Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:16
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 16
Character Range: 39850–41501

16  Notification of child sexual exploitation material and pro-terror material
 (1) This section applies to the following:
 (a) a gaming service with limited communication functionality;
 (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.
 (2) If the provider of a service:
 (a) becomes aware of child sexual exploitation material, or pro-terror material, on the service; and
 (b) believes in good faith that the material affords evidence of a serious and immediate threat to the life or physical safety of a person in Australia;
the provider must, as soon as practicable, report the matter to an enforcement authority, or otherwise as required by law.

        (3) If the provider of a service:
 (a) becomes aware of child sexual exploitation material on the service; and
 (b) believes in good faith that the material is not known child sexual abuse material;
the provider must, as soon as practicable, notify an organisation of a kind referred to in paragraph (b) of the definition of known child sexual abuse material in subsection 6(1).

        (4) If the provider of a service:
 (a) identifies pro-terror material on the service; and
 (b) believes in good faith that the material is not known pro-terror material;
the provider must, as soon as practicable, notify an appropriate non-governmental organisation that:
 (c) verifies material as pro-terror material; or
 (d) is generally recognised as having expertise in counter-terrorism.
 (5) Subsections (2), (3) and (4) are in addition to any other applicable law.