Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commissioner may, by legislative instrument, determine any or all of the following rules:
(a) rules that apply to providers of social media services in relation to the provision of social media services;
(b) rules that apply to providers of relevant electronic services in relation to the provision of relevant electronic services;
(c) rules that apply to providers of designated internet services in relation to the provision of designated internet services;
(d) rules that apply to hosting service providers in relation to the provision of hosting services;
(e) rules that apply to internet service providers in relation to the supply of internet carriage services.
(2) A determination under subsection (1) is called a service provider determination .
(3) A service provider determination has effect only to the extent that:
(a) it is authorised by paragraph 51(v) of the Constitution (either alone or when read together with paragraph 51(xxxix) of the Constitution); or
(b) both:
(i) it is authorised by section 122 of the Constitution; and
(ii) it would have been authorised by paragraph 51(v) of the Constitution (either alone or when read together with paragraph 51(xxxix) of the Constitution) if section 51 of the Constitution extended to the Territories.
(4) The Commissioner must not make a service provider determination unless the determination relates to a matter specified in the legislative rules.
(5) A service provider determination may make provision for or in relation to a particular matter by empowering the Commissioner to make decisions of an administrative character.