Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 123A

    If the Commissioner is satisfied that there were 2 or more occasions during the previous 12 months on which:

  (a)   class 2 material covered by paragraph   1 07(1)(f), (g), (h), (i), (j), (k) or (l) 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 material can be, or was able to be, accessed by end - users in Australia; and

  (c)   access to the material is not, or was not , subject to a restricted access system; 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 service is provided from Australia; and

  (f)   the provision of the material contravened the service's terms of use;

the Commissioner may:

  (g)   prepare a statement to that effect; and

  (h)   publish the statement on the Commissioner's website; and

  (i)   give a copy of the statement to the provider of the service.