Removal notice given to a hosting service provider
115 Removal notice given to a hosting service provider
If:
material is, or has been, provided on:
a social media service; or
a relevant electronic service; or
a designated internet service; and
the Commissioner is satisfied that the material is class 2 material covered by paragraph 107(1)(a), (b), (c), (d) or (e); and
the material can be accessed by end‑users in Australia; and
the service is not:
an exempt Parliamentary content service; or
an exempt court/tribunal content service; or
an exempt official‑inquiry content service; and
the material is hosted by a hosting service provider; and
the material is hosted in Australia;
the Commissioner may give the hosting service provider a written notice, to be known as a removal notice, requiring the provider to:
take all reasonable steps to cease hosting the material; and
do so within:
24 hours after the notice was given to the provider; or
such longer period as the Commissioner allows.
So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice.
This Act’s bill:Explanatory memorandumSecond reading speech
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