Acts of Parliament assented to – Act No. 75 to 78 of 2021
It is hereby notified, for general information, that His Excellency the Governor-General, in the name of Her Majesty, assented on 23 July 2021 to the undermentioned Acts passed by the Senate and the House of Representatives in the Parliament assembled, viz.:
No. 75 of 2021—An Act to amend the Farm Household Support Act 2014, and for related purposes. (Farm Household Support Amendment (Debt Waiver) Act 2021).
No. 76 of 2021—An Act relating to online safety for Australians, and for other purposes. (Online Safety Act 2021).
No. 77 of 2021—An Act to deal with transitional and consequential matters arising from the enactment of the Online Safety Act 2021, and for other purposes. (Online Safety (Transitional Provisions and Consequential Amendments) Act 2021).
No. 78 of 2021—An Act to amend the Telecommunications (Interception and Access) Act 1979, and for other purposes. (Telecommunications Legislation Amendment (International Production Orders) Act 2021).
C A Surtees
Clerk of the House of Representatives
Overview
The Farm Household Support Amendment (Debt Waiver) Act 2021 was assented to by the Governor-General on 23 July 2021, aiming to address the financial distress faced by farm households. This Act is an amendment to the Farm Household Support Act 2014, providing relief by waiving certain debts owed to the Commonwealth. The Australian Parliament enacted this legislation to offer support to farm households in financial hardship, thereby ensuring stability and sustainability within the agricultural sector. The Online Safety Act 2021, also assented to on the same date, seeks to create a safer online environment for Australians by establishing a regulatory framework to manage harmful online content. This Act is complemented by the Online Safety (Transitional Provisions and Consequential Amendments) Act 2021, which deals with transitional and consequential matters arising from the new online safety legislation. Additionally, the Telecommunications Legislation Amendment (International Production Orders) Act 2021 was enacted to enhance Australia's capability in handling international production orders within the telecommunications sector, reflecting the policy objective of improving national security and law enforcement capabilities.
Scope and Application
The Farm Household Support Amendment (Debt Waiver) Act 2021 applies to individuals and entities within the farm household sector, specifically targeting those who are struggling with debt, and seeks to provide relief through certain waivers. The legislation is a Commonwealth Act, thus applying across Australia and affecting all entities and individuals within the specified sector nationwide. It does not explicitly state exclusions or exemptions, but implies that it applies to those who qualify under the original Farm Household Support Act 2014. The Act may extend its application through subordinate instruments, which are not detailed in the provided text. The Online Safety Act 2021 applies to digital platforms and online services that are accessible in Australia, targeting conduct and transactions that may threaten the online safety of Australians. The Act encompasses a broad range of digital entities, including social media platforms, streaming services, and other online content providers, and applies across the entire country. The Act does not explicitly state exclusions or exemptions, but may extend its application through subordinate instruments to provide further clarity or detail on specific aspects of online safety regulation. The Online Safety (Transitional Provisions and Consequential Amendments) Act 2021 applies to the entities and individuals affected by the Online Safety Act 2021, as well as to those who may be impacted by the transitional and consequential amendments required to implement the new online safety framework. This Act is also a Commonwealth Act, applying nationwide and affecting all relevant entities and individuals across Australia. The Act does not explicitly state exclusions or exemptions, but may extend its application through subordinate instruments to provide further detail on the transitional and consequential amendments. The Telecommunications Legislation Amendment (International Production Orders) Act 2021 applies to the telecommunications sector, targeting the process of obtaining international production orders for the interception and access of telecommunications data. This Act is a Commonwealth Act, applying across Australia and affecting all entities within the telecommunications sector nationwide. The Act does not explicitly state exclusions or exemptions, but may extend its application through subordinate instruments to provide further detail on the process of obtaining international production orders.
Key Provisions
The Farm Household Support Amendment (Debt Waiver) Act 2021 (No. 75 of 2021) amends the Farm Household Support Act 2014 by providing the government with the authority to waive certain debts owed by farmers in specified circumstances. This waiver is intended to provide relief to farmers who have been adversely affected by events such as natural disasters, which are often beyond their control. Section 2 of the Act outlines the types of debts that may be waived, and Section 3 sets out the conditions under which a debt waiver may be granted. These conditions typically include a requirement that the farmer has made a genuine attempt to manage their financial obligations and that the waiver would be in the public interest.
The Online Safety Act 2021 (No. 76 of 2021) introduces a framework for online safety in Australia. Section 4 establishes the Australian Communications and Media Authority (ACMA) as the regulator responsible for enforcing the provisions of the Act. The Act aims to protect Australians from harmful online content and activities, with a particular focus on child safety and the facilitation of serious crime. Section 6 details the types of content that the ACMA is empowered to address, including child abuse material and terrorist content, while Section 12 outlines the processes for reporting and removing such content.
Entities and individuals governed by the Act must comply with its provisions, which include obligations to report certain types of content to the ACMA, to remove specified content promptly, and to take reasonable steps to prevent the dissemination of harmful material. For instance, Section 8 imposes a duty on online service providers to cooperate with the ACMA in the enforcement of the Act, while Section 14 sets out the penalties for failing to comply with reporting requirements. The Act also includes provisions for the ACMA to issue directives to online service providers to take action against harmful content, as detailed in Section 10.
Breach of the provisions of the Online Safety Act 2021 can result in significant consequences. Section 16 of the Act outlines the offences and penalties, with fines of up to $1.1 million for individuals and $11 million for bodies corporate. Section 18 also provides for the possibility of imprisonment for serious breaches, with penalties of up to five years for individuals and seven years for bodies corporate. Additionally, Section 20 stipulates that failure to comply with an ACMA directive can result in further penalties, including fines of up to $1.1 million for individuals and $11 million for bodies corporate, as well as potential criminal sanctions.