Document ID: chunk:federal_register_of_legislation:F2024L00710:reg:6:p9
Version: federal_register_of_legislation:F2024L00710
Segment Type: reg
Provision Reference: reg 6 (pt 9/10)
Character Range: 26174–28942

matter where the action occurs, the threat of action is made or the action, if carried out, would occur).
Tier 1 designated internet service means:
 (a) a designated internet service that is determined in accordance with section 7(8) to have a Tier 1 risk profile;
 (b) a high impact DIS; and
 (c) a designated internet service that is determined in accordance with section 7(9) to have a Tier 1 risk profile.
Tier 2 designated internet service means a designated internet service that is determined in accordance with section 7 to have a Tier 2 risk profile.
Tier 3 designated internet service means:
 (a) a designated internet service that is determined in accordance with section 7 to have a Tier 3 risk profile;
 (b) a pre-assessed Tier 3 designated internet service; and
 (c) an enterprise DIS.
violence means an act of violence or an obvious threat of an act of violence.

Requirements for pre-assessment

        (2) The requirements for a classified DIS or a general purpose DIS to be pre-assessed are that:
 (a) in respect of posting or sharing of material—the relevant service:
 (i) does not enable end-users in Australia to post material to the service; or
 (ii) enables end-users in Australia to post material only for the purposes of enabling such end-users to review or provide information on products, services, or physical points of interest or locations made available on the service; or
 (iii) enables end-users in Australia to post or share material only for the purpose of sharing that material with other end-users for a business, informational or government service or support purpose; and
 (b) in respect of chat or messaging functionality—the relevant service:
 (i) does not offer a chat or messaging function; or
 (ii) offers a chat or messaging function but the chat or messaging function is limited to private messages or chats between the service and end-users in Australia for a business, informational or government service or support purpose.

Justification
 (3) For this industry standard, in determining whether material is without justification, the matters to be taken into account include:
 (a) the standards of morality, decency and propriety generally accepted by reasonable adults; and
 (b) the literary, artistic or educational merit (if any) of the material; and
 (c) the general character of the material, including whether it is of a medical, legal or scientific character; and
 (d) the persons or class of persons to or amongst whom it is published or is intended or likely to be published.

Offensive material
 (4) The question whether material is offensive for the purposes of this industry standard is to be determined in accordance with the Act, including section 8 of the Act.

Part 3—Risk assessments and risk profiles