Document ID: chunk:federal_register_of_legislation:C2024C00852:section:65
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 65
Character Range: 107761–109487

65  Removal notice given to the provider of a social media service, relevant electronic service or designated internet service
 (1) If:
 (a) material 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 material was the subject of a complaint that was made to the provider of the service; and
 (c) the material was not removed from the service within:
 (i) 48 hours after the complaint was made; or
 (ii) such longer period as the Commissioner allows; and
 (d) a complaint has been made to the Commissioner under section 30 about the material; and
 (e) the Commissioner is satisfied that the material is or was cyber‑bullying material targeted at an Australian child;
the Commissioner may give the provider of the service a written notice (a removal notice) requiring the provider to:
 (f) remove the material from the service; and
 (g) do so within:
 (i) 24 hours after the removal notice was given to the provider; or
 (ii) such longer period as the Commissioner allows.
Note: For enforcement, see:
(a) sections 67 and 162 (civil penalty); and
(b) section 163 (infringement notices); and
(c) section 164 (enforceable undertakings); and
(d) section 165 (injunctions).
 (2) So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the provider of the service 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 the person who made a section 30 complaint about the material concerned.