Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 30 about the material; and
(e) the Commissioner is satisfied that the material is or was cyber-bullying material targeted at an Australian child; and
(f) the material is hosted by a hosting service provider;
the Commissioner may give the hosting service provider a written notice, to be known as a removal notice , requiring the provider to:
(g) take all reasonable steps to cease hosting the material; and
(h) 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 removal notice in a way that is sufficient to enable the hosting service provider 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 30 complaint about the material concerned.