Review of decisions by the Administrative Review Tribunal
220 Review of decisions by the Administrative Review Tribunal
Notice under section 49 or 56
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner to give a notice under section 49 or 56.
Removal notice—cyber‑bullying, intimate images and cyber‑abuse
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 65, 77 or 88 to give a removal notice to the provider of:
a social media service; or
a relevant electronic service; or
a designated internet service.
An application under subsection (2) may only be made by:
the provider of the social media service, relevant electronic service or designated internet service; or
if the material that is the subject of the notice was posted on the service by an end‑user of the service—the end‑user.
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner to refuse to give the provider of:
a social media service; or
a relevant electronic service; or
a designated internet service;
a section 65, 77 or 88 removal notice that relates to material provided on the service.
An application under subsection (4) may only be made:
by a person who made a section 30, 32 or 36 complaint about the material provided on the service; or
in the case of a refusal to give a section 65 or 88 removal notice—by, or with the consent of, the person who was the target of the material provided on the service; or
in the case of a refusal to give a section 77 removal notice that relates to an intimate image of a person—by, or with the consent of, that person.
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 66, 79 or 90 to give a removal notice to a hosting service provider.
An application under subsection (6) may only be made by:
the hosting service provider; or
if the material that is the subject of the notice was posted on the service by an end‑user of the service—the end‑user.
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner to refuse to give a hosting service provider a section 66, 79 or 90 removal notice that relates to material hosted by the provider.
An application under subsection (8) may only be made:
by a person who made a section 30, 32 or 36 complaint about the material; or
in the case of a refusal to give a section 66 or 90 removal notice—by, or with the consent of, the person who was the target of the material provided on the service; or
in the case of a refusal to give a section 79 removal notice that relates to an intimate image of a person—by, or with the consent of, that person.
End‑user notice
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 70 to give an end‑user notice.
Removal notice—end‑user
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 78 or 89 to give a removal notice.
Removal notice—online content scheme
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 109, 110, 114 or 115 to give a removal notice.
Remedial direction
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 83 to give a remedial direction.
Blocking notice
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 99 to give a blocking notice.
Remedial notice
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 119 or 120 to give a remedial notice.
Link deletion notice
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 124 to give a link deletion notice.
App removal notice
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 128 to give an app removal notice.
Decisions under section 140
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 140 to refuse to register an industry code.
An application under subsection (17) may only be made by the body or association that developed the code.
Decisions under section 143
An application may be made to the Administrative Review Tribunal for a review of a decision of the Commissioner under section 143 to:
give a direction to a person; or
vary a direction that is applicable to a person; or
refuse to revoke a direction that is applicable to a person.
An application under subsection (19) may only be made by the person concerned.
Decisions under subsection 151(5) or section 154
An application may be made to the Administrative Review Tribunal for a review of any of the following decisions made by the Commissioner:
a decision of a kind referred to in subsection 151(5) (which deals with administrative decisions under service provider determinations), where the decision relates to a person;
a decision under section 154 to:
give a direction to a person; or
vary a direction that is applicable to a person; or
refuse to revoke a direction that is applicable to a person.
An application under subsection (21) may only be made by the person concerned.
This Act’s bill:Explanatory memorandumSecond reading speech
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