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

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.