What is the financial risk for failing to block underage users?

Corporations face maximum civil penalties of $49.5 million, or 150,000 penalty units, for failing to take reasonable steps to prevent access. This enforcement regime begins on 10 December 2025 following a one-year grace period.

Is a simple age-gate pop-up enough to comply?

No, the regulator has explicitly rejected self-declaration as a sufficient standalone measure. Platforms must implement a layered approach including biometric estimation and document verification to meet the 16-year age minimum requirement.

How does the new law change how we handle user data?

Section 63F mandates the immediate destruction of personal information used for age verification once the check is complete. This creates a technical paradox where platforms must verify users but cannot retain the data needed to block them from re-registering with false details.

When will the government evaluate if these rules are actually working?

An independent review of the new Part 4A legislation is mandated for 2027. This review will assess the effectiveness of the technical requirements and the dual-regulatory roles of the eSafety Commissioner and the OAIC.

Digital Regulation

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Australia’s Social Media Minimum Age Scheme

New legislation mandates a 16-year minimum age for social media, requiring platforms to take 'reasonable steps' by December 2025.

David Kennedy · Venture Insights14 November 2025Period: November 202512 min read

16→

Minimum age for Australians to hold accounts on designated social media platforms

$49.5 million↑

Maximum civil penalty for corporations failing to take reasonable steps (150,000 penalty units)

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Companies covered:

Abstract

This explainer details the legislative framework of the Online Safety Amendment (Social Media Minimum Age) Act 2024. It examines the core 'reasonable steps' obligation, the technical requirements for age assurance, and the dual-regulatory roles of the eSafety Commissioner and the OAIC. The report highlights critical compliance challenges, including the 'Privacy Paradox' created by conflicting safety and data destruction mandates, and outlines the timeline for enforcement and future legislative review.

Key Takeaways

The Online Safety Amendment (Social Media Minimum Age) Act 2024 establishes a world-first regulatory framework for users under 16.
Platforms must take 'reasonable steps' to prevent underage access, with enforcement beginning 10 December 2025.
The eSafety Commissioner explicitly rejects simple self-declaration of age as a sufficient standalone compliance measure.

Australia’s Social Media Minimum Age Scheme

Abstract

Key Takeaways

What's Inside

The Legislative Framework

Identifying "Age-Restricted Social Media Platforms"

The "Reasonable Steps" Obligation and Age Assurance

Co-Regulation, Data Protection, and Section 63F

Enforcement, Penalties, and Public Awareness

Frequently Asked Questions

Abstract

Key Takeaways

What's Inside

The Legislative Framework

Identifying "Age-Restricted Social Media Platforms"

The "Reasonable Steps" Obligation and Age Assurance

Co-Regulation, Data Protection, and Section 63F

Enforcement, Penalties, and Public Awareness

Frequently Asked Questions

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