Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 65

  (1)   If:

  (a)   material is , or has been, provided on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service; and

  (b)   the material was the subject of a complaint that was made to the provider of the service; and

  (c)   the material was not removed from the service within:

  (i)   48 hours after the complaint was made; or

  (ii)   such longer period as the Commissioner allows; and

  (d)   a complaint has been made to the Commissioner under section   3 0 about the material; and

  (e)   the Commissioner is satisfied that the material is or was cyber - bullying material targeted at an Australian child;

the Commissioner may give the provider of the service a written notice (a removal notice ) requiring the provider to:

  (f)   remove the material from the service; and

  (g )   do so within:

  (i)   24 hours after the removal notice was given to the provider; or

  (ii)   such longer period as the Commissioner allows.

Note:   For enforcement, see:

(a)   sections   67 and 162 (civil penalty); and

(b)   section   1 63 (infringement notices); and

(c )   section   1 64 (enforceable undertakings); and

( d )   section   1 65 (injunctions).

  (2)   So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the provider of the service to comply with the notice.

Notice of refusal to give a removal notice

  (3 )   If the Commissioner decides to refuse to give a removal notice under subsection   ( 1), the Commissioner must give written notice of the refusal to the person who made a section   3 0 complaint about the material concerned.