Document ID: chunk:federal_register_of_legislation:C2024A00127:clause:1_63da
Version: federal_register_of_legislation:C2024A00127
Segment Type: clause
Provision Reference: sch 1 cl 63DA
Character Range: 7162–8365

63DA  Information that must not be collected
 (1) A provider of an age‑restricted social media platform must not collect information:
 (a) for the purpose of complying with section 63D; or
 (b) for purposes that include the purpose of complying with section 63D;
if the information is of a kind specified in the legislative rules.
Civil penalty: 30,000 penalty units.
 (2) Before making legislative rules specifying a kind of information for the purposes of subsection (1), the Minister:
 (a) must seek advice from the Commissioner, and must have regard to that advice; and
 (b) must seek advice from the Information Commissioner, and must have regard to that advice.
 (3) Section 63D does not apply to the provider of an age‑restricted social media platform if, because of legislative rules made for the purposes of subsection (1) of this section, there are no reasonable steps that the provider could take in order to comply with section 63D.
Note: In proceedings for a civil penalty order against a person for a contravention of section 63D, the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers (Standard Provisions) Act 2014).