{"id":"C2021A00077","name":"Online Safety (Transitional Provisions and Consequential Amendments) Act 2021","slug":"online-safety-transitional-provisions-and-consequential-amendments-act-2021","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"77 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436352,"registerId":"C2021A00077-fast-fetch-1775953576785","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Online Safety (Transitional Provisions and Consequential Amendments) Act 2021","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![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nOnline Safety (Transitional Provisions and Consequential Amendments) Act 2021\n\n \n\nNo. 77, 2021\n\n \n\n \n\n \n\n \n\nAn Act to deal with transitional and consequential matters arising from the enactment of the Online Safety Act 2021, and for other purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Repeal of the Enhancing Online Safety Act 2015\n\nEnhancing Online Safety Act 2015\n\nSchedule 2—Amendments\n\nPart 1—General amendments\n\nA New Tax System (Goods and Services Tax) Act 1999\n\nBroadcasting Services Act 1992\n\nCrimes Act 1914\n\nCriminal Code Act 1995\n\nEnhancing Online Safety (Non‑consensual Sharing of Intimate Images) Act 2018\n\nFreedom of Information Act 1982\n\nInteractive Gambling Act 2001\n\nTelecommunications Act 1997\n\nTelecommunications (Interception and Access) Act 1979\n\nTobacco Advertising Prohibition Act 1992\n\nPart 2—Amendments contingent on the commencement of the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021\n\nCrimes Act 1914\n\nPart 3—Amendments contingent on the non‑commencement of the Export Market Development Grants Legislation Amendment Act 2020\n\nExport Market Development Grants Act 1997\n\nPart 4—Amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2021\n\nOnline Safety Act 2021\n\nSchedule 3—Transitional and application provisions\n\nPart 1—eSafety Commissioner\n\nPart 2—Complaints and objections\n\nPart 3—Provision of material etc.\n\nPart 4—Notices\n\nPart 5—Protection from proceedings\n\nPart 6—Miscellaneous\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nOnline Safety (Transitional Provisions and Consequential Amendments) Act 2021\n\nNo. 77, 2021\n\n \n\n \n\n \n\nAn Act to deal with transitional and consequential matters arising from the enactment of the Online Safety Act 2021, and for other purposes\n\n[Assented to 23 July 2021]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Online Safety (Transitional Provisions and Consequential Amendments) Act 2021.\n\n2  Commencement\n\n (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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 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. 24 July 2021\n- 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. 23 January 2022\n- 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. 23 January 2022\n- 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. 23 January 2022(paragraph (a) applies)\n- 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. Never commenced(paragraph (b) applies)\n- 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. 23 January 2022(paragraph (a) applies)\n- 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. 23 January 2022\n\n\nNote: 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.\n\n (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.\n\n3  Schedules\n\n  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.\n\nSchedule 1—Repeal of the Enhancing Online Safety Act 2015\n\n \n\nEnhancing Online Safety Act 2015\n\n1  The whole of the Act\n\nRepeal the Act.\n\nSchedule 2—Amendments\n\nPart 1—General amendments\n\nA New Tax System (Goods and Services Tax) Act 1999\n\n1  Subparagraph 38‑570(3)(a)(ii)\n\nOmit “Schedule 5 to the Broadcasting Services Act 1992”, substitute “the Online Safety Act 2021”.\n\nBroadcasting Services Act 1992\n\n2  Paragraphs 3(1)(ha), (k), (l) and (m)\n\nRepeal the paragraphs.\n\n3  Subsection 3(2) (definition of designated content/hosting service provider)\n\nRepeal the definition.\n\n4  Subsection 3(2) (definition of internet content)\n\nRepeal the definition.\n\n5  Subsection 4(1)\n\nOmit “, internet services”.\n\n6  Subsections 4(3) and (3AA)\n\nRepeal the subsections.\n\n7  Subsection 4(4) (definition of designated content/hosting service)\n\nRepeal the definition.\n\n8  Subsection 4(4) (definition of internet carriage service)\n\nRepeal the definition.\n\n9  Subsection 4(4) (definition of internet content)\n\nRepeal the definition.\n\n10  Subsection 4(4) (definition of internet service provider)\n\nRepeal the definition.\n\n11  Paragraph 5(1)(a)\n\nOmit “, the internet industry, the commercial content service industry”.\n\n12  Subsection 5(4) (definition of commercial content service)\n\nRepeal the definition.\n\n13  Subsection 6(1) (definition of Commissioner)\n\nRepeal the definition.\n\n14  Subsection 6(1) (paragraph (b) of the definition of registered code of practice)\n\nRepeal the paragraph.\n\n15  Subsection 6(1) (paragraph (c) of the definition of registered code of practice)\n\nOmit “Schedule 6; or”, substitute “Schedule 6.”.\n\n16  Subsection 6(1) (paragraph (d) of the definition of registered code of practice)\n\nRepeal the paragraph.\n\n17  Subsection 10A(1)\n\nOmit “(1)”.\n\n18  Subsection 10A(2)\n\nRepeal the subsection.\n\n19  Paragraph 130L(e)\n\nOmit “Part 5 of Schedule 5 to this Act”, substitute “Division 7 of Part 9 of the Online Safety Act 2021”.\n\n20  Paragraph 130L(fa)\n\nRepeal the paragraph.\n\n21  Part 13 (heading)\n\nOmit “and the Commissioner”.\n\n22  Section 169A\n\nRepeal the section.\n\n23  Subsection 173(1)\n\nOmit “(1)”.\n\n24  Subsection 173(2)\n\nRepeal the subsection.\n\n25  Subsections 174(4), (5) and (6)\n\nRepeal the subsections.\n\n26  Subsections 176(3) and (4)\n\nRepeal the subsections.\n\n27  Subsection 177(2)\n\nRepeal the subsection.\n\n28  Subsection 200(4)\n\nRepeal the subsection.\n\n29  Section 216B\n\nRepeal the section.\n\n30  Schedule 5\n\nRepeal the Schedule.\n\n31  Subclause 2(1) of Schedule 6 (definition of internet carriage service)\n\nOmit “Schedule 5”, substitute “the Online Safety Act 2021”.\n\n32  Paragraph 24(1)(h) of Schedule 6\n\nOmit “an online provider rule (within the meaning of Schedule 5)”, substitute “a service provider rule (within the meaning of the Online Safety Act 2021)”.\n\n33  Schedule 7 (heading)\n\nOmit “Content services”, substitute “Content services definitions”.\n\n34  Part 1 of Schedule 7 (heading)\n\nRepeal the heading.\n\n35  Clause 1 of Schedule 7\n\nRepeal the clause, substitute:\n\n1  Purpose of this Schedule\n\n  The purpose of this Schedule is to enable:\n\n (a) other Acts; and\n\n (b) other provisions of this Act;\n\nto define certain expressions as having the same meaning as in this Schedule.\n\n36  Clause 2 of Schedule 7 (definitions of access‑control system and adult)\n\nRepeal the definitions.\n\n37  Clause 2 of Schedule 7 (definition of adult chat service)\n\nOmit “prohibited content or potential prohibited content”, substitute “content that is class 1 material or content that is class 2 material covered by paragraph 107(1)(a), (b), (c), (d) or (e) of Online Safety Act 2021”.\n\n38  Clause 2 of Schedule 7 (definitions of ancillary subscription television content service, Australia, Australian connection and Australian police force)\n\nRepeal the definitions.\n\n39  Clause 2 of Schedule 7 (definitions of carriage service intermediary, carriage service provider, child and civil proceeding)\n\nRepeal the definitions.\n\n40  Clause 2 of Schedule 7\n\nInsert:\n\nclass 1 material has the same meaning as in the Online Safety Act 2021.\n\nclass 2 material has the same meaning as in the Online Safety Act 2021.\n\n41  Clause 2 of Schedule 7 (definitions of classification application, Classification Board, Classification Review Board and classified)\n\nRepeal the definitions.\n\n42  Clause 2 of Schedule 7 (definitions of commercial content service provider and computer game)\n\nRepeal the definitions.\n\n43  Clause 2 of Schedule 7 (definition of corresponding print publication)\n\nRepeal the definition.\n\n44  Clause 2 of Schedule 7 (definitions of data storage device, designated content/hosting service, designated content/hosting service provider, designated content/hosting service provider rule, eligible electronic publication, engage in conduct and evidential burden)\n\nRepeal the definitions.\n\n45  Clause 2 of Schedule 7 (paragraph (a) of the definition of exempt internet directory service)\n\nOmit “prohibited content or potential prohibited content”, substitute “content that is class 1 material or content that is class 2 material covered by paragraph 107(1)(a), (b), (c), (d) or (e) of Online Safety Act 2021”.\n\n46  Clause 2 of Schedule 7 (paragraph (a) of the definition of exempt internet search engine service)\n\nOmit “prohibited content or potential prohibited content”, substitute “content that is class 1 material or content that is class 2 material covered by paragraph 107(1)(a), (b), (c), (d) or (e) of Online Safety Act 2021”.\n\n47  Clause 2 of Schedule 7 (paragraph (b) of the definition of exempt point‑to‑point content service)\n\nOmit “prohibited content or potential prohibited content”, substitute “content that is class 1 material or content that is class 2 material covered by paragraph 107(1)(a), (b), (c), (d) or (e) of Online Safety Act 2021”.\n\n48  Clause 2 of Schedule 7 (definitions of film, final link‑deletion notice, final service‑cessation notice, final take‑down notice, hosting service, hosting service provider, immediate circle, interim link‑deletion notice, interim service‑cessation notice, interim take‑down notice, internet carriage service and internet content)\n\nRepeal the definitions.\n\n49  Clause 2 of Schedule 7 (definitions of links service, links service provider, live content, live content service, live content service provider, MA 15+ content, mobile carriage service provider and mobile premium service)\n\nRepeal the definitions.\n\n50  Clause 2 of Schedule 7 (definitions of potential prohibited content, prohibited content, provided by a content service, provided to the public, public mobile telecommunications service, R 18+ content and restricted access system)\n\nRepeal the definitions.\n\n51  Clause 2 of Schedule 7 (definitions of special link‑deletion notice, special service‑cessation notice, special take‑down notice, stored content and trained content assessor)\n\nRepeal the definitions.\n\n52  Clauses 3, 4, 6, 8, 9A, 10, 11, 14, 15, 16, 18, and 19 of Schedule 7\n\nRepeal the clauses.\n\n53  Parts 2 to 9 of Schedule 7\n\nRepeal the Parts.\n\n54  Clause 2 of Schedule 8 (definition of internet carriage service)\n\nOmit “Schedule 5”, substitute “the Online Safety Act 2021”.\n\n55  Clause 30 of Schedule 8\n\nOmit “Schedule 5 or 7”, substitute “Part 9 of the Online Safety Act 2021”.\n\n56  Clause 31 of Schedule 8\n\nRepeal the clause.\n\nCrimes Act 1914\n\n57  Subsection 3C(1) (definition of electronic service)\n\nOmit “Enhancing Online Safety Act 2015”, substitute “Online Safety Act 2021”.\n\n58  Subsection 3CAA(3)\n\nOmit “Enhancing Online Safety Act 2015”, substitute “Online Safety Act 2021”.\n\nCriminal Code Act 1995\n\n59  Paragraphs 273.9(5)(a) and (b) of the Criminal Code\n\nRepeal the paragraphs, substitute:\n\n (a) assisting the eSafety Commissioner to perform the functions, or exercise the powers, conferred on the eSafety Commissioner by Part 9 of the Online Safety Act 2021; or\n\n (b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:\n\n (i) an industry code registered under Division 7 of Part 9 of the Online Safety Act 2021; or\n\n (ii) an industry standard registered under Division 7 of Part 9 of the Online Safety Act 2021.\n\n60  Section 473.1 of the Criminal Code\n\nInsert:\n\nAustralian hosting service provider has the same meaning as in the Online Safety Act 2021.\n\n61  Section 473.1 of the Criminal Code (definition of internet content host)\n\nRepeal the definition.\n\n62  Section 473.1 of the Criminal Code (definition of internet service provider)\n\nOmit “Schedule 5 to the Broadcasting Services Act 1992”, substitute “the Online Safety Act 2021”.\n\n63  Paragraph 473.5(d) of the Criminal Code\n\nOmit “internet content host” (wherever occurring), substitute “Australian hosting service provider”.\n\n64  Subsection 474.17(1) of the Criminal Code (penalty)\n\nOmit “3 years”, substitute “5 years”.\n\n65  Subsection 474.17A(1) of the Criminal Code (penalty)\n\nOmit “5 years”, substitute “6 years”.\n\n66  Paragraph 474.17A(4)(d) of the Criminal Code\n\nRepeal the paragraph, substitute:\n\n (d) before the commission of the underlying offence, 3 or more civil penalty orders were made against the person under the Regulatory Powers (Standard Provisions) Act 2014 in relation to either or both of the following:\n\n (i) contraventions of subsection 75(1) of the Online Safety Act 2021;\n\n (ii) contraventions of section 91 of the Online Safety Act 2021 that relate to removal notices given under section 89 of that Act.\n\n67  Paragraph 474.17A(13)(a) of the Criminal Code\n\nRepeal the paragraph, substitute:\n\n (a) a person has been convicted by a court of an offence against subsection (4) on the basis that 3 or more civil penalty orders were made against the person under the Regulatory Powers (Standard Provisions) Act 2014 in relation to either or both of the following:\n\n (i) contraventions of subsection 75(1) of the Online Safety Act 2021;\n\n (ii) contraventions of section 91 of the Online Safety Act 2021 that relate to removal notices given under section 89 of that Act; and\n\n68  Paragraphs 474.24(4)(a) and (b) of the Criminal Code\n\nRepeal the paragraphs, substitute:\n\n (a) assisting the eSafety Commissioner to perform the functions, or exercise the powers, conferred on the eSafety Commissioner by Part 9 of the Online Safety Act 2021; or\n\n (b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:\n\n (i) an industry code registered under Division 7 of Part 9 of the Online Safety Act 2021; or\n\n (ii) an industry standard registered under Division 7 of Part 9 of the Online Safety Act 2021.\n\n69  Paragraph 474.25(a) of the Criminal Code\n\nOmit “internet content host”, substitute “Australian hosting service provider”.\n\n70  Section 474.30 of the Criminal Code (paragraphs (a) and (b) of the definition of content service)\n\nOmit “Enhancing Online Safety Act 2015”, substitute “Online Safety Act 2021”.\n\n71  Section 474.30 of the Criminal Code (definition of hosting service)\n\nOmit “Enhancing Online Safety Act 2015”, substitute “Online Safety Act 2021”.\n\n72  Section 474.30 of the Criminal Code (definition of hosting service)\n\nOmit “9C(a)(ii) and (b)(ii)”, substitute “17(a)(ii) and (b)(ii)”.\n\n73  Paragraph 474.41(1)(a) of the Criminal Code\n\nOmit “Enhancing Online Safety Act 2015”, substitute “Online Safety Act 2021”.\n\n74  Section 474.44 of the Criminal Code\n\nRepeal the section, substitute:\n\n474.44  This Subdivision does not limit Part 9 of the Online Safety Act 2021\n\n  This Subdivision does not limit the operation of Part 9 of the Online Safety Act 2021.\n\nEnhancing Online Safety (Non‑consensual Sharing of Intimate Images) Act 2018\n\n75  Section 4\n\nRepeal the section.\n\nFreedom of Information Act 1982\n\n76  Subsection 4(1) (paragraph (a) of the definition of exempt internet‑content document)\n\nAfter “Schedule 5 to the Broadcasting Services Act 1992”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n77  Subsection 4(1)\n\nInsert:\n\nexempt online content scheme document means:\n\n (a) a document containing material (within the meaning of the Online Safety Act 2021), or a record of material (within the meaning of that Act), that is online content scheme material; or\n\n (b) a document that sets out how to access, or that is likely to facilitate access to, material (within the meaning of the Online Safety Act 2021) that is online content scheme material (for example, by setting out the name of a website, an IP address, a URL or a password).\n\n78  Subsection 4(1) (subparagraphs (b)(i) and (ii) of the definition of offensive content‑service content)\n\nAfter “that Schedule”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n79  Subsection 4(1)\n\nInsert:\n\nonline content scheme material means material that:\n\n (a) has been provided on a social media service, relevant electronic service or designated internet service (within the meaning of the Online Safety Act 2021); and\n\n (b) was:\n\n (i) class 1 material (within the meaning of the Online Safety Act 2021); or\n\n (ii) class 2 material (within the meaning of the Online Safety Act 2021) that is covered by paragraph 107(1)(a), (b), (c), (d) or (e) of that Act;\n\n  when it was provided on the service.\n\n80  Subsection 4(1) (definition of offensive internet content)\n\nAfter “Schedule 5 to the Broadcasting Services Act 1992”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n81  Division 1 of Part II of Schedule 2 (paragraph (a) of the item dealing with Australian Communications and Media Authority)\n\nAfter “Schedule 7 to the Broadcasting Services Act 1992”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n82  Division 1 of Part II of Schedule 2 (paragraph (b) of the item dealing with Australian Communications and Media Authority)\n\nAfter “Schedule 5 to that Act”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n83  Division 1 of Part II of Schedule 2 (at the end of the item dealing with Australian Communications and Media Authority)\n\nAdd:\n\n ; and (c) exempt online content scheme documents concerning the performance of a function, or the exercise of a power, under Part 9 of the Online Safety Act 2021.\n\n84  Division 1 of Part II of Schedule 2 (paragraph (a) of the item dealing with Classification Board)\n\nAfter “Schedule 7 to the Broadcasting Services Act 1992”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n85  Division 1 of Part II of Schedule 2 (paragraph (b) of the item dealing with Classification Board)\n\nAfter “Schedule 5 to that Act”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n86  Division 1 of Part II of Schedule 2 (at the end of the item dealing with Classification Board)\n\nAdd:\n\n ; and (c) exempt online content scheme documents concerning the performance of a function, or the exercise of a power, under Part 9 of the Online Safety Act 2021.\n\n87  Division 1 of Part II of Schedule 2 (paragraph (a) of the item dealing with Classification Review Board)\n\nAfter “Schedule 7 to the Broadcasting Services Act 1992”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n88  Division 1 of Part II of Schedule 2 (paragraph (b) of the item dealing with Classification Review Board)\n\nAfter “Schedule 5 to that Act”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n89  Division 1 of Part II of Schedule 2 (paragraph (a) of the item dealing with eSafety Commissioner)\n\nAfter “Schedule 7 to the Broadcasting Services Act 1992”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n90  Division 1 of Part II of Schedule 2 (paragraph (b) of the item dealing with eSafety Commissioner)\n\nAfter “Schedule 5 to that Act”, insert “, as in force before the commencement of the Online Safety Act 2021”.\n\n91  Division 1 of Part II of Schedule 2 (at the end of the item dealing with eSafety Commissioner)\n\nAdd:\n\n ; and (c) exempt online content scheme documents concerning the performance of a function, or the exercise of a power, under Part 9 of the Online Safety Act 2021.\n\nInteractive Gambling Act 2001\n\n92  Section 4 (definition of access)\n\nOmit “Schedule 5 to the Broadcasting Services Act 1992”, substitute “the Online Safety Act 2021”.\n\n93  Section 4 (definition of internet content)\n\nRepeal the definition.\n\n94  Section 4 (definition of internet service provider)\n\nOmit “Schedule 5 to the Broadcasting Services Act 1992”, substitute “the Online Safety Act 2021”.\n\n95  Subsection 36(2)\n\nOmit “Schedule 5 or 7 to the Broadcasting Services Act 1992”, substitute “Division 7 of Part 9 of the Online Safety Act 2021”.\n\n96  Subsection 36(3)\n\nOmit “Schedule 5 or 7 to the Broadcasting Services Act 1992”, substitute “Division 7 of Part 9 of the Online Safety Act 2021”.\n\nTelecommunications Act 1997\n\n97  Section 7 (definition of internet service provider)\n\nOmit “Schedule 5 to the Broadcasting Services Act 1992”, substitute “the Online Safety Act 2021”.\n\nTelecommunications (Interception and Access) Act 1979\n\n98  Subparagraph 187A(3)(b)(ii)\n\nOmit “Schedule 5 to the Broadcasting Services Act 1992”, substitute “the Online Safety Act 2021”.\n\nTobacco Advertising Prohibition Act 1992\n\n99  Paragraph 16B(1)(d)\n\nOmit “internet content host” (wherever occurring), substitute “Australian hosting service provider”.\n\n100  Subsection 16B(2)\n\nInsert:\n\nAustralian hosting service provider has the same meaning as in the Online Safety Act 2021.\n\n101  Subsection 16B(2) (definition of internet content host)\n\nRepeal the definition.\n\n102  Subsection 16B(2) (definition of internet service provider)\n\nOmit “Schedule 5 to the Broadcasting Services Act 1992”, substitute “the Online Safety Act 2021”.\n\nPart 2—Amendments contingent on the commencement of the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021\n\nCrimes Act 1914\n\n103  Section 3ZZUK (definition of account)\n\nOmit “Enhancing Online Safety Act 2015”, substitute “Online Safety Act 2021”.\n\n104  Section 3ZZUK (definition of electronic service)\n\nOmit “Enhancing Online Safety Act 2015”, substitute “Online Safety Act 2021”.\n\nPart 3—Amendments contingent on the non‑commencement of the Export Market Development Grants Legislation Amendment Act 2020\n\nExport Market Development Grants Act 1997\n\n105  Section 57A (heading)\n\nOmit “prohibited content or potential prohibited content”, substitute “class 1 material or class 2 material”.\n\n106  Paragraphs 57A(a) and (b)\n\nRepeal the paragraphs, substitute:\n\n (a) class 1 material (within the meaning of the Online Safety Act 2021); or\n\n (b) class 2 material (within the meaning of the Online Safety Act 2021) that is covered by paragraph 107(1)(a), (b), (c), (d) or (e) of that Act.\n\n107  Section 57A (note)\n\nOmit “, potential prohibited content and prohibited content”.\n\n108  Subsection 107(1) (definition of potential prohibited content)\n\nRepeal the definition.\n\n109  Subsection 107(1) (definition of prohibited content)\n\nRepeal the definition.\n\nPart 4—Amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2021\n\nOnline Safety Act 2021\n\n110  Subsection 162(3)\n\nOmit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n111  Subsection 164(3)\n\nOmit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\n112  Subsection 165(3)\n\nOmit “Federal Circuit Court of Australia”, substitute “Federal Circuit and Family Court of Australia (Division 2)”.\n\nSchedule 3—Transitional and application provisions\n\nPart 1—eSafety Commissioner\n\n1  Transitional—continuity of eSafety Commissioner\n\nThe repeal of the Enhancing Online Safety Act 2015 does not affect the continuity of:\n\n (a) the office of eSafety Commissioner; or\n\n (b) the appointment of the eSafety Commissioner; or\n\n (c) the appointment of a person to act as the eSafety Commissioner; or\n\n (d) a determination made by the Remuneration Tribunal, so far as the determination relates to the eSafety Commissioner.\n\n2  Transitional—instrument of appointment of the eSafety Commissioner\n\n(1) This item applies to an instrument of appointment of the eSafety Commissioner under subsection 50(1) of the Enhancing Online Safety Act 2015 that was in force immediately before the commencement of this item.\n\n(2) The instrument has effect after the commencement of this item as if it had been made under subsection 167(1) of the Online Safety Act 2021.\n\n3  Transitional—instrument of appointment of a person to act as the eSafety Commissioner\n\n(1) This item applies if an instrument of appointment of a person to act as the eSafety Commissioner under subsection 52(1) of the Enhancing Online Safety Act 2015 was in force immediately before the commencement of this item.\n\n(2) The instrument has effect after the commencement of this item as if it had been made under subsection 169(1) of the Online Safety Act 2021.\n\nPart 2—Complaints and objections\n\n4  Transitional—complaints about cyber‑bullying material (complaint made by an Australian child)\n\n(1) This item applies to a complaint made under subsection 18(1) of the Enhancing Online Safety Act 2015 before the commencement of this item if the eSafety Commissioner has neither:\n\n (a) taken action in response to the complaint; nor\n\n (b) refused to take action in response to the complaint;\n\nbefore the commencement of this item.\n\n(2) The complaint has effect, after the commencement of this item, as if it were a complaint made under subsection 30(1) of the Online Safety Act 2021.\n\n5  Transitional—complaints about cyber‑bullying material (complaint made on behalf of an Australian child)\n\n(1) This item applies to a complaint made under subsection 18(2) of the Enhancing Online Safety Act 2015 before the commencement of this item if the eSafety Commissioner has neither:\n\n (a) taken action in response to the complaint; nor\n\n (b) refused to take action in response to the complaint;\n\nbefore the commencement of this item.\n\n(2) The complaint has effect, after the commencement of this item, as if it were a complaint made under subsection 30(2) of the Online Safety Act 2021.\n\n6  Transitional—complaints about cyber‑bullying material (complaint made by an adult who was an Australian child)\n\n(1) This item applies to a complaint made under subsection 18(3) of the Enhancing Online Safety Act 2015 before the commencement of this item if the eSafety Commissioner has neither:\n\n (a) taken action in response to the complaint; nor\n\n (b) refused to take action in response to the complaint;\n\nbefore the commencement of this item.\n\n(2) The complaint has effect, after the commencement of this item, as if it were a complaint made under subsection 30(3) of the Online Safety Act 2021.\n\n7  Transitional—complaints about intimate images (complaint made by a person depicted in an intimate image)\n\n(1) This item applies to a complaint made under subsection 19A(1) of the Enhancing Online Safety Act 2015 before the commencement of this item if the eSafety Commissioner has neither:\n\n (a) taken action in response to the complaint; nor\n\n (b) refused to take action in response to the complaint;\n\nbefore the commencement of this item.\n\n(2) The complaint has effect, after the commencement of this item, as if it were a complaint made under subsection 32(1) of the Online Safety Act 2021.\n\n8  Transitional—complaints about intimate images (complaint made on behalf of a person depicted in an intimate image)\n\n(1) This item applies to a complaint made under subsection 19A(3) of the Enhancing Online Safety Act 2015 before the commencement of this item if the eSafety Commissioner has neither:\n\n (a) taken action in response to the complaint; nor\n\n (b) refused to take action in response to the complaint;\n\nbefore the commencement of this item.\n\n(2) The complaint has effect, after the commencement of this item, as if it were a complaint made under subsection 32(3) of the Online Safety Act 2021.\n\n9  Transitional—objection notices (objection notice given by a person depicted in an intimate image)\n\n(1) This item applies to an objection notice given under subsection 19B(1) of the Enhancing Online Safety Act 2015 before the commencement of this item if the eSafety Commissioner has neither:\n\n (a) taken action in response to the objection notice; nor\n\n (b) refused to take action in response to the objection notice;\n\nbefore the commencement of this item.\n\n(2) The objection notice has effect, after the commencement of this item, as if it were an objection notice given under subsection 33(1) of the Online Safety Act 2021.\n\n10  Transitional—objection notices (objection notice given on behalf of a person depicted in an intimate image)\n\n(1) This item applies to an objection notice given under subsection 19B(3) of the Enhancing Online Safety Act 2015 before the commencement of this item if the eSafety Commissioner has neither:\n\n (a) taken action in response to the objection notice; nor\n\n (b) refused to take action in response to the objection notice;\n\nbefore the commencement of this item.\n\n(2) The objection notice has effect, after the commencement of this item, as if it were an objection notice given under subsection 33(3) of the Online Safety Act 2021.\n\nPart 3—Provision of material etc.\n\n11  Transitional—material etc.\n\n(1) The following provisions:\n\n (a) Division 2 of Part 3 of the Online Safety Act 2021;\n\n (b) Part 5 of that Act;\n\ndo not apply to the provision of material on:\n\n (c) a social media service; or\n\n (d) a relevant electronic service;\n\nunless the material was provided on the service after the start of 1 July 2015.\n\nNote: The cyber‑bullying provisions of the Enhancing Online Safety Act 2015 commenced on 1 July 2015.\n\n(2) The following provisions:\n\n (a) Division 2 of Part 3 of the Online Safety Act 2021;\n\n (b) Part 5 of that Act;\n\ndo 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.\n\n(3) The following provisions:\n\n (a) Division 3 of Part 3 of the Online Safety Act 2021;\n\n (b) Division 3 of Part 6 of that Act;\n\ndo not apply to the provision of an intimate image on:\n\n (c) a social media service; or\n\n (d) a relevant electronic service; or\n\n (e) a designated internet service;\n\nunless the intimate image was provided on the service after the start of 1 September 2018.\n\nNote: The intimate images provisions of the Enhancing Online Safety Act 2015 commenced on 1 September 2018.\n\n(4) The following provisions:\n\n (a) Division 4 of Part 3 of the Online Safety Act 2021;\n\n (b) Part 7 of that Act;\n\ndo not apply to the provision of material on:\n\n (c) a social media service; or\n\n (d) a relevant electronic service; or\n\n (e) a designated internet service;\n\nunless the material was provided on the service after the commencement of this item.\n\n(5) Sections 113A, 118A and 123A of the Online Safety Act 2021 apply in relation to material provided on:\n\n (a) a social media service; or\n\n (b) a relevant electronic service; or\n\n (c) a designated internet service;\n\nafter the commencement of this item.\n\nPart 4—Notices\n\n12  Transitional—pre‑commencement social media service notices\n\n(1) Despite the repeal of the following provisions of the Enhancing Online Safety Act 2015 by this Act:\n\n (a) Subdivision B of Division 3 of Part 4;\n\n (b) subsections 88(3) and (4);\n\nthose provisions continue to apply, in relation to a social media service notice that was in force immediately before the commencement of this item, as if those repeals had not happened.\n\n(2) Despite the repeal of Part 6 of the Enhancing Online Safety Act 2015 by this Act, that Part continues to apply, in relation to section 36 of that Act, as if that repeal had not happened.\n\n13  Transitional—pre‑commencement end‑user notices\n\n(1) Despite the repeal of the following provisions of the Enhancing Online Safety Act 2015 by this Act:\n\n (a) Part 5;\n\n (b) subsection 88(7);\n\nthose provisions continue to apply, in relation to an end‑user notice that was in force immediately before the commencement of this item, as if those repeals had not happened.\n\n(2) Despite the repeal of section 48 of the Enhancing Online Safety Act 2015 by this Act, that section continues to apply, in relation to section 43 of that Act, as if that repeal had not happened.\n\n14  Transitional—pre‑commencement removal notices\n\n(1) Despite the repeal of the following provisions of the Enhancing Online Safety Act 2015 by this Act:\n\n (a) Division 3 of Part 5A;\n\n (b) subsection 88(8);\n\nthose provisions continue to apply, in relation to a removal notice that was in force immediately before the commencement of this item, as if those repeals had not happened.\n\n(2) Despite the repeal of Part 6 of the Enhancing Online Safety Act 2015 by this Act, that Part continues to apply, in relation to section 44G of that Act, as if that repeal had not happened.\n\nPart 5—Protection from proceedings\n\n15  Transitional—protection from civil proceedings\n\n(1) Despite the repeal of subsection 89(1) of the Enhancing Online Safety Act 2015 by this Act, that subsection continues to apply, in relation to an act done before the commencement of this item, as if that repeal had not happened.\n\n(2) Despite the repeal of subsection 89(2) of the Enhancing Online Safety Act 2015 by this Act, that subsection continues to apply, in relation to anything done in compliance with:\n\n (a) a request given under section 29 of that Act before the commencement of this item; or\n\n (b) a social media service notice given before the commencement of this item; or\n\n (c) an end‑user notice given before the commencement of this item; or\n\n (d) a removal notice given before the commencement of this item;\n\nas if that repeal had not happened.\n\n(3) Despite the repeal of subclause 88(1) of Schedule 5 to the Broadcasting Services Act 1992 by this Act, that subclause continues to apply, in relation to anything done before the commencement of this item, as if that repeal had not happened.\n\n(4) Despite the repeal of subclause 88(2) of Schedule 5 to the Broadcasting Services Act 1992 by this Act, that subclause continues to apply, in relation to anything done before the commencement of this item, as if that repeal had not happened.\n\n(5) Despite the repeal of subclause 111(1) of Schedule 7 to the Broadcasting Services Act 1992 by this Act, that subclause continues to apply, in relation to anything done before the commencement of this item, as if that repeal had not happened.\n\n(6) Despite the repeal of subclause 111(2) of Schedule 7 to the Broadcasting Services Act 1992 by this Act, that subclause continues to apply, in relation to anything done before the commencement of this item, as if that repeal had not happened.\n\n(7) Despite the repeal of subclause 111(3) of Schedule 7 to the Broadcasting Services Act 1992 by this Act, that subclause continues to apply, in relation to anything done before the commencement of this item, as if that repeal had not happened.\n\n16  Transitional—liability for damages\n\nDespite the repeal of section 90 of the Enhancing Online Safety Act 2015 by this Act, that section continues to apply, in relation to an act or matter in good faith done or omitted to be done:\n\n (a) in the performance or purported performance of any function; or\n\n (b) in the exercise or purported exercise of any power;\n\nconferred on the eSafety Commissioner by or under:\n\n (c) the repealed Enhancing Online Safety Act 2015; or\n\n (d) a provision of the Broadcasting Services Act 1992 repealed by this Act;\n\nas if the repeal of that section had not happened.\n\n17  Transitional—protection from criminal proceedings\n\n(1) Despite the repeal of section 91 of the Enhancing Online Safety Act 2015 by this Act, that section continues to apply, in relation to:\n\n (a) the collection of material; or\n\n (b) the possession of material; or\n\n (c) the distribution of material; or\n\n (d) the delivery of material; or\n\n (e) the copying of material; or\n\n (f) the doing of any other thing in relation to material;\n\nin connection with the exercise of a power, or the performance of a function, conferred on the eSafety Commissioner by or under the repealed Enhancing Online Safety Act 2015, as if the repeal of that section had not happened.\n\n(2) Despite the repeal of clause 112 of Schedule 7 to the Broadcasting Services Act 1992 by this Act, that clause continues to apply, in relation to:\n\n (a) the collection of content or material; or\n\n (b) the possession of content or material; or\n\n (c) the distribution of content or material; or\n\n (d) the delivery of content or material; or\n\n (e) the copying of content or material; or\n\n (f) the doing of any other thing in relation to content or material;\n\nin connection with the exercise of a power, or the performance of a function, conferred on the eSafety Commissioner by or under a provision of the Broadcasting Services Act 1992 repealed by this Act, as if the repeal of that clause had not happened.\n\n(3) For the purposes of this item, possession includes have in custody or control.\n\nPart 6—Miscellaneous\n\n18  Transitional—copies of material\n\nDespite the repeal of section 94 of the Enhancing Online Safety Act 2015 by this Act, that section continues to apply, in relation to copies made before the commencement of this item, as if that repeal had not happened.\n\n19  Transitional—disclosure of information\n\nDespite the repeal of Part 9 of the Enhancing Online Safety Act 2015 by this Act, that Part continues to apply, in relation to information that was obtained by the eSafety Commissioner as a result of the performance of a function, or the exercise of a power, conferred on the eSafety Commissioner by or under:\n\n (a) the repealed Enhancing Online Safety Act 2015; or\n\n (b) a provision of the Broadcasting Services Act 1992 repealed by this Act;\n\nas if the repeal of that Part had not happened.\n\n20  Transitional—compensation for acquisition of property\n\nDespite the repeal of section 95 of the Enhancing Online Safety Act 2015 by this Act, that section continues to apply, in relation to the operation of:\n\n (a) the repealed Enhancing Online Safety Act 2015; or\n\n (b) legislative rules made under that Act;\n\nas if that repeal had not happened.\n\n21  Application—subsection 273.9(5) of the Criminal Code\n\nThe amendment of subsection 273.9(5) of the Criminal Code made by this Act applies in relation to conduct engaged in after the commencement of this item.\n\n22  Application—subsection 474.24(4) of the Criminal Code\n\nThe amendment of subsection 474.24(4) of the Criminal Code made by this Act applies in relation to conduct engaged in after the commencement of this item.\n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 24 February 2021\n\nSenate on 17 March 2021]\n\n(21/21)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: transitional and consequential matters arising from the enactment of the Online Safety Act 2021. While it touches many other Acts, it does so only to update cross-references and ensure legal continuity. It does not expand beyond this housekeeping function."},"complexity_factors":["Extensive cross-referencing: Updates definitions and references across 11 different Acts including the Criminal Code, Broadcasting Services Act, and Telecommunications Act","Conditional commencement provisions: 7 different commencement triggers with complex contingencies (e.g., 'the later of' dates, contingent on other Acts commencing or not commencing)","Nested transitional provisions: Schedule 3 contains 22 separate transitional items dealing with continuity of appointments, pending complaints, existing notices, and protection from proceedings","Temporal complexity: Multiple retrospective and prospective application dates (1 July 2015, 1 September 2018, and various commencement dates)","Savings provisions: Complex 'despite the repeal' clauses that preserve old laws for specific purposes (items 12-20 in Schedule 3)","Terminology migration: Systematic replacement of old terms ('prohibited content', 'internet content host') with new defined terms ('class 1 material', 'class 2 material', 'Australian hosting service provider')","One part (Schedule 2, Part 3) never commenced due to contingent trigger condition being met by another Act first"],"plain_english_summary":"This Act is the 'clean-up crew' for Australia's online safety laws. It doesn't create new rules itself, but rather tidies up the legal landscape to make way for the new **Online Safety Act 2021**.\n\n**What it does:**\n\n*   **Repeals the old law:** It completely scraps the *Enhancing Online Safety Act 2015* (the previous cyber-bullying and intimate image sharing law) and wipes out Schedule 5 of the *Broadcasting Services Act 1992* (the old internet content regulation scheme).\n*   **Updates references across the statute book:** It goes through dozens of other laws—from the GST Act to the Criminal Code—and replaces references to the old repealed laws with references to the new *Online Safety Act 2021*. This ensures all the cross-references remain accurate.\n*   **Increases penalties:** It bumps up the maximum jail time for certain online harassment offences from 3 to 5 years, and from 5 to 6 years for aggravated offences.\n*   **Handles the transition smoothly:** It ensures that:\n    *   The eSafety Commissioner keeps their job and powers without interruption.\n    *   Pending complaints about cyber-bullying or intimate images continue under the new system.\n    *   Old notices and legal protections for actions taken under the repealed laws remain valid.\n\n**Who it affects:**\n\n*   **The eSafety Commissioner** – ensures their authority continues uninterrupted.\n*   **Social media companies and internet service providers** – updates their legal obligations to point to the new Act.\n*   **Victims of cyber-bullying or image-based abuse** – ensures their existing complaints aren't lost in the transition.\n*   **Law enforcement and courts** – updates criminal law references to align with the new regulatory framework.\n\n**Why it matters:**\nWithout this Act, repealing the old online safety laws would create legal chaos—references would point to non-existent laws, pending cases would be in limbo, and the eSafety Commissioner's authority might be questioned. This Act ensures a seamless handover from the old regime to the new, more comprehensive *Online Safety Act 2021*."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act stays within its original transitional and consequential purpose: it repeals the 2015 Act and remaps legal references to the Online Safety Act 2021 while preserving continuity and protections. It does not materially expand the policy scope beyond implementation. That said, it introduces consequential substantive effects — notably increased Criminal Code penalties and new enforcement‑linking mechanisms to Part 9 (Schedule 2, items 59–67) and adjusted FOI exemptions (items 76–91). Those changes intensify enforcement and alter disclosure rules, but they are consequential to implementing the new statutory framework rather than a departure from the Act’s stated transitional purpose."},"complexity_factors":["Large number of amending and repealing items across many Acts (Broadcasting Services Act 1992, Criminal Code, Telecommunications Act, FOI Act, Interactive Gambling Act, Tobacco Advertising Act, etc.)","Multiple schedules with dense, itemised amendments (Schedule 1, Schedule 2 Parts 1–4, Schedule 3 Parts 1–6)","Numerous defined‑term replacements and cross‑references redirected to the Online Safety Act 2021 (many definitions removed and replaced to map to class 1/class 2 material)","Contingent commencements and conditional amendments tied to other Acts' commencement (see section 2 table and Schedule 2 Parts 2–4)","Transitional rules that preserve existing instruments, complaints and notices but only for specified categories and time cut‑offs (nested temporal thresholds: 1 July 2015, 1 September 2018, and commencement dates)","Criminal Code amendments that both re‑link offences to the new Act and change penalty levels and aggravation triggers (cross‑referencing civil penalty orders)","FOI schedule changes that create new categories of exempt documents and modify multiple Schedule 2 entries","Many repeals inside Schedule 7 and other complex repeals/substitutions in the Broadcasting Services Act creating gaps that must be reconciled (repeal of large Parts and clauses)"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Repeals the Enhancing Online Safety Act 2015 and replaces its regulatory references with the new Online Safety Act 2021 (Schedule 1; many items in Schedule 2).  In practice the Act moves online‑safety law from the 2015 framework into the 2021 framework and updates other laws to point at the new statute.\n\n- Updates a large number of other Commonwealth Acts so they refer to the Online Safety Act 2021 (for example, the Broadcasting Services Act 1992, Criminal Code Act 1995, Telecommunications Act 1997, Interactive Gambling Act 2001, Freedom of Information Act 1982 and others) rather than the repealed 2015 Act (Schedule 2, multiple items).\n\n- Preserves continuity of the eSafety Commissioner, existing appointments and determinations (Schedule 3, Part 1, items 1–3). Instruments appointing the Commissioner or acting Commissioner made under the 2015 Act continue to have effect under comparable provisions of the 2021 Act (item 2–3).\n\n- Converts complaints, objection notices and related matters that were started under the 2015 Act but not finally dealt with, so they operate under the equivalent provisions of the 2021 Act (Schedule 3, Part 2, items 4–10).  In short: pending complaints transfer to the new law rather than being extinguished.\n\n- Preserves certain notices and protections that were in force immediately before repeal — social media service notices, end‑user notices and removal notices continue to operate as if the old provisions were still in force for those specific instances (Schedule 3, Part 4, items 12–14; Part 5, items 15–17).\n\n- Sets temporal limits for which historical material the new Online Safety Act provisions will apply to. Key cut‑offs: most cyber‑bullying provisions only apply to material provided after 1 July 2015; intimate‑image provisions only apply to images provided after 1 September 2018; and several other Part 3/Part 5/Part 7 provisions apply only to material provided after those dates or after commencement (Schedule 3, Part 3, item 11).\n\n- Preserves civil and criminal protections for acts done under the old regime (for example, protection from civil suits and criminal liability for actions taken by the Commissioner under the old Act) so persons and the Commissioner are not retrospectively exposed by the repeal (Schedule 3, Part 5 and items 15–17; Part 6 items 18–20).\n\n- Amends the Criminal Code to link certain assisting or technical activities to the eSafety Commissioner’s Part 9 functions, to change defined terms to match the Online Safety Act, and to increase maximum penalties for some offences (Schedule 2, items 59–74; notably items 64–66 increase penalties and adjust the civil‑penalty trigger threshold language).\n\n- Extends Freedom of Information (FOI) treatment to capture documents created under the Online Safety Act structure (for example, defining “exempt online content scheme document” and specifying which bodies hold such documents) (Schedule 2, items 76–91).\n\n- Introduces contingencies: some amendments only commence if other unrelated Acts commence (for example, parts contingent on the Surveillance Legislation Amendment (Identify and Disrupt) Act 2021 or the Federal Circuit and Family Court of Australia Act 2021) (Section 2 commencement table; Schedule 2 Parts 2 and 4).\n\n\n**Who this affects**\n\n- The eSafety Commissioner and the Commissioner’s staff: continuity of office and existing powers are preserved and remapped into the Online Safety Act 2021 (Schedule 3, Part 1).\n\n- Online platforms and services (social media services, relevant electronic services and designated internet services), hosting providers and internet service providers: references in other laws are updated to the Online Safety Act 2021 and industry obligations/codes are re‑located to Part 9 of the new Act (Schedule 2, multiple items).\n\n- Developers and suppliers of content‑filtering technology and entities that assist the Commissioner: the Criminal Code recognises assisting the Commissioner and manufacturing/maintaining content filtering where done under industry codes/standards registered under Part 9 (Schedule 2, items 59 and 68).\n\n- People who made complaints under the old 2015 Act, or are the subject of pre‑commencement removal or notice processes: their matters are preserved and continue under the 2021 Act (Schedule 3, Part 2 and Part 4).\n\n- Anyone whose documents relate to the performance of the Commissioner’s functions: FOI treatment is adjusted to cover documents created under the Online Safety Act (Schedule 2, items 76–91).\n\n- Persons potentially subject to criminal prosecution for online‑safety‑related offences: some maximum penalties are increased and the threshold conditions for aggravated offences are updated to reference contraventions under the Online Safety Act (Schedule 2, items 64–67).\n\n\n**Why it matters (policy and practical effects, tested against costs and incentives)**\n\nThe Act is primarily a technical, transitional and consequential instrument that moves the regulatory architecture from the 2015 statute into the 2021 statute and updates cross‑references across Commonwealth law. That has several practical effects and trade‑offs:\n\n- Legal continuity with limited disruption. The Act preserves ongoing appointments, pending complaints and notices, and protections for acts done under the old law so government actors, complainants and platforms do not face legal gaps or retrospective exposure (Schedule 3, Parts 1–5). This reduces legal uncertainty but requires careful administrative mapping by the Commissioner and regulated entities.\n\n- Consolidation of regulatory reference points. Many other Acts are amended to point to the Online Safety Act 2021 and to the new Part 9 system for industry codes and standards (Schedule 2). The immediate cost is compliance and administrative change for private entities (update policies, legal references, contract terms, privacy/FOI and reporting processes). The benefit is a single, updated statutory reference framework.\n\n- Stronger enforcement architecture in places. Criminal Code amendments link assistance to the eSafety Commissioner and compliant content‑filter manufacturing to registered industry codes/standards, and increase some maximum penalties (Schedule 2, items 59–66). That raises private‑sector incentives to follow registered codes/industry standards and to cooperate with the Commissioner. The trade‑off is higher enforcement exposure where civil penalty history triggers aggravated criminal liability (see items 66–67 which tie criminal aggravation to prior civil penalty orders under the Regulatory Powers Act).\n\n- Expanded discretion and delegated rulemaking. The Act implements the Online Safety Act’s mechanism for industry codes and standards (Division 7 of Part 9 of the Online Safety Act 2021 is referenced repeatedly). That increases scope for rules made through codes/standards (which industry can draft), shifting some regulatory detail from primary legislation to subordinate instruments. This concentrates rulemaking influence among industry actors who draft codes, while giving the Commissioner a role in registration and oversight. Implementation risk: how codes are designed and enforced will shape compliance costs and competitive effects (Schedule 2, multiple items linking to Division 7 of Part 9).\n\n- FOI and secrecy boundaries adjusted. The Act defines “exempt online content scheme document” and amends FOI schedules to include documents about Part 9 functions (Schedule 2, items 76–91). This narrows public access to certain documents, which reduces disclosure risk for the Commissioner and regulated industry but raises transparency and accountability trade‑offs.\n\n- Temporal carve‑outs limit retrospective reach. The Act explicitly limits which historical material the new law covers (e.g. material must have been provided after 1 July 2015 or 1 September 2018 in particular areas) (Schedule 3, Part 3, item 11). That reduces unexpected retrospective liability for providers and individuals but requires careful record‑keeping to show when material was first provided.\n\n\n**Key concrete provisions to note (sections/items cited)**\n\n- Repeal of the Enhancing Online Safety Act 2015: Schedule 1, item 1.\n- Continuity of the eSafety Commissioner: Schedule 3, Part 1, item 1–3.\n- Conversion of pending complaints and objections to the new Act: Schedule 3, Part 2, items 4–10.\n- Temporal cut‑offs for applying new provisions to old material (1 July 2015; 1 September 2018): Schedule 3, Part 3, item 11.\n- Preservation of pre‑commencement notices and protections: Schedule 3, Part 4 and Part 5 (items 12–17).\n- Criminal Code amendments linking assistance and content filtering to Part 9 and increasing penalties: Schedule 2, items 59–66, 68–74.\n- FOI changes defining exempt online content scheme documents and altering Schedule 2 FOI bodies: Schedule 2, items 76–91.\n- Cross‑law updating of references from the 2015 Act or Broadcasting Services Act Schedule 5 to the Online Safety Act: many items in Schedule 2.\n\n\n**Implementation and compliance risks**\n\n- Operational mapping: the Commissioner’s office must map all existing instruments, complaints and notices to the new statutory structure correctly to avoid procedural errors.\n- Industry compliance costs: platforms, hosting providers and filter vendors need to update legal frameworks, processes and possibly technology to align with industry codes/standards under Part 9.\n- Enforcement intensity: increased maximum penalties and linkage between civil penalty history and criminal aggravation could change industry behaviour, potentially raising litigation and enforcement costs.\n- Transparency trade‑offs: FOI exemptions for documents related to Part 9 may limit public scrutiny of how the scheme operates.\n\n\n**Net mechanical effect**\n\nThe Act is not a new policy leap; it is principally a transition and clean‑up instrument that (1) repeals the 2015 Act, (2) reconstitutes the regulatory framework under the Online Safety Act 2021, (3) updates cross‑references in other Commonwealth laws, and (4) preserves continuity, protections and pending matters so the move to the new Act does not produce legal gaps. It also contains consequential substantive changes to enforcement mechanics and penalties in the Criminal Code and to FOI treatment that increase enforcement scope and change disclosure rules (Schedule 2, items noted above)."},"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-transitional-provisions-and-consequential-amendments-act-2021","history":"/api/acts/online-safety-transitional-provisions-and-consequential-amendments-act-2021/history","analysis":"/api/acts/online-safety-transitional-provisions-and-consequential-amendments-act-2021/analysis","conflicts":"/api/acts/online-safety-transitional-provisions-and-consequential-amendments-act-2021/conflicts","importantCases":"/api/acts/online-safety-transitional-provisions-and-consequential-amendments-act-2021/important-cases","documents":"/api/acts/online-safety-transitional-provisions-and-consequential-amendments-act-2021/documents"}}