Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:24
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 24
Character Range: 56238–57536

24  Responding to breaches of terms of use: class 1B material
Note: For breaches in respect of class 1A material see section 15.
 (1) This section applies to the following:
 (a) a pre-assessed relevant electronic service;
 (b) a telephony relevant electronic service;
 (c) a Tier 1 relevant electronic service; and
 (d) a Tier 2 relevant electronic service.
 (2) If the provider of a service becomes aware that there is or has been a breach of an obligation under the terms of use for the service in respect of class 1B material, the provider must:
 (a) as soon as practicable, remove the material, or cause the material to be removed, from the service unless it is not technically feasible or reasonably practicable for the provider to do so; and
 (b) take appropriate action to ensure that:
 (i) the service no longer permits access to or distribution of the material; and
 (ii) the breach, if it is continuing, ceases; and
 (iii) the risk of further such breaches is minimised.
Note: For appropriate see section 11.
 (3) Without limiting what is appropriate action, appropriate action may include exercising any of its contractual rights under the terms of use for the service in relation to the breach.
Note: For contractual rights required to be included in terms of use see paragraph 13(2).