Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) material can be accessed using an internet carriage service supplied by an internet service provider; and
(b) the Commissioner is satisfied that the material:
(i) promotes abhorrent violent conduct; or
(ii) incites abhorrent violent conduct; or
(iii) instructs in abhorrent violent conduct; or
(iv) is material that depicts abhorrent violent conduct; and
(c) the Commissioner is satisfied that the availability of the material online is likely to cause significant harm to the Australian community;
the Commissioner may give the provider a written notice, to be known as a blocking notice , requiring the provider to take one or more specified steps to disable access to the material.
Note: See also section 104 (exempt material).
(2) The following are examples of steps that may be specified in the blocking notice:
(a) steps to block domain names that provide access to the material;
(b) steps to block URLs that provide access to the material;
(c) steps to block IP addresses that provide access to the material.
(3) The Commissioner is not required to observe any requirements of procedural fairness in relation to the giving of the blocking notice.
(4) In determining whether the availability of the material online is likely to cause significant harm to the Australian community, the Commissioner must have regard to the following matters:
(a) the nature of the material;
(b) the number of end - users who are likely to access the material;
(c) such other matters (if any) as the Commissioner considers relevant.
(5) In deciding whether to give the blocking notice, the Commissioner must have regard to the following matters:
(a) whether any other power conferred on the Commissioner could be used to minimise the likelihood that the availability of the material online could cause significant harm to the Australian community;
(b) such other matters (if any) as the Commissioner considers relevant.