Document ID: chunk:federal_register_of_legislation:C2021A00021:clause:1_52e
Version: federal_register_of_legislation:C2021A00021
Segment Type: clause
Provision Reference: sch 1 cl 52E
Character Range: 10053–11913

52E  Minister may make designation determination
 (1) The Minister may, by legislative instrument, make a determination that:
 (a) specifies one or more services covered by subsection (2) in relation to a corporation as designated digital platform services of the corporation; and
 (b) specifies the corporation as a designated digital platform corporation.
 (2) This subsection covers a service in relation to a corporation if:
 (a) the corporation, either by itself or together with one or more related bodies corporate of the corporation, operates or controls the service; or
 (b) a related body corporate of the corporation, either by itself or together with one or more other related bodies corporate of the corporation, operates or controls the service.
 (3) In making the determination, the Minister must consider:
 (a) whether there is a significant bargaining power imbalance between Australian news businesses and the group comprised of the corporation and all of its related bodies corporate; and
 (b) whether that group has made a significant contribution to the sustainability of the Australian news industry through agreements relating to news content of Australian news businesses (including agreements to remunerate those businesses for their news content).
 (4) In making the determination, the Minister may consider any reports or advice of the Commission.
 (5) Before making the determination, the Minister must give the corporation notice in writing that the Minister intends to make a determination under subsection (1) specifying the corporation and a particular service or particular services.
 (6) The Minister must not make the determination before the end of the period of 30 days starting on the day on which the notice under subsection (5) is given.

Division 3—Registered news businesses and registered news business corporations