Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) in the performance of a function, or the exercise of a power, conferred on the Commissioner, the Commissioner becomes aware of particular material provided on a social media service, relevant electronic service or designated internet service; and
(b) the Commissioner is satisfied that the material is of a sufficiently serious nature to warrant referral to a law enforcement agency;
the Commissioner must notify the material to:
(c) a member of an Australian police force; or
(d) if there is an arrangement between:
(i) the Commissioner; and
(ii) the chief (however described) of an Australian police force under which the Commissioner is authorised to notify the material to another person or body;
that other person or body.
Referral to law enforcement agency
(2) The manner in which material is to be notified under paragraph (1)(c) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between:
(a) the Commissioner; and
(b) the chief (however described) of the police force concerned.
(3) If a member of an Australian police force is notified of particular material under this section, the member may notify the material to a member of another law enforcement agency.
(4) This section does not, by implication, limit the powers of the Commissioner to refer other matters to a member of an Australian police force.