Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 124

Link deletion notice

  (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 , requ ir ing 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   1 09 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.


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