

2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Online Safety (Transitional Provisions and Consequential Amendments) Bill 2021
No. , 2021
(Communications, Urban Infrastructure, Cities and the Arts)
A Bill for an Act to deal with transitional and consequential matters arising from the enactment of the Online Safety Act 2021 , and for other purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedules............................................................................................ 3
Schedule 1—Repeal of the Enhancing Online Safety Act 2015 4
Enhancing Online Safety Act 2015 4
Schedule 2—Amendments 5
Part 1—General amendments 5
A New Tax System (Goods and Services Tax) Act 1999 5
Broadcasting Services Act 1992 5
Crimes Act 1914 11
Criminal Code Act 1995 12
Enhancing Online Safety (Non-consensual Sharing of Intimate Images) Act 2018 15
Freedom of Information Act 1982 15
Interactive Gambling Act 2001 18
Telecommunications Act 1997 18
Telecommunications (Interception and Access) Act 1979 19
Tobacco Advertising Prohibition Act 1992 19
Part 2—Amendments contingent on the commencement of the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 20
Crimes Act 1914 20
Part 3—Amendments contingent on the non-commencement of the Export Market Development Grants Legislation Amendment Act 2020 21
Export Market Development Grants Act 1997 21
Part 4—Amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2021 22
Online Safety Act 2021 22
Schedule 3—Transitional and application provisions 23
Part 1—eSafety Commissioner 23
Part 2—Complaints and objections 24
Part 3—Provision of material etc. 27
Part 4—Notices 29
Part 5—Protection from proceedings 31
Part 6—Miscellaneous 34
A Bill for an Act to deal with transitional and consequential matters arising from the enactment of the Online Safety Act 2021 , and for other purposes
The Parliament of Australia enacts:
This Act is the Online Safety (Transitional Provisions and Consequential Amendments) Act 2021 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
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Column 1 |
Column 2 |
Column 3 |
Provisions |
Commencement |
Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table |
The day after this Act receives the Royal Assent. |
|
2. Schedule 1 |
At the same time as the Online Safety Act 2021 commences. However, the provisions do not commence at all if the Online Safety Act 2021 does not commence. |
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3. Schedule 2, Part 1 |
At the same time as the Online Safety Act 2021 commences. However, the provisions do not commence at all if the Online Safety Act 2021 does not commence. |
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4. Schedule 2, Part 2 |
The later of: (a) immediately after the commencement of the provisions covered by table item 2; and (b) the commencement of Schedule 3 to the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 . However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. |
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5. Schedule 2, Part 3 |
At the same time as the Online Safety Act 2021 commences. However, the provisions do not commence at all if: (a) the Online Safety Act 2021 does not commence; or (b) Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020 commences before the commencement of the Online Safety Act 2021 . |
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6 Schedule 2, Part 4 |
The later of: (a) immediately after the commencement of the Online Safety Act 2021 ; and (b) the commencement of the Federal Circuit and Family Court of Australia Act 2021 . |
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7. Schedule 3 |
At the same time as the Online Safety Act 2021 commences. However, the provisions do not commence at all if the Online Safety Act 2021 does not commence. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.