Restricted Access Systems Declaration 2014

Restricted Access System s Declaration 2014 Broadcasting Services Act 1992 The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under clause 14 of Schedule 7 to the Broadcasting Services Act 1992 . Dated 15 December 2014 Chris Chapman Richard Bean [ signed ] [ signed ] Chair Member/ General Manager Australian Communications and Media Authority Part 1 Preliminary 1 Name of Declaration This Declaration is the Restricted Access Systems Declaration 2014 . 2 Commencement This Declaration commences on 1 January 2015. 3 Revocation This Declaration revokes the Restricted Access Systems Declaration 2007 . 4 Definitions (1) In this Declaration: Act means the Broadcasting Services Act 1992 . age restricted content means either or both of the following: (a) MA 15+ content; (b) R 18+ content. applicant means a person who makes a request for access to age restricted content under paragraph 7 (1) (a) or subsections 1 2 (1) or (2). (2) In this Declaration, the following expressions have the same meaning as in Schedule 7 to the Act:  access ‑ control system  designated content/hosting service provider  MA 15+ content  R 18+ content  restricted access system  service . 5 Purpose of Declaration (1) Under subclause 14 (1) of Schedule 7 to the Act, the ACMA may, by legislative instrument, declare that a specified access ‑ control system is a restricted access system in relation to content for the purposes of Schedule 7 to the Act. (2) This Declaration declares specified access ‑ control systems to be restricted access systems in relation to content for the purposes of Schedule 7 to the Act. Part 2 MA 15+ content 6 Minimum requirements of an access ‑ control system — MA 15+ content (1) For subclause 14 (1) of Schedule 7 to the Act, an access ‑ control system is specified in relation to MA 15+ content if it: (a) requires an application for access to MA 15+ content, as described in section 7 ; and (b) provides warnings and safety information for MA 15+ content, as required by section 8 ; and (c) limits access to MA 15+ content, as required by section 9 . (2) A specified access ‑ control system is declared to be a restricted access system for MA 15+ content. 7 Applying for access to MA 15+ content (1) The access ‑ control system must require an applicant who seeks access to MA 15+ content: (a) to apply for access; and (b) to provide a declaration that the applicant is at least 15 years of age. (2) The application must be made: (a) in writing; or (b) in electronic form; or (c) orally . (3) The declaration must be provided: (a) in writing; or (b) in electronic form. 8 Provision of warnings For each application for access under section 7 , the access ‑ control system must provide to an applicant: (a) a warning about the nature of MA 15+ content; and (b) safety information about how a parent or guardian may control access to MA 15+ content by persons under 15 years of age. 9 Limiting access (1) The access ‑ control system must only provide access to MA 15+ content where: (a) the access ‑ control system has : (i) verified that, at the time the applicant applies for access to the content, the applicant has applied for access and provided a declaration as described in section 7 ; and (ii) provided the warning and safety information described in section 8; or (b) the applicant has been provided with a Personal Identification Number or other means of limiting access to the content which enables the access-control system to verify that: (i) the applicant has previously applied for access and provided a declaration as described in section 7 ; and (ii) the access-control system has previously provided the applicant with the warning and safety information described in section 8 . (2) If the applicant has previously submitted to: (a) the designated content/hosting service provider providing the content; or (b) a person acting on behalf of the designated content/hosting service provider providing the content, a declaration that the applicant is at least 15 years of age, that declaration is sufficient for the purposes of section 7 . (3) For subsection (2) providing the content includes providing, hosting or providing a link to the content. Part 3 R 18+ content 10 Minimum requirements of an access ‑ control system — R 18+ content (1) For subclause 14 (1) of Schedule 7 to the Act, an access ‑ control system is specified in relation to R 18+ content , or R18+ and MA 15+ content if it: (a) requires an application for access to R 18+ content, as described in section 1 1 ; and (b) provides warnings and safety information for R 18+ content, as required by section 1 2 ; and (c) incorporates reasonable steps to confirm the age of applicants, as required by section 1 3 ; and (d) limits access to: (i) R 18+ content; or (ii) R 18+ content and MA 15+ content; as required by section 1 4 . (2) A specified access ‑ control system is declared to be a restricted access system for R 18+ content or for MA 15+ content and R 18+ content. 1 1 Applying for access to R 18+ content (1) The access ‑ control system must require an applicant who seeks access to R 18+ content ; (a) to apply for access ; and (b) to provide a declaration that the applicant is at least 18 years of age. ( 2) The application must be made: (a) in writing; or (b) in electronic form; or (c) orally . (3) The declaration must be provided: (a) in writing; or (b) in electronic form. 1 2 Provision of warnings For each application for access under section 1 1 , the access ‑ control system must provide to an applicant: (a) a warning about the nature of R 18+ content; and (b) safety information about how a parent or guardian may control access to R 18+ content by persons under 18 years of age. 1 3 Confirmation of a ge The access-control system must incorporate reasonable steps to confirm that an applicant is at least 18 years of age. 1 4 Limiting access (1) The access ‑ control system must only provide access to R 18+ content , or R18+ and MA 15+ content, where: (a) the access-control system has : (i) verified that, at the time the applicant applies for access to the content, the applicant has applied for access and provided a declaration as described in section 1 1 ; and (ii) provided the warning and safety information described in section 1 2 ; and (iii) verified that the applicant has met the confirmation of age requirements as described in section 1 3 ; or (b) the applicant has been provided with a Personal Identification Number or other means of limiting access to the content which enables the access-control system to verify that the applicant has: (i) previously applied for access and provided a declaration as described in section 1 1 ; and (ii) previously been provided with the warning and safety information described in section 1 2 ; and (iii) previously met the confirmation of age requirements described in section 1 3 . (2) If the applicant has previously submitted to: (a) the designated content/hosting service provider providing the content; or (b) a person acting on behalf of the designated content/hosting service provider providing the content, information which confirms that the applicant is at least 18 years of age, the access-control system is not required to take any further steps to confirm the applicant’s age in order to provide access to R 18+ content. (3) For subsection (2) providing the content includes providing, hosting or providing a link to the content . .