Commonwealth Numbered Acts

ENHANCING ONLINE SAFETY FOR CHILDREN ACT 2015 (NO. 24, 2015) - SECT 5

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

                     (a)  the material is provided on a social media service or relevant electronic service;

                     (b)  an ordinary reasonable person would conclude that:

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

                             (ii)  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;

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

then:

                     (d)  the material is cyber-bullying material targeted at the Australian child; and

                     (e)  the Australian child is the target of the material.

             (2)  An effect mentioned in subsection (1) may be:

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

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

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

             (4)  For the purposes of this Act, if:

                     (a)  a person is:

                              (i)  in a position of authority over an Australian child; and

                             (ii)  an end-user of a social media service or relevant electronic service; and

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

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

the material is taken not to be cyber-bullying material targeted at the Australian child.