Competition and Consumer Act 2010

An offer by a responsible digital platform corporation for a designated digital platform corporation complies with this subsection if:

the responsible digital platform corporation makes the offer to each registered news business corporation covered by subsection (2) (a covered RNBC); and

the offer provides for the matters in subsection (3) (acceptance procedure); and

the offer provides that a binding agreement resulting from it will have:

the features mentioned in subsection (4) (formal matters); and

the features mentioned in subsection (5) (remuneration).

A registered news business corporation is covered by this subsection unless:

regulations made for the purposes of this paragraph specify a kind or kinds of registered news business corporation; and

the registered news business corporation is not of that kind or one of those kinds.

For the purposes of paragraph (1)(b), the matters are as follows:

a covered RNBC may accept the offer before the end of the offer period;

subject to paragraphs (c) and (d), such an acceptance becomes final, and a resulting agreement between the responsible digital platform corporation and the covered RNBC becomes binding, at the end of the offer period;

the covered RNBC may revoke such an acceptance before the end of the offer period;

the responsible digital platform corporation may revoke the offer before the end of the offer period.

For the purposes of subparagraph (1)(c)(i), the features of the agreement are as follows:

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

each covered corporation is:

the responsible digital platform corporation; or

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

the registered news business corporation; or

a related body corporate of the registered news business corporation; and

the agreement specifies a 2 year period (the covered period) during which it is in force; and

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

the agreement expressly provides that some or all provisions mentioned in subsection 52ZZK(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.

For the purposes of subparagraph (1)(c)(ii), the features of the agreement are as follows:

the agreement specifies that the responsible digital platform corporation will ensure the payment of remuneration to the covered RNBC (or a related body corporate of the covered RNBC) for the making available of the registered news business’ covered news content by one or more of the covered services, in respect of the covered period; and

if regulations made for the purposes of this paragraph specify other features—those features.

Regulations made for the purposes of paragraph (5)(b) may specify features relating to the amount of the remuneration mentioned in paragraph (5)(a) (including features that require the determination of that remuneration to be based on specified factors).

Subsection (6) does not limit the scope of regulations that may be made for the purposes of paragraph (5)(b).

The offer period is the period that:

starts when the responsible digital platform corporation gives a copy of the offer to a covered RNBC; and

ends:

unless subparagraph (ii) applies—60 days after the period starts; or

if regulations made for the purposes of this subparagraph specify a different day—on that day.

To avoid doubt, this section does not prevent the making of other kinds of offers or agreements.