News Journalism Payments Act 2026

8 Simplified outline of this Part

A participant in the scheme may receive a payment worked out on the basis of the participant’s eligible editorial capacity.

Eligible editorial capacity represents the extent to which the participant, and certain related corporations, employs journalists and similar eligible editorial workers in eligible editorial roles.

Eligible editorial workers include journalists, photojournalists and editors and producers who are employed in the production of news about matters of public interest and public significance to Australians (core news content). Freelancers and certain other workers in eligible editorial roles may also be counted.

Eligible editorial capacity is worked out on an FTE (full-time equivalent) basis, and can be increased by weightings for:

small to medium businesses; and

corporations or workers in regional or remote areas; and

diverse communities.

9 Eligible editorial capacity

(1) An eligible corporation’s eligible editorial capacity at a particular time (the calculation time) is the number worked out under subsections (2), (3) and (4).

First, work out the following:

the FTE number, at the calculation time, of each eligible editorial worker of the eligible corporation;

the total eligible freelancer FTE of the eligible corporation at the calculation time;

if the corporation is an eligible low-revenue corporation—the FTE number, at the calculation time, for each eligible volunteer of the corporation for the payment period.

Then multiply the FTE number for each eligible editorial worker and eligible volunteer by the weighting factor for that person at the calculation time, as worked out under Division 5.

(4) Then add together the results of all of the calculations mentioned in subsection (3), and the number mentioned in paragraph (2)(b), to work out the eligible corporation’s eligible editorial capacity at the calculation time.

10 Eligible editorial worker

An eligible editorial worker of an eligible corporation is an individual who:

works primarily in an eligible editorial role; and

performs that work primarily in relation to core news content that is to be published online by a registered news business in relation to which the corporation is endorsed; and

performs that work as an employee of:

the corporation; or

another corporation that is nominated under section 12 by the eligible corporation; and

performs that work primarily in Australia or the external Territories; and

has an FTE number of at least 0.2.

11 Eligible editorial role

(1) An eligible editorial role is a role that primarily involves:

discovering, investigating, verifying, recording or reporting core news content; or

exercising editorial control in the production of core news content.

Note: For example, each of the following roles may be an eligible editorial role if it is carried out in relation to core news content:

journalist;

photojournalist;

videographer;

data or visual journalist;

editor or producer who is involved in the production of core news content.

(2) However, a role is not an eligible editorial role if:

the role is primarily any of the following:

narrator, anchor or presenter;

sports commentator;

actor (including actors involved in re-enactment);

effects or design professional; or

the role primarily involves providing opinion or commentary.

12 Nominated corporations

(1) An eligible corporation may, in writing, nominate a corporation (the nominee) for the purposes of subparagraph 10(c)(ii).

The nominee must:

(a) be related (within the meaning of section 4A of the Competition and Consumer Act 2010) to the eligible corporation; and

employ individuals for the purposes of a registered news business in relation to which the eligible corporation is endorsed; and

consent to being nominated under this section by the eligible corporation; and

meet any other requirements prescribed by the rules.

A corporation must not be nominated under this section by more than one eligible corporation at any time.

The rules may make provision for and in relation to nominations under this section.

Without limiting subsection (4), the rules may provide for or in relation to any of the following:

information and documents that must be included in a nomination;

procedures for the Secretary to receive and deal with nominations;

how nominations cease to be in effect;

how nominations of corporations that are already nominated are to be dealt with.

13 FTE number

(1) The FTE number of an employee who has paid ordinary weekly hours is the number of those paid ordinary weekly hours:

divided by 35; and

if the number worked out under paragraph (b) is greater than 1—reduced to 1.

(2) The FTE number of an employee who does not have paid ordinary weekly hours is:

if the rules provide for a method for working out the employee’s FTE number—the number worked out under the rules (which must not exceed 1); or

otherwise—nil.

This section is subject to Division 4.

Note: Division 4 contains special rules for eligible freelancers, eligible volunteers and eligible reduced FTE workers.

14 Eligible freelancers and total eligible freelancer FTE

(1) An eligible freelancer of an eligible corporation is an individual who:

works in an eligible editorial role as an independent contractor; and

performs some or all of that work:

for the eligible corporation, or for a registered news business in relation to which the eligible corporation is endorsed; and

in relation to core news content that is to be published online by a registered news business in relation to which the corporation is endorsed; and

in Australia or the external Territories.

(2) The total eligible freelancer FTE of an eligible corporation at a particular time is the number (which may be nil) worked out under the rules.

The rules may provide for the number to be worked out with regard to any of the following:

a reasonable estimate of the extent to which the eligible corporation, and any registered news businesses in relation to which the corporation is endorsed, will engage eligible freelancers during a payment period;

the extent to which the eligible corporation, and any registered news businesses in relation to which the corporation is endorsed, engaged eligible freelancers during the whole or a part of the payment period;

a maximum number for any particular eligible corporation;

any other matters prescribed by the rules.

The rules may provide for the weighting factor to apply to the total eligible freelancer FTE in a way worked out under the rules.

15 Eligible low-revenue corporations

(1) The rules may provide that an eligible corporation is an eligible low-revenue corporation in circumstances specified in the rules.

(2) If no rules are made for the purposes of subsection (1), an eligible corporation is an eligible low-revenue corporation if the sum of the following amounts is less than $300,000:

the eligible corporation’s annual revenue;

(b) the annual revenue of each body corporate that is related (within the meaning of section 4A of the Competition and Consumer Act 2010) to the eligible corporation.

(3) The annual revenue of a body corporate is the body corporate’s annual revenue, as set out in the body corporate’s annual accounts prepared in accordance with generally accepted accounting principles, for the most recent year for which there are such accounts.

For the purposes of applying subsection (3) in relation to a person who is an applicant, or an approved participant because of an application, for a payment period, disregard any annual accounts that become available after the person made the application.

16 Eligible volunteers

(1) An individual is an eligible volunteer of an eligible low-revenue corporation for a payment period if:

the individual works primarily in an eligible editorial role; and

the individual performs that work as a volunteer; and

the individual performs that work primarily in relation to core news content that is to be published online by a registered news business in relation to which the corporation is endorsed; and

the individual performs that work primarily in Australia or the external Territories; and

the corporation intends to offer to engage the individual, as an employee in an eligible editorial role, within 3 months after the start of the payment period; and

either:

the corporation has not previously received a payment under this Act that related to the individual; or

the corporation has received one or more payments under this Act that related to the individual, but all of those payments have been repaid to the Commonwealth; and

the individual and the corporation meet any other requirements prescribed by the rules.

The FTE number of an eligible volunteer of an eligible low-revenue corporation for the purposes of applying paragraph 9(2)(c) to the corporation at a particular time in a payment period is the number (which may be nil) worked out under the rules.

The rules:

must provide for the FTE number of an eligible volunteer to be nil for the whole of the payment period if the corporation does not employ the eligible volunteer in an eligible editorial role within 3 months of the start of the payment period; and

may provide for the FTE number of an eligible volunteer to be nil for the whole of the payment period in other circumstances.

If an individual is treated as an eligible volunteer for a payment period (even if the FTE number of the individual is nil), the individual cannot also be treated as an eligible editorial worker for that payment period.

17 Eligible reduced FTE workers

(1) An eligible reduced FTE worker of an eligible low-revenue corporation is an individual who (disregarding the effect of this section):

is not an eligible editorial worker of the corporation; but

(b) would be an eligible editorial worker of the corporation if a portion (the ineligible portion) of the individual’s work were disregarded.

The worker is taken to be an eligible editorial worker of the corporation.

When working out the worker’s FTE number for the purposes of paragraph 9(2)(a), do not count any part of the worker’s FTE number that relates to the ineligible portion.

The rules may provide for how the part of the worker’s FTE number that relates to the ineligible portion is to be worked out.

18 Weighting factor

Eligible editorial workers

(1) The weighting factor for an eligible editorial worker of an eligible corporation is:

the number mentioned in subsection (2), if the worker is in one or more of the following weighting categories:

the small to medium business weighting category under section 19;

the regional or remote weighting category under section 20;

the diverse communities weighting category under section 21; or

if the worker is not in any weighting category—1.

For the purposes of paragraph (1)(a), the number is:

the number prescribed by the rules for the purposes of this paragraph; or

if no number is prescribed—1.2.

Rules made for the purposes of paragraph (2)(a):

must not prescribe a number that is less than 1; and

must prescribe a single number for all weighting categories.

Eligible volunteers

(4) The weighting factor for an eligible volunteer of an eligible low-revenue corporation is the number mentioned in subsection (2).

19 Small to medium business weighting category

(1) The rules may provide that an eligible editorial worker of an eligible corporation is in the small to medium business weighting category in relation to a payment period, in circumstances specified in the rules.

(2) If no rules are made for the purposes of subsection (1), an eligible editorial worker of an eligible corporation is in the small to medium business weighting category at any time when the sum of the following amounts is less than $50 million:

the eligible corporation’s annual revenue;

(b) the annual revenue of each body corporate that is related (within the meaning of section 4A of the Competition and Consumer Act 2010) to the eligible corporation.

(3) The annual revenue of a body corporate is the body corporate’s annual revenue, as set out in the body corporate’s annual accounts prepared in accordance with generally accepted accounting principles, for the most recent year for which there are such accounts.

For the purposes of subsection (3), disregard any annual accounts that become available after the start of the lodgement period for the payment period.

20 Regional or remote weighting category

(1) The rules may provide that an eligible editorial worker of an eligible corporation is in the regional or remote weighting category in circumstances specified in the rules.

(2) If no rules are made for the purposes of subsection (1), an eligible editorial worker of an eligible corporation is in the regional or remote weighting category at any time in a payment period when:

the eligible corporation’s principal place of business is in a regional or remote area; or

the worker’s principal place of work is in a regional or remote area.

In subsection (2):

regional or remote area means a place in Australia that is categorised under the Remoteness Structure as Inner Regional, Outer Regional, Remote or Very Remote.

Remoteness Structure means the Remoteness Structure described in:

the document titled “Australian Statistical Geography Standard (ASGS) Edition 3”, published by the Australian Statistician, as in effect at the start of the lodgement period for the payment period mentioned in subsection (2); or

the most recent replacement of the document referred to in paragraph (a) that is published by the Australian Statistician, as in effect at the start of the lodgement period for the payment period mentioned in subsection (2).

Note: The Australian Statistical Geography Standard (ASGS) Edition 3 could in 2026 be viewed on the Australian Bureau of Statistics website (https://www.abs.gov.au).

21 Diverse communities weighting category

The rules may provide that an eligible editorial worker of an eligible corporation is in the diverse communities weighting category in circumstances specified in the rules.

Note: If no rules are made for the purposes of this section, no workers are in the diverse communities weighting category.

22 Simplified outline of this Part

An eligible corporation may apply to the Secretary to participate in the scheme in a payment period. An application must be made during the lodgement period for the payment period.

An application must include the applicant’s capacity claim for the payment period. This is the level of eligible editorial capacity that the applicant is claiming payment for, which must not be greater than the applicant’s eligible editorial capacity at a time in the lodgement period. An application must also include evidence of eligible editorial capacity and other information.

The Secretary must do one of the following:

approve the application and the capacity claim included in the application;

approve the application and approve a reduced capacity claim;

refuse the application (in which case the applicant may re-apply as long as the applicant does so during the lodgement period).

The Secretary must refuse an application if the Secretary is satisfied that it presents certain kinds of risks (see section 33). The Secretary must not have regard to the content of any news content when applying the risk test.

An applicant whose application is approved becomes an approved participant. Applicants and approved participants must notify the Secretary of certain matters, including of decreases in their eligible editorial capacity.

The Secretary may vary an approved participant’s approved capacity claim if the Secretary is satisfied that a different decision should have been made on the participant’s application.

23 Lodgement periods

(1) The lodgement period for a payment period is:

if a determination under subsection (2) is made for the payment period—the period specified in the determination; or

otherwise—the period that:

begins 4 months before the first day of the payment period; and

ends at the end of the day that is 42 days before the first day of the payment period;

subject to subsections 47(2) and (3).

Note: Subsections 47(2) and (3) provide for lodgement periods for a payment period to end early, or not to occur, if there is insufficient scheme funding to allocate to the payment period.

The Minister may, by notifiable instrument, determine that a specified period is the lodgement period for a payment period.

A period determined under subsection (2) for a payment period:

must include at least 28 days; and

must not begin more than 6 months before the first day of the payment period; and

must not end later than 42 days before the first day of the payment period.

24 Application to participate

An eligible corporation may, in writing, apply to participate in a payment period.

The application must be made within the lodgement period for the payment period.

Note: No applications may be made for a payment period that has no lodgement period because no amount has been allocated to the payment period from scheme funding (see subsections 47(2) and (3)).

(3) An eligible corporation that has made an application under subsection (1) in relation to a payment period is an applicant in relation to the payment period.

Note: The eligible corporation remains an applicant in relation to the payment period unless the applicant withdraws the application under section 30 or the application is taken to be withdrawn under subsection 32(7) (refusal of application) or 47(2) (no scheme funding allocated to payment period).

Requirements for application

The application must include the following:

a statement of the applicant’s eligible editorial capacity at a specified time in the lodgement period, which must be in accordance with section 25;

(b) a statement of the eligible editorial capacity that the applicant claims for the payment period (the applicant’s capacity claim for the payment period), which must be in accordance with section 26;

a statement that the applicant believes, on reasonable grounds, that the applicant is likely to maintain eligible editorial capacity at least equal to its capacity claim throughout the payment period;

any evidence that the rules require to support the statements included in the application under paragraphs (a), (b) and (c);

the applicant’s name;

the address of the applicant’s principal place of business in Australia (if any);

contact details for the applicant;

if the applicant has an ABN—the applicant’s ABN;

if the applicant has an ACN—the applicant’s ACN;

any other information and documents prescribed by the rules.

Note: A person may commit an offence or contravene a civil penalty provision if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 136.1, 137.1 and 137.2 of the Criminal Code and section 89 of this Act).

Further applications after application is withdrawn

(5) An eligible corporation that has made an application (the old application) in relation to a payment period may make another application in relation to the payment period, but only during the lodgement period for the payment period and only if the old application has been withdrawn under section 30 or is taken to be withdrawn under subsection 32(7).

25 Requirements for the statement of eligible editorial capacity in an application

For the purposes of paragraph 24(4)(a), an application must:

specify a time in the lodgement period, which must be before the application is made; and

state the applicant’s eligible editorial capacity, worked out in accordance with the rules, at the specified time.

Rules made for the purposes of paragraph (1)(b):

may provide for the applicant’s eligible editorial capacity as stated in the application for the purposes of paragraph 24(4)(a) to be different from the applicant’s eligible editorial capacity worked out for other purposes; and

may disregard provisions of this Act that would otherwise require the applicant’s eligible editorial capacity to be worked out in a particular way.

Note: In particular, if an applicant is a payment recipient for the payment period (the old payment period) immediately preceding the payment period to which the application relates, the applicant’s eligible editorial capacity may need to be worked out:

in accordance with Part 2 for the purposes of determining the applicant’s compliance with the applicant’s capacity retention obligation for the old payment period; and

in a different way (prescribed by the rules for the purposes of paragraph (1)(b)) for the purposes of working out the number to be stated in the application for the purposes of paragraph 24(4)(a).

26 Requirements for capacity claim

An applicant’s capacity claim:

must not be greater than the applicant’s eligible editorial capacity at the time specified in the application under paragraph 24(4)(a) in accordance with section 25; and

must be worked out in accordance with the rules; and

must be supported by any evidence that rules made for the purposes of subsection 24(4)(d) require to be included in the application.

27 Applicant may give further information or documents

An applicant may give the Secretary further or updated information or documents relating to the application.

If the information or documents are given at a time:

within the lodgement period for the payment period; and

when the application has not been approved, refused or withdrawn;

the information or documents are taken to have been included in the application.

28 Secretary may request further information or documents

The Secretary may, by written notice to an applicant, request further information or documents relating to the applicant’s application.

The notice may only be given before the end of 14 days after the end of the lodgement period for the payment period.

Time limit for giving information or documents

If the notice is given within the lodgement period, the notice must either:

state that the applicant may give the information or documents to the Secretary, within the lodgement period, under section 27; or

specify a day, within 14 days after the end of the lodgement period, on or before which the information or documents must be given to the Secretary.

If the notice is given after the end of the lodgement period, the notice must specify a day, within 14 days after the end of the lodgement period, on or before which the information or documents must be given to the Secretary.

Effect of giving information or documents after end of lodgement period

If:

paragraph (3)(b) or subsection (4) applies to the notice; and

the applicant gives the further information or documents to the Secretary on or before the specified day; and

the information or documents are taken to have been included in the application.

Note: If the applicant does not give the further information or documents to the Secretary on or before the specified day, the Secretary may consider the application without the information or documents.

29 Amendment of application during lodgement period

An applicant may give the Secretary a notice, in writing, amending the application.

The notice may be given only during the lodgement period for the payment period, and only if the application has not been approved, refused or withdrawn.

The notice must include any information and documents prescribed by the rules.

When the notice is given, the application is taken to be amended as set out in the notice.

30 Withdrawal of application

An applicant may give the Secretary a notice, in writing, withdrawing the application.

The notice may be given:

if the application has not been approved—at any time; or

if the application has been approved—at any time before the time (if any) when a payment is made under section 53 as a result of the application.

Note: If the applicant withdraws the application within the lodgement period, including after the application has been approved or refused, the applicant may be able to make another application within the lodgement period (see subsection 24(5)).

The notice must include any information and documents prescribed by the rules.

When the notice is given:

the application is taken to be withdrawn; and

the applicant ceases to be an applicant for the payment period; and

if the application has been approved—the applicant ceases to be an approved participant or to have an approved capacity claim for the payment period.

31 Rules about dealing with applications

The rules may provide for the following:

how the Secretary is to consider an application under section 24;

matters to which the Secretary may or must have regard in considering an application under section 24.

32 Decision on application

If an application for a payment period is made under section 24, the Secretary must:

consider the application (in accordance with any rules made for the purposes of section 31); and

do one of the following:

approve the application under subsection (2);

approve the application with a reduced capacity claim under subsection (4);

refuse the application under subsection (6).

Approval of application

The Secretary must approve the application under this subsection if the Secretary is satisfied that:

the application is in accordance with section 24; and

the applicant passes the risk test (see section 33); and

if the applicant was required to give a report under section 71 in relation to any previous payment period—the applicant has given the report (even if the applicant gave the report after the period of 14 days mentioned in subsection 71(2)).

If the Secretary approves the application under subsection (2):

(a) the applicant is an approved participant for the payment period; and

(b) the applicant’s approved capacity claim for the payment period is the capacity claim set out in the application.

Approval of application with reduced capacity claim

The Secretary must approve the application under this subsection if the Secretary is satisfied that:

the Secretary cannot approve the application under subsection (2) because the applicant’s capacity claim is not in accordance with section 26; and

if the applicant’s capacity claim were reduced to a number (greater than nil) worked out in accordance with a method prescribed by the rules:

the applicant’s capacity claim would be in accordance with section 26; and

the Secretary would be required to approve the application under subsection (2).

Note: A decision to approve the application with a reduced capacity claim under this subsection is a reviewable decision (see section 78).

If the Secretary approves the application under subsection (4):

(a) the applicant is an approved participant for the payment period; and

(b) the applicant’s approved capacity claim for the payment period is the number worked out in accordance with rules made for the purposes of paragraph (4)(b).

Refusal of application

If the Secretary does not approve the application under subsection (2) or (4), the Secretary must refuse the application.

Note: A decision to refuse the application under this subsection is a reviewable decision (see section 78).

If the Secretary refuses the application, the application is taken to be withdrawn, and the applicant ceases to be an applicant, immediately after the end of the period in which, under section 78, an application for internal review may be made in relation to the refusal, unless the person has applied for such an internal review.

33 Risk test

(1) For the purposes of paragraph 32(2)(b), the applicant passes the risk test unless the Secretary is satisfied that there is a significant risk that, if amounts were paid to the applicant under this Act:

the amounts would not be applied for the purpose of complying with the applicant’s capacity retention obligation; or

the applicant would contravene a civil penalty provision of this Act; or

there would be a risk to the integrity of the scheme provided for by this Act.

The rules may prescribe matters that the Secretary may, must or must not have regard to when considering whether the applicant passes the risk test.

In considering whether the applicant passes the risk test, the Secretary must not have regard to the nature of any news content produced or published by the applicant, or by a registered news business in relation to which the applicant is endorsed.

Spent convictions scheme not affected

(4) To avoid doubt, nothing in this section or the rules affects the operation of Part VIIC of the Crimes Act 1914.

Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

34 Decision on application—notice of decision

The Secretary must, as soon as practicable after making a decision under subsection 32(2), (4) or (6) in respect of an application for a payment period, give the applicant written notice of:

the decision; and

the reasons for the decision; and

any other matters that the rules require the notice to include.

If the Secretary approves the application under subsection 32(2) or (4), the notice must set out the applicant’s approved capacity claim for the payment period.

If the Secretary refuses the application because the applicant does not pass the risk test, the notice may set out any:

steps that the applicant could take; or

changes in circumstances; or

information that the applicant could provide;

that the Secretary considers may be relevant to the matters in subsection 33(1) in relation to a future application by the applicant.

However, the Secretary is not required to have regard to a matter included in a notice under subsection (3) in considering any future application by the applicant.

Subsection (3) does not limit the matters that may be included in a notice given under subsection (1).

35 Notice requirement—general

A person who is or was an applicant or an approved participant for a payment period must give a notice, in writing, to the Secretary if any of the following occurs or applies:

the person ceases to be an eligible corporation;

the person ceases to be endorsed as the registered news business corporation for a news business;

the person does not control or operate a registered news business for which it is endorsed as the registered news business corporation;

(d) a requirement mentioned in a paragraph of subsection 52J(1) of the Competition and Consumer Act 2010 is not met in relation to the person or a registered news business for which the person is endorsed;

any information given to the Secretary under section 27, 28 or 87, or otherwise given to the Secretary for the purposes of this Act, is not, or is no longer, materially complete and correct;

a matter prescribed by the rules.

Note 1: See section 37 (civil penalty for failing to give notice).

Note 2: Additional notice requirements may apply to payment recipients (see section 73).

Subsection (1) continues to apply to the person even if the person ceases to be an applicant or an approved participant for the payment period, subject to subsection (3).

Subsection (1) does not require the person to give a notice in relation to a matter or event that occurs or applies after the earlier of:

the end of the third month of a payment period, if the person is not an approved participant for that payment period; and

a time prescribed by the rules.

Subsection (3) does not prevent subsection (1) applying to the person if the person becomes an applicant or an approved participant for a later payment period.

When notice must be given

The notice must be given to the Secretary:

if the rules prescribe a time before which the notice must be given—before the prescribed time; or

otherwise—as soon as practicable after the person becomes aware that a matter or event mentioned in subsection (1) occurs or applies.

Rules may require information or documents

The notice must include any information or documents prescribed by the rules.

36 Notice requirement—matters related to a particular payment period

A person who is or was an applicant or an approved participant for a payment period must give a notice, in writing, to the Secretary if any of the following occurs or applies:

the person’s eligible editorial capacity decreases;

if the person is not an approved participant—the person’s eligible editorial capacity (worked out with regard to any rules made for the purposes of paragraph 25(1)(b)) is less than the eligible editorial capacity stated for the purposes of paragraph 24(4)(a) in the person’s application for the payment period;

if the person is an approved participant—the person’s eligible editorial capacity is less than the person’s approved capacity claim for the payment period;

any information included in the person’s application for the payment period, or in a document included in the application, is not, or is no longer, materially complete and correct;

a matter prescribed by the rules.

Note 1: See section 37 (civil penalty for failing to give notice).

Note 2: Additional notice requirements may apply to payment recipients (see section 73).

Subsection (1) does not require the person to give a notice in relation to a matter or event that occurs or applies after the earlier of:

if the person is no longer an applicant or an approved participant for the payment period—the time when the person ceased to be an applicant or an approved participant for the payment period; and

the end of the payment period.

Subsection (2) does not prevent subsection (1) applying to the person if the person becomes an applicant or an approved participant for a later payment period.

When notice must be given

The notice must be given to the Secretary:

if the rules prescribe a time before which the notice must be given—before the prescribed time; or

otherwise—as soon as practicable after the person becomes aware that a paragraph of subsection (1) applies.

Rules may require information or documents

The notice must include any information or documents prescribed by the rules.

37 Civil penalty for failing to give notice

A person contravenes this section if:

the person is required to give a notice under subsection 35(1) or 36(1); and

the person does not comply with the requirement.

Civil penalty: 60 penalty units.

38 Variation of approved capacity claim

This section applies to a person:

who is an approved participant for a payment period; and

(b) who has an approved capacity claim for the payment period as a result of making an application under section 24 (the relevant application) (including such an approved capacity claim that is nil).

Note: A person who is an approved participant for a payment period may remain an approved participant for the payment period after the end of the payment period. However, an approved participant’s approved capacity claim may be varied under this section only within the 5-year period mentioned in paragraph (3)(b).

The Secretary may vary the approved capacity claim if the Secretary is satisfied that:

the approved capacity claim is not in accordance with rules made for the purposes of section 26; or

the relevant application was approved under subsection 32(4) but should have been approved under subsection 32(2); or

the relevant application should have been approved under subsection 32(4) with a reduced capacity claim that is different from the approved capacity claim; or

the relevant application should have been refused under subsection 32(6).

Note: A decision to vary the approved capacity claim under this subsection is a reviewable decision (see section 78).

The Secretary may vary the approved capacity claim under subsection (2):

on the Secretary’s own initiative; and

at any time within 5 years after the Secretary approved the relevant application for the payment period under subsection 32(2) or (4); and

whether or not the approved capacity claim has previously been varied under this section; and

(d) whether or not the approved capacity claim has previously been affirmed, varied or substituted as a result of a review under Division 2 of Part 6 or under the Administrative Review Tribunal Act 2024.

In considering whether, and how, to vary the approved capacity claim under subsection (2), the Secretary may have regard to:

the relevant application; and

any other matter the Secretary considers relevant.

The variation must result in the approved capacity claim being:

in accordance with rules made for the purposes of section 26; and

if the Secretary is satisfied that the relevant application should have been approved under subsection 32(4) with a reduced capacity claim that is different from the approved capacity claim—that reduced capacity claim; and

if the Secretary is satisfied that the relevant application should have been refused under subsection 32(6)—nil.

Notice of variation

As soon as practicable after varying the approved capacity claim under this section, the Secretary must give the person a written notice setting out:

the variation; and

the reasons for the variation.

39 Effect of variation of approved capacity claim

This section applies if the Secretary varies a person’s approved capacity claim for a payment period under subsection 38(2).

If the variation is made before the payment determination time for the payment period, the Secretary must take the variation into account in working out:

the person’s payment share for the payment period; and

the total scheme capacity for the payment period under subsection 51(2).

If the variation is made at or after the payment determination time for the payment period:

the variation does not affect the total scheme capacity for the payment period; and

the Secretary must consider whether to vary the person’s payment share for the payment period under subsection 57(2).

40 Simplified outline of this Part

Division 2 provides for the way the money available to the scheme each payment year is worked out.

Each payment year the Treasurer determines the available amount, which must be based on amounts of charge collected under the News Media Bargaining Charge Act 2026.

That amount, along with amounts of scheme funding left over from previous years and other amounts determined by the Minister, is allocated as follows:

10% of the amount determined by the Treasurer is allocated for grants under Part 8;

remediation payments in respect of unpaid amounts for approved participants from previous years are paid;

a proportion of scheme funding is set aside as reserves to cover unpaid amounts and amounts that become payable after payments generally have been determined (such as because of a review of a decision);

the remaining amounts are allocated to one or both of the payment periods for the payment year, for payment to approved participants, as long as there is enough to meet the payment threshold for each payment period.

Division 3 provides for participants’ shares of the scheme funding allocated to payment periods to be worked out and paid after the beginning of each payment period. Each participant’s share is based on their approved capacity claim as a proportion of the total capacity claim for all participants.

Division 4 provides for payments to be made from reserves, and remediation payments.

Division 5 provides for variation of participants’ payment shares. This may occur because of a variation of a participant’s approved capacity claim, because of a capacity retention shortfall worked out under Part 5, or because of a significant risk of insolvency, ineligibility or non-compliance.

41 Calculation of scheme funding

For each payment year, the Secretary must, as soon as practicable after the funding determination time for the payment year:

work out the scheme funding for the payment year in accordance with section 42; and

allocate the scheme funding in accordance with section 44.

(2) The funding determination time for a payment year is the end of the day after the day on which the determination under subsection 42(2) for the payment year is made.

42 Scheme funding

(1) For the purposes of paragraph 41(1)(a), the scheme funding for a payment year (the scheme funding year) is to be worked out as the sum of the following:

the amount determined under subsection (2) for the scheme funding year;

unless the scheme funding year is the first payment year—any part of the scheme funding for the previous payment year (including any amounts allocated to reserves, but not amounts of reductions under subsection 44(2)) that was not paid under this Act at or before the funding determination time for the scheme funding year;

unless the scheme funding year is the first payment year—any recoverable amounts that were repaid to the Commonwealth (including any such amounts recovered by the Commonwealth under section 69 or 70) at or before the funding determination time for the scheme funding year, and were not included in the scheme funding under this paragraph for any previous payment year;

any other amounts determined by the Minister under subsection (7).

Determination by Treasurer

The Treasurer must, by notifiable instrument, determine an amount for the purposes of paragraph (1)(a) for the first payment year and each subsequent payment year.

(3) The amount must be the amount (which may be nil) that the Treasurer considers to be equal to the sum of amounts collected, in all financial years before the payment year, by the Commonwealth from the charge imposed by the News Media Bargaining Charge Act 2026:

adjusted, as the Treasurer thinks appropriate, for:

any refunds or adjustments made to the amounts; and

any amounts that are under dispute when the Treasurer makes the determination; and

unless the determination is the first determination made under subsection (2)—less the sum of all amounts determined in all previous determinations under subsection (2).

The Treasurer must make a determination under subsection (2) for a payment year as soon as practicable after the start of the payment year.

The Treasurer must make one, and only one, determination under subsection (2) for a payment year.

A determination under subsection (2) may not be varied or revoked.

Additional amounts of scheme funding

The Minister may, by legislative instrument, determine an amount for the purposes of paragraph (1)(d).

43 Funding threshold

(1) The funding threshold for a payment year is:

if a determination is in force under subsection (2) for the payment year—the amount specified in the determination; or

otherwise—$1,000,000.

The Minister may, by legislative instrument, determine the funding threshold for one or more specified payment years.

44 Allocation of scheme funding

The scheme funding for a payment year is to be allocated in the order set out in this section.

First, the scheme funding is to be reduced by 10% of the amount mentioned in paragraph 42(1)(a) for the payment year.

Note: The amount of the reduction is available for making grants under Part 8.

Then, unpaid amounts (if any) are to be paid under section 56 (remediation of unpaid payment shares), and debited from the scheme funding in accordance with that section.

Then, an amount worked out under section 45 is to be credited to reserves and debited from the scheme funding.

If, after applying subsection (4), the scheme funding is at least twice the funding threshold for the payment year, then:

half of the scheme funding is to be allocated to the first payment period for the payment year; and

the remaining half of the scheme funding is to be allocated to the second payment period for the payment year.

If, after applying subsection (4), the scheme funding is:

at least the funding threshold for the payment year; but

less than twice the funding threshold for the payment year;

then:

all of the scheme funding is to be allocated to the first payment period for the payment year; and

no amount is to be allocated to the second payment period for the payment year.

If, after applying subsection (4), the scheme funding for the payment year is less than the funding threshold for the payment year, then:

no amount is to be allocated to the first payment period for the payment year; and

no amount is to be allocated to the second payment period for the payment year.

Note: Amounts of scheme funding not paid in a payment year may be available to be paid in the following payment year (see paragraph 42(1)(b)).

45 Allocation to reserves

For the purposes of subsection 44(4), the amount to be credited to reserves is worked out by multiplying the scheme funding (after applying subsections 44(2) and (3)) by the reserve percentage.

Note: The amount credited to reserves may be nil if there is no scheme funding left after applying subsections 44(2) and 44(3).

(2) The reserve percentage is:

if a determination under subsection (3) is in effect—the percentage determined under that subsection; or

otherwise—5%.

The Minister may, by legislative instrument, determine a percentage for the purposes of paragraph (2)(a).

A percentage determined under subsection (3) must be no less than 0% and no more than 50%.

46 Assessment of whether scheme funding is likely to be available

As soon as practicable after the 1 March before a payment year, the Secretary must:

make an assessment of whether there is likely to be enough scheme funding for the payment year so that an amount is likely to be allocated to at least one payment period for the payment year; and

publish the result of that assessment on the Department’s website.

47 Notice of scheme funding, and the result of no amount being allocated to a payment period

As soon as practicable after working out and allocating the scheme funding for a payment year, the Secretary must publish a notice of the following on the Department’s website:

how many payment periods for the payment year have amounts allocated;

the amounts (if any) allocated to each payment period;

the first and last days of the payment periods for the payment year;

the first and last days of the lodgement periods for the payment periods for the payment year, if they are known to the Secretary;

if either or both of the payment periods for the payment year have amounts allocated—instructions for making an application under section 24 for the payment period or periods.

No lodgement periods or applications if no scheme funding allocated

If, after the scheme funding is allocated for the payment year, no amount is allocated to the first payment period for the payment year, then:

if the lodgement period for the first payment period has begun:

the lodgement period ceases; and

any applications made under section 24 for the first payment period are taken to be withdrawn; and

the Secretary must notify each applicant or approved participant for the first payment period that no amount is allocated to the payment period; and

any applicants or approved participants for the first payment period cease to be applicants or approved participants for the payment period, and do not have approved capacity claims for the payment period; and

if the lodgement period for the first payment period has not begun—there is no lodgement period for the first payment period; and

no applications may be made under section 24 for the first payment period.

If, after the scheme funding is allocated for the payment year, no amount is allocated to the second payment period for the payment year:

there is no lodgement period for the second payment period; and

no applications may be made under section 24 for the second payment period.

48 Rules may provide for keeping of accounts

The rules may provide for and in relation to the keeping of accounts for the purposes of administering this Act.

49 Application of this Division

This Division applies in relation to a payment period if an amount is allocated to the payment period under subsection 44(5) or paragraph 44(6)(c).

Subdivision B—Payment share

50 Payment determination time

(1) The Secretary must, as soon as practicable after the start of the payment period, determine, in writing, the time that is the payment determination time for the payment period.

The Secretary must publish the payment determination time on the Department’s website as soon as practicable after the determination is made.

A determination under subsection (1) is not a legislative instrument.

51 Payment share

(1) An approved participant’s payment share for the payment period is the amount (in dollars) worked out as follows:

multiply the approved participant’s approved capacity claim by the amount allocated to the payment period;

divide the result of paragraph (a) by the total scheme capacity for the payment period.

(2) The total scheme capacity for the payment period is the sum of all approved participants’ approved capacity claims for the payment period, as at the payment determination time.

(3) The total scheme capacity for a payment period is not affected by a change in any approved participant’s approved capacity claim that occurs or is determined at or after the payment determination time, including a decision on a review under Division 2 of Part 6 or under the Administrative Review Tribunal Act 2024.

Capacity retention shortfall

If:

an approved participant’s payment share for a payment period is being worked out after the end of the payment period (including because the Secretary is varying, or considering varying, the payment share under section 57); and

the approved participant is a payment recipient for the payment period; and

the approved participant has a capacity retention shortfall for the payment period;

then, before applying paragraph (1)(a) to the approved participant, subtract the capacity retention shortfall from the approved participant’s approved capacity claim. To avoid doubt, this does not affect the total scheme capacity for the payment period.

Note: Capacity retention shortfalls are worked out under Division 2 of Part 5 after the end of the payment period.

52 Secretary must determine payment share

As soon as practicable after the payment determination time, the Secretary must determine each approved participant’s payment share for the payment period in accordance with section 51.

Note: A decision to determine an approved participant’s payment share under this subsection is a reviewable decision (see section 78).

The Secretary must give an approved participant written notice of a determination of the approved participant’s payment share as soon as practicable after the determination is made.

Note: The approved participant becomes a payment recipient for the payment period when the notice is given (see section 61).

To avoid doubt, an approved participant’s payment share for the payment period may be nil.

Subdivision C—Payment at start of payment period

53 Payment from money allocated to payment period

The Commonwealth must pay an approved participant the approved participant’s payment share for the payment period as soon as practicable after the Secretary determines that payment share under section 52.

A payment under subsection (1) is debited from the money allocated to the payment period.

(3) This section applies only to the first determination of an approved participant’s payment share for a payment period that is made under paragraph 52 (and not to any such determination that is made as a result of a decision on a review under Division 2 of Part 6, or under the Administrative Review Tribunal Act 2024, unless the decision on the review was made before the payment determination time for the payment period).

Note: If, under subsection (3), a payment share cannot be paid under this section, the payment share may be able to be paid at a later time under section 55 (payment from reserves) or 56 (remediation of unpaid payment shares).

54 Notice of payment

The Secretary must give an approved participant written notice of a payment made under section 53 as soon as practicable after the payment is made.

55 Payment from reserves

This section applies to an approved participant for a payment period if, at any time after the payment determination time for the payment period:

(a) an amount (the unpaid amount) of the approved participant’s payment share for the payment period, or any previous payment period, has not been paid, and is not to be paid under section 53; and

there is an amount of reserves.

Note: The approved participant may have an unpaid amount, for example, if a review under Division 2 of Part 6 results in the approved participant’s payment share increasing after the payment determination time.

Subject to subsection (3), the Commonwealth must pay an amount (if any) worked out under the rules to the approved participant, in respect of the unpaid amount.

The payment must not result in the amount of the reserves being less than nil after the reserves are debited under subsection (5) as a result of the payment.

Without limiting the rules that may be made for the purposes of subsection (2), the rules may provide for any of the following:

limits on the amount that may be paid to an approved participant from reserves in any payment period;

the order in which payments are made under this section in a case where there are 2 or more unpaid amounts (including where 2 or more approved participants have unpaid amounts);

the amount to be paid to an approved participant under subsection (2) for a payment period to be nil.

A payment made under this section is debited from the reserves.

The Secretary must give an approved participant written notice of a payment made to the approved participant under this section as soon as practicable after the payment is made.

56 Remediation of unpaid payment shares

(1) For the purposes of subsection 44(3), if, when the scheme funding for a payment year (the remediation year) is allocated under section 44:

(a) a payment recipient for a payment period in a previous payment year has an amount (the unpaid amount) of payment share for that payment period that has not been paid; and

there is an amount of scheme funding for the remediation year;

then, subject to subsection (2) and rules made for the purposes of subsection (3), the Commonwealth must pay the unpaid amount to the payment recipient.

If the amount of scheme funding is less than the unpaid amount, the amount that the Commonwealth must pay under subsection (1) is the amount of scheme funding.

The rules may provide for the order in which payments are to be made under this section in a case where there are 2 or more unpaid amounts (including where 2 or more people have unpaid amounts).

A payment made under this section is debited from the scheme funding for the remediation year.

The Secretary must give a payment recipient written notice of a payment made to the payment recipient under this section as soon as practicable after the payment is made.

57 Variation of payment share—change in approved capacity claim

This section applies to a person:

who is an approved participant for a payment period; and

whose payment share for the payment period has been determined under section 52 (including where the payment share is nil).

Note: A person who is an approved participant for a payment period may remain an approved participant for the payment period after the end of the payment period. However, see paragraph (3)(b) (5-year time limit on variation).

The Secretary may vary the payment share if the Secretary is satisfied that the payment share is not in accordance with section 51.

Note: A decision to vary a payment share under this subsection is a reviewable decision (see section 78).

The Secretary may vary the payment share under subsection (2):

on the Secretary’s own initiative (or as a result of a requirement under this Act to consider varying the payment share); and

at any time within 5 years after the payment share was originally determined under section 52; and

whether or not the payment share has previously been varied; and

(d) whether or not the payment share has previously been affirmed, varied or substituted as a result of a review under Division 2 of Part 6 or under the Administrative Review Tribunal Act 2024.

Note: The Secretary must consider whether to vary the payment share under subsection (2) if:

the Secretary varies the person’s approved capacity claim under subsection 38(2) (see paragraph 39(3)(b)); or

the Secretary determines that the person has a capacity retention shortfall for the payment period (see paragraph 64(2)(c).

In considering whether to vary the payment share, and what variation to make, the Secretary may:

reconsider the person’s approved capacity claim for the payment period; and

if the person is a payment recipient, and the Secretary is considering whether to vary the payment share after the end of the payment period—consider or reconsider:

whether the person complied with the person’s capacity retention obligation for the payment period; and

whether the person has a capacity retention shortfall for the payment period, and if so what that capacity retention shortfall is.

The variation:

must result in the payment share being in accordance with section 51; and

may result in the payment share being nil.

Note: The variation may result in a payment under Division 4 of Part 4 (payments from reserves and remediation payments), or a recoverable amount under Division 3 of Part 5.

58 Variation of payment share—ineligibility, insolvency or significant non-compliance with capacity retention obligation

This section applies to a person:

who is an approved participant for a payment period; and

who has a payment share for the payment period (other than a payment share that is nil).

The Secretary may vary the person’s payment share if, at any time in the payment period, the Secretary is satisfied that:

the person is insolvent, or is likely to become insolvent before the end of the payment period; or

the person is not an eligible corporation, or is likely to cease to be an eligible corporation before the end of the payment period; or

the person’s eligible editorial capacity is significantly less than the person’s approved capacity claim, and there is no reasonable likelihood of either:

the person substantially complying with the person’s capacity retention obligation for the payment period; or

the person paying to the Commonwealth all, or a substantial part, of any recoverable amount that there is likely to be in relation to the person for the payment period (otherwise than because of this section).

Note 1: The variation may result in a recoverable amount under Division 3 of Part 5.

Note 2: A decision to vary a payment share under this subsection is a reviewable decision (see section 78).

The Secretary may vary the payment share under subsection (2):

on the Secretary’s own initiative; and

whether or not the payment share has previously been varied; and

(c) whether or not the payment share has previously been affirmed, varied or substituted as a result of a review under Division 2 of Part 6 or under the Administrative Review Tribunal Act 2024.

The variation must result in the payment share being either:

nil; or

if the Secretary is satisfied that the person has complied with the person’s capacity retention obligation for any part of the payment period—an amount worked out with regard to the extent to which the person so complied.

The rules may provide for and in relation to the way the Secretary is to:

decide whether to make a variation under subsection (2); or

work out an amount for the purposes of paragraph (4)(b).

59 Notice of variation of payment share

As soon as practicable after varying a person’s payment share under this Division, the Secretary must give the person a written notice setting out:

the variation; and

the reasons for the variation.

60 Simplified outline of this Part

A recipient of payments under Part 4 must retain the eligible editorial capacity represented by their approved capacity claim. If the payment recipient does not do so, they may need to repay some or all of their payment share to the Commonwealth.

Under Division 2, a payment recipient who does not comply with their capacity retention obligation, and is not given an exemption, has a capacity retention shortfall. A shortfall may result in the payment recipient’s payment share being varied.

The Secretary may give exemptions for temporary vacancies and changes in business structure that do not result in a real reduction in workers engaged in eligible editorial roles, and in other circumstances prescribed by the rules.

Division 3 provides for the Commonwealth to recover payments that exceed a payment recipient’s payment share.

Division 4 requires a payment recipient to give a report to the Secretary for each payment period, to notify the Secretary of events and matters prescribed by the rules, and to retain records for 5 years. A payment recipient may be liable to a civil penalty for failing to comply with these requirements.

61 Payment recipient

A person is a payment recipient for a payment period if the person:

is an approved participant for the payment period; and

has been given a notice under subsection 52(2) (notice of determination of payment share) in respect of the payment period.

62 Capacity retention period

(1) Subject to subsections (2) and (3), the capacity retention period, for a payment period, of a person who is a payment recipient for the payment period is the whole of the payment period.

If the person was first given a notice under subsection 34(1), in relation to the application under section 24 that resulted in the person being a payment recipient for the payment period, after the start of the payment period, the person’s capacity retention period is the period that:

starts when the person is given the notice; and

ends at the end of the payment period.

If the time mentioned in paragraph (2)(a) is after the time mentioned in paragraph (2)(b), the person does not have a capacity retention period for the payment period.

63 Compliance with capacity retention obligation

A person who is a payment recipient for a payment period complies with the person’s capacity retention obligation for the payment period if, on each day in the person’s capacity retention period:

the person is an eligible corporation; and

the person’s eligible editorial capacity is equal to or greater than the person’s approved capacity claim for the payment period.

64 Determination of compliance with capacity retention obligation

This section applies in relation to a payment period if an amount is allocated to the payment period under subsection 44(5) or paragraph 44(6)(c).

As soon as practicable after the end of the payment period, the Secretary must, for each payment recipient for the payment period:

determine whether the payment recipient has complied with the payment recipient’s capacity retention obligation for the payment period; and

if the payment recipient has not complied with the payment recipient’s capacity retention obligation for the payment period—determine the amount of the capacity retention shortfall; and

if the Secretary determines that the payment recipient has a capacity retention shortfall for the payment period—consider varying the payment recipient’s payment share under section 57.

The Secretary must, as soon as practicable after determining that a payment recipient has not complied with the payment recipient’s capacity retention obligation, give the payment recipient written notice of:

the determination; and

the capacity retention shortfall; and

the reasons for the determination.

65 Capacity retention shortfall

A person who:

is a payment recipient for a payment period; and

has a capacity retention period for the payment period; and

does not comply with the person’s capacity retention obligation for the whole of the capacity retention period;

has a capacity retention shortfall for the payment period worked out under this section.

Note: The capacity retention shortfall will be a number greater than nil and less than or equal to the person’s approved capacity claim.

(2) First, work out the person’s daily shortfall for each day in the capacity retention period on which the person’s eligible editorial capacity was less than the person’s approved capacity claim. The daily shortfall for a day is the difference between:

the person’s approved capacity claim for the payment period; and

the person’s eligible editorial capacity on the day.

(3) Then work out the person’s total shortfall by adding together the daily shortfall for all days in the capacity retention period on which the person’s eligible editorial capacity was less than the person’s approved capacity claim.

Then, if one or more determinations under subsection 66(1) (exemption determinations) are in effect in relation to the person and the payment period, reduce the total shortfall by any amounts that, because of the determinations, are to be disregarded.

Then work out the person’s capacity retention shortfall by dividing the total shortfall by the number of days in the capacity retention period.

Shortfalls worked out to be nil

Despite subsection (1), if:

the total shortfall is nil after applying subsection (4); or

the capacity retention shortfall is nil after rounding the amount worked out under subsection (5) in accordance with section 107;

the person does not have a capacity retention shortfall for the payment period.

Days on which person is not an eligible corporation

To avoid doubt, if a person is not an eligible corporation on a day, treat the person’s eligible editorial capacity on that day as nil.

66 Exemptions

The Secretary may determine that some or all of a person’s total shortfall is to be disregarded for the purposes of working out the person’s capacity retention shortfall for a payment period if:

the person applies to the Secretary under subsection (2); and

the Secretary is satisfied that the shortfall arose because of an event or matter mentioned in subsection (4); and

the Secretary is satisfied that it is reasonable, in all the circumstances, to make the determination.

Note: A decision not to make a determination under this subsection, as applied for under subsection (2), is a reviewable decision (see section 78).

Application for exemption

A person who is a payment recipient may apply, in writing, for the Secretary to make a determination under subsection (1) in relation to the person.

The application must:

include a description of the event or matter in relation to which the application is made; and

set out the reasons why the person thinks the determination should be made; and

include any other information or documents prescribed by the rules; and

be made before the end of 28 days after the shortfall first arose.

Events or matters that may be subject to exemption

For the purposes of paragraph (1)(b), the events and matters are the following:

a temporary vacancy in an eligible editorial role:

that occurred for reasons outside the control of the person and any corporation nominated by the person under section 12; and

that the person or the nominated corporation filled, or took reasonable steps to fill, within a reasonable time;

a change in business structure:

because of which no eligible corporation (including the person) is able to count the FTE numbers of one or more workers towards meeting that eligible corporation’s capacity retention obligation; but

where those workers are still engaged in eligible editorial roles;

any other events or matters prescribed by the rules.

The rules may provide for any of the following:

matters to which the Secretary may, must or must not have regard in deciding whether to make a determination under subsection (1);

the way in which the amount of the total shortfall to be disregarded is to be worked out.

Notice of decision

The Secretary must, as soon as practicable after deciding whether or not to make a determination under subsection (1) in respect of an application, give the person who made the application written notice of:

the decision; and

the reasons for the decision; and

if the Secretary made the determination—the terms of the determination; and

any other matters that the rules require the notice to include.

Determination does not affect later payment periods

To avoid doubt, a determination under subsection (1) that relates to a particular payment period has effect in relation to that payment period only, and does not have any effect in relation to any other payment period.

67 Variation and revocation of exemption

(1) The Secretary may vary a determination made under subsection 66(1) (an exemption determination) if the Secretary is satisfied that:

the exemption determination should not have been made in the terms in which it was made; but

the exemption determination could have been made in different terms.

Note: A decision to vary an exemption determination under this subsection is a reviewable decision (see section 78).

The Secretary may revoke an exemption determination if the Secretary is satisfied that:

the application for the exemption determination was not made in accordance with subsection 66(3); or

the exemption determination should not have been made.

Note: A decision to revoke an exemption determination under this subsection is a reviewable decision (see section 78).

The Secretary may vary or revoke the exemption determination:

on the Secretary’s own initiative; and

at any time within 5 years after the end of the payment period to which the exemption determination relates; and

whether or not the exemption determination has previously been varied under this section; and

(d) whether or not a decision to make or vary the exemption determination has previously been affirmed, varied or substituted as a result of a review under Division 2 of Part 6 or under the Administrative Review Tribunal Act 2024.

Notice of variation or revocation

As soon as practicable after varying or revoking an exemption determination under this section, the Secretary must give the payment recipient to which the determination relates, or related, a written notice setting out:

the variation or revocation; and

the reasons for the variation or revocation.

68 Recoverable amount

This section applies to a payment recipient for a payment period if:

(a) the payment recipient has been paid an amount (the amount paid) in respect of the payment recipient’s payment share for the payment period, or purportedly in respect of that payment share; and

the amount paid exceeds the payment recipient’s payment share for the payment period.

(2) The amount by which the amount paid exceeds the payment recipient’s payment share for the payment period is a recoverable amount in relation to the payment recipient.

Note: A recoverable amount may result from variation of the payment recipient’s payment share from time to time under section 57 or 58.

69 Recovery of recoverable amount as a debt

If there is a recoverable amount in relation to a person:

the recoverable amount is a debt due to the Commonwealth; and

the recoverable amount is recoverable by the Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.

70 Recovery of recoverable amount by set-off

If:

there is a recoverable amount in relation to a person; and

(b) an amount (the payment amount) is payable to the person under this Act;

the Secretary may, on behalf of the Commonwealth, set off the whole or a part of the recoverable amount against the whole or a part of the payment amount.

If the Secretary does so, the person is taken, for the purposes of this Act, to have been paid the payment amount to the extent of the set-off.

71 Report on payment period by payment recipient

(1) The reporting period for a payment period is the period that:

begins at the start of the payment period; and

ends at the end of the day that is 28 days before the end of the payment period.

A payment recipient for a payment period must, within the period of 14 days after the end of the reporting period for the payment period, give the Secretary a written report on the reporting period.

Note 1: See section 72 (civil penalty for failing to give report within 3 months).

Note 2: See also paragraph 32(2)(c) (Secretary must be satisfied that an applicant has given any reports required by this section before approving application).

The report must include the following:

a statement of whether the payment recipient has been an eligible corporation for the whole of the reporting period;

the payment recipient’s eligible editorial capacity at the end of the reporting period;

the payment recipient’s average eligible editorial capacity over the reporting period, worked out in accordance with the rules;

details of any changes in the payment recipient’s eligible editorial capacity that occurred during the reporting period;

if any part of the payment recipient’s eligible editorial capacity for the reporting period included FTE numbers for eligible volunteers—the number of volunteers that the payment recipient employed in eligible editorial roles within 3 months of the start of the reporting period;

the following information for each registered news business for which the payment recipient was endorsed at any time in the reporting period, to the extent that the information is known to the payment recipient:

whether the registered news business was operating at the end of the reporting period;

details of any news source or sources that made up the registered news business at any time in the reporting period;

the eligible editorial capacity attributable to the registered news business at the end of the reporting period;

any other information and documents prescribed by the rules.

72 Civil penalty for failing to give report

A person contravenes this section if:

the person is required to give a report for a reporting period under subsection 71(2); and

the person does not give the report within the period of 3 months after the end of the reporting period.

Civil penalty: 120 penalty units.

73 Payment recipients must give notice of certain matters

The rules may require a payment recipient for a payment period to give a notice to the Secretary if an event or matter prescribed by the rules occurs or applies.

The payment recipient must give the notice to the Secretary within the period prescribed by the rules.

Note: See section 74 (civil penalty for failing to give notice).

The notice must include any information or documents prescribed by the rules.

When notice requirement ceases to apply

Subsection (1) does not require the payment recipient to give a notice in relation to a matter or event that occurs or applies after the earlier of:

the end of the third month of a payment period, if the payment recipient is not an applicant or an approved participant for that payment period; and

a time prescribed by the rules.

Subsection (4) does not prevent this section applying to the payment recipient if the payment recipient becomes a payment recipient for a later payment period.

Notice requirements are additional

To avoid doubt, the requirement to give a notice under rules made for the purposes of this section applies in addition to any requirement to give a notice under section 35 or 36. However, the rules may provide for a single notice to be given for a particular matter or event.

74 Civil penalty for failing to give notice

A person contravenes this section if:

the person is required to give a notice under rules made for the purposes of subsection 73(1); and

the person does not give the notice to the Secretary in accordance with section 73.

Civil penalty: 60 penalty units.

75 Keeping records

A payment recipient for a payment period must, in accordance with any rules made for the purposes of subsection (2), keep records relating to:

the payment recipient’s compliance with this Act and the rules; and

the payment recipient’s compliance with the payment recipient’s capacity retention obligation for the payment period.

The rules may make provision in relation to:

the kinds of records that must be kept; and

the manner and form in which the records must be kept.

The records must be retained for 5 years.

76 Civil penalty for failing to keep records

A person contravenes this section if:

the person is required to keep a record under subsection 75(1); and

the person does not keep the record in accordance with section 75.

Civil penalty: 60 penalty units.

77 Simplified outline of this Part

Division 2 provides for certain decisions under this Act to be subject to internal review and review by the Administrative Review Tribunal.

Division 3 contains a standing appropriation for payments under this Act (except grants under Part 8).

Division 4 provides for the Secretary to publish information about the operation of this Act. The Secretary must also give annual reports to the Minister for tabling in the Parliament.

Division 5 authorises the use and disclosure of information for purposes relating to the administration of this Act, and to certain other bodies.

78 Application for internal review of decisions

(1) A person in column 1 of the following table may apply to the Secretary for review (an internal review) of a decision (a reviewable decision) in column 2, within the period in column 3.

The application must:

be made in writing; and

set out the reasons for the application.

79 Conducting internal review of decision

(1) This section applies if a person (the review applicant) makes an application under section 78 for internal review of a reviewable decision (the original decision).

On receiving the application, the Secretary must either:

review the original decision personally; or

cause the original decision to be reviewed by a person:

who was not involved in making the decision; and

who occupies a position senior to the delegate who made the decision.

(3) The person reviewing the decision (the internal reviewer) may:

affirm, vary or set aside the original decision; and

if the internal reviewer sets aside the original decision—make such other decision as the internal reviewer thinks appropriate.

The internal reviewer must, as soon as practicable after making a decision under subsection (3), give the review applicant a written statement of the internal reviewer’s reasons for the decision.

Effect of withdrawing application to which original decision relates

If the original decision is a decision mentioned in column 2 of item 1, 2 or 3 of the table in subsection 78(1), and the application to which the original decision relates is withdrawn, the internal review is terminated.

Review does not affect implementation of decision

Internal review of a decision does not prevent anything being done to bring the decision, or any consequences of the decision, into effect while the review is being carried out.

80 Review by Administrative Review Tribunal

An application may be made to the Administrative Review Tribunal for review of a decision of an internal reviewer under subsection 79(3) made as a result of an internal review of a decision mentioned in any of the following items of the table in subsection 78(1):

item 1 (approving an application with a reduced capacity claim);

item 2 (refusing an application);

item 3 (varying an approved capacity claim);

item 5 (varying a payment share);

item 6 (refusing an application for an exemption);

item 7 (varying or revoking an exemption).

An application under subsection (1) may be made only by the person who applied for the internal review.

(3) Subsection (2) has effect despite section 17 of the Administrative Review Tribunal Act 2024.

81 Appropriation

The Consolidated Revenue Fund is appropriated for the purposes of making payments under the following provisions:

section 53 (payment from money allocated to payment period);

section 55 (payment from reserves);

section 56 (remediation of unpaid payment shares).

82 Publication of information about payment recipients

Within 1 month after the end of a payment period, the Secretary must cause to be published the following information about each payment recipient for the payment period on the Department’s website:

the payment recipient’s name;

the payment recipient’s ABN (if any);

the payment recipient’s payment share for the payment period;

the total of the payment recipient’s payment shares for all previous payment periods;

the weighting categories (if any) that applied to at least one eligible editorial worker of the payment recipient;

the registered news businesses for which the payment recipient was endorsed at any time in the payment period;

any other information prescribed by the rules.

83 Publication of aggregated and de-identified information

The Secretary may, for the purpose of informing the public about the operation of this Act, cause to be published any information obtained in the course of administering this Act, as long as the information is either aggregated or, if it is personal information (within the meaning of the Privacy Act 1988), de-identified (within the meaning of that Act), or both.

84 Annual report on the operation of this Act

Within 3 months after the end of the second payment period for a payment year, the Secretary must prepare and give to the Minister a report on the operation of this Act and the rules in relation to the payment year and the payment periods for the payment year.

The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report was given to the Minister.

The report must include the following information:

the scheme funding for the payment year;

the number of payment periods for the payment year to which scheme funding was allocated under subsection 44(5) or paragraph 44(6)(c);

the number of eligible corporations that made an application under section 24 for at least one of the payment periods for the payment year;

the number of eligible corporations that were payment recipients for at least one of the payment periods for the payment year;

the total eligible editorial capacity of all eligible corporations that were payment recipients for at least one of the payment periods for the payment year, using the most recent eligible editorial capacity for each corporation that is known to the Secretary when preparing the report;

the percentage of the total eligible editorial capacity mentioned in paragraph (e) that represents the total eligible editorial capacity of the following groups:

the 5 payment recipients whose total payment shares for the payment periods for the payment year were the greatest;

the 10 payment recipients whose total payment shares for the payment periods for the payment year were the greatest;

the total amount paid to payment recipients under Part 4 for the payment periods for the payment year;

a list of all payments made under Part 4 in respect of the payment periods for the payment year, including the name of the recipient of each payment;

details of any civil penalties imposed by a court during the payment year for contraventions of this Act;

the total amount of all recoverable amounts recovered by the Commonwealth during the payment year;

the total amount of all recoverable amounts that, at the end of the payment year, had not been recovered by the Commonwealth;

an evaluation of the operation of this Act in the payment year, having regard to any matters prescribed by the rules;

an evaluation of any emerging risks relating to the operation of this Act;

any other information prescribed by the rules.

The report must also include the following information for each payment period for the payment year:

the days on which the payment period started and ended;

the amount (if any) allocated to the payment period under subsection 44(5) or paragraph 44(6)(c).

The report must also include the following information for each payment period for the payment year to which an amount was allocated under subsection 44(5) or paragraph 44(6)(c):

the total amount paid under Part 4, at or before the time the report is being prepared, in respect of payment shares for the payment period;

for each weighting category—the number of payment recipients for the payment period that had at least one worker in the weighting category;

the total of all capacity claims made by applicants for the payment period;

the total of all approved capacity claims for all approved participants for the payment period;

the percentage of the total amount paid under Part 4, at or before the time the report is being prepared, in respect of payment shares for the payment period that was paid to the following groups:

the 5 payment recipients that were paid, at or before the time the report is being prepared, the 5 largest amounts under Part 4 in respect of payment shares for the payment period;

the 10 payment recipients that were paid, at or before the time the report is being prepared, the 10 largest amounts under Part 4 in respect of payment shares for the payment period;

the payment share for the payment period of the payment recipient with the largest such payment share;

any other information prescribed by the rules.

85 Use and disclosure of information

(1) This section applies to information (relevant information) obtained under or for the purposes of this Act.

Relevant information may be used and disclosed for any of the following purposes:

administering this Act and the rules;

evaluating the operation of this Act and the rules;

advising the Minister.

(3) Without limiting subsection (2), relevant information may also be disclosed to any of the following persons or bodies (a disclosee), for the purpose of assisting the disclosee in the performance of the disclosee’s functions and the exercise of the disclosee’s powers:

the Australian Communications and Media Authority;

the Commissioner of Taxation;

an authority of the Commonwealth that has functions relating to law enforcement or national security;

a court or tribunal;

any other person or body prescribed by the rules.

Note: This section constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws.

86 Simplified outline of this Part

This Part contains compliance and enforcement powers.

Division 2 gives the Secretary powers to require a person to produce relevant information and documents, and imposes a civil penalty for providing false or misleading information or documents.

Division 3 applies provisions of the Regulatory Powers Act to this Act so that:

civil penalty orders may be sought under Part 4 of the Regulatory Powers Act from a relevant court in relation to contraventions of civil penalty provisions of this Act; and

infringement notices may be given under Part 5 of the Regulatory Powers Act for alleged contraventions of civil penalty provisions of this Act; and

enforceable undertakings to comply with civil penalty provisions of this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act.

87 Secretary may obtain information and documents

Scope

This section applies to a person who is, or has been, an applicant, an approved participant or a payment recipient for a payment period if the Secretary has reason to believe that the person has information or a document that is relevant to:

the person’s compliance with this Act; or

any information or documents that the person has given to the Secretary for the purposes of this Act; or

the person’s eligible editorial capacity at any time in a payment period when the person was an applicant or an approved participant for the payment period or for the following payment period; or

the person’s eligible editorial capacity at any time in a payment period when the person was a payment recipient for the payment period.

The Secretary may require information or documents

The Secretary may, by written notice given to the person, require the person to do any of the following:

to give to the Secretary, within the period and in the manner and form specified in the notice, any such information;

to produce to the Secretary, within the period and in the manner specified in the notice, any such documents;

to make copies of any such documents and to produce to the Secretary, within the period and in the manner specified in the notice, those copies.

A period specified under paragraph (2)(a), (b) or (c) must not be shorter than 14 days after the notice is given.

Civil penalty provision

A person contravenes this subsection if:

the person is given a notice under subsection (2); and

the person does not comply with the notice within the period specified in the notice.

Civil penalty: 100 penalty units.

88 Copies of documents

The Secretary may inspect a document or copy produced under section 87 and may make and retain copies of, or take and retain extracts from, such a document.

The Secretary may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 87(2)(c).

89 Person must not give false or misleading information

A person contravenes this subsection if:

the person gives information or produces a document under, or for the purposes of, this Act or the rules; and

the information or document:

is false or misleading; or

omits any matter or thing without which the information or document is misleading.

Civil penalty: 60 penalty units.

Subsection (1) does not apply if the information or document is not false or misleading in a material particular.

Note 1: In proceedings for a civil penalty order against a person for a contravention of subsection (1), the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Note 2: A person may commit an offence if the person gives false or misleading information or produces false or misleading documents (see sections 137.1 and 137.2 of the Criminal Code).

90 Civil penalty provisions

Enforceable civil penalty provisions

Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.

Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.

The Secretary may, in writing, delegate the Secretary’s powers and functions under Part 4 of the Regulatory Powers Act in relation to the civil penalty provisions of this Act to an SES employee, or acting SES employee, in the Department.

Relevant court

For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2).

Extension to external Territories

(5) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.

91 Infringement notices

Provisions subject to an infringement notice

Each civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.

Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.

Infringement officer

For the purposes of Part 5 of the Regulatory Powers Act, each of the following persons is an infringement officer in relation to the provisions mentioned in subsection (1):

the Secretary;

an SES employee, or acting SES employee, in the Department.

Relevant chief executive

For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).

The Secretary may, in writing, delegate the Secretary’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) to an SES employee, or acting SES employee, in the Department.

A person exercising powers or performing functions under a delegation under subsection (4) must comply with any directions of the Secretary.

Extension to external Territories

(6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

92 Enforceable undertakings

Enforceable provisions

(1) Each civil penalty provision of this Act is enforceable under Part 6 of the Regulatory Powers Act.

Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.

Authorised person

For the purposes of Part 6 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1):

the Secretary;

an SES employee, or acting SES employee, in the Department.

Relevant court

For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2).

Extension to external Territories

(4) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.

93 Simplified outline of this Part

Grants of financial assistance may be made for the purpose of assisting and supporting the production of core news content. 10% of collected charge revenue is available for grants under this Part (see subsection 44(2)).

5% of collected charge revenue is available for making grants, under sections 94 and 95, to certain entities and corporations that are not eligible to participate in payment periods. Any amount unspent in a payment year is available for spending in a later payment year.

Also, grants of financial assistance may be made to the Australian Associated Press under section 96. 5% of collected charge revenue is available for these grants each year.

Payments under this Part are made from the standing appropriation in section 103.

94 Grants to certain entities

The Secretary may, on behalf of the Commonwealth, make a grant of financial assistance to an eligible entity for the purpose of assisting the eligible entity to:

produce core news content for publication online; or

employ, or otherwise engage, individuals in eligible editorial roles to produce core news content for publication online by the eligible entity; or

support the production of core news content for publication online.

(2) If the Secretary makes a grant of financial assistance to an eligible entity under subsection (1), the eligible entity is a grant recipient.

In this section:

eligible entity means an individual, a partnership, a trust or a body corporate, but does not include a corporation to which paragraph 51(xx) of the Constitution applies.

95 Grants to certain corporations

The Secretary may, on behalf of the Commonwealth, make a grant of financial assistance to an eligible grant recipient corporation for the purpose of assisting the corporation to:

produce core news content for publication online; or

employ, or otherwise engage, individuals in eligible editorial roles to produce core news content for publication online by the corporation.

(2) If the Secretary makes a grant of financial assistance to an eligible grant recipient corporation under subsection (1), the corporation is a grant recipient.

In this section:

eligible grant recipient corporation means a corporation:

to which paragraph 51(xx) of the Constitution applies; and

that produces core news content for publication online; and

that is not an eligible corporation.

96 Grants to the Australian Associated Press

(1) The Secretary may, on behalf of the Commonwealth, make a grant of financial assistance to the Australian Associated Press (the AAP) for the purpose of supporting the activities of the AAP in relation to news journalism, including the AAP’s wholesale newswire service.

(2) If the Secretary makes a grant of financial assistance to the AAP under subsection (1), the AAP is a grant recipient.

97 Terms and conditions of grants

Scope

This section applies to a grant of financial assistance made under this Part.

Terms and conditions

The terms and conditions on which that financial assistance is granted must be set out in a written agreement between the Commonwealth and the grant recipient.

The grant recipient must comply with the terms and conditions.

Without limiting subsection (2), the terms and conditions must provide for the circumstances in which the grant recipient must repay amounts to the Commonwealth.

Note: An amount repayable to the Commonwealth would be a debt due to the Commonwealth.

An agreement under subsection (2) is to be entered into by the Secretary on behalf of the Commonwealth.

98 Secretary has powers etc. of the Commonwealth

The Secretary, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant made under this Part.

Without limiting subsection (1):

a grant under this Part is to be paid by the Secretary on behalf of the Commonwealth; and

an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant under this Part is to be paid to the Secretary on behalf of the Commonwealth; and

the Secretary may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant under this Part.

99 Conferral of powers on the Secretary

The Secretary may exercise a power conferred on the Secretary by an agreement under subsection 97(2).

100 Limit on amounts to be paid under this Part

Grants under sections 94 and 95

The total amount to be paid under sections 94 and 95 in a payment year must not exceed the grant funding limit for the payment year.

(2) For the purposes of subsection (1), the grant funding limit for a payment year is the sum of:

half of the amount by which scheme funding for the payment year is reduced under subsection 44(2); and

half of the total of the amounts (if any) by which scheme funding for any previous payment years has been reduced under subsection 44(2);

less the sum of the amounts (if any) paid under sections 94 and 95 before the start of the payment year.

Grants under section 96

The total amount to be paid under section 96 in a payment year must not exceed half of the amount by which scheme funding for the payment year is reduced under subsection 44(2).

101 Relationship with other laws

This Part does not, by implication, limit the Commonwealth’s power to make, vary or administer an arrangement or grant under another law of the Commonwealth (including subsection 32B(1) of the Financial Framework (Supplementary Powers) Act 1997).

102 Executive power of the Commonwealth

This Part does not, by implication, limit the executive power of the Commonwealth.

103 Appropriation

The Consolidated Revenue Fund is appropriated for the purposes of making grants under sections 94, 95 and 96.

104 Treatment of partnerships

This Part applies to a partnership as if it were a person, but with the changes set out in this section.

An obligation that would otherwise be imposed on the partnership by this Part is imposed on each partner instead, but may be discharged by any of the partners.

For the purposes of this Part, a change in the composition of a partnership does not affect the continuity of the partnership.

105 Treatment of trusts

This Part applies to a trust as if it were a person, but with the changes set out in this section.

If the trust has a single trustee, an obligation that would otherwise be imposed on the trust by this Part is imposed on the trustee instead.

If the trust has 2 or more trustees, an obligation that would otherwise be imposed on the trust by this Part is imposed on each trustee instead, but may be discharged by any of the trustees.