Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:13:p1
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 13 (pt 1/2)
Character Range: 34272–36933

13  Terms of use
 (1) This section applies to the following:
 (a) an enterprise relevant electronic service;
 (b) a pre-assessed relevant electronic service;
 (c) a telephony relevant electronic service;
 (d) a Tier 1 relevant electronic service;
 (e) a Tier 2 relevant electronic service.
However, subsection (6) does not apply to an enterprise relevant electronic service.

Provisions to be included in terms of use
 (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, 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, distribute or store 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 material from the service, or limit access to it through the service.
 (3) It is not necessary that a particular form of words be used in the terms of use so long as the contractual effect of the terms of use are as required by subsection (2).

Enforcement of terms of use
 (4) If the provider of a relevant electronic service becomes aware of a breach of the obligation mentioned in paragraph (2)(b), the provider must enforce its contractual rights in respect of the breach in an appropriate way.
Note: For appropriate see section 11.
 (5) In proceedings in respect of a contravention of subsection (4), the provider bears the evidential burden of establishing:
 (a) the action it took to enforce the rights; and
 (b) that the action that it took conformed to the requirements of subsection (4).

Publication of terms of use
 (6) The provider of a service must publish its terms of use for the service.
 (7) The publication must:
 (a) be in plain language; and
 (b) be accessible on the