Document ID: chunk:federal_register_of_legislation:F2024L00710:reg:14
Version: federal_register_of_legislation:F2024L00710
Segment Type: reg
Provision Reference: reg 14
Character Range: 49609–51778

14  Systems and processes for responding to class 1A material
Note: For responding to class 1B material see section 16.

        (1) This section applies to the following:
 (a) a Tier 1 designated internet service;
 (b) a Tier 2 designated internet service;
 (c) an end-user managed hosting service;
 (d) a high impact generative AI DIS;
 (e) a model distribution platform.

Minimum requirements—generally
 (2) The provider of a service must implement systems and processes that ensure that, if the provider 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 1A material, the provider takes appropriate action to ensure that:
 (a) the breach, if it is continuing, ceases; and
 (b) the risk of further such breaches is minimised.

Further minimum requirements—Tier 1 or Tier 2 designated internet services
 (3) Without limiting subsection (2), the systems and processes implemented by a provider of a Tier 1 or Tier 2 designated internet service must include ones under which the provider:
 (a) reviews reports by end-users of the service in Australia that class 1A material is accessible using the service; and
 (b) appropriately prioritises those reports and, if necessary, escalates them to senior management personnel of the provider for action.
Note: For paragraph (a), report includes the reports referred to in section 27.

Further minimum requirements—end-user managed hosting services and high impact generative AI DIS
 (4) Without limiting subsection (2), a provider of an end-user managed hosting service or high impact generative AI DIS must establish standard operating procedures that:
 (a) require the provider to investigate reports of class 1A material received from end-users to help determine whether the terms of use for the service prohibiting class 1A material on the service have been breached; and
 (b) enable the provider to take appropriate action to assess and respond to those breaches.
 (5) A provider of an end-user managed hosting service or high impact generative AI DIS must implement the standard operating procedures established as required by subsection (4).