If the Commissioner is satisfied that there were 2 or more occasions during the previous 12 months on which:
(a) class 1 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 can be, or was able to be, accessed by end - users in Australia; and
(c) 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; and
(d) the provision of the material contravened the service's terms of use;
the Commissioner may:
(e) prepare a statement to that effect; and
(f) publish the statement on the Commissioner's website; and
(g) give a copy of the statement to the provider of the service.