Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 76, 2021
Compilation No. 2
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Online Safety Act 2021 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
6 Cyber-bullying material targeted at an Australian child
7 Cyber-abuse material targeted at an Australian adult
8 Determining whether material is offensive
9 Material that depicts abhorrent violent conduct
10 When material is provided on a social media service, relevant electronic service or designated internet service
11 When material is posted by an end-user of a social media service, relevant electronic service or designated internet service
12 When material is removed from a social media service, relevant electronic service or designated internet service
13A Relevant electronic service
14 Designated internet service
15 Intimate image
16 Non-consensual intimate image of a person
17 Hosting service
18 On-demand program service
19 Internet service providers
20 Supply of internet carriage service to the public
21 Consent
22 Crown to be bound
23 Application of this Act
24 Convention on the Rights of the Child
Part 2--eSafety Commissioner
25 Simplified outline of this Part
26 eSafety Commissioner
27 Functions of the Commissioner
28 Powers of the Commissioner
Part 3--Complaints, objections and investigations
Division 1--Introduction
29 Simplified outline of this Part
Division 2--Complaints about cyber-bullying material targeted at an Australian child
30 Complaints about cyber-bullying material
31 Investigation of complaints
Division 3--Complaints about, and objections to, intimate images
32 Complaints
33 Objection notice
34 Investigation of complaints
35 Commissioner's response to objection notices
Division 4--Complaints about cyber-abuse material targeted at an Australian adult
36 Complaints about cyber-abuse material
37 Investigation of complaints
Division 5--Complaints relating to the online content scheme
38 Complaints about class 1 material or class 2 material
39 Complaints relating to breach of a service provider rule etc.
40 Complaints relating to breach of an industry code etc.
41 Residency etc. of complainant
42 Commissioner may investigate matters
43 Commissioner may refuse to investigate certain matters
Part 4--Basic online safety expectations
Division 1--Introduction
44 Simplified outline of this Part
Division 2--Basic online safety expectations
45 Basic online safety expectations
46 Core expectations
47 Consultation
48 Service provider notifications
Division 3--Reporting
Subdivision A--Periodic reporting about compliance with basic online safety expectations
49 Periodic reporting notice
50 Compliance with notice
51 Formal warning
52 Periodic reporting determination
53 Compliance with determination
54 Formal warning
55 Service provider notifications
Subdivision B--Non-periodic reporting about compliance with basic online safety expectations
56 Non-periodic reporting notice
57 Compliance with notice
58 Formal warning
59 Non-periodic reporting determination
60 Compliance with determination
61 Formal warning
62 Service provider notifications
Subdivision C--Self-incrimination
63 Self-incrimination
Part 5--Cyber-bullying material targeted at an Australian child
64 Simplified outline of this Part
65 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
66 Removal notice given to a hosting service provider
67 Compliance with removal notice
68 Formal warning
70 End-user notice
71 Compliance with end-user notice
72 Formal warning
73 Service provider notifications
Part 6--Non-consensual sharing of intimate images
Division 1--Introduction
74 Simplified outline of this Part
Division 2--Intimate images must not be posted without consent etc.
75 Posting an intimate image
76 Formal warning
Division 3--Removal notices
77 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
78 Removal notice given to an end-user
79 Removal notice given to a hosting service provider
80 Compliance with removal notice
81 Formal warning
Division 4--Miscellaneous
83 Remedial direction
84 Formal warning
85 Service provider notifications
86 Exempt provision of an intimate image
Part 7--Cyber-abuse material targeted at an Australian adult
87 Simplified outline of this Part
88 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
89 Removal notice given to an end-user
90 Removal notice given to a hosting service provider
91 Compliance with removal notice
92 Formal warning
93 Service provider notifications
Part 8--Material that depicts abhorrent violent conduct
Division 1--Introduction
94 Simplified outline of this Part
Division 2--Blocking requests
95 Blocking request
96 Duration of blocking request
97 Revocation of blocking request
98 Notification in relation to domain names and URLs
Division 3--Blocking notices
99 Blocking notice
100 Duration of blocking notice
101 Revocation of blocking notice
102 Notification in relation to domain names and URLs
103 Compliance with blocking notice
Division 4--Exempt material
104 Exempt material
Part 9--Online content scheme
Division 1--Introduction
105 Simplified outline of this Part
106 Class 1 material
107 Class 2 material
Division 2--Removal notices relating to class 1 material
109 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
110 Removal notice given to a hosting service provider
111 Compliance with removal notice
112 Formal warning
113 Revocation of removal notice
113A Service provider notifications
Division 3--Removal notices relating to class 2 material
114 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
115 Removal notice given to a hosting service provider
116 Compliance with removal notice
117 Formal warning
118 Revocation of removal notice
118A Service provider notifications
Division 4--Remedial notices relating to class 2 material
119 Remedial notice given to the provider of a social media service, relevant electronic service or designated internet service
120 Remedial notice given to a hosting service provider
121 Compliance with remedial notice
122 Formal warning
123 Revocation of remedial notice
123A Service provider notifications
Division 5--Link deletion notices
124 Link deletion notice
125 Compliance with link deletion notice
126 Formal warning
127 Revocation of link deletion notice
Division 6--App removal notices
128 App removal notice
129 Compliance with app removal notice
130 Formal warning
131 Revocation of app removal notice
Division 7--Industry codes and industry standards
Subdivision A--Interpretation
132 Industry codes
133 Industry standards
134 Online activity
135 Sections of the online industry
136 Participants in a section of the online industry
Subdivision B--General principles relating to industry codes and industry standards
137 Statement of regulatory policy
138 Examples of matters that may be dealt with by industry codes and industry standards
139 Escalation of complaints
Subdivision C--Industry codes
140 Registration of industry codes
141 Commissioner may request codes
141A Publication of notice where no body or association represents a section of the online industry
142 Replacement of industry codes
143 Compliance with industry codes
144 Formal warnings--breach of industry codes
Subdivision D--Industry standards
145 Commissioner may determine an industry standard
146 Compliance with industry standards
147 Formal warnings--breach of industry standards
148 Public consultation on industry standards
Subdivision E--Register of industry codes and industry standards
149 Commissioner to maintain Register of industry codes and industry standards
Subdivision F--Miscellaneous
150 Industry standards prevail over inconsistent industry codes
Division 8--Service provider determinations
151 Service provider determinations
152 Exemptions from service provider determinations
153 Compliance with service provider rules
154 Remedial directions--breach of service provider rules
155 Formal warnings--breach of service provider rules
Division 9--Federal Court orders
156 Federal Court may order a person to cease providing a social media service
157 Federal Court may order a person to cease providing a relevant electronic service
158 Federal Court may order a person to cease providing a designated internet service
159 Federal Court may order a person to cease supplying an internet carriage service
Division 10--Commissioner may obtain advice from the Classification Board
160 Commissioner may obtain advice from the Classification Board
Part 10--Enforcement
161 Simplified outline of this Part
162 Civil penalty provision
163 Infringement notices
164 Enforceable undertakings
165 Injunctions
Part 11--Administrative provisions relating to the Commissioner
Division 1--Introduction
166 Simplified outline of this Part
Division 2--Appointment of the Commissioner
167 Appointment of the Commissioner
168 Period of appointment for the Commissioner
169 Acting appointments
170 Application of finance law
Division 3--Terms and conditions for the Commissioner
171 Remuneration and allowances
172 Leave of absence
173 Outside employment
174 Disclosure of interests to the Minister
175 Resignation
176 Termination of appointment
177 Other terms and conditions
Division 4--Other matters
178 Supplementary powers
179 Commissioner's liabilities are Commonwealth liabilities
180 Commissioner has privileges and immunities of the Crown
181 Delegation by the Commissioner to a member of the staff of the ACMA etc.
182 Delegation by the Commissioner to a contractor engaged by the Commissioner
183 Annual report
183A Advisory committees
184 Assistance to the Commissioner
185 Contractors engaged by the Commissioner
186 Commissioner not subject to direction by the ACMA etc.
187 Consultants
188 Minister may give directions to the Commissioner
Part 12--Online Safety Special Account
189 Simplified outline of this Part
190 Online Safety Special Account
191 Credits to the Account
192 Purposes of the Account
Part 13--Information-gathering powers
193 Simplified outline of this Part
194 Commissioner may obtain end-user identity information or contact details
195 Compliance with notice
196 Self-incrimination
Part 14--Investigative powers
197 Simplified outline of this Part
198 Application of this Part
199 Notice requiring appearance for examination
200 Examination on oath or affirmation
201 Examination to take place in private
202 Record to be made of examination
203 Production of documents for inspection
204 Protection of persons giving evidence
205 Non-compliance with requirement to give evidence
Part 15--Disclosure of information
206 Simplified outline of this Part
207 Scope
208 Disclosure to Minister
209 Disclosure to Secretary, or APS employees, for advising the Minister
210 Disclosure to a member of the staff of the ACMA etc.
211 Disclosure to Royal Commissions
212 Disclosure to certain authorities
213 Disclosure to teachers or school principals
214 Disclosure to parents or guardians
215 Disclosure with consent
216 Disclosure of publicly available information
217 Disclosure of summaries and statistics
218 Relationship with Parts 13 and 15 of the Telecommunications Act 1997
Part 16--Miscellaneous
219 Simplified outline of this Part
220 Review of decisions by the Administrative Review Tribunal
220A Internal review of decisions
221 Protection from civil proceedings
222 Liability for damages
223 Protection from criminal proceedings--Commissioner, Classification Board etc.
224 Referral of matters to law enforcement agencies
225 Deferral of action in order to avoid prejudicing a criminal investigation
226 Copies of material
227 Compensation for acquisition of property
228 Service of notices by electronic means
229 Service of notices on contact person etc.
230 Instruments under this Act may provide for matters by reference to other instruments
231 This Act does not limit Schedule 8 to the Broadcasting Services Act 1992
232 This Act does not limit the Telecommunications Act 1997
233 Implied freedom of political communication
234 Concurrent operation of State and Territory laws
235 Liability of Australian hosting service providers and internet service providers under State and Territory laws etc.
236 This Act not to affect performance of State or Territory functions
237 Revocation or variation of instruments
238 Provider of social media service, relevant electronic service, designated internet service or app distribution service
239 Extended meaning of use
239A Review of operation of this Act
240 Legislative rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
76, 2021 | 23 July 2021 | 23 Jan 2022 (s 2(1) item 1) |
| |
Online Safety (Transitional Provisions and Consequential Amendments) Act 2021 | 77, 2021 | 23 July 2021 | Sch 2 (items 110-112): 23 Jan 2022 (s 2(1) item 6) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 12 (items 59, 60): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 3 |
|
Division 5 |
|
s 43.................... | ed C1 |
Part 10 |
|
s 162................... | am No 77, 2021 |
s 164................... | am No 77, 2021 |
s 165................... | am No 77, 2021 |
Part 16 |
|
s 220................... | am No 39, 2024 |