Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 6

  (1)   For the purposes of this Act, if material satisfies the following conditions:

  (a)   the material is provided on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service;

  (b)   an ordinary reasonable person would conclude that:

  (i)   it is likely that the material was intended to have an effect on a particular Australian child; and

  (ii)   the material would be likely to have the effect on the Australian child of seriously threatening, seriously intimidating, seriously harassing or seriously humiliating the Australian child;

  (c)   such other conditions (if any) as are set out in the legislative rules;

then:

  (d)   the material is cyber - bullying material targeted at the Australian child ; and

  (e)   the Australian child is the target of the material.

  (2)   An effect mentioned in subsection   (1) may be:

  (a)   a direct result of the material being accessed by, or delivered to, the Australian child; or

  (b)   an indirect result of the material being accessed by, or delivered to, one or more other persons.

  (3)   Subsection   (1) has effect subject to subsection   (4).

  (4)   For the purposes of this Act, if:

  (a)   a person is:

  (i)   in a position of authority over an Australian child; and

  (ii)   an end - user of a social media service, relevant electronic service or designated internet service; and

  (b)   in the lawful exercise of that authority, the person posts material on the service; and

  (c)   the posting of the material is reasonable action taken in a reasonable manner;

the material is taken not to be cyber - bullying material targeted at the Australian child.