Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 151

Service provider determinations

  (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.


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