>
- >>> *(d) sex education and harm reduction materials for young people;*
- >>>
- >>> *(e) sexual minority material;*
- >>>
- >>> *(f) works of art.*
- >
- > *(4) Clause 108, page 97 (after line 6), after paragraph (4) (b), insert:*
- >
- >> *(ba) the extent to which the system may interfere with the privacy of end-users; and*
- >>
- >> *(bb) the extent of any personal information (within the meaning of the Privacy Act 1988) which the system may require end-users to provide; and*
- >>
- >> *(bc) the strength of any data protection mechanisms in place to protect personal information required to be provided; and*
- >
- > *(5) Page 97 (after line 11), at the end of Division 1, add:*
- >
- >> *108A Restricted access system—consultation*
- >>
- >> *(1) Before making a legislative instrument under section 108, the Commissioner must:*
- >>
- >>> *(a) make a copy of the draft instrument available on a website; and*
- >>>
- >>> *(b) publish a notice on a website:*
- >>>
- >>>> *(i) stating that the Commissioner has prepared a draft of the instrument; and*
- >>>>
- >>>> *(ii) inviting written submissions from the public within a specified period; and*
- >>>
- >>> *(c) circulate to relevant stakeholders an invitation to give written submissions about the draft instrument to the Commissioner within that period.*
- >>
- >> *(2) The period specified in the notice must run for at least 30 days after the publication of the notice.*
- >>
- >> *(3) A relevant stakeholder for the purpose of paragraph (1) (c) includes but is not limited to a person who made submissions in relation to the draft Online Safety Bill 2021, if:*
- >>
- >>> *(a) the person's submissions were published on the Department's website; and*
- >>>
- >>> *(b) the Commissioner is reasonably able to contact the person.*
- >>
- >> *Note: Submissions in relation to the draft Online Safety Bill 2021 could, in 2021, be viewed in on the Department's website (http://www.communications.gov.au).*
- >
- > *(4) If a person gives submissions in accordance with a notice or invitation under subsection (1), the Commissioner must have due regard to those submissions in making the instrument.*
- >
- > *(6) Clause 119, page 104 (lines 10 and 11), omit "covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l)".*
- >
- > *(7) Clause 119, page 104 (after line 27), after subclause (1), insert:*
- >
- >> *(1A) In deciding whether to give a remedial notice under subsection (1) in relation to class 2 material covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l), the Commissioner must consider:*
- >>
- >>> *(a) the purpose for which the material was published; and*
- >>>
- >>> *(b) whether it would be in the public interest to give the remedial notice; and*
- >>>
- >>> *(c) the extent to which the interests of relevant persons, including end-users, would be affected by the giving of the remedial notice.*
- >>
- >> *(1B) Subsection (1A) does not limit the matters the Commissioner may consider in deciding whether to give a remedial notice under subsection (1).*
- >
- > *(8) Clause 120, page 105 (lines 8 and 9), omit "covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l)".*
- >
- > *(9) Clause 120, page 105 (after line 26), after subclause (1), insert:*
- >
- >> *(1A) In deciding whether to give a remedial notice under subsection (1) in relation to class 2 material covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l), the Commissioner must consider:*
- >>
- >>> *(a) the purpose for which the material was published; and*
- >>>
- >>> *(b) whether it would be in the public interest to give the remedial notice; and*
- >>>
- >>> *(c) the extent to which the interests of relevant parties and end-users would be affected by the giving of the remedial notice.*
- >>
- >> *(1B) Subsection (1A) does not limit the matters the Commissioner may consider in deciding whether to give a remedial notice under subsection (1).*
<p class="italic">(1) Clause 105, page 91 (after line 23), at the end of the clause, add:</p><ul></ul><p class="italic">(2) Clause 106, page 93 (after line 17), after subclause (1), insert:</p><p class="italic">(1A) For the purposes of this Act, <i>class 1 material</i> does not include any of the following:</p><p class="italic">(a) advertising;</p><p class="italic">(b) online dating material;</p><p class="italic">(c) health promotion material;</p><p class="italic">(d) sex education and harm reduction materials for young people;</p><p class="italic">(e) sexual minority material;</p><p class="italic">(f) works of art.</p><p class="italic">(3) Clause 107, page 96 (after line 14), after subclause (1), insert:</p><p class="italic">(1A) For the purposes of this Act, <i>class 2 material</i> does not include any of the following:</p><p class="italic">(a) advertising;</p><p class="italic">(b) online dating material;</p><p class="italic">(c) health promotion material;</p><p class="italic">(d) sex education and harm reduction materials for young people;</p><p class="italic">(e) sexual minority material;</p><p class="italic">(f) works of art.</p><p class="italic">(4) Clause 108, page 97 (after line 6), after paragraph (4) (b), insert:</p><p class="italic">(ba) the extent to which the system may interfere with the privacy of end-users; and</p><p class="italic">(bb) the extent of any personal information (within the meaning of the <i>Privacy Act 1988</i>) which the system may require end-users to provide; and</p><p class="italic">(bc) the strength of any data protection mechanisms in place to protect personal information required to be provided; and</p><p class="italic">(5) Page 97 (after line 11), at the end of Division 1, add:</p><p class="italic">108A Restricted access system—consultation</p><p class="italic">(1) Before making a legislative instrument under section 108, the Commissioner must:</p><p class="italic">(a) make a copy of the draft instrument available on a website; and</p><p class="italic">(b) publish a notice on a website:</p><p class="italic">  (i) stating that the Commissioner has prepared a draft of the instrument; and</p><p class="italic">  (ii) inviting written submissions from the public within a specified period; and</p><p class="italic">(c) circulate to relevant stakeholders an invitation to give written submissions about the draft instrument to the Commissioner within that period.</p><p class="italic">(2) The period specified in the notice must run for at least 30 days after the publication of the notice.</p><p class="italic">(3) A relevant stakeholder for the purpose of paragraph (1) (c) includes but is not limited to a person who made submissions in relation to the draft <i>Online Safety Bill 2021</i>, if:</p><p class="italic">(a) the person's submissions were published on the Department's website; and</p><p class="italic">(b) the Commissioner is reasonably able to contact the person.</p><p class="italic">Note: Submissions in relation to the draft <i>Online Safety Bill 2021</i> could, in 2021, be viewed in on the Department's website (http://www.communications.gov.au).</p><p class="italic">(4) If a person gives submissions in accordance with a notice or invitation under subsection (1), the Commissioner must have due regard to those submissions in making the instrument.</p><p class="italic">(6) Clause 119, page 104 (lines 10 and 11), omit "covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l)".</p><p class="italic">(7) Clause 119, page 104 (after line 27), after subclause (1), insert:</p><p class="italic">(1A) In deciding whether to give a remedial notice under subsection (1) in relation to class 2 material covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l), the Commissioner must consider:</p><p class="italic">(a) the purpose for which the material was published; and</p><p class="italic">(b) whether it would be in the public interest to give the remedial notice; and</p><p class="italic">(c) the extent to which the interests of relevant persons, including end-users, would be affected by the giving of the remedial notice.</p><p class="italic">(1B) Subsection (1A) does not limit the matters the Commissioner may consider in deciding whether to give a remedial notice under subsection (1).</p><p class="italic">(8) Clause 120, page 105 (lines 8 and 9), omit "covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l)".</p><p class="italic">(9) Clause 120, page 105 (after line 26), after subclause (1), insert:</p><p class="italic">(1A) In deciding whether to give a remedial notice under subsection (1) in relation to class 2 material covered by paragraph 107(1) (f), (g), (h), (i), (j), (k) or (l), the Commissioner must consider:</p><p class="italic">(a) the purpose for which the material was published; and</p><p class="italic">(b) whether it would be in the public interest to give the remedial notice; and</p><p class="italic">(c) the extent to which the interests of relevant parties and end-users would be affected by the giving of the remedial notice.</p><p class="italic">(1B) Subsection (1A) does not limit the matters the Commissioner may consider in deciding whether to give a remedial notice under subsection (1).</p>
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