Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:22:p1
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 22 (pt 1/2)
Character Range: 51415–54445

22  Development programs
 (1) This section applies to the following:
 (a) a pre-assessed relevant electronic service; and
 (b) a Tier 1 relevant electronic service;
for a calendar year if the average monthly number of active end-users of the service, in Australia, over the immediate previous calendar year was 1,000,000 or more.
 (2) The provider of the service must establish and implement, for the calendar year, a program of investment and development activities (development program) in respect of systems, processes and technologies.
Note: See also section 35.
 (3) A development program must include:
 (a) investments and activities designed to develop systems, processes and technologies that enhance the ability of the provider or of other providers of relevant electronic services:
 (i) to detect and identify child sexual abuse material or pro-terror material (including known child sexual abuse material and known pro-terror material) on the service; and
 (ii) to deter end-users of the service from using the service, and to disrupt attempts by end-users of the service to use the service, to solicit, generate, create, access, distribute or store child sexual exploitation material or pro-terror material (including known child sexual abuse material and known pro-terror material); and
 (iii) to reduce the risk to the online safety of end-users in Australia in relation to class 1A material or class 1B material generated by artificial intelligence; and
 (b) arrangements for cooperating and collaborating with other organisations in activities of the kind referred to in paragraph (a) and to enhance online safety for Australians.
 (4) A development program may include arrangements for the provider to make available to other providers of relevant electronic services, or organisations engaged in promoting online safety for Australians, systems, processes and technologies of a kind referred to in paragraph (3)(a) (including making them available without charge).
 (5) The value and scale of the investment and development activities implemented in a calendar year must effectively address the need to enhance the ability of the provider to do the things mentioned in subsection (3), having regard to the nature and functionalities of the service concerned and the average monthly number of active end-users of the service, in Australia over the immediate previous calendar year.
 (6) Examples of activities that may be part of a provider's development program include:
 (a) joining industry organisations intended to address serious online harms; and
 (b) sharing information on best practice approaches relevant to the service; and
 (c) working with the Commissioner to share information, intelligence, best practice and other information relevant to addressing categories of class 1A material or class 1B material that are relevant to the service; and
 (d) collaborating with non-government or other organisations that facilitate the sharing of information, intelligence, best practices and other information