Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:23
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 23
Character Range: 55104–56238

23  Systems and processes for responding to breaches of terms of use: class 1B material
 (1) This section applies to the following:
 (a) a pre-assessed relevant electronic service;
 (b) a telephony relevant electronic service;
 (c) a Tier 1 relevant electronic service;
 (d) a Tier 2 relevant electronic service.
 (2) The provider of a service must implement systems and processes that ensure that, if the provider becomes aware that there is or has been a breach, in Australia, of an obligation under the terms of use for the service in respect of class 1B material, the provider takes appropriate action to ensure that:
 (a) the breach, if it is continuing, ceases; and
 (b) the risk of further such breaches is minimised.
Note: For appropriate see section 11.
 (3) Without limiting subsection (2), the systems and processes must include ones under which the provider:
 (a) reviews reports by end-users of the service in Australia that class 1B materials are accessible using the service; and
 (b) appropriately prioritises those reports and, if necessary, escalates them to senior management personnel of the provider for action.