Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 27

  (1)   The functions of the Commissioner are:

  (a)   such functions as are conferred on the Commissioner by:

  (i)   this Act; or

  (i i)   any other law of the Commonwealth; and

  (b)   to promote online safety for Australians; and

  (c)   to support and encourage the implementation of measures to improve online safety for Australians; and

  (d)   to coordinate activities of Commonwealth Departments, authorities and agencies relating to online safety for Australians ; and

  (e)   to collect, analyse, interpret and disseminate information relating to online safety for Australians; and

  (f)   to support, encourage, conduct, accredit and evaluate educational, promotional and community awareness programs that are relevant to online safety for Australians; and

  (g)   to make, on behalf of the Commonwealth, grants of financial assistance in relation to online safety for Australians; and

  (h)   to support, encourage, conduct and evaluate research about online safety for Australians; and

  (i)   to publish (whether on the internet or otherwise) reports and papers relating to online safety for Australians; and

  (j)   to give the Minister reports about online safety for Australians; and

  (k)   to advise the Minister about online safety for Australians; and

  (l)   to consult and cooperate with other persons, organisations and governments on online safety for Australians; and

  (m)   to advise and assist persons in relation to their obligations under this Act; and

  (n)   to monitor compliance with this Act; and

  (o)   to promote compliance with this Act; and

  (p)   to formulate, in writing, guidelines or statements that:

  (i)   recommend best practices for persons and bodies involved in online safety for Australians; and

  (ii)   are directed towards facilitating the timely and appropriate resolution of incidents involving material provided on a social media service, relevant electronic service or designated internet service ; and

  (q)   to promote guidelines and statements formulated under paragraph   ( p); and

  (r)   such other functions (if any) as are specified in the legislative rules; and

  (s)   to do anything incidental to or conducive to the performance of any of the above functions.

Grants

  (2)   Financial assistance may be granted under paragraph   ( 1)(g) to:

  (a)   a State; or

  (b)   a Territory; or

  (c)   a person other than a State or Territory.

  (3)   The terms and conditions on which financial assistance is granted under paragraph   ( 1)(g) are to be set out in a written agreement between the Commonwealth and the grant recipient.

  (4)   An agreement under subsection   ( 3) is to be entered into by the Commissioner on behalf of the Commonwealth.

Guidelines and statements are not legislative instruments

  (5)   Guidelines and statements formulated under paragraph   ( 1)(p) are not legislative instruments.