Commonwealth Consolidated Acts

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Removal notice given to an end-user

             (1)  If:

                     (a)  an intimate image of a person 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 intimate image was posted on the service by a particular end-user of the service; and

                     (c)  the intimate image is the subject of:

                              (i)  a complaint made to the Commissioner under section 32; or

                             (ii)  an objection notice given to the Commissioner under section 33; and

                     (d)  if subparagraph (c)(i) applies--the Commissioner is satisfied that the person did not consent to the provision of the intimate image on the service; and

                     (e)  the provision of the intimate image on the service is not an exempt provision of the intimate image;

the Commissioner may give the end-user a written notice, to be known as a removal notice , requiring the end-user to:

                      (f)  take all reasonable steps to ensure the removal of the intimate image from the service; and

                     (g)  do so within:

                              (i)  24 hours after the notice was given to the end-user; or

                             (ii)  such longer period as the Commissioner allows.

             (2)  So far as is reasonably practicable, the intimate image must be identified in the removal notice in a way that is sufficient to enable the end-user 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:

                     (a)  if subparagraph (1)(c)(i) applies--the person who made the complaint mentioned in that subparagraph; or

                     (b)  if subparagraph (1)(c)(ii) applies--the person who gave the objection notice mentioned in that subparagraph.

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