Document ID: chunk:federal_register_of_legislation:F2024L00710:reg:16
Version: federal_register_of_legislation:F2024L00710
Segment Type: reg
Provision Reference: reg 16
Character Range: 54450–56759

16  Systems and processes for responding to breaches of terms of use—class 1B material
 (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.

Minimum requirements—generally
 (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.

Further minimum requirements —Tier 1 or Tier 2 designated internet services
 (3) Without limiting subsection (2), the systems and processes implemented by a provider of a Tier 1 or Tier 2 designated internet service must:
 (a) include ones under which the provider:
 (i) reviews reports by end-users of the service in Australia that class 1B materials are accessible using the service; and
 (ii) appropriately prioritises those reports and, if necessary, escalates them to senior management personnel of the provider for action; and
          (b)    include operational guidance to provider personnel, including actions to be taken and time limits to be observed, in performing the provider's duties under this section.
Note: For paragraph (a), report include the reports referred to in section 27.

Further minimum requirements for end-user managed hosting services and high impact generative AI DIS
 (4) Without limiting subsection (2), the provider of an end-user managed hosting service or high impact generative AI DIS must implement standard operating procedures that:
 (a) require the provider to engage with reports of class 1B material received from end-users to help determine whether the provider's terms of use relating to class 1B materials on the service have potentially been breached; and
 (b) enable the provider to take appropriate action to assess and respond to potential breaches of terms of use prohibiting class 1B material.
Note: For paragraph (a), reports include the reports referred to in section 27.