Police Powers and Responsibilities Act 2000

This section applies if—

material is provided on a social media platform or online social network; and

an authorised officer is satisfied the material depicts conduct (the unlawful conduct) that constitutes any of the following offences against an Act of Queensland—

an offence involving driving or operating a vehicle;

an offence involving violence or a threat of violence;

an offence involving taking, damaging, destroying, removing, using, interfering with or entering property;

an offence involving a weapon; and

the authorised officer suspects a person published the material on the social media platform or online social network for the purpose of—

glorifying the unlawful conduct; or

increasing the person’s reputation, or another person’s reputation, because of their involvement in the unlawful conduct; and

the material has been accessed by a person in Queensland; and

the authorised officer suspects either—

the unlawful conduct happened in Queensland; or

the material was published on the social media platform or online social network by a person who was in Queensland or ordinarily resident in Queensland.

However, this section does not apply in relation to material posted on a social media platform or online social network by a journalist in the course of their activities as a journalist.

The authorised officer may give a notice (a removal notice) to the provider of the social media platform or online social network requiring the provider to remove the material from the platform or network.

The notice must—

describe the material in a way that enables the provider to identify and remove it; and

state the time, no earlier than 24 hours from the time the notice is given, by which the material must be removed; and

warn the provider that, if the provider does not comply with the notice, the commissioner may apply for an order under section 745E.

If the authorised officer considers it appropriate, the officer may give the provider a notice extending the time by which the material must be removed.

The provider must comply with the removal notice no later than the time stated in the notice or any later time allowed under subsection (4).

For a proceeding under section 745E, the provider is taken to have complied with the removal notice if the provider proves it took all reasonable steps to comply with the notice.

In this section—journalist see the Evidence Act 1977, section 14R.