Australia Social Media Minimum Age Enforcement Act 2026
Act No. 83 of 2026; in force since September 12, 2026
Lets Australia’s eSafety Commissioner summon people and question them under oath, with up to 12 months in prison for refusing, and doubles fines under the under-16 social media ban to A$109.2 million.
Latest update
Commenced
The bill
Official bill recordKey facts
- Where
- Australia
- Bill number
- Act No. 83 of 2026
- Status
- Law
- Introduced
- June 29, 2026
- Takes effect
- September 12, 2026
- Threat
- High
- Last update
- September 12, 2026
Topics
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What it does
The Act adds enforcement powers to Australia’s under-16 social media law and has been in force since September 12, 2026. It doubles the top fine for a platform that fails to keep under-16s off its service to 60,000 penalty units, about A$109.2 million for a company, and doubles the fine for ignoring an information notice to about A$1.8 million. The Commissioner’s written information notices now reach any person the Commissioner reasonably believes holds information about a platform’s compliance, including age check vendors and app stores. Two government amendments added in the Senate went further. The Commissioner can now summon a person to a private examination, put them under oath and require answers. Refusing to attend, to take the oath or to answer is a crime carrying up to 12 months in prison, or a civil fine of up to 1,000 penalty units. A person cannot refuse because an answer might incriminate them, although for individuals most such answers cannot be used against them in later cases. Journalists are excused only where an answer would reveal a confidential source. eSafety can also issue on-the-spot fines of one-fifth of the court maximum.
What’s at stake
The examination power reaches current and former platform staff, age check vendors and anyone else the Commissioner believes knows something, under threat of prison. Larger fines push platforms toward stricter age checks on all users, because demanding more proof of age from everyone is the cheapest way to avoid an A$109 million penalty.
Our take
We oppose this Act. The under-16 ban already pushes age checks onto every Australian user. This law gives a single regulator prison-backed powers of interrogation and raises fines that reward platforms for checking harder. The examination powers arrived late, as Senate amendments, after the committee inquiry had already reported on the bill.
Timeline
CommencedLatest
Royal Assent as Act No. 83 of 2026
Passed both Houses; two government amendments added the examination powers
Senate second reading agreed; Committee of the Whole debate
Senate second reading debate
Senate committee reported on the bill
Passed the House; introduced in the Senate and referred for committee inquiry
Introduced in the House of Representatives; first reading and second reading moved
The record
Sponsor
Anika Wells (Minister for Communications; Australian Government)
Committee
Senate Environment and Communications Legislation Committee
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