COMPETITION AND CONSUMER ACT 2010 - SECT 52ZZL Contracting out of general requirements, bargaining and arbitration

COMPETITION AND CONSUMER ACT 2010 - SECT 52ZZL

  (1)   Subsection   (2) applies if:

  (a)   a responsible digital platform corporation for a designated digital platform corporation (or a related body corporate of such a responsible digital platform corporation) makes a binding agreement with another corporation (the news business corporation ); and

  (b)   the agreement provides that it covers specified corporations (the covered corporations ); and

  (c)   each covered corporation is:

  (i)   the responsible digital platform corporation; or

  (ii)   a related body corporate of the responsible digital platform corporation; or

  (iii)   the news business corporation; or

  (iv)   a related body corporate of the news business corporation; and

  (d)   the agreement specifies the period (the covered period ) during which it is in force; and

  (e)   the agreement specifies one or more designated digital platform services or other services (the covered services ) of the designated digital platform corporation; and

  (f)   the agreement expressly provides that some or all provisions mentioned in subsection   (4) (the specified provisions ) are not to apply to the extent that they would impose an obligation on one covered corporation in respect of another covered corporation in relation to the covered services; and

  (g)   the parties to the agreement notify the Commission, in writing, that the agreement has been made.

  (2)   The specified provisions do not apply to the extent that (disregarding this subsection) they impose an obligation on one covered corporation in respect of another covered corporation in relation to the covered services that are designated digital platform services.

  (3)   However, subsection   (2) does not apply if:

  (a)   an arbitration under Division   7 started in relation to any of the covered services in respect of the payment of remuneration, for a period starting or ending in the covered period, to the news business corporation (or a related body corporate of the news business corporation); and

  (b)   before the agreement was made:

  (i)   the panel made a determination in accordance with subsection   52ZX(1); or

  (ii)   a bargaining party gave information in order to comply with a request made under subsection   52ZT(1).

  (4)   The provisions are as follows:

  (a)   Division   4 (general requirements);

  (b)   Division   6 (bargaining);

  (c)   Division   7 (arbitration about remuneration issue).