Online Safety Act 2021

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

the material is provided on:

a social media service; or

a relevant electronic service; or

a designated internet service;

an ordinary reasonable person would conclude that:

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

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;

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

the material is cyber‑bullying material targeted at the Australian child; and

the Australian child is the target of the material.

An effect mentioned in subsection (1) may be:

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

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

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

For the purposes of this Act, if:

a person is:

in a position of authority over an Australian child; and

an end‑user of a social media service, relevant electronic service or designated internet service; and

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

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