Commonwealth Consolidated Acts

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Removal notice given to a hosting service provider

             (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 Commissioner is satisfied that the material is or was cyber-abuse material targeted at an Australian adult; and

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

                     (d)  if such a complaint was made--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

                     (e)  a complaint has been made to the Commissioner under section 36 about the material; 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 the complaint to the Commissioner under section 36.

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