Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person provides an internet search engine service; and
(b) end-users in Australia can access class 1 material using a link provided by the service;
the Commissioner may give the provider of the service a written notice, to be known as a link deletion notice , requiring the provider to:
(c) cease providing a link to the material using the service; and
(d) 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 link deletion notice in a way that is sufficient to enable the internet search engine service provider to cease providing a link to the material.
(3) The link deletion notice may also require the internet search engine service provider to:
(a) notify the Commissioner that the provider has ceased to provide a link to the material; and
(b) do so as soon as practicable after the cessation.
(4) The Commissioner must not give the link deletion notice unless:
(a) the Commissioner is satisfied that there were 2 or more times during the previous 12 months when end-users in Australia could access class 1 material using a link provided by the service; and
(b) during the previous 12 months:
(i) the Commissioner gave one or more removal notices under section 109 or 110 in relation to class 1 material that could be accessed using a link provided by the service; and
(ii) those removal notices were not complied with.