52ZXFinal offer arbitration

52ZX Final offer arbitration

(1) The panel is to make a determination under this subsection about the terms for resolving the remuneration issue that:

(a) is in accordance with subsections (7), (8) and (9) (final offer arbitration); and

(b) sets out a lump sum amount (the remuneration amount) for remunerating the registered news business for the making available of the registered news business’ covered news content by the designated digital platform service for 2 years; and

(c) is consistent with rights under contracts that are in force between:

(i) the responsible digital platform corporation or a related body corporate of the responsible digital platform corporation; and

(ii) the registered news business corporation for the represented registered news business or a related body corporate of that registered news business corporation.

(2) Each of the bargaining parties must:

(a) submit to the panel a final offer for what the remuneration amount should be (expressed as a lump sum); and

(b) give a copy of the final offer to the Commission on the same day that it submits the final offer to the panel.

(3) If a bargaining party gives a copy of the final offer to the Commission, the Commission must give a copy of the final offer to the other bargaining party as soon as practicable.

(4) A final offer:

(a) cannot be submitted later than the latest of the following:

(i) the end of the period of 10 business days after the day on which the arbitration starts;

(ii) if a bargaining party makes a request under subsection 52ZT(1) (information requests)—the end of the period of 10 business days after the latest day on which the other bargaining party may comply with the request in accordance with subsection 52ZT(5);

(iii) if a bargaining party makes an application under subsection 52ZU(1) (challenges to information requests)—the end of the period of 10 business days after the day on which the panel makes a ruling in relation to the application under subsection 52ZU(3);

(iv) if regulations made for the purposes of this subparagraph specify a different period—the end of that period;

(v) if the panel considers that exceptional circumstances justify a different period—the end of that period; and

(b) cannot be more than 30 pages in length.

(5) An offer that does not comply with subsection (4) is not a final offer for the purposes of this Division.

(6) A final offer, once submitted, cannot be withdrawn or amended.

(7) The panel must accept one of the final offers unless the panel considers that each final offer is not in the public interest because it is highly likely to result in serious detriment to: