Document ID: chunk:federal_register_of_legislation:C2022C00068:clause:1_44e
Version: federal_register_of_legislation:C2022C00068
Segment Type: clause
Provision Reference: sch 1 cl 44E
Character Range: 25094–26778

44E  Removal notice given to an end‑user
 (1) If:
 (a) an intimate image of a person 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 intimate image was posted on the service by an end‑user of the service; and
 (c) the intimate image is the subject of:
 (i) a complaint made to the Commissioner under section 19A; or
 (ii) an objection notice given to the Commissioner under section 19B; and
 (d) if subparagraph (c)(i) applies—the Commissioner is satisfied that the person did not consent to the posting of the intimate image on the service; and
 (e) the posting of the intimate image on the service did not constitute an exempt post;
the Commissioner may give the end‑user a written notice, to be known as a removal notice, requiring the end‑user to:
 (f) take all reasonable steps to ensure the removal of the intimate image from the service; and
 (g) do so within:
 (i) 48 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 intimate image 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:
 (a) if subparagraph (1)(c)(i) applies—the person who made the complaint mentioned in that subparagraph; or
 (b) if subparagraph (1)(c)(ii) applies—the person who gave the objection notice mentioned in that subparagraph.