87   Simplified outline of this Part

88   Removal notice given to the provider of a social media service, relevant electronic service or designated internet service

             (1)  If:

                     (a)  material 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 Commissioner is satisfied that the material is or was cyber-abuse material targeted at an Australian adult; and

                     (c)  the material was the subject of a complaint that was made to the provider of the service; and

                     (d)  if such a complaint was made—the material was not removed from the service within:

                              (i)  48 hours after the complaint was made; or

                             (ii)  such longer period as the Commissioner allows; and

                     (e)  a complaint has been made to the Commissioner under section 36 about the material;

the Commissioner may give the provider of the service a written notice, to be known as a removal notice , requiring the provider to:

                      (f)  take all reasonable steps to ensure the removal of the material from the service; and

                     (g)  do so within:

                              (i)  24 hours after the notice was given to the provider; or

                             (ii)  such longer period as the Commissioner allows.

             (2)  So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the provider of the service to comply with the notice.

Notice of refusal to give a removal notice

             (3)  If the Commissioner decides to refuse to give a removal notice under subsection (1), the Commissioner must give written notice of the refusal to the person who made the complaint to the Commissioner under section 36.

89   Removal notice given to an end-user

             (1)  If:

                     (a)  material 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 Commissioner is satisfied that the material is or was cyber-abuse material targeted at an Australian adult; and

                     (c)  the material was the subject of a complaint that was made to the provider of the service; and

                     (d)  if such a complaint was made—the material was not removed from the service within:

                              (i)  48 hours after the complaint was made; or

                             (ii)  such longer period as the Commissioner allows; and

                     (e)  a complaint has been made to the Commissioner under section 36 about the material; and

                      (f)  the material was posted on the service by a particular end-user of the service;

the Commissioner may give the end-user a written notice, to be known as a removal notice , requiring the end-user to:

                     (g)  take all reasonable steps to ensure the removal of the material from the service; and

                     (h)  do so within:

                              (i)  24 hours after the notice was given to the end-user; or

                             (ii)  such longer period as the Commissioner allows.

             (2)  So far as is reasonably practicable, the material must be identified in the removal notice in a way that is sufficient to enable the end-user to comply with the notice.

Notice of refusal to give a removal notice

             (3)  If the Commissioner decides to refuse to give a removal notice under subsection (1), the Commissioner must give written notice of the refusal to the person who made the complaint to the Commissioner under section 36.

90   Removal notice given to a hosting service provider

             (1)  If:

                     (a)  material 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 Commissioner is satisfied that the material is or was cyber-abuse material targeted at an Australian adult; and

                     (c)  the material was the subject of a complaint that was made to the provider of the service; and

                     (d)  if such a complaint was made—the material was not removed from the service within:

                              (i)  48 hours after the complaint was made; or

                             (ii)  such longer period as the Commissioner allows; and

                     (e)  a complaint has been made to the Commissioner under section 36 about the material; and

                      (f)  the material is hosted by a hosting service provider;

the Commissioner may give the hosting service provider a written notice, to be known as a removal notice , requiring the provider to:

                     (g)  take all reasonable steps to cease hosting the material; and

                     (h)  do so within:

                              (i)  24 hours after the notice was given to the provider; or

                             (ii)  such longer period as the Commissioner allows.

             (2)  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.

Notice of refusal to give a removal notice

             (3)  If the Commissioner decides to refuse to give a removal notice under subsection (1), the Commissioner must give written notice of the refusal to the person who made the complaint to the Commissioner under section 36.

91   Compliance with removal notice

                   A person must comply with a requirement under a removal notice given under section 88, 89 or 90 to the extent that the person is capable of doing so.

Civil penalty:          500 penalty units.

92   Formal warning

                   The Commissioner may issue a formal warning if a person contravenes section 91.

93   Service provider notifications

             (1)  If:

                     (a)  material 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 Commissioner is satisfied that the material is or was cyber-abuse material targeted at an Australian adult; and

                     (c)  a complaint has been made to the Commissioner under section 36 about the material;

the Commissioner may, with the consent of the complainant, give the provider of the service a written notice that:

                     (d)  identifies the material; and

                     (e)  states the Commissioner is satisfied that the material is cyber-abuse material targeted at an Australian adult.

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

                     (a)  cyber-abuse material targeted at an Australian adult 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 provision of the material contravened the service’s terms of use;

the Commissioner may:

                     (c)  prepare a statement to that effect; and

                     (d)  publish the statement on the Commissioner’s website; and

                     (e)  give a copy of the statement to the provider of the service.