Online Safety Amendment (Social Media Minimum Age) Bill 2024

Andrew McLachlan

I will now put the second question on Senator David Pocock's amendments. The question is that Senator David Pocock's amendments on sheets 3206 and 3207 be agreed to.

Senator David Pocock's circulated amendments—

SHEET 3206

(1) Schedule 1, item 7, page 4 (after line 21), after the paragraph beginning "Providers of" in section 63A, insert:

(2) Schedule 1, item 7, page 6 (after line 29), after section 63D, insert:

63DA Civil penalty for failing to take reasonable steps to remove or suspend inauthentic and bot accounts

A provider of an age-restricted social media platform must take reasonable steps to remove or suspend inauthentic accounts and bot accounts with the age-restricted social media platform.

Civil penalty: 30,000 penalty units.

(3) Schedule 1, item 7, page 7 (line 2), omit "Section 63D takes", substitute "Sections 63D and 63DA take".

(4) Schedule 1, item 7, page 7 (lines 8 to 13), omit subsection (4), substitute:

(4) To avoid doubt, the obligations in sections 63D and 63DA apply in relation to accounts with an age-restricted social media platform if the accounts exist on or after the day sections 63D and 63DA take effect (including accounts that began to exist before that day, and accounts that began to exist before the day this section commences).

(5) Schedule 1, item 7, page 9 (line 9), after "section 63D", insert "or 63DA".

(6) Schedule 1, item 7, page 10 (after line 2), after paragraph 63J(a), insert:

(aa) has contravened section 63D (failing to take reasonable steps to prevent inauthentic or bot accounts); or

(7) Schedule 1, item 13, page 11 (after line 3), after paragraph (da), insert:

(daa) section 63DA;

(8) Schedule 1, item 16, page 11 (line 14), omit "section 63D takes", substitute "sections 63D and 63DA take".

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SHEET 3207

(1) Schedule 1, item 7, page 7 (after line 25), after subparagraph 63F(1)(b)(i), insert:

(ia) for the purpose of complying with a requirement specified in a legislative instrument made under subsection 63K(1); or

(2) Schedule 1, item 7, page 10 (after line 12), at the end of Part 4A, add:

Division 6 — Data access rules

63K Data access rules

(1) The Minister must, by legislative instrument, determine rules that require providers of an age-restricted social media platform to give access to data to approved researchers for the purposes of independent research in relation to the impact of age-restricted social media platforms on young people with reference to any of the following areas of social harm:

(a) loneliness;

(b) isolation;

(c) mental health;

(d) eating disorders;

(e) suicide;

(f) body dysmorphia;

(g) extreme views;

(h) any other matter.

(2) Without limiting subsection (1), rules made for the purpose of that subsection may provide for the following:

(a) criteria to be satisfied before the Minister approves a researcher to be given access to data under those rules;

(b) means by which approved researchers are given access to data under the rules;

(c) requirements for the protection of personal and other information in data which approved researchers are given access to under the rules;

(d) any other relevant matters.

Question negatived.

I will now deal with the amendments circulated by Senator Canavan. We come to sheet 3181. The question is that item 6 of schedule 1 stand as printed.

Senator Canavan opposed item 6 of schedule 1 in the following terms—

(2) Schedule 1, item 6, page 4 (lines 9 to 12), to be opposed.