Core expectations

In force

(1)

A determination under section 45 must specify each of the following expectations:

(a)

the expectation that the provider of the service will take reasonable steps to ensure that end‑users are able to use the service in a safe manner;

(b)

the expectation that, in determining what are such reasonable steps, the provider will consult the Commissioner;

(c)

the expectation that the provider of the service will take reasonable steps to minimise the extent to which the following material is provided on the service:

(i)

cyber‑bullying material targeted at an Australian child;

(ii)

cyber‑abuse material targeted at an Australian adult;

(iii)

a non‑consensual intimate image of a person;

(iv)

class 1 material;

(v)

material that promotes abhorrent violent conduct;

(vi)

material that incites abhorrent violent conduct;

(vii)

material that instructs in abhorrent violent conduct;

(viii)

material that depicts abhorrent violent conduct;

(d)

the expectation that the provider of the service will take reasonable steps to ensure that technological or other measures are in effect to prevent access by children to class 2 material provided on the service;

(e)

the expectation that the provider of the service will ensure that the service has clear and readily identifiable mechanisms that enable end‑users to report, and make complaints about, any of the following material provided on the service:

(i)

cyber‑bullying material targeted at an Australian child;

(ii)

cyber‑abuse material targeted at an Australian adult;

(iii)

a non‑consensual intimate image of a person;

(iv)

class 1 material;

(v)

class 2 material;

(vi)

material that promotes abhorrent violent conduct;

(vii)

material that incites abhorrent violent conduct;

(viii)

material that instructs in abhorrent violent conduct;

(ix)

material that depicts abhorrent violent conduct;

(f)

(g)

the expectation that, if the Commissioner, by written notice given to the provider of the service, requests the provider to give the Commissioner a statement that sets out the number of complaints made to the provider during a specified period (not shorter than 6 months) about breaches of the service’s terms of use, the provider will comply with the request within 30 days after the notice of request is given;

(h)

the expectation that, if the Commissioner, by written notice given to the provider of the service, requests the provider to give the Commissioner a statement that sets out, for each removal notice given to the provider during a specified period (not shorter than 6 months), how long it took the provider to comply with the removal notice, the provider will comply with the request within 30 days after the notice of request is given;

(i)

the expectation that, if the Commissioner, by written notice given to the provider of the service, requests the provider to give the Commissioner specified information relating to the measures taken by the provider to ensure that end‑users are able to use the service in a safe manner, the provider will comply with the request within 30 days after the notice of request is given.

Note 1:

For non‑consensual intimate image of a person, see section 16.

Note 2:

Section 104 provides for exemptions for the following material:

(a)

material that promotes abhorrent violent conduct;

(b)

material that incites abhorrent violent conduct;

(c)

material that instructs in abhorrent violent conduct;

(d)

material that depicts abhorrent violent conduct.

(2)

Subsection (1) does not limit the expectations that may be specified in a determination under section 45.

This Act’s bill:Explanatory memorandum Second reading speech

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46 Core expectations