Restricted Access Systems Declaration 1999 (No. 1)

Overview

The Restricted Access Systems Declaration 1999 (No. 1) was enacted to establish minimum system requirements for a 'restricted access system' in compliance with the Broadcasting Services Act 1992. This legislative instrument was introduced by the Australian Broadcasting Authority, which was the regulatory body at the time, to address the need to protect children from exposure to unsuitable internet content. The policy objective was to ensure that children are shielded from content that is not suitable for their age, while also adhering to the principles outlined in the Act concerning the regulation of internet content hosted in Australia and internet carriage services supplied to end-users in Australia. The declaration sets out processes for registration, qualification, and access, ensuring that users must verify their age and use a personal identification number or password to access restricted content.

Scope and Application

The Restricted Access Systems Declaration 1999 (No. 1) applies to restricted access systems that are intended to protect children from exposure to unsuitable Internet content as outlined in the Broadcasting Services Act 1992. These systems are required to meet minimum standards for registration, qualification, and validation, ensuring that users who wish to access certain internet content must verify their age and obtain a personal identification number or password. This declaration applies to any individual or entity providing restricted access systems, which are specifically designed to manage access to internet content that might be inappropriate for minors. The declaration is issued under the Commonwealth jurisdiction and aims to ensure compliance with the national principles for the fair handling of personal information and data security. The application of this declaration extends to all restricted access systems used within Australia and is enforced by the Australian Broadcasting Authority. However, the declaration does not specify any particular exclusions or exemptions; it is designed to be broadly applicable to any restricted access system operating within Australia's jurisdiction.

Key Provisions

The Restricted Access Systems Declaration 1999 (No. 1) outlines the minimum system requirements for a 'restricted access system' under subclause 4(1) of Schedule 5 of the Broadcasting Services Act 1992 (the Act). This declaration, which commences on its gazettal, aims to protect children from exposure to Internet content that is unsuitable for them and is guided by the principles set out in subsection 4(3) of the Act concerning the regulation of Internet content and carriage services. The restricted access system must perform specific functions, such as receiving applications for registration, verifying the age of applicants, and allocating personal identification numbers (PINs) or passwords upon successful verification (section 2). These systems must ensure that access to restricted content is granted only when the correct PIN or password is entered (section 5). The declaration imposes several obligations on the parties involved. For instance, the system must be capable of receiving applications for registration either electronically or in hard copy, with specific mandatory data requirements for each method (sections 3.2 and 3.2.2). These mandatory data items include the applicant’s name, a declaration of being 18 years or older, and either credit card details or a digital signature for electronic applications, and credit card details or evidence of age for hard copy applications (section 3). The system must validate applications according to certain rules and issue PINs or passwords upon successful registration, ensuring these are not shared with third parties under 18 (section 4). Breaches of the system requirements or misuse of the allocated PINs or passwords may lead to various consequences. For example, if a system does not comply with the outlined requirements, it may be subject to review and corrective action if the Australian Broadcasting Authority (ABA) receives a complaint about inappropriate Internet content (section 6). Additionally, the handling of personal information must adhere to privacy standards, and the security of electronic data transfers, such as credit card information, must be ensured through mechanisms like Secure Sockets Layer (SSL) (section 7). The specific penalties or consequences for breaches are not explicitly detailed in the declaration, but non-compliance could result in regulatory action by the ABA.