Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commissioner may, by legislative instrument, determine any or all of the following rules:
(a) rules that apply to providers of social media services in relation to the provision of social media services;
(b) rules that apply to providers of relevant electronic services in relation to the provision of relevant electronic services;
(c) rules that apply to providers of designated internet services in relation to the provision of designated internet services;
(d) rules that apply to hosting service providers in relation to the provision of hosting services;
(e ) rules that apply to internet service providers in relation to the supply of internet carriage services.
(2) A determination under subsection ( 1) is called a service provider determination .
(3) A service provider determination has effect only to the extent that:
(a) it is authorised by paragraph 51(v) of the Constitution (either alone or when read together with paragraph 51(xxxix) of the Constitution); or
(b) both:
(i) it is authorised by section 1 22 of the Constitution; and
(ii) it would have been authorised by paragraph 51(v) of the Constitution (either alone or when read together with paragraph 51(xxxix) of the Constitution) if section 5 1 of the Constitution extended to the Territories.
(4) The Commissioner must not make a service provider determination unless the determination relates to a matter specified in the legislative rules.
(5) A service provider determination may make provision for or in relation to a particular matter by empowering the Commissioner to make decisions of an administrative character.