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ONLINE SAFETY ACT 2021 - SECT 128

App removal notice

             (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.



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