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Australia Online Safety Act

Amended Australia · In force Jan 23, 2022 · no upcoming deadlines

Deadlines

DateWhat happens
Jan 23, 20224 years agoOnline Safety Act commences

Summaries for reference, not legal advice. Check the official text.

What it does

Sets up the eSafety Commissioner and removal schemes for cyber-bullying of children, adult cyber-abuse, non-consensual intimate images and abhorrent violent material. It also sets Basic Online Safety Expectations with reporting duties, and binding industry codes and standards. The Unlawful Material codes and standards cover class 1A and 1B material such as child sexual exploitation and pro-terror content. The Age-Restricted Material codes cover class 1C and class 2 material such as online pornography, and require age assurance and other measures to protect children.

Who it applies to
Social media services, relevant electronic services (messaging, email, gaming), designated internet services (websites and apps), search engines, app stores, hosting services, internet carriage services and equipment providers that serve Australian end-users.
Penalties
Most civil penalty provisions carry up to 500 penalty units for individuals, with higher amounts for bodies corporate. The social media minimum age provisions carry far higher penalties (see au-social-media-min-age). eSafety can issue formal warnings, infringement notices and directions to comply with codes.
Enforced by
eSafety Commissioner
Official name
Online Safety Act 2021
Citation
Act No. 76, 2021
Topics
online-safety, children
Research notes

Assented 2021-07-23. The register says some Age-Restricted Material Code measures start later than the headline dates; those later dates are not listed here. In September 2026 eSafety updated its regulatory guidance after a Federal Court judgment ([2026] FCA 1123) on which Unlawful Material Standard or Code applies.

Related

Questions about Australia Online Safety Act
What are the Australia Online Safety Act compliance deadlines?
Jan 23, 2022: Online Safety Act commences.
When does Australia Online Safety Act take effect?
Australia Online Safety Act took effect on Jan 23, 2022.
Who does Australia Online Safety Act apply to?
Social media services, relevant electronic services (messaging, email, gaming), designated internet services (websites and apps), search engines, app stores, hosting services, internet carriage services and equipment providers that serve Australian end-users.
What are the penalties under Australia Online Safety Act?
Most civil penalty provisions carry up to 500 penalty units for individuals, with higher amounts for bodies corporate. The social media minimum age provisions carry far higher penalties (see au-social-media-min-age). eSafety can issue formal warnings, infringement notices and directions to comply with codes.

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