Australia Social Media Minimum Age Enforcement Act 2026
Act No. 83 of 2026; in force since September 12, 2026
Expands eSafety’s information-gathering powers and doubles maximum civil penalties under Australia’s social media minimum-age framework.
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 bill strengthens enforcement of the existing under-16 account restrictions. It extends compulsory information and document notices beyond social media platforms to people holding relevant material, including age-assurance providers. The Commissioner must reasonably believe the material is relevant to the minimum-age framework. It also doubles maximum civil penalties for breaches of the minimum-age obligations and information notices. It passed the House on July 1, 2026; the Senate agreed to second reading on September 9 and began Committee of the Whole consideration. It is not yet law.
What’s at stake
Broader disclosure powers reach companies involved in checking users’ ages, while larger penalties increase the incentive to exclude users or subject them to more intrusive checks. These are privacy and access risks arising from stronger enforcement, not a new express requirement that every user upload government ID.
Our take
We oppose this expansion of the age-gating regime. Giving eSafety stronger compulsory disclosure powers and increasing enforcement pressure compounds the underlying threat to private, anonymous participation online. This is a separate bill from both the original under-16 law and the Digital Duty of Care consultation draft.
Timeline
CommencedLatest
Royal Assent as Act No. 83 of 2026
Passed both Houses with two government amendments
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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