Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 224

Referral of matters to law enforcement agencies

  (1)   If:

  (a)   in the performance of a function, or the exercise of a power, conferred on the Commissioner, the Commissioner becomes aware of particular material provided on a social media service, relevant electronic service or designated internet service; and

  (b)   the Commissioner is satisfied that the material is of a sufficiently serious nature to warrant referral to a law enforcement agency;

the Commissioner must notify the material to:

  (c)   a member of an Australian police force; or

  (d)   if there is an arrangement between:

  (i)   the Commissioner; and

  (ii)   the chief (however described) of an Australian police force under which the Commissioner is authorised to notify the material to another person or body;

    that other person or body.

Referral to law enforcement agency

  (2)   The manner in which material is to be notified under paragraph   ( 1)(c ) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between:

  (a)   the Commissioner; and

  (b)   the chief (however described) of the police force concerned.

  (3)   If a member of an Australian police force is notified of particular material under this section, the member may notify the material to a member of another law enforcement agency.

  (4)   This section does not, by implication, limit the powers of the Commissioner to refer other matters to a member of an Australian police force.



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