Online Safety and Media Regulation Act 2022

71

Termination or suspension of contract under section 51 of Principal Act

71. (1) Where before the date of coming into operation of section 15 the Compliance Committee has issued a notification under section 51(2) of the Principal Act but not heard submissions under that subsection, the notification shall on and after that date, and subject to the modification referred to in subsection (4)(a), be considered to be a notice under section 51(2) of the Principal Act as amended by section 15, and section 51 of the Principal Act as amended by section 15 shall apply accordingly.

(2) Where before the date of coming into operation of section 15 the Compliance Committee has received submissions under section 51(2) of the Principal Act but has not made a recommendation under section 51(1) of the Principal Act, the Commission shall on and after that date, and subject to the modifications referred to in subsection (4), make a decision in accordance with section 51 of the Principal Act as amended by section 15.

(3) Where before the date of coming into operation of section 15 the Compliance Committee has made a recommendation under section 51(1) of the Principal Act but the Authority has not suspended or terminated the contract under section 51(1) of the Principal Act, the Commission shall, on and after that date, and subject to the modification referred to in subsection (5), act in accordance with section 51(1) and (5) of the Principal Act as if section 15 had not come into operation.

(4) The modifications referred to in subsections (1) and (2) are that—

(a) the reference in section 51(1) of the Principal Act as amended by section 15 to the finding of the Commission under section 50(7) of the Principal Act, shall be construed as a reference to the finding of the Compliance Committee under section 50(7) of the Principal Act as it existed prior to the coming into operation of section 15, and

(b) the Commission may afford the holder of the contract referred to in section 51 of the Principal Act a further opportunity to make submissions in accordance with section 51(2) of the Principal Act as amended by section 15.

(5) The modification referred to in subsection (3) is that references to the Authority in section 51 of the Principal Act shall be construed as references to the Commission.

(6) Any rules made by the Authority under section 51(5) of the Principal Act which were in force immediately before the coming into operation of section 15 shall continue in force for the purposes of subsection (3), subject to any amendment made by the Commission.