Application
(1) The provider of a social media service may apply to the Commissioner for the declaration of the service as a tier 1 social media service.
(2) An application must:
(a) be in writing; and
(b) be in a form approved, in writing, by the Commissioner; and
(c) be accompanied by such information as is specified in the legislative rules.
(3) An application may contain a statement that any request given to the provider of the service under section 29 should be given under subsection 29(2).
Declaration
(4) If:
(a) an application has been made under subsection (1) for the declaration of a social media service as a tier 1 social media service; and
(b) the Commissioner is satisfied that the service complies with the basic online safety requirements; and
(c) the service is not a tier 2 social media service;
the Commissioner must, by writing, declare that the social media service is a tier 1 social media service for the purposes of this Act.
Note: See also subsection 33(3).
Refusal
(5) If:
(a) an application has been made under subsection (1) for the declaration of a social media service as a tier 1 social media service; and
(b) the Commissioner is not required by subsection (4) to make the declaration;
the Commissioner must:
(c) refuse to declare the social media service as a tier 1 social media service; and
(d) give written notice of the refusal to the applicant.
Declaration is not a legislative instrument
(6) A declaration made under subsection (4) is not a legislative instrument.