Federal Register of Legislation - Australian Government

Primary content

Directions/Other as made
This instrument directs the Australian Competition and Consumer Commissioner to hold a price inquiry into the markets for the supply of digital advertising technology services and digital advertising agency services.
Administered by: Treasury
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 03
Registered 14 Feb 2020
Tabling HistoryDate
Tabled HR24-Feb-2020
Tabled Senate24-Feb-2020

EXPLANATORY STATEMENT

Issued by authority of the Treasurer

Competition and Consumer Act 2010

Competition and Consumer (Price Inquiry–Digital Advertising Services) Direction 2020

Section 95H of the Competition and Consumer Act 2010 (the Act) provides that the Minister may require the Australian Competition and Consumer Commission (ACCC) to hold an inquiry into a specified matter or matters.

The Competition and Consumer (Price Inquiry– Digital Advertising Services) Direction 2020 (the Direction) is made under subsection 95H(1) and provides a direction to the Chairperson of the ACCC requiring the ACCC to hold a price inquiry into the markets for the supply of certain digital advertising services.

The inquiry will support the Government’s commitment to promoting competition in the markets for the supply of certain digital advertising services, including by proactively investigating and monitoring the factors that influence prices for the supply of these services. As such, the Treasurer is requesting the ACCC hold a price inquiry into the markets for the supply of certain digital advertising services.

Part 1 of the Direction provides the machinery provisions of the instrument, including the definitions.

Part 2 of the Direction provides the terms of reference for the inquiry and guidance on the matters to be taken into consideration. The inquiry will be held in relation to the specified goods and services within the market for the supply of digital display advertising services, digital advertising technology services, and digital advertising agency services.

The ACCC must regularly monitor the markets for the supply of these digital advertising services for the intensity of competition amongst suppliers. The ACCC must also consider suppliers’ practices such as data collection, management and disclosures, and contractual arrangements and corporate structure that may impact competition in the markets, or informed decision making by market participants for the supply of digital advertising services in scope of this inquiry.

The ACCC must give the Treasurer an interim report on the inquiry by 31 December 2020 and provide a final report to the Treasurer by no later than 31 August 2021. The ACCC must not release any interim report for public inspection until authorised by the Treasurer in writing. In accordance with section 17 of the Legislation Act 2003, the ACCC has been consulted on the terms of this Direction.

The Direction is a legislative instrument for the purposes of the Legislation Act 2003. However, the instrument is not disallowable and does not sunset (see Legislation (Exemptions and Other Matters) Regulation 2015).

The Direction commences the day after the instrument is registered.

A statement of Compatibility with Human Rights is at Attachment A.

ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Competition and Consumer (Price Inquiry Digital Advertising Services) Direction 2020

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Section 95H of the Competition and Consumer Act 2010 (the Act) provides that the Minister may require the Australian Competition and Consumer Commission (ACCC) to hold an inquiry into a specified matter or matters.

The Competition and Consumer (Price Inquiry– Digital Advertising Services) Direction 2020 (the Direction) is a direction to the Chairperson of the ACCC to hold a price inquiry into the markets for the supply of certain digital advertising services.

The Direction sets out the terms of reference for the inquiry.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.