Document ID: chunk:federal_register_of_legislation:F2024L00710:reg:13:p1
Version: federal_register_of_legislation:F2024L00710
Segment Type: reg
Provision Reference: reg 13 (pt 1/2)
Character Range: 45183–47920

13  Terms of use
 (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;
 (e) a model distribution platform.

Provisions to be included in terms of use—generally
 (2) The provider of a service must include in the terms of use for the service provisions:
 (a) requiring the account holder of the service to ensure that the service is not used in breach of community standards set out or described in the terms of use; and
 (b) requiring the account holder of the service to ensure that the service is not used, whether by the account holder or by an end-user in Australia, to solicit, access, generate, distribute or store (as applicable, having regard to the purpose and functionality of the service) class 1A material or class 1B material; and
 (c) regulating the use of the service by end-users and requiring the account holder of the service to ensure that end-users of the service comply with those provisions; and
 (d) giving rights for the provider to do any of the following if the service is used to solicit, access, generate, distribute or store (as applicable) child sexual exploitation material or pro-terror material:
 (i) suspend the provision of the service to a specified end-user of the service for a specified period;
 (ii) impose specified restrictions on the use of the service by a specified end-user of the service for a specified period;
 (iii) terminate the agreement for the provision of the service;
 (iv) remove or delete the relevant child exploitation material or pro-terror material from the service, or limit access to it through the service.

Further minimum requirements—model distribution platforms
 (3) Without limiting subsection (2), the provider of a model distribution platform must include provisions in the terms of use for the service that:
 (a) require that, for each model uploaded to the service, whether by the account holder or an end-user in Australia, the account holder has taken appropriate steps to minimise the risk of the model being used to generate child sexual exploitation material or pro-terror material; and
 (b) give rights for the provider to do any of the following if a model uploaded to the service is used to generate child sexual exploitation material or pro-terror material:
 (i) suspend the provision of the service, or the relevant model, to a specified end-user of the service for a specified period;
 (ii) impose specified restrictions on the use of the service, or the relevant model, by a specified end-user of the service for a specified period;
 (iii) remove or delete the relevant model from the service, or