(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 :
(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.