Competition and Consumer Act 2010

This section applies if:

a notification has been made for the purposes of subsection 52ZE(1) to a responsible digital platform corporation for a designated digital platform service; and

one of the core bargaining issues (the remuneration issue) concerns the remuneration to be paid to a registered news business for the making available of the registered news business’ covered news content by the designated digital platform service.

The bargaining party that is the bargaining news business representative may give a notice to the Commission that arbitration about the remuneration issue should start, if:

both of the following conditions are satisfied:

mediation in respect of the core bargaining issues has terminated in accordance with section 52ZIC;

the bargaining parties had not reached an agreement about terms for resolving the remuneration issue before the mediation terminated; or

the bargaining parties have agreed to arbitration about terms for resolving the remuneration issue no earlier than 10 business days after the notification referred to in paragraph (1)(a) was made.

The notice must:

be in writing; and

if regulations made for the purposes of this paragraph specify requirements—meet those requirements.

However, the bargaining party that is the bargaining news business representative cannot give a notice under subsection (2) at a time if, within the period of 24 months ending at that time, a notice has been given under subsection (2) in respect of:

the designated digital platform service mentioned in paragraph (1)(a); and

the registered news business mentioned in paragraph (1)(b).

As soon as practicable after the Commission has been given a notice under subsection (2), it must give the ACMA and each of the bargaining parties a notice stating that:

an arbitral panel is to be formed; and

the members of the panel are to be appointed in accordance with section 52ZM.