Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.