Commonwealth Numbered Acts Commonwealth Numbered Acts(1) If:
(a) material is provided on a tier 2 social media service; and
(b) the material was the subject of a complaint that was made under the service's complaints scheme; and
(c) 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
(d) a complaint has been made to the Commissioner under section 18 about the material; and
(e) the Commissioner is satisfied that the material is or was cyber-bullying material targeted at an Australian child;
the Commissioner may give the provider of the service a written notice (a social media service notice ) requiring the provider to:
(f) remove the material from the service; and
(g) do so within 48 hours after the social media service notice was given to the provider.
Note 1: For declaration of a tier 2 social media service, see section 30.
Note 2: For enforcement, see:
(a) sections 36 and 46 (civil penalty); and
(b) section 47 (enforceable undertakings); and
(c) section 48 (injunctions).
Notice of refusal to give a social media service notice
(2) If the Commissioner decides to refuse to give a social media service notice to the provider of a social media service, the Commissioner must give written notice of the refusal to the person who made a section 18 complaint about the material concerned.