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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Enhancing Online Safety for Children
Amendment Bill 2017
No. , 2017
(Communications)
A Bill for an Act to amend the Enhancing Online
Safety for Children Act 2015, and for related
purposes
No. , 2017
Enhancing Online Safety for Children Amendment Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Enhancing Online Safety for Children Act 2015
3
Part 2--Consequential amendments
8
Australian Communications and Media Authority Act 2005
8
Broadcasting Services Act 1992
8
Criminal Code Act 1995
8
Freedom of Information Act 1982
9
Telecommunications Act 1997
9
Part 3--Saving and transitional provisions
11
No. , 2017
Enhancing Online Safety for Children Amendment Bill 2017
1
A Bill for an Act to amend the Enhancing Online
1
Safety for Children Act 2015, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Enhancing Online Safety for Children Amendment
6
Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Enhancing Online Safety for Children Amendment Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Enhancing Online Safety for Children Amendment Bill 2017
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Enhancing Online Safety for Children Act 2015
3
1 Title
4
Omit "children", substitute "Australians".
5
2 Section 1
6
Omit "Enhancing Online Safety for Children Act 2015", substitute
7
"Enhancing Online Safety Act 2015".
8
Note:
This item amends the short title of the Act. If another amendment of the Act is
9
described by reference to the Act's previous short title, that other amendment has effect
10
after the commencement of this item as an amendment of the Act under its amended
11
short title (see section 10 of the Acts Interpretation Act 1901).
12
3 Section 3
13
Omit "a Children's e-Safety Commissioner", substitute "an eSafety
14
Commissioner".
15
4 Section 3
16
Omit:
17
•
A key function of the Commissioner is to administer a
18
complaints system for cyber-bullying material targeted at an
19
Australian child.
20
substitute:
21
•
The functions of the Commissioner include:
22
(a)
promoting online safety for Australians; and
23
(b)
administering a complaints system for cyber-bullying
24
material targeted at an Australian child; and
25
(c)
coordinating activities of Commonwealth Departments,
26
authorities and agencies relating to online safety for
27
children; and
28
Schedule 1 Amendments
Part 1 Main amendments
4
Enhancing Online Safety for Children Amendment Bill 2017
No. , 2017
(d)
administering the online content scheme under the
1
Broadcasting Services Act 1992.
2
5 Section 3
3
After "The complaints system", insert "for cyber-bullying material
4
targeted at an Australian child".
5
6 Section 3
6
Omit:
7
•
The functions of the Commissioner also include:
8
(a)
promoting online safety for children; and
9
(b)
coordinating activities of Commonwealth Departments,
10
authorities and agencies relating to online safety for
11
children; and
12
(c)
administering the online content scheme that was
13
previously administered by the ACMA.
14
7 Section 4
15
Insert:
16
Australians means individuals who are ordinarily resident in
17
Australia.
18
8 Section 4 (definition of
Children's Online Safety Special
19
Account)
20
Repeal the definition.
21
9 Section 4 (definition of Commissioner)
22
Omit "Children's e-Safety Commissioner", substitute "eSafety
23
Commissioner".
24
10 Section 4
25
Insert:
26
online safety for Australians means the capacity of Australians to
27
use social media services and electronic services in a safe manner.
28
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Enhancing Online Safety for Children Amendment Bill 2017
5
11 Section 4
1
Insert:
2
Online Safety Special Account means the Online Safety Special
3
Account referred to in section 72.
4
12 Subsection 12(1)
5
Repeal the subsection, substitute:
6
(1) The Commissioner must, as appropriate, have regard to the
7
Convention on the Rights of the Child in the performance of
8
functions:
9
(a) conferred by or under this Act; and
10
(b) in relation to Australian children.
11
13 Part 2 (heading)
12
Repeal the heading, substitute:
13
Part 2--eSafety Commissioner
14
14 Section 13
15
Repeal the section, substitute:
16
13 Simplified outline of this Part
17
•
There is to be an eSafety Commissioner.
18
•
The functions of the Commissioner include:
19
(a)
promoting online safety for Australians; and
20
(b)
administering a complaints system for cyber-bullying
21
material targeted at an Australian child; and
22
(c)
coordinating activities of Commonwealth Departments,
23
authorities and agencies relating to online safety for
24
children; and
25
(d)
administering the online content scheme under the
26
Broadcasting Services Act 1992.
27
Note:
For administrative provisions relating to the Commissioner, see Part 7.
28
Schedule 1 Amendments
Part 1 Main amendments
6
Enhancing Online Safety for Children Amendment Bill 2017
No. , 2017
15 Section 14 (heading)
1
Repeal the heading, substitute:
2
14 eSafety Commissioner
3
16 Section 14
4
Omit "a Children's e-Safety Commissioner", substitute "an eSafety
5
Commissioner".
6
Note:
This item alters the name of an office. Section 25B of the Acts Interpretation Act 1901
7
provides that the office continues in existence under the new name so that its identity is
8
not affected.
9
17 Section 14 (note)
10
Omit "Children's e-Safety Commissioner", substitute "eSafety
11
Commissioner".
12
18 Paragraphs 15(1)(b), (c) and (e) to (l)
13
Omit "online safety for children", substitute "online safety for
14
Australians".
15
19 Subparagraph 15(1)(p)(i)
16
Omit "online safety for children", substitute "online safety for
17
Australians".
18
20 Part 8 (heading)
19
Repeal the heading, substitute:
20
Part 8--Online Safety Special Account
21
21 Section 71
22
Omit "is established", substitute "is continued in existence with the new
23
name Online Safety Special Account".
24
22 Section 72 (heading)
25
Repeal the heading, substitute:
26
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Enhancing Online Safety for Children Amendment Bill 2017
7
72 Online Safety Special Account
1
23 Subsection 72(1)
2
Omit "is established by this section", substitute "is continued in
3
existence with the new name Online Safety Special Account".
4
24 Paragraph 73(1)(b)
5
Omit "Children's Online Safety Special Account", substitute "Online
6
Safety Special Account".
7
25 Section 74
8
Omit "Children's Online Safety Special Account", substitute "Online
9
Safety Special Account".
10
26 Paragraph 74(a)
11
Omit "online safety for children", substitute "online safety for
12
Australians".
13
27 Paragraph 80(1)(g)
14
Omit "children", substitute "individuals".
15
Schedule 1 Amendments
Part 2 Consequential amendments
8
Enhancing Online Safety for Children Amendment Bill 2017
No. , 2017
Part 2--Consequential amendments
1
Australian Communications and Media Authority Act 2005
2
28 Subparagraphs 57(aa)(i) and (ii)
3
Omit "Children's e-Safety Commissioner's" (wherever occurring),
4
substitute "eSafety Commissioner's".
5
29 Paragraph 59D(1)(la)
6
Omit "Children's e-Safety Commissioner", substitute "eSafety
7
Commissioner".
8
Broadcasting Services Act 1992
9
30 Subsection 6(1) (definition of Commissioner)
10
Omit "Children's e-Safety Commissioner", substitute "eSafety
11
Commissioner".
12
31 Paragraph 169A(a)
13
Omit "Enhancing Online Safety for Children Act 2015", substitute
14
"Enhancing Online Safety Act 2015".
15
32 Paragraph 112(1)(d) of Schedule 7
16
Omit "Enhancing Online Safety for Children Act 2015", substitute
17
"Enhancing Online Safety Act 2015".
18
Criminal Code Act 1995
19
33 Paragraph 273.9(5)(a) of the Criminal Code
20
Omit "Children's e-Safety Commissioner", substitute "eSafety
21
Commissioner".
22
34 Paragraph 474.21(4)(a) of the Criminal Code
23
Omit "Children's e-Safety Commissioner", substitute "eSafety
24
Commissioner".
25
Amendments Schedule 1
Consequential amendments Part 2
No. , 2017
Enhancing Online Safety for Children Amendment Bill 2017
9
35 Paragraph 474.24(4)(a) of the Criminal Code
1
Omit "Children's e-Safety Commissioner", substitute "eSafety
2
Commissioner".
3
Freedom of Information Act 1982
4
36 Division 1 of Part II of Schedule 2
5
Omit:
6
Children's e-Safety Commissioner, in relation to:
(a) exempt content-service documents concerning the performance of a
function, or the exercise of a power, under Schedule 7 to the
Broadcasting Services Act 1992; and
(b) exempt internet-content documents concerning the performance of a
function, or the exercise of a power, under Schedule 5 to that Act.
37 Division 1 of Part II of Schedule 2
7
Insert:
8
eSafety Commissioner, in relation to:
(a) exempt content-service documents concerning the performance of a
function, or the exercise of a power, under Schedule 7 to the
Broadcasting Services Act 1992; and
(b) exempt internet-content documents concerning the performance of a
function, or the exercise of a power, under Schedule 5 to that Act.
Telecommunications Act 1997
9
38 Section 284 (heading)
10
Repeal the heading, substitute:
11
284 Assisting the ACMA, the eSafety Commissioner, the ACCC or
12
the Telecommunications Industry Ombudsman
13
39 Subparagraph 284(1A)(a)(i)
14
Omit "Children's e-Safety Commissioner", substitute "eSafety
15
Commissioner".
16
Schedule 1 Amendments
Part 2 Consequential amendments
10
Enhancing Online Safety for Children Amendment Bill 2017
No. , 2017
40 Subparagraph 284(1A)(a)(ii)
1
Omit "Children's e-Safety Commissioner's", substitute "eSafety
2
Commissioner's".
3
41 Paragraph 284(1A)(b)
4
Omit "Children's e-Safety Commissioner", substitute "eSafety
5
Commissioner".
6
42 Section 299 (heading)
7
Repeal the heading, substitute:
8
299 Assisting the ACMA, the eSafety Commissioner, the ACCC or
9
the Telecommunications Industry Ombudsman
10
43 Subsection 299(1A)
11
Omit "Children's e-Safety Commissioner's", substitute "eSafety
12
Commissioner's".
13
44 Section 299 (note)
14
After "the ACMA,", insert "the eSafety Commissioner,".
15
45 Section 579
16
Omit "Children's e-Safety Commissioner", substitute "eSafety
17
Commissioner".
18
46 Subsection 581(2A)
19
Omit "Children's e-Safety Commissioner", substitute "eSafety
20
Commissioner".
21
47 Paragraphs 581(2B)(a), (b) and (c)
22
Omit "Children's e-Safety Commissioner" (wherever occurring),
23
substitute "eSafety Commissioner".
24
Amendments Schedule 1
Saving and transitional provisions Part 3
No. , 2017
Enhancing Online Safety for Children Amendment Bill 2017
11
Part 3--Saving and transitional provisions
1
48 Transitional provision
--Children's e-Safety Commissioner
2
(1)
A thing done by, or in relation to, the Children's e-Safety
3
Commissioner under an Act before the commencement of this item has
4
effect on and after that commencement as if it had been done by, or in
5
relation to, the eSafety Commissioner.
6
(2)
This item does not limit the operation of subsection 25B(1) of the Acts
7
Interpretation Act 1901.
8
49 Saving provision
--protection from criminal proceedings
9
Clause 112 of Schedule 7 to the Broadcasting Services Act 1992, as in
10
force immediately before the commencement of this item, continues to
11
apply on and after that commencement in relation to a person who was
12
the Children's e-Safety Commissioner at any time before that
13
commencement.
14
50 Saving provision
--agencies exempt in respect of
15
particular documents
16
Despite the amendments of Division 1 of Part II of Schedule 2 to the
17
Freedom of Information Act 1982 made by this Schedule, the item in
18
that Division relating to the Children's e-Safety Commissioner, being
19
that item as in force immediately before the commencement of this
20
item, continues in force on and after that commencement in relation to
21
documents of that Commissioner.
22
51 Transitional rules
23
(1)
The Minister may, by legislative instrument, make rules prescribing
24
matters of a transitional nature (including prescribing any saving or
25
application provisions) relating to the amendments made by this Act.
26
(2)
However, to avoid doubt, the rules may not do the following:
27
(a) create an offence or civil penalty;
28
(b) provide powers of:
29
(i) arrest or detention; or
30
(ii) entry, search or seizure;
31
(c) impose a tax;
32
Schedule 1 Amendments
Part 3 Saving and transitional provisions
12
Enhancing Online Safety for Children Amendment Bill 2017
No. , 2017
(d) set an amount to be appropriated from the Consolidated
1
Revenue Fund under an appropriation in this Act;
2
(e) directly amend the text of this Act.
3
(3)
This Act (other than subitem (2)) does not limit the rules that may be
4
made for the purposes of subitem (1).
5