On 11 December 2024, the Online Safety Amendment (Social Media Minimum Age) Act 2024 commenced, following Royal Assent on 10 December 2024, amending the Online Safety Act 2021 to establish a minimum-age framework for age-restricted social media platforms and requiring providers to take reasonable steps to prevent Australian children under 16 years of age from holding accounts. The Act introduced a maximum grace period of 12 months from commencement before the minimum-age obligation would take effect. The Act introduced restrictions on the collection, use and retention of personal information obtained for age-assurance purposes, with misuse treated as an interference with privacy under the Privacy Act 1988, and enabled the online safety regulator to collect compliance information, issue non-compliance notifications, and coordinate Commonwealth activity relating to online safety. It also increased civil penalties to 30’000 penalty units and introduced a requirement to conduct an independent review of the minimum-age framework within two years of enforcement commencing.
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