Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:15
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 15
Character Range: 38528–39850

15  Responding to class 1A material
Note: For class 1B material see section 24.
 (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;
 (d) a Tier 2 relevant electronic service.
 (2) If the provider of a service becomes aware that the service is being or has been used, whether by the account holder, or by an end-user in Australia, to solicit, access, distribute or store class 1A material (whether or not this amounts to a breach of the terms of use for the service), the provider must:
 (a) as soon as practicable, remove the material, or cause the material to be removed, from the service unless:
 (i) it is not technically feasible or reasonably practicable for the provider to do so; or
 (ii) the provider has been required by an enforcement authority to deal with the material in a manner that requires the material to be retained; and
 (b) take appropriate action to ensure that:
 (i) the service no longer permits access to or distribution of the material; and
 (ii) any related breach of the terms of use for the service, if it is continuing, ceases; and
 (iii) the risk of further such breaches of the terms of use for the service is minimised.
Note: For appropriate see section 11.