Foreign Investment Reform (Protecting Australia's National Security) Regulations 2020 (F2020L01568)

Schedule 6   Technical amendments

Foreign Acquisitions and Takeovers Regulation 2015

3   After section 13

Insert:

13A Meaning of Australian media business

(1) An Australian media business is an Australian business of doing one or more of the following:

(a) publishing daily newspapers in Australia (including on websites from which all or part of those newspapers may be accessed);

(b) broadcasting television or radio in Australia (including on websites from which all or part of those broadcasts may be accessed);

(c) operating an electronic service covered by subsection (2).

(2) An electronic service is covered by this subsection if:

(a) the service delivers content over the internet; and

(b) the service is operated wholly or partly for the purpose of serving Australian audiences; and

(c) the service meets the content test in subsection (3); and

(d) the service meets the threshold test in subsection (4).

(3) An electronic service meets the content test in this subsection if:

(a) the content delivered by the service consists predominantly of content that reports, investigates or explains:

(i) issues or events that are relevant in engaging Australians in public debate and in informing democratic decision-making; or

(ii) current issues or events of public significance for Australians at a local, regional or national level; or

(iii) current issues or events of interest to Australians; or

(b) the content delivered by the service is delivered wholly or predominantlyby way of programs of audio or video content.

(4) An electronic service meets the threshold test in this subsection if it is reasonable to conclude thatthe average daily audience for the service exceeds 10,000 people.

(5) In applying subsection (4) at a time, have regard to the shorter of the following periods:

(a) the period of 12 months ending at that time;

(b) the period since the service first started to be operated.