Document ID: chunk:federal_register_of_legislation:C2024C00852:section:120
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 120
Character Range: 164710–166116

120  Remedial notice given to a hosting service provider
 (1) If:
 (a) material is, or has been, provided on:
 (i) a social media service; or
 (ii) a relevant electronic service; or
 (iii) a designated internet service; and
 (b) the Commissioner is satisfied that the material is class 2 material covered by paragraph 107(1)(f), (g), (h), (i), (j), (k) or (l); and
 (c) the material can be accessed by end‑users in Australia; and
 (d) the service is not:
 (i) an exempt Parliamentary content service; or
 (ii) an exempt court/tribunal content service; or
 (iii) an exempt official‑inquiry content service; and
 (e) the material is hosted by a hosting service provider; and
 (f) the material is hosted in Australia;
the Commissioner may give the hosting service provider a written notice, to be known as a remedial notice, requiring the provider to:
 (g) take all reasonable steps to ensure either of the following situations exist in relation to the material:
 (i) the service ceases to host the material;
 (ii) access to the material is subject to a restricted access system; and
 (h) do so within:
 (i) 24 hours after the notice was given to the provider; or
 (ii) such longer period as the Commissioner allows.
 (2) So far as is reasonably practicable, the material must be identified in the remedial notice in a way that is sufficient to enable the hosting service provider to comply with the notice.