Document ID: chunk:federal_register_of_legislation:C2024C00852:section:108
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 108
Character Range: 153935–155153

108  Restricted access system
 (1) The Commissioner may, by legislative instrument, declare that a specified access‑control system is a restricted access system in relation to material for the purposes of this Act.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
 (2) An instrument under subsection (1) may make different provision with respect to different kinds of material.
 (3) Subsection (2) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
 (4) In making an instrument under subsection (1), the Commissioner must have regard to:
 (a) the objective of protecting children from exposure to material that is unsuitable for children; and
 (b) the extent to which the instrument would be likely to result in a financial or administrative burden on providers of the following services:
 (i) social media services;
 (ii) relevant electronic services;
 (iii) designated internet services; and
 (c) such other matters (if any) as the Commissioner considers relevant.
 (5) The Commissioner must ensure that an instrument under subsection (1) is in force at all times after the commencement of this section.

Division 2—Removal notices relating to class 1 material