Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026

The short answer

Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026

The Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026 is a government bill that amends the Online Safety Act 2021 to strengthen enforcement mechanisms for the social media minimum age restriction. According to the official summary on the Parliament of Australia bill page, the bill would amend the Online Safety Act 2021 in relation to the operation of the social media minimum age framework by expanding the eSafety Commissioner's information-gathering powers and increasing civil penalties for non-compliance. The bill passed the House of Representatives on 1 July 2026 — where it was debated, agreed to at second reading, and passed at third reading — and was introduced in the Senate the same day. It was referred to the Senate Environment and Communications Legislation Committee, which was due to report by 25 August 2026. The Senate debated the bill on 8 and 9 September 2026 and passed it with amendments; the House of Representatives considered the Senate's message on 10 September 2026, so the bill has now passed both houses in identical form and awaits Royal Assent. It had not been enacted as at 12 September 2026.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill proposes

The Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026 proposes amendments to the Online Safety Act 2021. According to the official summary on the Parliament of Australia bill page, the bill would amend the Online Safety Act 2021 in relation to the operation of the social media minimum age framework by expanding the eSafety Commissioner's information-gathering powers and increasing civil penalties for non-compliance. If enacted, the bill's purpose would be to strengthen the enforcement framework for restrictions that prevent children below a specified minimum age from accessing social media platforms. Commentary on the bill notes that it would substantially increase, and double, the maximum penalties that can apply for non-compliance.

Australia has been at the forefront of global efforts to regulate social media access for children. The Online Safety Act 2021, administered by the eSafety Commissioner, already provides a framework for online safety regulation, including the power to issue remedial notices to platforms and to require the development of industry codes. If passed, this bill would build on that framework by strengthening specific enforcement mechanisms relating to age restrictions on social media platforms.

The bill is a government bill under the Infrastructure, Transport, Regional Development, Communications, Sport and the Arts portfolio. The Explanatory Memorandum was circulated by authority of the Minister for Communications.

Evidence review

Background: social media minimum age regulation in Australia

The regulation of social media access for children has been the subject of significant policy attention in Australia. The government has committed to establishing a minimum age for social media access, aimed at protecting children from online harms including cyberbullying, exposure to inappropriate content, and the mental health impacts associated with social media use.

The Online Safety Act 2021 provides the eSafety Commissioner with a range of powers, including the ability to issue removal notices for cyberbullying content, adult cyber abuse, and image-based abuse. The Act also establishes a framework for industry codes and standards that apply to social media services, messaging services, and other online platforms. The bill would add to this regulatory framework by providing more robust enforcement options for age-verification and age-restriction obligations.

On 8 September 2026 the Prime Minister and the Minister for Communications released draft legislation for a broader Digital Duty of Care for targeted consultation, alongside an Australian-first 'My Feed, My Way' initiative that would give users over 16 control over their default social media feed. That draft is separate from this bill and is yet to be introduced, but it shows the direction of the government's online safety program while this bill moves through Parliament.

Evidence review

Enforcement mechanisms

Strengthening enforcement typically involves giving the regulator — in this case, the eSafety Commissioner — additional powers to compel compliance from social media platforms. This can include higher civil penalty amounts, infringement notice powers, enforceable undertakings, court injunctions, or the ability to require platforms to provide information about their compliance with age-restriction obligations.

Under the bill as described in the official summary on the Parliament bill page, the strengthened enforcement package would take two specific forms: expanded information-gathering powers for the eSafety Commissioner and increased civil penalties for non-compliance with the social media minimum age framework.

The bill also addresses the practical challenges of enforcing age restrictions, including how platforms verify the age of their users and what obligations they have to prevent underage users from creating or maintaining accounts. Age assurance technologies — including age estimation, age verification, and parental consent mechanisms — are evolving, and regulatory frameworks are being developed to keep pace.

Evidence review

Progress through Parliament

The bill passed the House of Representatives on 1 July 2026. The parliamentary record shows the following sequence in the House: the bill was introduced and read a first time on 29 June 2026; the second reading was moved the same day; second reading debate occurred on 30 June and 1 July 2026; the second reading was agreed to on 1 July 2026; and the third reading was agreed to on 1 July 2026. The bill was then transmitted to the Senate for consideration.

In the Senate, the bill was introduced and read a first time on 1 July 2026, and the second reading was moved the same day. The bill was referred to the Senate Environment and Communications Legislation Committee, which was required to report by 25 August 2026. Two second reading amendments were proposed in the House — one by Mr Ryan and one by Ms McIntosh — which indicates there was some effort by non-government members to modify or comment on the bill during its passage through the House.

The Senate debated the bill on 8 and 9 September 2026, with the committee considering the bill and amendments. The Senate passed the bill with amendments, and the House of Representatives considered the Senate's message on 10 September 2026. The bill has therefore passed both houses and awaits Royal Assent. A revised explanatory memorandum accompanies the amended version of the bill, and supersedes the earlier explanatory memorandum.

Evidence review

Proposed amendments and parliamentary debate

The existence of two second reading amendments (from Mr Ryan and Ms McIntosh) indicates that the bill attracted some debate in the House of Representatives. Second reading amendments can propose to alter the bill's provisions or to express a particular view about the bill without directly amending its text. The fact that the bill nonetheless passed with its second and third readings agreed to suggests the government maintained support for its passage.

The parliamentary debate on this bill addressed the key policy questions raised by the proposed enforcement framework, including the effectiveness of age verification technologies, the balance between protecting children and respecting privacy, the impact on platforms' business models, and whether the enforcement powers are proportionate. Those issues were also raised during the bill's consideration in the Senate, where the bill was amended before it passed.

Evidence review

Who would be affected

The bill would primarily affect social media platforms and other online services that fall within the scope of the Online Safety Act 2021 and the minimum age framework. These platforms would be subject to strengthened enforcement mechanisms operated by the eSafety Commissioner, including expanded information-gathering powers and higher civil penalties.

The bill would also affect children and their parents or guardians, as it forms part of the regulatory framework designed to restrict children's access to social media. The eSafety Commissioner would be granted enhanced enforcement powers. The bill may also have implications for digital rights and privacy advocates, technology providers of age assurance systems, and the broader online safety ecosystem.

Evidence review

Chamber record cross-check

The bill's House of Representatives stages on 29 June and 1 July 2026 are recorded in the House Hansard and the bill progress record, including the two second reading amendments from Mr Ryan and Ms McIntosh. The bill's Senate stages on 8 and 9 September 2026, including the amendments made in the committee of the whole, are recorded in the Senate Hansard for those sittings, and the House division of 10 September 2026 records the House's consideration of the Senate message.

Hansard and chamber voting records are point-in-time records of proceedings. Passage through both houses is evidence that the bill has completed its parliamentary stages, but Royal Assent and commencement are separate events. Readers should use the Parliament of Australia bill history and, once available, the Federal Register of Legislation to confirm assent and commencement. As at 12 September 2026 the bill had not been recorded as an enacted Act.

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