Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person provides an app distribution service; and
(b) the service enables end-users in Australia to download an app that facilitates the posting of class 1 material on:
(i) a social media service; or
(ii) a relevant electronic service; or
(iii) a designated internet service;
the Commissioner may give the provider of the app distribution service a written notice, to be known as an app removal notice , requiring the provider to:
(c) cease enabling end-users in Australia to download the app 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 app removal notice in a way that is sufficient to enable the app distribution service provider to comply with the notice.
(3) The app removal notice may also require the app distribution service provider to:
(a) notify the Commissioner that the provider has ceased to enable end-users in Australia to download the app; and
(b) do so as soon as practicable after the cessation.
(4) The Commissioner must not give the app removal 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 use the service to download an app that facilitates the posting of class 1 material; 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, the posting of which is facilitated by the app; and
(ii) those removal notices were not complied with.