Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 110

Removal notice given to a hosting service provider

  (1)   If:

  (a)   material is, or has been, provided on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service; and

  (b)   the Commissioner is satisfied that the material is or was class 1 material; and

  (c)   the material can be accessed by end - users in Australia; and

  (d)   the service is not:

  (i)   an exempt Parliamentary content service; or

  (ii)   an exempt court/tribunal content service; or

  (iii)   an exempt official - inquiry content service; and

  (e )   the material is hosted by a hosting service provider;

the Commissioner may give the hosting service provider a written notice, to be known as a removal notice , requiring the provider to:

  (f )   take all reasonable steps to cease hosting the material; and

  (g )   do so within:

  (i)   24 hours after the notice was given to the provider; or

  (ii)   such longer period as the Commissioner allows.

  (2)   So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice.


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