Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:19
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 19
Character Range: 46628–48527

19  Detecting and removing known child sexual abuse material
 (1) This section applies to the following:
 (a) a pre-assessed relevant electronic service;
 (b) a Tier 1 relevant electronic service.
 (2) The provider of a service must implement appropriate systems, appropriate processes and appropriate technologies to:
 (a) detect and identify known child sexual abuse material that:
 (i) is stored on the service; or
 (ii) is accessible by an end-user in Australia using the service; or
 (iii) is being or has been accessed or distributed in Australia using the service; and
 (b) remove known child sexual abuse material from the service as soon as practicable after the provider becomes aware of it.
Note 1: The technologies that the provider may use include hashing technologies and machine learning.
Note 2: For appropriate see section 11.
 (3) Subsection (2) does not require a provider to use a system or a technology if:
 (a) it is not technically feasible or reasonably practicable for the provider to do so; or
 (b) to do so would require the provider to:
 (i) implement or build a systemic weakness, or a systemic vulnerability, into the service;
 (ii) in relation to an end-to-end encrypted service—implement or build a new decryption capability into the service, or render methods of encryption used in the service less effective.
 (4) If, because of subsection (3), a provider does not implement any systems as described in subsection (2), the provider must take appropriate alternative action.
 (5) If, because of subsection (3), a provider does not implement any technologies as described in subsection (2), the provider must take appropriate alternative action.
Note: For appropriate see section 11.
 (6) This section does not affect the operation of section 21.
Note: This section does not prevent a provider from complying with legal obligations to preserve evidence of offences.