Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 27

  (1)   The functions of the Commissioner are:

  (a)   such functions as are conferred on the Commissioner by:

  (i)   this Act; or

  (ii)   any other law of the Commonwealth; and

  (b)   to promote online safety for Australians; and

  (c)   to support and encourage the implementation of measures to improve online safety for Australians; and

  (d)   to coordinate activities of Commonwealth Departments, authorities and agencies relating to online safety for Australians; and

  (e)   to collect, analyse, interpret and disseminate information relating to online safety for Australians; and

  (f)   to support, encourage, conduct, accredit and evaluate educational, promotional and community awareness programs that are relevant to online safety for Australians; and

  (g)   to make, on behalf of the Commonwealth, grants of financial assistance in relation to online safety for Australians; and

  (h)   to support, encourage, conduct and evaluate research about online safety for Australians; and

  (i)   to publish (whether on the internet or otherwise) reports and papers relating to online safety for Australians; and

  (j)   to give the Minister reports about online safety for Australians; and

  (k)   to advise the Minister about online safety for Australians; and

  (l)   to consult and cooperate with other persons, organisations and governments on online safety for Australians; and

  (m)   to advise and assist persons in relation to their obligations under this Act; and

  (n)   to monitor compliance with this Act; and

  (o)   to promote compliance with this Act; and

  (p)   to formulate, in writing, guidelines or statements that:

  (i)   recommend best practices for persons and bodies involved in online safety for Australians; and

  (ii)   are directed towards facilitating the timely and appropriate resolution of incidents involving material provided on a social media service, relevant electronic service or designated internet service; and

  (q)   to promote guidelines and statements formulated under paragraph   (p); and

  (r)   such other functions (if any) as are specified in the legislative rules; and

  (s)   to do anything incidental to or conducive to the performance of any of the above functions.

Grants

  (2)   Financial assistance may be granted under paragraph   (1)(g) to:

  (a)   a State; or

  (b)   a Territory; or

  (c)   a person other than a State or Territory.

  (3)   The terms and conditions on which financial assistance is granted under paragraph   (1)(g) are to be set out in a written agreement between the Commonwealth and the grant recipient.

  (4)   An agreement under subsection   (3) is to be entered into by the Commissioner on behalf of the Commonwealth.

Guidelines and statements are not legislative instruments

  (5)   Guidelines and statements formulated under paragraph   (1)(p) are not legislative instruments.