Document ID: chunk:federal_register_of_legislation:F2024L00710:reg:15
Version: federal_register_of_legislation:F2024L00710
Segment Type: reg
Provision Reference: reg 15
Character Range: 51778–54450

15  Responding to child sexual exploitation material and pro-terror material
Note: For responses in respect of extreme crime and violence material see section 17.
 (1) This section applies to the following:
 (a) a Tier 1 designated internet service;
 (b) a Tier 2 designated internet service;
 (c) an end-user managed hosting service;
 (d) a high impact generative AI DIS;
 (e) a model distribution platform.

Minimum requirements—generally
 (2) If the provider of a service becomes aware that the service is being or has been used, whether by the account holder, or by an end-user in Australia, to solicit, access, generate, distribute or store child sexual exploitation material or pro-terror material (whether or not this amounts to a breach of the terms of use for the service), the provider must:
 (a) as soon as practicable, remove the material, or cause the material to be removed, from the service unless the provider has been required by an enforcement authority to deal with the material in a manner that requires the material to be retained; and
 (b) take appropriate action to ensure that:
 (i) the service no longer permits access to or distribution or generation of the material; and
 (ii) any related breach of the terms of use for the service, if it is continuing, ceases; and
 (iii) the risk of further such breaches of the terms of use for the service is minimised.
 (3) Without limiting subsection (2), the provider must:
 (a) terminate an end-user's account as soon as reasonably practicable if the end-user:
 (i) is distributing child sexual exploitation material or pro-terror materials to end-users with the intention to cause harm; or
 (ii) has repeatedly breached terms of use prohibiting child sexual exploitation material and pro-terror materials on the service; and
 (b) ensure that end-users and account holders who breach terms of use prohibiting child sexual exploitation material or pro-terror material and who have had their user accounts terminated, do not acquire new accounts.

Further minimum requirements—model distribution platform
 (4) Without limiting subsections (2) and (3), if the provider of a model distribution platform becomes aware that a model made available on the service is being or has been used, whether by the account holder, or by an end-user in Australia, to solicit, access, generate, distribute or store child sexual exploitation material or pro-terror material (whether or not this amounts to a breach of the terms of use for the service), the provider must take appropriate action.
Note: For subsection (4), appropriate action includes, but is not limited to, limiting access to the relevant model or models.