Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 79

  (1)   If:

  (a)   an intimate image of a person 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 intimate image is the subject of:

  (i)   a complaint made to the Commissioner under section   32; or

  (ii)   an objection notice given to the Commissioner under section   33; and

  (c)   if subparagraph   (b)(i) applies--the Commissioner is satisfied that the person did not consent to the provision of the intimate image on the service; and

  (d)   the intimate image is hosted by a hosting service provider; and

  (e)   the provision of the intimate image on the service is not an exempt provision of the intimate image;

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

  (f)   take all reasonable steps to cease hosting the intimate image; 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 intimate image must be identified in the removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice.

Notice of refusal to give a removal notice

  (3)   If the Commissioner decides to refuse to give a removal notice under subsection   (1), the Commissioner must give written notice of the refusal to:

  (a)   if subparagraph   (1)(b)(i) applies--the person who made the complaint mentioned in that subparagraph; or

  (b)   if subparagraph   (1)(b)(ii) applies--the person who gave the objection notice mentioned in that subparagraph.