Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 225

Deferral of action in order to avoid prejudicing a criminal investigation

    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)   apart from this section, the Commissioner would be required to take action under this Act in relation to the material; and

  (c)   a member of an Australian police force satisfies the Commissioner that the taking of that action should be deferred until the end of a particular period in order to avoid prejudicing a criminal investigation;

the Commissioner may defer taking that action until the end of that period.



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