Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 212

Disclosure to certain authorities

  (1)   The Commissioner may disclose information to any of the following authorities if the Commissioner is satisfied that the information will enable or assist the authority to perform or exercise any of the authority's functions or powers:

  (a)   the ACMA;

  (b)   the National Children's Commissioner;

  (c)   the Office of the Australian Information Commissioner;

  (d)   the Secretary of the Department administered by the Minister administering the Classification (Publications, Films and Computer Games) Act 1995 or an APS employee in that Department whose duties relate to that Act;

  (e)   the Australian Federal Police;

  (f)   the Director of Public Prosecutions;

  (g)   an authority of a State or Territory responsible for enforcing one or more laws of the State or Territory;

  (h)   an authority of a foreign country responsible for regulating either or both of the following matters:

  (i)   matters relating to the capacity of individuals t o use social media services, relevant electronic services and designated internet services in a safe manner;

  (i i )   matters relating to material that is accessible to, or delivered to, the end - users of social media services, relevant electronic services and designated internet services ;

  (i)   an authority of a foreign country responsible for enforcing one or more laws of the foreign country relating to either or both of the following matters:

  (i)   matters relating to the capacity of individuals to use social media services, relevant electronic services and designated internet services in a safe manner;

  (i i )   matters relating to material that is accessible to, or delivered to, the end - users of social media services, relevant electronic services and designated internet services .

  (2)   The Commissioner may, by writing, impose conditions to be complied with in relation to information disclosed under subsection   ( 1).

  (3)   An instrument made under subsection   ( 2) that imposes conditions relating to one particular disclosure identified in the instrument is not a legislative instrument.

  (4)   Otherwise, an instrument made under subsection   ( 2) is a legislative instrument.


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