Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
These Rules confer an additional function on the Children’s eSafety Commissioner to improve the online safety of Australians at risk of having intimate images of themselves shared without their consent and develop a seniors’ digital learning portal and outreach program to increase the digital literacy and online safety skills of older Australians.
Administered by: Communications and the Arts
Registered 30 May 2017
Tabling HistoryDate
Tabled HR31-May-2017
Tabled Senate13-Jun-2017
Date of repeal 08 Jul 2017
Repealed by Enhancing Online Safety (Legislative Rules) Instrument of Repeal 2017

Commonwealth Coat of Arms

Enhancing Online Safety (Intimate Images and Other Measures) Legislative Rules 2017

Enhancing Online Safety for Children Act 2015

I, Mitch Fifield, Minister for Communications, make these Legislative Rules under subsection 108(1) of the Enhancing Online Safety for Children Act 2015.

Dated 23 May 2017

 

MITCH FIFIELD

Minister for Communications


 

 

1                     Name of legislative rules

The name of these rules is the Enhancing Online Safety (Intimate Images and Other Measures) Legislative Rules 2017.

2                     Commencement

These Rules commence on the day after they are registered on the Federal Register of Legislation.

3                     Definitions

In these rules:

Act means the Enhancing Online Safety for Children Act 2015

Australian means an individual who is ordinarily resident in Australia

genital or anal region, in relation to a person, means the person's genital or anal region whether bare or covered by underwear

intimate image means  a moving or still image that depicts—

a)                   a person engaged in sexual activity; or

b)                   a person in a manner or context that is sexual; or

c)                   the genital or anal region of a person or, in the case of a female, the breasts

 

older Australian means an Australian who is 50 years of age or older

online safety means the capacity of a person to use social media services and electronic services in a safe manner

specified person means:

a)      an Australian at risk of having intimate images of them shared without their consent; and

b)      an older Australian

 

Note: The following expressions have the meaning given to them by the Act (see subsection 13(1) of the Legislation Act 2003):

·         electronic service; and

·         social media service.

 

4                     Conferral of additional functions

For the purposes of paragraph 15(1)(r) of the Act, the following additional functions are specified:

(1)   to promote online safety for specified persons;

(2)   to collect, analyse, interpret and disseminate information relating to online safety for specified persons;

(3)   to support, encourage, conduct, accredit and evaluate educational, promotional, training and community awareness programs that are relevant to online safety for specified persons;

(4)   to support, encourage, conduct and evaluate research about online safety for specified persons;

(5)   to publish (whether on the internet or otherwise) reports and papers relating to online safety for specified persons;

(6)   to give the Minister reports about online safety for specified persons;

(7)   to advise the Minister about online safety for specified persons; and

(8)   to consult and cooperate with other persons, organisations, and governments on online safety for specified persons.