Document ID: chunk:federal_register_of_legislation:C2024C00852:section:88
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 88
Character Range: 128599–130205

88  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 Commissioner is satisfied that the material is or was cyber‑abuse material targeted at an Australian adult; and
 (c) the material was the subject of a complaint that was made to the provider of the service; and
 (d) if such a complaint was made—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
 (e) a complaint has been made to the Commissioner under section 36 about the material;
the Commissioner may give the provider of the service a written notice, to be known as a removal notice, requiring the provider to:
 (f) take all reasonable steps to ensure the removal of the material from the service; and
 (g) do so within:
 (i) 24 hours after the notice was given to the provider; or
 (ii) such longer period as the Commissioner allows.
 (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 the complaint to the Commissioner under section 36.