Document ID: chunk:federal_register_of_legislation:C2024C00852:section:36
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 36
Character Range: 66346–68937

36  Complaints about cyber‑abuse material

Complaint made by an Australian adult
 (1) If an Australian adult has reason to believe that the adult was or is the target of cyber‑abuse material that has been, or is being, provided on:
 (a) a particular social media service; or
 (b) a particular relevant electronic service; or
 (c) a particular designated internet service;
the adult may make a complaint to the Commissioner about the matter.

Complaint made on behalf of an Australian adult
 (2) If:
 (a) a person (the responsible person) has reason to believe that cyber‑abuse material targeted at an Australian adult has been, or is being, provided on:
 (i) a particular social media service; or
 (ii) a particular relevant electronic service; or
 (iii) a particular designated internet service; and
 (b) the adult has authorised the responsible person to make a complaint about the matter;
the responsible person may, on behalf of the adult, make a complaint to the Commissioner about the matter.

Complaint about material that was provided on a service
 (3) If:
 (a) a complaint made by a person under this section concerns material that has been, or is being, provided on:
 (i) a social media service; or
 (ii) a relevant electronic service; or
 (iii) a designated internet service; and
 (b) the person wants the Commissioner to give the provider of the service a removal notice under section 88 requiring the provider to remove the material from the service;
the complaint under this section must be accompanied by evidence that the material was the subject of a complaint that was previously made to the provider of the service.
 (4) For the purposes of subsection (3), evidence must be in a form required by the Commissioner.
 (5) If:
 (a) a social media service; or
 (b) a relevant electronic service; or
 (c) a designated internet service;
issues a receipt or complaint number to a complainant as part of its ordinary business processes, the Commissioner may require evidence to be in the form of the receipt or complaint number.
 (6) If:
 (a) a social media service; or
 (b) a relevant electronic service; or
 (c) a designated internet service;
does not issue a receipt or complaint number to a complainant as part of its ordinary business processes, the Commissioner may require evidence to be:
 (d) in the form of a screen shot; or
 (e) in the form of a statutory declaration; or
 (f) in such other form as the Commissioner specifies.
 (7) Subsections (5) and (6) do not limit subsection (4).
 (8) A requirement under subsection (4), (5) or (6) is not a legislative instrument.