A provider of an age-restricted social media platform must take reasonable steps to prevent age-restricted users (Australian children under 16) having accounts with the platform. The obligation took effect on the day the Minister specified under s 63E (10 December 2025, as eSafety's July 2026 submission on the draft Children's Online Privacy Code records) and covers every account existing on or after that day, including accounts created before it. The Commissioner formulates and promotes guidelines on the reasonable steps (s 27(1)(qa) and (qb)). Civil penalty 60,000 penalty units for conduct on or after 12 September 2026 (30,000 before, Act No. 83 of 2026); infringement notices at one-fifth of the court maximum per contravention (s 163A); enforceable undertakings and injunctions; a published statement of contravention (s 63J). The duty does not apply where rules under s 63DA leave no reasonable steps available (s 63DA(3)).
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