Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 109

  (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 class 1 material; and

  (c)   the material can be accessed by end - users in Australia; and

  (d)   the service is not:

  (i)   an exempt Parliamentary content service; or

  (ii)   an exempt court/tribunal content service; or

  (iii)   an exempt official - inquiry content service;

the Commissioner may give the provider of the service a written notice, to be known as a removal notice , requiring the provider to:

  (e)   take all reasonable steps to ensure the removal of the material from the service; and

  (f)   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 provider of the service to comply with the notice.