Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 108

Restricted access system

  (1)   The Commissioner may, by legislative instrument, declare that a specified access - control system is a restricted access system in relation to material for the purposes of this Act.

Note:   For specification by class, see subsection   1 3(3) of the Legislation Act 2003 .

  (2)   An instrument under subsection   ( 1) may make different provision with respect to different kinds of material.

  (3)   Subsection   ( 2) does not limit sub section   3 3(3A) of the Acts Interpretation Act 1901 .

  (4)   In making an instrument under subsection   ( 1), the Commissioner must have regard to:

  (a)   the objective of protecting children from exposure to material that is unsuitable for children; and

  ( b )   the extent to which the instrument would be likely to result in a financial or administrative burden on providers of the following services :

  (i)   social media services;

  (ii)   relevant electronic services;

  (iii)   designated internet services; and

  ( c )   such other matters (if any) as the Commissioner considers relevant.

  (5)   The Commissioner must ensure that an instrument under subsection   ( 1) is in force at all times after the commencement of this section.


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