Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 56

Scope

  (1)   This section applies to the following services:

  (a)   a social media service, if there are basic online safety expectations for the service;

  (b)   a relevant electronic service, if there are basic online safety expectations for the service;

  (c)   a designated internet service, if there are basic online safety expectations for the service.

Notice

  (2)   The Commissioner may, by written notice given to the provider of the service, require the provider to:

  (a)   do whichever of the following is specified in the notice:

  (i)   prepare a report about the extent to which the provider complied with the applicable basic online safety expectations during the period specified in the notice;

  (ii)   prepare a report about the extent to which the provider complied with one or more specified applicable basic online safety expectations during the period specified in the notice; and

  (b)   prepare the report in the manner and form specified in the notice; and

  (c)   give the report to the Commissioner:

  (i)   within the period specified in the notice; or

  (ii)   if the Commissioner allows a longer period--within that longer period.

  (3)   The period specified under subparagraph   (2)(a)(i) or (ii):

  (a)   must not be shorter than 6 months; and

  (b)   must not be longer than 24 months.

  (4)   The period specified in subparagraph   (2)(c)(i) must not be shorter than 28 days after the notice is given.

  (5)   In deciding whether to give a notice under subsection   (2) to the provider of a service, the Commissioner must have regard to the following:

  (a)   the number of occasions during the previous 12 months on which complaints about material provided on the service were made to the Commissioner under this Act;

  (b)   whether the provider has previously contravened a civil penalty provision of this Division;

  (c)   whether there are deficiencies in the provider's practices, so far as those practices relate to the capacity of end - users to use the service in a safe manner;

  (d)   whether there are deficiencies in service's terms of use, so far as they relate to the capacity of end - users to use the service in a safe manner;

  (e)   whether the provider has agreed to give the Secretary regular reports relating to the capacity of end - users to use the service in a safe manner;

  (f)   such other matters (if any) as the Commissioner considers relevant.