{"id":"F2022L00032","name":"Online Safety (Restricted Access Systems) Declaration 2022","slug":"online-safety-restricted-access-systems-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441169,"registerId":"F2022L00032-fast-fetch-1775956537994","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Online Safety (Restricted Access Systems) Declaration 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\nOnline Safety (Restricted Access Systems) Declaration 2022\n\nI, Julie Inman Grant, eSafety Commissioner, make the following instrument.\n\nDated    13 January 2022\n\nJulie Inman Grant\n\neSafety Commissioner\n\n\n\n\n \n\n \n\nContents\n\nPart 1 —Preliminary\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2 —Restricted access systems for relevant class 2 material \n\n5  Specified access‑control systems for relevant class 2 material\n\n6  Applying for access to relevant class 2 material\n\n7  Provision of warnings\n\n8  Confirmation of age\n\n9  Limiting access to relevant class 2 material\n\n\n\n\nPart 1—Preliminary\n\n1  Name\n\n  This Declaration is the Online Safety (Restricted Access Systems) Declaration 2022.\n\n2  Commencement\n\n (1) Each provision of this Declaration 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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of the Declaration The later of:(a) the start of the day after this Declaration is registered; and(b) the commencement of the Online Safety Act 2021.However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.\n\n\nNote:       This table relates only to the provisions of this Declaration as originally enacted. It will not be amended to deal with any later amendments of this Declaration.\n\n (2) Any information in column 3 of the table is not part of this Declaration. Information may be inserted in this column, or information in it may be edited, in any published version of this Declaration.\n\n3  Authority\n\n  This Declaration is made under subsection 108(1) of the Online Safety Act 2021.\n\n4  Definitions\n\n  In this Declaration:\n\nAct means the Online Safety Act 2021.\n\napplicant means a person who makes a request for access to relevant class 2 material under section 6.\n\nrelevant class 2 material means class 2 material covered by paragraphs 107(1)(f), (g), (h), (i), (j), (k) or (l) of the Act.\n\n \n\nNote: A number of expressions used in this Declaration are defined in the Act, including the following:   (a) access-control system;  (b) class 2 material;\n\n (c) designated internet service;  (d) material;  (e) provider;    (f) provided;\n\n (g) relevant electronic service;  (h) restricted access system; and\n\n (i) social media service.\n\nPart 2—Restricted access systems for relevant class 2 material  \n\n5  Specified access-control systems for relevant class 2 material\n\n  An access-control system is specified as a restricted access system in relation to relevant class 2 material if the access-control system:\n\n (a) requires an application for access to relevant class 2 material, as described in section 6; and\n\n (b) gives warnings and safety information for relevant class 2 material, as required by section 7; and\n\n (c) incorporates reasonable steps to confirm the age of applicants, as required by section 8; and\n\n (d) limits access to relevant class 2 material, as required by section 9.\n\n6  Applying for access to relevant class 2 material\n\n (1) The access-control system must require an applicant who seeks access to relevant class 2 material:\n\n (a) to apply for access; and\n\n (b) to submit a declaration that the applicant is at least 18 years of age.\n\n (2) An application under paragraph 6(1)(a) must be made:\n\n (a) in writing; or\n\n (b) in electronic form; or\n\n (c) orally.\n\n (3) A declaration under paragraph 6(1)(b) must be provided:\n\n (a) in writing; or\n\n (b) in electronic form.\n\n7  Provision of warnings\n\n  For each application for access under section 6, the access-control system must give to the applicant:\n\n (a) a warning about the nature of relevant class 2 material; and\n\n(b) either:\n\n1.    safety information about how a parent or guardian may control access to relevant class 2 material by persons under 18 years of age; or\n2.   a link to this information on the social media service, relevant electronic service, or designated internet service through which access to the relevant class 2 material is provided.\n\n\n8  Confirmation of age\n\n (1) The access‑control system must incorporate reasonable steps to confirm that an applicant is at least 18 years of age.\n\n (2) If the applicant has previously submitted to:\n\n (a) the provider of the social media service, relevant electronic service, or designated internet service through which access to the relevant class 2 material is provided; or\n\n (b) a person acting on behalf of that provider,\n\n  information which confirms that the applicant is at least 18 years of age, the access-control system is not required to take any further steps to confirm the applicant’s age in order to provide access to relevant class 2 material.\n\n9  Limiting access to relevant class 2 material\n\n  The access-control system must only provide access to relevant class 2 material if:\n\n (a) the access-control system has:\n\n (i) verified that, at the time the applicant applies for access to the material, the applicant has applied for access and submitted a declaration as described in section 6; and\n\n (ii) given the warning and safety information described in section 7 to the applicant; and\n\n (iii) verified that the applicant has met the confirmation of age requirements as described in section 8; or\n\n (b) the applicant has been provided with a Personal Identification Number or other means of limiting access to the material that enables the access-control system to verify that the applicant has previously:\n\n (i) applied for access and submitted a declaration as described in section 6; and\n\n (ii) been given the warning and safety information described in section 7; and\n\n (iii) met the confirmation of age requirements described in section 8.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Declaration sets out procedural requirements for access‑control systems for specified class‑2 material but does not, on its face, expand or narrow the categories of material from those referenced in the Act. There is no text in the instrument indicating a change from its original scope as presented here."},"complexity_factors":["Cross‑references to the Online Safety Act 2021 for key definitions (e.g. class 2 material, access‑control system) increase interpretive steps.","Use of the standard “reasonable steps” to confirm age is vague and permits broad provider discretion about acceptable verification methods.","Multiple verification and access pathways (direct verification at application or reuse of previously provided confirmation/PIN) create alternate compliance workflows.","Different permitted application formats (written, electronic, oral) require operational adjustments and recordkeeping choices.","Commencement is conditional on the Online Safety Act 2021 taking effect, adding legal timing complexity.","The Declaration specifies procedural obligations (warnings, safety information, age declaration) but does not set enforcement or evidentiary detail, leaving implementation choices to providers."],"plain_english_summary":"This Declaration requires online services that make certain class‑2 adult material available to use a restricted access‑control system that makes users apply, declare they are 18+, receive a warning and safety information, and have their age reasonably verified before access is granted. \n\nIt primarily affects service providers (who bear the compliance costs and choose verification methods) and adult applicants (who must submit a declaration or prior proof); the requirement that providers take “reasonable steps” to confirm age gives providers operational discretion and creates a need to document verification."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a foundational instrument made under the Online Safety Act 2021. It appears to implement the original legislative intent — creating a regulatory framework for age verification on adult content — without significant scope creep. The instrument is tightly focused on its specific purpose of declaring what constitutes a 'restricted access system'."},"complexity_factors":["Short instrument — only 9 operative sections across 2 Parts","Minimal defined terms (only 3 defined in the instrument itself: 'Act', 'applicant', 'relevant class 2 material')","Heavy reliance on external definitions — 9 key terms are defined in the parent Online Safety Act 2021 rather than this instrument","Simple conditional structure — mostly 'must' obligations with one exception (section 8(2) provides a safe harbour for previously verified users)","No nested exceptions or complex cross-referencing within the instrument itself","However, understanding the full effect requires reading alongside the Online Safety Act 2021 to understand what 'class 2 material' and the various service types actually cover"],"plain_english_summary":"This law requires platforms to use a mandatory \"restricted access system\" before showing legal-but-adult Class 2 content: users must apply for access and platforms must take reasonable steps to verify they are 18+, display content warnings and parental-control info, and may offer a \"remember me\" function.  \n\nIt targets social media and online services that host adult material, aims to reduce children's exposure, is technology‑neutral about age checks, and is enforceable by the eSafety regulator."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/online-safety-restricted-access-systems-declaration-2022","history":"/api/acts/online-safety-restricted-access-systems-declaration-2022/history","analysis":"/api/acts/online-safety-restricted-access-systems-declaration-2022/analysis","conflicts":"/api/acts/online-safety-restricted-access-systems-declaration-2022/conflicts","importantCases":"/api/acts/online-safety-restricted-access-systems-declaration-2022/important-cases","documents":"/api/acts/online-safety-restricted-access-systems-declaration-2022/documents"}}