123A

Service provider notifications

In force

If the Commissioner is satisfied that there were 2 or more occasions during the previous 12 months on which:

(a)

class 2 material covered by paragraph 107(1)(f), (g), (h), (i), (j), (k) or (l) 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 material can be, or was able to be, accessed by end‑users in Australia; and

(c)

access to the material is not, or was not, subject to a restricted access system; 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 service is provided from Australia; and

(f)

the provision of the material contravened the service’s terms of use;

the Commissioner may:

(g)

prepare a statement to that effect; and

(h)

publish the statement on the Commissioner’s website; and

(i)

give a copy of the statement to the provider of the service.

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