eSafety gets stronger powers to enforce age ban
Many children under 16 are still on social media after the ban began. This law lets the online safety watchdog demand papers from anyone who may hold proof. It also doubles the top fines for social media companies.
Official name: Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026
- Social media companies must already take fair steps to keep under-16s off their apps.
- The online safety watchdog can now demand facts and papers from anyone who may hold proof. Before, it could only ask the apps.
- The top fine for a company that breaks the age rules doubles to about $109 million.
- The law passed on 10 September 2026 and was signed the next day.
Who it affects
- Big social media companies: They face fines up to twice as large if they fail to keep under-16s off their apps.
- App stores and age-check companies: They can now be ordered to hand over facts and papers that help test what the apps claim.
- Children under 16 and their parents: The ban stays the same, but the watchdog has more tools to make it work. Some groups worry kids' details could get caught up.
- The online safety watchdog: It gets wider powers to collect proof for court cases against the apps.
Under-16s still on social media
Since 10 December 2025, some social media apps have had to take fair steps to stop Australians under 16 having accounts. This rule is in Part 4A of the Online Safety Act 2021.
The eSafety Commissioner is the government's online safety watchdog. It deals with harm online. It says the apps closed 4.7 million accounts of under-16s by mid-December 2025. Another 310,000 were closed by March 2026.
Many children are still online. A University of Newcastle study asked under-16s about it. More than 86% said they had used a banned app in the week before.
The watchdog is looking into Facebook, Instagram, Snapchat, TikTok and YouTube. She cannot hand out fines herself. She has to prove in court that an app broke the rules. She said she lacks strong powers to do it. This law is the government's answer.
Wider powers to collect evidence
Before this law, the watchdog could only ask the apps for facts. She could also ask companies that might count as one of these apps. She could not demand papers.
Now she can send a written notice to anyone she fairly believes holds useful facts or papers. The notice says what to hand over, how and by when.
The facts must help show if an app is following the age rules. They can also help show if a service counts as one of the banned apps in the first place.
Say an app claims it checks every new user's age. The watchdog could now ask the company that does those age checks for records. She could also ask an app store. That would test the claim.
The government says the company and finance watchdog and the competition watchdog already have powers like this.
The new power also counts under the Privacy Act 1988, the main privacy law, as a power required by law. So groups covered by that Act can collect personal details to answer a notice without breaking it.
Bigger fines for platforms
The law doubles the top fine for three rules, from 30,000 to 60,000 fine units. A fine unit is a set dollar amount. On 1 July 2026 one unit was $364.
The first rule is the duty to take fair steps to keep under-16s off. The other two are about what personal details apps may collect or demand when they check a user's age.
Companies can be fined five times the listed amount. So a company that breaks these rules now faces a top fine of 300,000 units. The Parliamentary Library puts that at about $109.2 million. The Library works for all MPs and takes no side.
The fine for not answering a notice doubles from 500 to 1,000 units. For a company that is about $1.8 million.
The higher fines only apply to things done on or after the day the law started. The new notice powers only apply to notices sent on or after that day.
Start date
The law started the day after it was signed. The Governor-General signs bills into law. The Governor-General is the King's representative in Australia.
Communications Minister Anika Wells brought the bill into the House of Representatives on 29 June 2026. That is the house of Parliament where the government sits. The House passed it on 1 July 2026.
The Senate, the other house of Parliament, sent it to a group of senators to look into. It then passed it on 10 September 2026 with two government changes. The House agreed to those changes the same day.
It was signed into law on 11 September 2026. It is now Act No. 83 of 2026.
How they voted
| Vote | Result |
|---|---|
| Vote on a change House of Representatives, 1 July 2026 Labor 89 no, Liberal 17 aye, Nationals 10 aye, Independent 7 aye, 2 no, LNP 8 aye, Centre Alliance 1 aye, Greens 1 no | Noes won 92 to 43 |
| Vote on the main idea Senate, 9 September 2026 Labor 21 aye, Liberal 11 no, Greens 8 aye, One Nation 4 no, LNP 2 no, Nationals 2 no, Independent 1 aye, Lambie Network 1 aye, Country Liberal 1 no, Australia's Voice 1 no, United Australia 1 no | Ayes won 31 to 22 |
| Vote on the other house's changes House of Representatives, 10 September 2026 Labor 86 aye, Liberal 15 no, LNP 10 no, Nationals 10 no, Independent 9 aye, Greens 1 aye, One Nation 1 no | Ayes won 96 to 36 |
| Vote on the other house's changes House of Representatives, 10 September 2026 Labor 86 aye, Liberal 16 no, LNP 10 no, Nationals 10 no, Independent 8 aye, Greens 1 aye, One Nation 1 no | Ayes won 95 to 37 |
| Vote on a change Senate, 10 September 2026 Labor 21 aye, Liberal 13 no, Greens 10 aye, One Nation 4 no, LNP 2 no, Nationals 2 no, Independent 1 aye, Lambie Network 1 aye, Country Liberal 1 no, Australia's Voice 1 no | Ayes won 33 to 23 |
| Vote on a change Senate, 10 September 2026 Labor 20 no, Liberal 13 aye, Greens 10 no, LNP 2 aye, Nationals 1 aye, Country Liberal 1 aye, Australia's Voice 1 aye, Independent 1 aye, Lambie Network 1 aye | Noes won 30 to 20 |
| Vote on a change Senate, 10 September 2026 Labor 20 no, Greens 10 aye, One Nation 4 no, Liberal 2 no, Australia's Voice 1 aye, Independent 1 aye, Lambie Network 1 aye | Noes won 26 to 13 |
| Vote on a change Senate, 10 September 2026 Labor 20 no, Liberal 12 aye, Greens 10 no, One Nation 4 aye, Nationals 2 aye, LNP 1 aye, Country Liberal 1 aye, Australia's Voice 1 aye, Lambie Network 1 aye, Independent 1 no | Noes won 31 to 22 |
| Vote on a change Senate, 10 September 2026 Labor 20 no, Liberal 12 aye, Greens 10 no, One Nation 4 aye, Nationals 2 aye, LNP 1 aye, Country Liberal 1 aye, Australia's Voice 1 aye, Lambie Network 1 aye, Independent 1 no | Noes won 31 to 22 |
| Vote on a change Senate, 10 September 2026 Labor 20 aye, Liberal 12 no, Greens 10 aye, One Nation 4 no, Nationals 2 no, Independent 1 aye, Lambie Network 1 aye, LNP 1 no, Country Liberal 1 no, Australia's Voice 1 no | Ayes won 32 to 21 |
| Final vote Senate, 10 September 2026 Labor 19 aye, Liberal 11 no, Greens 10 aye, One Nation 4 no, Nationals 2 no, Independent 1 aye, Lambie Network 1 aye, LNP 1 no, Country Liberal 1 no, Australia's Voice 1 no | Ayes won 31 to 20 |
Its journey through Parliament
| 29 Jun 2026 | House of Representatives: Introduced and read a first time |
| 29 Jun 2026 | House of Representatives: Second reading moved |
| 30 Jun 2026 | House of Representatives: Second reading debate |
| 01 Jul 2026 | House of Representatives: Second reading debate |
| 01 Jul 2026 | House of Representatives: Second reading agreed to |
| 01 Jul 2026 | House of Representatives: Third reading agreed to |
| 01 Jul 2026 | Senate: Introduced and read a first time |
| 01 Jul 2026 | Senate: Second reading moved |
| 08 Sep 2026 | Senate: Second reading debate |
| 09 Sep 2026 | Senate: Second reading agreed to |
| 09 Sep 2026 | Senate: Committee of the Whole debate |
| 10 Sep 2026 | Senate: Committee of the Whole debate Amendment details : 2 Government agreed to |
| 10 Sep 2026 | Senate: Third reading agreed to |
| 10 Sep 2026 | House of Representatives: Consideration of Senate message Details : House agreed to Senate amendments |
| 10 Sep 2026 | : Finally passed both Houses |
| 11 Sep 2026 | : Assent Act no : 83 Year : 2026 |