Commonwealth Numbered Acts

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ENHANCING ONLINE SAFETY FOR CHILDREN ACT 2015 (NO. 24, 2015) - SECT 92

Referral of matters to law enforcement agencies

             (1)  If:

                     (a)  in the performance of a function, or the exercise of a power, conferred on the Commissioner, the Commissioner becomes aware of particular material provided on a social media service or relevant electronic service; and

                     (b)  the Commissioner is satisfied that the material is of a sufficiently serious nature to warrant referral to a law enforcement agency; and

                     (c)  the material is not covered by clause 40 of Schedule 5, or clause 69 of Schedule 7, to the Broadcasting Services Act 1992 ;

the Commissioner may notify the material to:

                     (d)  a member of an Australian police force; or

                     (e)  if there is an arrangement between:

                              (i)  the Commissioner; and

                             (ii)  the chief (however described) of an Australian police force under which the Commissioner is authorised to notify the material to another person or body;

                            that other person or body.

Referral to law enforcement agency

             (2)  The manner in which material may be notified under paragraph (1)(d) to a member of an Australian police force includes (but is not limited to) a manner ascertained in accordance with an arrangement between:

                     (a)  the Commissioner; and

                     (b)  the chief (however described) of the police force concerned.

             (3)  If a member of an Australian police force is notified of particular material under this section, the member may notify the material to a member of another law enforcement agency.

             (4)  This section does not, by implication, limit the powers of the Commissioner to refer other matters to a member of an Australian police force.



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