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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;

  (b)   provide powers of:

  (i)   arrest or detention; or

  (ii)   entry, search or seizure;

  (c)   impose a tax;

  (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.