Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 6

  (1)   For the purposes of this Act, if material satisfies the following conditions:

  (a)   the material is provided on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service;

  (b)   an ordinary reasonable person would conclude that:

  (i)   it is likely that the material was intended to have an effect on a particular Australian child; and

  (ii)   the material would be likely to have the effect on the Australian child of seriously threatening, seriously intimidating, seriously harassing or seriously humiliating the Australian child;

  (c)   such other conditions (if any) as are set out in the legislative rules;

then:

  (d)   the material is cyber - bullying material targeted at the Australian child ; and

  (e)   the Australian child is the target of the material.

  (2)   An effect mentioned in subsection   ( 1) may be:

  (a)   a direct result of the material being accessed by, or delivered to, the Australian child; or

  (b)   an indirect result of the material being accessed by, or delivered to, one or more other persons .

  (3)   Subsection   ( 1) has effect subject to subsection   ( 4).

  (4)   For the purposes of this Act, if:

  (a)   a person is:

  (i)   in a position of authority over an Australian child; and

  (ii)   an end - u ser of a social media service, relevant electronic service or designated internet service ; and

  (b)   in the lawful exercise of that authority, the person posts material on the service; and

  (c)   the posting of the material is reasonable action taken in a reasonable manner;

the material is taken not to be cyber - bullying material targeted at the Australian child.