Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 138

Examples of matters that may be dealt with by industry codes and industry standards

  (1)   This section sets out examples of matters that may be dealt with by industry codes and industry standards.

  (2)   The applicability of a particular example will depend on which section of the online industry is involved.

  (3)   The examples are as follows:

  (a)   procedures for dealing with class 1 material, or class 2 material, provided on a social media service;

  (b)   procedures for dealing with class 1 material, or class 2 material, provided on a relevant electronic service;

  (c)   procedures for dealing with class 1 material, or class 2 material, provided on a designated internet service;

  (d)   procedures directed towards the achievement of the objective of ensuring that, in the event that a participant in the providers of internet carriage services section of the online industry becomes aware that a hosting service provider is hosting class 1 material, or class 2 material, in Australia, the host ing service provider is told about the material;

  (e)   procedures to be followed in order to inform producers of online content about their legal responsibilities in relation to that content;

  (f)   procedures directed towards the achievement of the objective of ensuring that online accounts are not provided to children without the consent of a parent or responsible adult;

  (g)   procedures directed towards the achievement of the objective of ensuring that customers have the option of subscribing to a filtered internet carriage service;

  (h)   giving end - users information about the availability, use and appropriate application of online content filtering software;

  (i)   providing end - users with access to technological solutions to help them limit access to class 1 material and class 2 material;

  (j)   providing end - users with advice on how to limit access to class 1 material and class 2 material;

  (k)   action to be taken to assist in the development and implementation of online content filtering technologies (including labelling technologies);

  (l)   promoting awareness of the safety issues associated with social media services;

  (m)   promoting awareness of the safety issues associated with relevant electronic services;

  (n)   promoting awareness of the safety issues associated with designated internet services;

  (o)   procedures to be followed in order to deal with safety issues associated with social media services;

  (p)   procedures to be followed in order to deal with safety issues associated with relevant electronic services;

  (q)   procedures to be followed in order to deal with safety issues associated with designated internet services;

  (r)   giving parents and responsible adults information about how to supervise and control children's access to material provided on social media services;

  (s)   giving parents and responsible adults information about how to supervise and control children's access to material provided on relevant electronic services;

  (t)   giving parents and responsible adults information about how to supervise and control children's access to material provided on designated internet services;

  (u)   telling persons about their rights to make complaints;

  (v)   procedures to be followed in order to deal with complaints about class 1 material, or class 2 material, provided on social media services;

  (w)   procedures to be followed in order to deal with complaints about class 1 material, or class 2 material, provided on relevant electronic services;

  (x)   procedures to be followed in order to deal with complaints about class 1 material, or class 2 material, provided on designated internet services;

  (y)   procedures to be followed in order to deal with reports about class 1 material, or class 2 material, provided on social media services, where the reports are made by or on behalf of end - users of those services;

  (z)   procedures to be followed in order to deal with reports about class 1 material, or class 2 material, provided on relevant electronic services, where the reports are made by or on behalf of end - users of those services;

  (za)   procedures to be followed in order to deal with reports about class 1 material, or class 2 material, provided on designated internet services, where the reports are made by or on behalf of end - users of those services;

  (zb)   procedures to be followed in order to deal with complaints about unsolicited electronic messages that promote or advertise one or more:

  (i)   websites; or

  (ii)   distinct parts of websites; or

  (iii)   apps;

    that enable, or purport to enable, end - users to access class 1 material or class 2 material;

  (zc)   if:

  (i)   class 2 material is provided on a social media service; and

  (ii)   the service is provided from a foreign country; and

  (iii)   the provider of the service has reasonable grounds to believe that the material is hosted in Australia;

    procedures to be followed to ensure the Commissioner is notified of the material;

  (zd)   if:

  (i)   class 2 material is provided on a relevant electronic service; and

  (ii)   the service is provided from a foreign country; and

  (iii)   the provider of the service has reasonable grounds to believe that the material is hosted in Australia;

    procedures to be followed to ensure the Commissioner is notified of the material;

  (ze)   if:

  (i)   class 2 material is provided on a designated internet service; and

  (ii)   the service is provided from a foreign country; and

  (iii)   the provider of the service has reasonable grounds to believe that the material is hosted in Australia;

    procedures to be followed to ensure the Commissioner is notified of the material;

  (zf)   the referral to the Commissioner of complaints about matters, where the complainant is dissatisfied with the way in which the complaint was dealt with under the code or standard;

  (zg)   ensuring that end - users are provided with information, and support services, relating to online safety for Australians;

  (zh)   the making and retention of material directed towards the achievement of the objective of ensuring that, in the event that new social media services are developed that could put at risk the safety of children who are end - users of the services, the Commissioner is informed about those services;

  (zi)   the making and retention of material directed towards the achievement of the objective of ensuring that, in the event that new relevant electronic services are developed that could put at risk the safety of children who are end - users of the services, the Commissioner is informed about those services;

  (zj)   the making and retention of material directed towards the achievement of the objective of ensuring that, in the event that new designated internet services are developed that could put at risk the safety of children who are end - users of the services, the Commissioner is informed about those services.


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