Online Safety Amendment (Strengthening Enforcement for the Social Media Minimum Age) Bill 2026; In Committee

Opened the debate

Green moved government amendments to insert Division 4A into the Online Safety Act 2021, granting the eSafety Commissioner powers to summon persons for examination on oath, require document production, and impose penalties for non-compliance. Green argued these powers were essential to enforce the social media minimum age law and hold non-compliant companies to account, noting that big tech often withheld critical information. Green clarified that the powers would only be used where the Commissioner had reasonable grounds to believe a person held relevant information, and confirmed that parents and children would not be targeted for evidence-giving. Green also tabled a supplementary explanatory memorandum and defended the government's urgency in passing the legislation, rejecting claims that the coalition's opposition was principled.

Government response

Green responded to concerns about the scope of examination powers by reiterating that they were consistent with existing Commonwealth enforcement frameworks and would not target parents or children. Green rejected the coalition's amendment to narrow the powers, arguing it would hinder investigations into former employees or third parties holding critical documents. Regarding the opposition's proposal for algorithmic transparency, Green stated it was not appropriate for this bill, which focused on preventing under-16s from accessing social media, but indicated that transparency issues would be addressed in the forthcoming digital duty of care legislation. Green announced that the digital duty of care exposure draft would undergo a two-week consultation before introduction in mid-October.

Opposition response

Henderson opposed the government's examination powers, arguing they constituted draconian overreach that could compel any person, including parents and children, to produce documents, contrary to the government's stated intent. Henderson highlighted evidence from the Senate inquiry indicating high non-compliance rates and criticized the government for rushing the original legislation. Henderson moved amendments to require algorithmic transparency for large platforms and to mandate that tech companies open safety tools to parents, arguing these measures were necessary for accountability and parental control. Henderson also raised concerns about the digital duty of care exposure draft, warning that ministerial powers to define harm without parliamentary oversight threatened free speech.