Federal Register of Legislation - Australian Government

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This instrument notifies that the Australian Competition and Consumer Commission is to hold an inquiry into the markets for the supply of digital platform services.
Administered by: Treasury
Registered 26 Feb 2020
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1 Name
2 Commencement
3 Authority
4 Definitions
Expand Part 2—Price inquiry into supply of digital platform servicesPart 2—Price inquiry into supply of digital platform services

Commonwealth Coat of Arms of Australia

 

Competition and Consumer (Price Inquiry—Digital Platforms) Instrument 2020

The Australian Competition and Consumer Commission makes the following notifiable instrument.

Dated: 25 February 2020.                               

Rayne de Gruchy

Chief Operating Officer


Contents

 

Part 1—Preliminary                                                                                                     1

1  Name                                                                                                                                                      1

2  Commencement                                                                                                                                   1

3  Authority                                                                                                                                                1

4  Definitions                                                                                                                                              1

Part 2—Price inquiry into supply of digital platform services                                  3

5  Notice of holding of inquiry                                                                                                                3

6  Commencement of inquiry                                                                                                                3

 

 


Part 1—Preliminary

1  Name

                   This instrument is the Competition and Consumer (Price Inquiry – Digital Platforms) Instrument 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument.

The day after this instrument is registered.

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under section 95L of the Competition and Consumer Act 2010.

4  Definitions

Note:          Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

                   In this instrument:

Australian law means a law of the Commonwealth, a State, or a Territory (whether written or unwritten).

data broker means a supplier who collects personal or other information on persons, and sells this information to, or shares this information with, others.

digital content aggregation platform means an online system that collects information from disparate sources and presents it to consumers as a collated, curated product in which users may be able to customise or filter their aggregation, or to use a search function.

digital platform services means any of the following:

(a)    internet search engine services (including general search services and specialised search services);

(b)   social media services;

(c)    online private messaging services (including text messaging; audio messaging and visual messaging);

(d)   digital content aggregation platform services;

(e)    media referral services provided in the course of providing one or more of the services mentioned in paragraphs (a) to (d);

(f)    electronic marketplace services.

electronic marketplace services means a service (including a website, internet portal, gateway, store or marketplace) that:

(a)    facilitates the supply of goods or services between suppliers and consumers; and

(b)   is delivered by means of electronic communication; and

(c)    is not solely a carriage service (within the meaning of the Telecommunications Act 1997) or solely consisting of one of more of the following:

(i)         providing access to a payment system;

(ii)       processing payments.

exempt supply has the meaning given by subsection 95A(1) of the Act.

goods has the meaning given by subsection 95A(1) of the Act.

inquiry has the meaning given by subsection 95A(1) of the Act.

services has the meaning given by subsection 95A(1) of the Act.

State or Territory authority has the meaning given by subsection 95A(1) of the Act.

supply has the meaning given by subsection 95A(1) of the Act.

the Act means the Competition and Consumer Act 2010.

 


Part 2—Price inquiry into supply of digital platform services

5  Notice of holding of inquiry

             (1)  The Commission is to hold an inquiry into the markets for the supply of digital platform services, pursuant to the Competition and Consumer (Price Inquiry – Digital Platforms) Direction 2020.

             (2)  The inquiry is not to extend to any of the following:

                     (a)  the supply of a good or service by a State or Territory authority;

                     (b)  the supply of a good or service that is an exempt supply;

                     (c)  reviewing the operation of any Australian law (other than the Act) relating to communications, broadcasting, media, privacy or taxation;

                     (d) reviewing the operation of any program funded by the Commonwealth, or any policy of the Commonwealth (other than policies relating to competition and consumer protection).

             (3)  The inquiry is to be held in relation to goods and services of the following descriptions:

                     (a)  digital platform services;

                     (b)  digital advertising services supplied by digital platform service providers;

                     (c)  data collection, storage, supply, processing and analysis services supplied by:

(i)    digital platform service providers; or

(ii)  data brokers.

             (4)  The inquiry is not to be held in relation to the supply of goods and services by a particular person or persons.

6  Commencement of inquiry

                   The commencement date of the inquiry is 15 February 2020.