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ONLINE SAFETY ACT 2021 - SECT 220

Review of decisions by the Administrative Appeals Tribunal

Notice under section   4 9 or 56

  (1)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner to give a notice under section   4 9 or 56.

R emoval notice -- cyber - bullying , intimate images and cyber - abuse

  (2)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   6 5 , 77 or 88 to give a removal notice to the provider of:

  (a)   a social media service; or

  (b)   a relevant electronic service; or

  (c)   a designated internet service.

  (3)   An application under subsection   ( 2 ) may only be made by:

  (a)   the provider of the social media service, relevant electronic service or designated internet service; or

  (b)   if the material that is the subject of the notice was posted on the service by an end - user of the service-- the end - user.

  (4)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner to refuse to give the provider of:

  (a)   a social media service; or

  (b)   a relevant electronic service; or

  (c)   a designated internet service;

a section   6 5 , 77 or 88 removal notice that relates to material provided on the service.

  (5)   An application under subsection   ( 4 ) may only be made:

  (a)   by a person who made a section   3 0 , 32 or 36 complaint about the material provided on the service; or

  (b)   in the case of a refusal to give a section   6 5 or 88 removal notice-- by, or with the consent of, the person who was the target of the material provided on the service ; or

  (c)   in the case of a refusal to give a section   7 7 removal notice that relates to an intimate image of a person--by, or with the consent of, that person.

  (6)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   6 6 , 79 or 90 to give a removal notice to a hosting service provider.

  (7)   An application under subsection   ( 6 ) may only be made by:

  (a)   the hosting service provider; or

  (b)   if the material that is the subject of the notice was posted on the service by an end - user of the service--the end - user.

  (8)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner to refuse to give a hosting service provider a section   6 6 , 79 or 90 removal notice that relates to material hosted by the provider.

  (9)   An application under subsection   ( 8 ) may only be made:

  (a)   by a person who made a section   3 0, 32 or 36 complaint about the material ; or

  (b)   in the case of a refusal to give a section   6 6 or 90 removal notice--by, or with the consent of, the person who was the target of the material provided on the service; or

  (c)   in the case of a refusal to give a section   7 9 removal notice that relates to an intimate image of a person--by, or with the consent of, that person.

End - user notice

  (10)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   7 0 to give an end - user notice.

Removal notice--end - user

  (10A)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   7 8 or 89 to give a removal notice.

Removal notice--o nline content scheme

  (11)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   1 09 , 110 , 114 or 115 to give a removal notice.

Remedial direction

  (12)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   8 3 to give a remedial direction.

Blocking notice

  (13)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   9 9 to give a blocking notice.

Remedial notice

  (14)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   1 19 or 120 to give a remedial notice.

Link deletion notice

  (15)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   1 24 to give a link deletion notice.

App removal notice

  (16)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   1 28 to give an app removal notice.

Decisions under section   1 40

  (17)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   1 40 to refuse to register a n industry code.

  (18)   An application under subsection   ( 17 ) may only be made by the body or association that developed the code.

Decisions under section   1 43

  (19)   An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section   1 43 to:

  (a)   give a direction to a person; or

  (b)   vary a direction that is applicable to a person; or

  (c)   refuse to revoke a direction that is applicable to a person.

  (20)   An application under subsection   ( 1 9 ) may only be made by the person concerned.

Decisions under subsection   1 51 (5) or section   1 54

  (21)   An application may be made to the Administrative Appeals Tribunal for a review of any of the following decisions made by the Commissioner:

  (a)   a decision of a kind referred to in subsection   1 51 (5) (which deals with administrative decisions under service provider determinations), where the decision relates to a person;

  (b)   a decision under section   1 54 to:

  (i)   give a direction to a person ; or

  (ii)   vary a direction that is applicable to a person ; or

  (iii)   refuse to revoke a direction that is applicable to a person .

  (22)   An application under subsection   ( 2 1 ) may only be made by the person concerned.


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