Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 89

  (1)   If:

  (a)   material 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 Commissioner is satisfied that the material is or was cyber - abuse material targeted at an Australian adult; and

  (c)   the material was the subject of a complaint that was made to the provider of the service; and

  (d)   if such a complaint was made--the material was not removed from the service within:

  (i)   48 hours after the complaint was made; or

  (ii)   such longer period as the Commissioner allows; and

  (e)   a complaint has been made to the Commissioner under section   36 about the material; and

  (f)   the material was posted on the service by a particular end - user of the service;

the Commissioner may give the end - user a written notice, to be known as a removal notice , requiring the end - user to:

  (g)   take all reasonable steps to ensure the removal of the material from the service; and

  (h)   do so within:

  (i)   24 hours after the notice was given to the end - user; or

  (ii)   such longer period as the Commissioner allows.

  (2)   So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the end - user 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 the person who made the complaint to the Commissioner under section   36.