Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 119

  (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 class 2 material covered by paragraph   107(1)(f), (g), (h), (i), (j), (k) or (l); 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; and

  (e)   the service is provided from Australia;

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

  (f)   take all reasonable steps to ensure either of the following situations exist in relation to the material:

  (i)   the material is removed from the service;

  (ii)   access to the material is subject to a restricted access system; and

  (g)   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 remedial notice in a way that is sufficient to enable the provider of the service to comply with the notice.