Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026
Senator PATERSON (Victoria) (10:45): Deputy President, you are correct in your powers of anticipation. I seek leave to move amendments on page 4104, previously circulated by Senator Henderson, as was the previous amendment. Senator Henderson has articulated the coalition's rationale for these amendments, so I won't detain the chamber any longer.
The CHAIR: You don't need leave. You're free to move the amendment. Senator PATERSON: I move opposition amendment on sheet 4104 as circulated: (1) Schedule 1, page 4 (after line 15), at the end of the bill, add: Competition and Consumer Act 2010 7 After Part IV Insert: Part IVAA — Consumer choice of digital safety services Division 1 — Preliminary 51AAB Object of this Part The object of this Part is to promote competition, consumer choice and online safety by ensuring that Australian consumers are able to use third-party digital safety services on devices and operating systems. 51AAC Application This Part applies to a provider of a device operating system if: (a) the provider is a corporation to which paragraph 51(xx) of the Constitution applies; and (b) the operating system is supplied or made available for use in Australia; and (c) the provider has a substantial degree of market power in the supply of device operating systems in Australia.
Division 2 — Consumer choice of digital safety services 51AAD Consumer choice of digital safety services Access to operating system functionality (1) A provider must take reasonable steps to provide third-party digital safety services with access to the operating system functionality reasonably necessary to enable that service to perform its digital safety functions effectively.
(2) The requirement in subsection (1) to take reasonable steps to provide access may include steps in relation to the following: (a) application programming interfaces; (b) permissions and system privileges; (c) device and application usage information; (d) content filtering and access controls; (e) application and website blocking or restriction functionality; (f) screen-time and usage controls; (g) account and device management functionality; (h) any other operating system functionality or technical capability necessary for the effective operation of the digital safety service.
Prohibition on anti-competitive restrictions (3) A provider must not unreasonably: (a) prevent or materially restrict the installation, operation or use of a third-party digital safety service; or (b) withhold, restrict, degrade or delay access to operating system functionality reasonably necessary for the effective operation of a third-party digital safety service; or (c) impose a technical, contractual, commercial or other restriction on a third-party digital safety service that does not apply to an equivalent digital safety service supplied by the provider or a related body corporate; or (d) design or operate the operating system in a manner that materially disadvantages a third-party digital safety service in favour of a digital safety service supplied by the provider or a related body corporate; or (e) require an Australian consumer to use a digital safety service supplied by the provider or a related body corporate as a condition of accessing functionality necessary for digital safety; or (f) otherwise prevent or materially impede an Australian consumer from effectively using a digital safety service of the consumer's choice.
Security and privacy exception (4) A provider does not contravene this section by restricting access to operating system functionality if the provider establishes that the restriction is reasonably necessary and proportionate to address a material risk to: (a) the security or integrity of the device or operating system; or (b) the privacy or security of an end-user.
(5) Subsection (4) does not apply to the extent that the provider, or a related body corporate, provides substantially equivalent access to that functionality for its own digital safety service. Division 3 — Definitions 51AAE Definitions In this Part: digital safety service means software, an application or another digital service that has as a substantial purpose enabling an end-user, parent or guardian to protect or manage a person's use of a device or digital service, including by: (a) filtering, restricting or monitoring content; or (b) managing or restricting access to applications, websites or online services; or (c) imposing screen-time or other usage limits; or (d) managing communications or online interactions; or (e) providing parental controls; or (f) protecting against harmful or age-inappropriate content; or (g) providing other online safety or digital wellbeing functionality. device means a smartphone, tablet, personal computer or other prescribed consumer electronic device. device operating system means software that controls the basic operation of a device and provides the principal interface between applications and the hardware or functionality of the device. third-party digital safety service means a digital safety service that is not supplied by the provider of the relevant device operating system or a related body corporate.
Division 4 — Civil penalty 51AAF Civil penalty (1) A person that contravenes subsection 51AAD(1) or (3) commits a contravention of a civil penalty provision. (2) The maximum pecuniary penalty that may be imposed for a contravention under subsection (1) is the maximum pecuniary penalty applicable under section 76 in relation to a body corporate for a contravention of a section 45AJ.
Division 5 — Monitoring compliance 51AAG Regulations relating to compliance (1) The regulations may prescribe a scheme relating to monitoring compliance with this Part. (2) Without limiting subsection (1), the regulations may may confer on a person or body (including the Commission) functions and powers relating to monitoring compliance with this Part.