Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, age - restricted social media platform means:
(a) an electronic service that satisfies the following conditions:
(i) the sole purpose, or a significant purpose, of the service is to enable online social interaction between 2 or more end - users;
(ii) the service allows end - users to link to, or interact with, some or all of the other end - users;
(iii) the service allows end - users to post material on the service;
(iv) such other conditions (if any) as are set out in the legislative rules; or
(b) an electronic service specified in the legislative rules;
but does not include a service mentioned in subsection (6).
Note 1: Online social interaction does not include (for example) online business interaction.
Note 2: An age - restricted social media platform may be, but is not necessarily, a social media service under section 13.
Note 3: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
(2) For the purposes of subparagraph (1)(a)(i), online social interaction includes online interaction that enables end - users to share material for social purposes.
Note: Social purposes does not include (for example) business purposes.
(3) In determining whether the condition set out in subparagraph (1)(a)(i) is satisfied, disregard any of the following purposes:
(a) the provision of advertising material on the service;
(b) the generation of revenue from the provision of advertising material on the service.
(4) The Minister may only make legislative rules specifying an electronic service for the purposes of paragraph (1)(b) if the Minister is satisfied that it is reasonably necessary to do so in order to minimise harm to age - restricted users.
(5) Before making legislative rules specifying an electronic service for the purposes of paragraph (1)(b):
(a) the Minister must seek advice from the Commissioner, and must have regard to that advice; and
(b) the Minister may seek advice from any other authorities or agencies of the Commonwealth that the Minister considers relevant, and may have regard to any such advice.
Services that are not age - restricted social media platforms
(6) An electronic service is not an age - restricted social media platform if:
(a) none of the material on the service is accessible to, or delivered to, one or more end - users in Australia; or
(b) the service is specified in the legislative rules.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
(7) Before making legislative rules specifying an electronic service for the purposes of paragraph (6)(b):
(a) the Minister must seek advice from the Commissioner, and must have regard to that advice; and
(b) the Minister may seek advice from any other authorities or agencies of the Commonwealth that the Minister considers relevant, and may have regard to any such advice.