Commonwealth Numbered Acts

ENHANCING ONLINE SAFETY FOR CHILDREN ACT 2015 (NO. 24, 2015) - SECT 23

Application

             (1)  The provider of a social media service may apply to the Commissioner for the declaration of the service as a tier 1 social media service.

             (2)  An application must:

                     (a)  be in writing; and

                     (b)  be in a form approved, in writing, by the Commissioner; and

                     (c)  be accompanied by such information as is specified in the legislative rules.

             (3)  An application may contain a statement that any request given to the provider of the service under section 29 should be given under subsection 29(2).

Declaration

             (4)  If:

                     (a)  an application has been made under subsection (1) for the declaration of a social media service as a tier 1 social media service; and

                     (b)  the Commissioner is satisfied that the service complies with the basic online safety requirements; and

                     (c)  the service is not a tier 2 social media service;

the Commissioner must, by writing, declare that the social media service is a tier 1 social media service for the purposes of this Act.

Note:          See also subsection 33(3).

Refusal

             (5)  If:

                     (a)  an application has been made under subsection (1) for the declaration of a social media service as a tier 1 social media service; and

                     (b)  the Commissioner is not required by subsection (4) to make the declaration;

the Commissioner must:

                     (c)  refuse to declare the social media service as a tier 1 social media service; and

                     (d)  give written notice of the refusal to the applicant.

Declaration is not a legislative instrument

             (6)  A declaration made under subsection (4) is not a legislative instrument.