Online Safety (Transitional Provisions and Consequential Amendments) Act 2021 (77 of 2021)

Schedule 3   Transitional and application provisions

Part 3   Provision of material etc.

11   Transitional - material etc.

(1) The following provisions:

(a) Division 2 of Part 3 of the Online SafetyAct 2021;

(b) Part 5 of that Act;

do not apply to the provision of material on:

(c) a social media service; or

(d) a relevant electronic service;

unless the material was provided on the service after the start of 1 July 2015.

Note: The cyber-bullying provisions of the Enhancing Online Safety Act 2015 commenced on 1 July 2015.

(2) The following provisions:

(a) Division 2 of Part 3 of the Online SafetyAct 2021;

(b) Part 5 of that Act;

do not apply to the provision of material on a designated internet service unless the material was provided on the service after the commencement of this item.

(3) The following provisions:

(a) Division 3 of Part 3 of the Online SafetyAct 2021;

(b) Division 3 of Part 6 of that Act;

do not apply to the provision of an intimate image on:

(c) a social media service; or

(d) a relevant electronic service; or

(e) a designated internet service;

unless the intimate image was provided on the service after the start of 1 September 2018.

Note: The intimate images provisions of the Enhancing Online Safety Act 2015 commenced on 1 September 2018.

(4) The following provisions:

(a) Division 4 of Part 3 of the Online SafetyAct 2021;

(b) Part 7 of that Act;

do not apply to the provision of material on:

(c) a social media service; or

(d) a relevant electronic service; or

(e) a designated internet service;

unless the material was provided on the service after the commencement of this item.

(5) Sections 113A, 118A and 123A of the Online SafetyAct 2021 apply in relation to material provided on:

(a) a social media service; or

(b) a relevant electronic service; or

(c) a designated internet service;

after the commencement of this item.