Australia

National jurisdiction · as of 2026-07-15

Australia's Online Safety Amendment (Social Media Minimum Age) Act 2024 requires age-restricted social media platforms to take reasonable steps to stop under-16s holding accounts, an obligation that took effect on 10 December 2025 and remains in force despite a pending High Court constitutional challenge that has not produced an injunction. Separately, nine eSafety-registered industry codes made under the Online Safety Act 2021 require age assurance for Class 1C and Class 2 material such as online pornography across search engines, websites and generative AI services, and app distribution platforms, phasing in between December 2025 and September 2026. A statutory children's online privacy design code is still in development: an exposure draft under section 26GC of the Privacy Act 1988 is out for consultation, but the Code need not be registered until 10 December 2026, so no enforceable design code exists yet. eSafety's voluntary Safety by Design principles and its 2023 age verification roadmap report informed this framework but are not themselves binding instruments.

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Instruments on record

Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material)

In force

Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material), registered under section 140 of the Online Safety Act 2021 (Cth)

Effective 2025-12-27 · Applies to private

Requires providers of internet search engine services, such as Google Search and Bing, to implement appropriate age assurance measures so that account holders are checked as over or under 18 before search results can surface Class 1C or Class 2 material, including online pornography. Registered by the eSafety Commissioner on 27 June 2025, with the age assurance measure itself required within 6 months of the code coming into effect, by 27 June 2026.

Age threshold18
Verification methodsgov id, facial estimation, third party service
PenaltiesA direction to comply with the code that is not followed is enforceable through civil penalty proceedings under the Online Safety Act 2021.
Enforcement bodyeSafety Commissioner

Source: Internet Search Engine Services Online Safety Code (Class 1C and Class 2 Material), registered under section 140 of the Online Safety Act 2021 (Cth)

Designated Internet Services Online Safety Code (Class 1C and Class 2 Material)

In force

Designated Internet Services Online Safety Code (Class 1C and Class 2 Material), registered under section 140 of the Online Safety Act 2021 (Cth)

Effective 2026-03-09 · Applies to private

Requires providers of designated internet services, including websites hosting online pornography and generative AI services capable of producing Class 1C or Class 2 material, to implement age assurance and access controls to prevent access by children in Australia. Registered by the eSafety Commissioner on 9 September 2025.

Age threshold18
Verification methodsgov id, facial estimation, third party service
PenaltiesA direction to comply with the code that is not followed is enforceable through civil penalty proceedings under the Online Safety Act 2021.
Enforcement bodyeSafety Commissioner

Source: Designated Internet Services Online Safety Code (Class 1C and Class 2 Material), registered under section 140 of the Online Safety Act 2021 (Cth)

App Distribution Services Online Safety Code (Class 1C and Class 2 Material)

In force

App Distribution Services Online Safety Code (Class 1C and Class 2 Material), registered under section 140 of the Online Safety Act 2021 (Cth)

Effective 2026-03-09 · Applies to private

Requires app store and app distribution platform operators, such as the Apple App Store and Google Play, to take reasonable steps, including age assurance and access controls, before permitting the download or purchase of an app containing Class 1C or Class 2 material such as pornography. Registered by the eSafety Commissioner on 9 September 2025, with the age assurance measure required within 6 months of commencement, by about 9 September 2026.

Age threshold18
Verification methodsgov id, facial estimation, third party service
PenaltiesA direction to comply with the code that is not followed is enforceable through civil penalty proceedings under the Online Safety Act 2021.
Enforcement bodyeSafety Commissioner

Source: App Distribution Services Online Safety Code (Class 1C and Class 2 Material), registered under section 140 of the Online Safety Act 2021 (Cth)

Children's Online Privacy Code (Privacy Act 1988, section 26GC)

Proposed

Privacy Act 1988 (Cth), section 26GC, inserted by the Privacy and Other Legislation Amendment Act 2024 (Cth), No. 128, 2024

Applies to private

Requires the Australian Information Commissioner to develop and register an Australian Privacy Principles code addressing the privacy of children, covering social media services, relevant electronic services and designated internet services likely to be accessed by children, within 24 months of the amending Act's Royal Assent on 10 December 2024, that is, by 10 December 2026. An exposure draft, drawing partly on the UK Age Appropriate Design Code, was released for public consultation from 31 March to 5 June 2026 and includes proportionate age assurance and limits on retaining facial age estimation data, but the Code is not yet finalised or registered.

PenaltiesA breach of the registered code will be treated as an interference with privacy under the Privacy Act 1988, subject to the Act's existing civil penalty framework.
Enforcement bodyOffice of the Australian Information Commissioner (OAIC)

Source: Privacy Act 1988 (Cth), section 26GC, inserted by the Privacy and Other Legislation Amendment Act 2024 (Cth), No. 128, 2024

Online Safety (Age-Restricted Social Media Platforms) Rules 2025

In force

Online Safety (Age-Restricted Social Media Platforms) Rules 2025 (Cth), F2025L00889, made under the Online Safety Act 2021 (Cth)

Effective 2025-07-30 · Applies to private

Legislative instrument made by the Minister for Communications, registered and commencing on 30 July 2025, that excludes specified categories of service from the age-restricted social media platform definition, so the section 63D minimum age obligation (which itself commenced 10 December 2025) does not apply to them.

Age threshold16
Enforcement bodyeSafety Commissioner

Source: Online Safety (Age-Restricted Social Media Platforms) Rules 2025 (Cth), F2025L00889, made under the Online Safety Act 2021 (Cth)

Online Safety Amendment (Social Media Minimum Age) Act 2024

In force

Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth), No. 127, 2024, inserting Part 4A into the Online Safety Act 2021 (Cth), No. 76, 2021

Effective 2025-12-10 · Applies to private

Requires a provider of an age-restricted social media platform to take reasonable steps to prevent Australians under 16 from having an account. Received Royal Assent on 10 December 2024 and the section 63D civil penalty obligation commenced 12 months later, on 10 December 2025.

Age threshold16
Verification methodsfacial estimation, third party service, transactional data, self declaration
PenaltiesCivil penalty of up to 150,000 penalty units for a body corporate, currently equivalent to about $49.5 million AUD, for systemic non-compliance under section 63D.
Enforcement bodyeSafety Commissioner
Private suitsno

Litigation: Digital Freedom Project (for plaintiffs Macy Neyland and Noah Jones) v Commonwealth of Australia, High Court of Australia, plus a related challenge pursued by Reddit Inc (High Court of Australia). On 4 December 2025 the High Court agreed to hear a constitutional challenge based on the implied freedom of political communication. No injunction was granted, so the section 63D obligation took effect as scheduled on 10 December 2025 and remains in force while the challenge proceeds.

Source: Online Safety Amendment (Social Media Minimum Age) Act 2024 (Cth), No. 127, 2024, inserting Part 4A into the Online Safety Act 2021 (Cth), No. 76, 2021