Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:11
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 11
Character Range: 29890–31317

11  Determining what is appropriate
 (1) In determining whether something (including action) in relation to a relevant electronic service is appropriate, the matters to be taken into account include:
 (a) the extent to which the thing achieves or would achieve the object of this industry standard in relation to the service; and
 (b) in relation to a breach of applicable terms of use of a relevant electronic service in relation to class 1A material or class 1B material:
 (i) the nature of the material and the extent to which the breach is inconsistent with online safety for end-users in Australia; and
 (ii) the extent to which the thing will or may reasonably be expected to reduce or manage the risk that the service will be used to solicit, access, distribute or store class 1A material or class 1B material; and
 (c) whether the thing is or would be proportionate to the level of risk to online safety for end-users in Australia from the material being accessible through the service.
Note 1: For the object of this industry standard see section 4.
Note 2: For paragraph (b), appropriate action may include exercising any of the provider's rights under the terms of use for the service in relation to the breach.
 (2) For paragraph (1)(c), in deciding whether a thing is or would be proportionate to the level of risk to online safety of end-users in Australia, take into account the scale and reach of the service.