Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 63DB

Use of certain identification material and services

  (1)   A provider of an age - restricted social media platform must not:

  (a)   collect government - issued identification material; or

  (b)   use an accredited service (within the meaning of the Digital ID Act 2024 );

for the purpose of complying with section   63D, or for purposes that include the purpose of complying with section   63D.

Civil penalty:   30,000 penalty units.

  (2)   Subsection   (1) does not apply if:

  (a)   the provider provides alternative means (not involving the material and services mentioned in paragraphs   (1)(a) and (b)) for an individual to assure the provider that the individual is not an age - restricted user ; and

  (b)   those means are reasonable in the circumstances.

Note:   In proceedings for a civil penalty order against a person for a contravention of subsection   (1), the person bears an evidential burden in relation to the matter in this subsection   (see section   96 of the Regulatory Powers (Standard Provisions) Act 2014 ).

  (3)   This section does not limit section   63DA.

  (4)   In this section:

"government-issued identification material" includes:

  (a)   identification documents issued by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory (including copies of such documents); and

  (b)   a digital ID (within the meaning of the Digital ID Act 2024 ) issued by the Commonwealth, a State or a Territory, or by an authority or agency of the Commonwealth, a State or a Territory.



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