Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The Commissioner may recommend that the Minister make a declaration under subsection 30(1) in relation to a specified social media service.
Criteria for recommendation
(2) The Commissioner must not make a recommendation under subsection (1) in relation to a social media service if the service is a tier 1 social media service.
(3) The Commissioner must not make a recommendation under subsection (1) in relation to a social media service unless:
(a) the Commissioner is satisfied that the social media service is a large social media service; or
(b) the provider of the social media service has requested the Commissioner to make the recommendation.
(4) If a social media service has never been a tier 1 social media service, the Commissioner must not make a recommendation under subsection (1) in relation to the service unless:
(a) at least 28 days before making the recommendation, the Commissioner gave the provider of the service a written invitation to apply under subsection 23(1) for the declaration of the service as a tier 1 social media service; and
(b) the provider failed to make such an application.
(5) In deciding whether to make a recommendation under subsection (1) in relation to a social media service, the Commissioner must have regard to:
(a) whether the service complies with the basic online safety requirements; and
(b) whether the provider of the service has failed to make an application under subsection 23(1) for a declaration of the service as a tier 1 social media service; and
(c) whether a subsection 23(4) declaration relating to the service has been revoked under section 25; and
(d) such other matters (if any) as the Commissioner considers relevant.
(6) Before making a recommendation under subsection (1) in relation to a social media service, the Commissioner must consult the provider of the service.
(7) Subsections (4), (5) and (6) do not apply to a social media service if the provider of the service has requested the Commissioner to make the recommendation concerned.
Large social media service
(8) In determining whether a social media service is a large social media service, the Commissioner must have regard to:
(a) if the service has accounts for end-users:
(i) the number of accounts that are held by end-users who are ordinarily resident in Australia; and
(ii) the number of accounts that are held by end-users who are Australian children; and
(b) such other matters (if any) as the Commissioner considers relevant.
(9) For the purposes of paragraph (8)(a), the Commissioner may make such assumptions and estimates as the Commissioner considers reasonable.
(10) The Commissioner may publish on the Commissioner's website a statement that explains the Commissioner's approach to the administration of subsections (8) and (9).
(11) A statement under subsection (10) is not a legislative instrument.