Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ONLINE SAFETY ACT 2021 - SECT 220

Review of decisions by the Administrative Review Tribunal

Notice under section   49 or 56

  (1)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner to give a notice under section   49 or 56.

Removal notice--cyber - bullying, intimate images and cyber - abuse

  (2)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   65, 77 or 88 to give a removal notice to the provider of:

  (a)   a social media service; or

  (b)   a relevant electronic service; or

  (c)   a designated internet service.

  (3)   An application under subsection   (2) may only be made by:

  (a)   the provider of the social media service, relevant electronic service or designated internet service; or

  (b)   if the material that is the subject of the notice was posted on the service by an end - user of the service--the end - user.

  (4)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner to refuse to give the provider of:

  (a)   a social media service; or

  (b)   a relevant electronic service; or

  (c)   a designated internet service;

a section   65, 77 or 88 removal notice that relates to material provided on the service.

  (5)   An application under subsection   (4) may only be made:

  (a)   by a person who made a section   30, 32 or 36 complaint about the material provided on the service; or

  (b)   in the case of a refusal to give a section   65 or 88 removal notice--by, or with the consent of, the person who was the target of the material provided on the service; or

  (c)   in the case of a refusal to give a section   77 removal notice that relates to an intimate image of a person--by, or with the consent of, that person.

  (6)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   66, 79 or 90 to give a removal notice to a hosting service provider.

  (7)   An application under subsection   (6) may only be made by:

  (a)   the hosting service provider; or

  (b)   if the material that is the subject of the notice was posted on the service by an end - user of the service--the end - user.

  (8)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner to refuse to give a hosting service provider a section   66, 79 or 90 removal notice that relates to material hosted by the provider.

  (9)   An application under subsection   (8) may only be made:

  (a)   by a person who made a section   30, 32 or 36 complaint about the material; or

  (b)   in the case of a refusal to give a section   66 or 90 removal notice--by, or with the consent of, the person who was the target of the material provided on the service; or

  (c)   in the case of a refusal to give a section   79 removal notice that relates to an intimate image of a person--by, or with the consent of, that person.

End - user notice

  (10)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   70 to give an end - user notice.

Removal notice--end - user

  (10A)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   78 or 89 to give a removal notice.

Removal notice--online content scheme

  (11)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   109, 110, 114 or 115 to give a removal notice.

Remedial direction

  (12)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   83 to give a remedial direction.

Blocking notice

  (13)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   99 to give a blocking notice.

Remedial notice

  (14)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   119 or 120 to give a remedial notice.

Link deletion notice

  (15)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   124 to give a link deletion notice.

App removal notice

  (16)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   128 to give an app removal notice.

Decisions under section   140

  (17)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   140 to refuse to register an industry code.

  (18)   An application under subsection   (17) may only be made by the body or association that developed the code.

Decisions under section   143

  (19)   An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section   143 to:

  (a)   give a direction to a person; or

  (b)   vary a direction that is applicable to a person; or

  (c)   refuse to revoke a direction that is applicable to a person.

  (20)   An application under subsection   (19) may only be made by the person concerned.

Decisions under subsection   151(5) or section   154

  (21)   An application may be made to the Administrative Review Tribunal for a review of any of the following decisions made by the Commissioner:

  (a)   a decision of a kind referred to in subsection   151(5) (which deals with administrative decisions under service provider determinations), where the decision relates to a person;

  (b)   a decision under section   154 to:

  (i)   give a direction to a person; or

  (ii)   vary a direction that is applicable to a person; or

  (iii)   refuse to revoke a direction that is applicable to a person.

  (22)   An application under subsection   (21) may only be made by the person concerned.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback