ONLINE SAFETY ACT 2021 - SECT 240 Legislative rules
ONLINE SAFETY ACT 2021 - SECT 240
Legislative rules(1) The Minister may, by legislative instrument, make rules ( legislative rules ) prescribing matters:
(a) required or permitted by this Act to be prescribed by the legislative rules ; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the legislative rules may not do the following:
(a) create an offence or civil penalty;
(ii) entry, search or seizure;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
• There is to be an eSafety Commissioner.
• The functions of the Commissioner include:
(a) promoting online safety for Australians; and
(b) administering a complaints system for cyber - bullying material targeted at an Australian child; and
(c) administering a complaints system for cyber - abuse material targeted at an Australian adult; and
(d ) administering a complaints and objections system for non - consensual sharing of intimate images; and
(e) administering the online content scheme; and
(f ) coordinating activities of Commonwealth Departments, authorities and agencies relating to online safety for Australians .
• The complaints system for cyber - bullying material targeted at an Australian child includes the following components:
(a) the provider of a social media service , a relevant electronic service o r a designated internet service may be given a notice (a removal notice ) requiring the removal from the service of cyber - bullying material targeted at an Australian child;
(b) a hosting service provider who hosts cyber - bullying material targeted at an Australian child may be given a notice (a removal notice ) requiring the provider to cease hosting the material;
(c ) a person who posts cyber - bullying material targeted at an Australian child may be given a notice (an end - user notice ) requiring the person to remove the material, refrain from posting cyber - bullying material or apologise for posting the material.
• The complaints system for cyber - abuse material targeted at an Australian adult includes the following components:
(a) the provider of a social media service, a relevant electronic service or a designated internet service may be given a notice (a removal notice ) requiring the removal from the service of cyber - abuse material targeted at an Australian adult;
(b) a person who posts cyber - abuse material targeted at an Australian adult may be given a notice (a removal notice ) requiring the person to remove the material;
(c) a hosting service provider who hosts cyber - abuse material targeted at an Australian adult may be given a notice (a removal notice ) requiring the provide r to cease hosting the material.
• The complaints and objections system for non - consensual sharing of intimate images includes the following components:
(a) a person who posts, or threatens to post, an intimate image may be liable to a civil penalty;
(b) the provider of a social media service, relevant electronic service or designated internet service may be given a notice (a removal notice ) requiring the provider to remove an intimate image from the service;
(c) an end - user of a social media service, relevant electronic service or designated internet service who posts an intimate image on the service may be given a notice (a removal notice ) requiring the end - user to remove the image from the service;
(d) a hosting service provider who hosts an intimate image may be given a notice (a removal notice ) requiring the provider to cease hosting the image.
• The online content scheme includes the following components:
(a) the provider of a social media service, relevant electronic service or designated internet service may be given a notice (a removal notice ) requiring the provider to remove certain material;
(b) a hosting service provider may be given a notice (a removal notice ) requiring the provider to cease hosting certain material;
(c ) the provider of an i nternet search engine service may be given a notice (a link deletion notice ) requiring the provider to cease providing a link to certain material;
(d ) the provider of an app distribution service may be given a notice (an app removal notice ) requiring the provider to cease enabling end - users to download an app that facilitates the posting of certain material on a social media service, relevant electronic service or designated internet service;
(e ) bodies and associations that represent section s of the online indu stry may develop industry codes;
(f ) the Commissioner may make an industry standard;
(g ) the Commissioner may make service provider determinations regulating service providers in the online industry.
• The Minister may determine basic online safety expectations for social media services, relevant electronic services and designated internet services.
• An internet service provider may be requested or required to block access to :
(a) material that promotes abhorrent violent conduct; or
(b) material that incites abhorrent violent conduct; or
(c) material that instructs in abhorrent violent conduct; or
(d) material that depicts abhorrent violent conduct .
• There is to be an eSafety Commissioner.
• The functions of the Commissioner include:
(a) promoting online safety for Australians; and
(b) administering a complaints system for cyber - bullying material targeted at an Australian child; and
(c) administering a complaints system for cyber - abuse material targeted at an Australian adult; and
(d) administering a complaints and objections system for non - consensual sharing of intimate images; and
(e) administering the online content scheme; and
(f) coordinating activities of Commonwealth Departments, authorities and agencies relating to online safety for Australians .
• There is a complaints system for cyber - bullying material targeted at an Australian child.
• There is a complaints and objections system for non - consensual sharing of intimate images.
• There is a complaints system for cyber - abuse material targeted at an Australian adult.
• There is a complaints system relating to the online content scheme.
• The Minister may determine basic online safety expectations for social media services, relevant electronic services and designated internet services.
• The provider of a social media service, relevant electronic service or designated internet service may be required to give the Commissioner reports about compliance with the applicable basic online safety expectations.
• A social media service, relevant electronic service or designated internet service may be given a notice (a removal notice ) requiring the removal from the service of cyber - bullying material targeted at an Australian child.
• A hosting service provider who hosts cyber - bullying material targeted at an Australian child may be given a notice (a removal notice ) requiring the provider to cease hosting the material.
• A person who posts cyber - bullying material targeted at an Australian child may be given a notice (an end - user notice ) requiring the person to do any or all of the following:
(a) take all reasonable steps to ensure the removal of the material;
(b) refrain from posting any cyber - bullying material for which the child is the target;
(c) apologise for posting the material.
• A person who posts, or threatens to post, an intimate image without the consent of the person depicted in the image may be liable to a civil penalty.
• The provider of a social media service, relevant electronic service or designated internet service may be given a notice (a removal notice ) requiring the provider to remove an intimate image from the service.
• An end - user of a social media service, relevant electronic service or designated internet service who posts an intimate image on the service may be given a notice (a removal notice ) requiring the end - user to remove the image from the service.
• A hosting service provider who hosts an intimate image may be given a notice (a removal notice ) requiring the provider to cease hosting the image.
• The provider of a social media service, a relevant electronic service or a designated internet service may be given a notice (a removal notice ) requiring the removal from the service of cyber - abuse material targeted at an Australian adult.
• A person who posts cyber - abuse material targeted at an Australian adult may be given a notice (a removal notice ) requiring the person to remove the material.
• A hosting service provider who hosts cyber - abuse material targeted at an Australian adult may be given a notice (a removal notice ) requiring the provide r to cease hosting the material.
• An internet service provider may be requested or required to block access to:
(a) material that promotes abhorrent violent conduct; or
(b) material that incites abhorrent violent conduct; or
(c) material that instructs in abhorrent violent conduct; or
(d) material that depicts abhorrent violent conduct .
• The provider of a social media service, relevant electronic service or designated internet service may be given a notice (a removal notice ) requiring the provider to remove certain material.
• A hosting service provider may be given a notice (a removal notice ) requiring the provider to cease hosting certain material.
• The provider of an internet search engine service may be given a notice (a link deletion notice ) requiring the provider to cease provi ding a link to certain material.
• The provider of an app distribution service may be given a notice (an app removal notice ) requiring the provider to cease enabling end - users to download an app that facilitates the posting of certain material on a social media service, relevant electronic service or designated internet service .
• B odies and associations that represent section s of the online indu stry may develop industry codes.
• The Commissioner may make an industry standard.
• The Commissioner may make service provider determinations regulating service providers in the online industry.
• A civil penalty provision in this Act is enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 .
• The following enforcement powers are available:
(a) infringement notices;
(b) enforceable undertakings;
(c) injunctions.
• The Commissioner is to be appointed by the Minister.
• The Commissioner may delegate the Commissioner's functions and powers.
• The Commissioner must prepare an annual report.
• The ACMA must assist the Commissioner.
• The Minister may give directions to the Commissioner.
• The Online Safety Special Account is continued in existence .
• The Commissioner may obtain the following information about an end - user of a social media service, relevant electronic service or designated internet service:
(a) information about the identity of the end - user;
(b) the contact details of the end - user.
• The Commissioner may exercise certain powers for the purposes of an investigation.
• The Commissioner may disclose information in certain circumstances.
• This Part deals with miscellaneous matters, such as review of
decisions and legislative rules.