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ONLINE SAFETY ACT 2021 - SECT 128 App removal notice

ONLINE SAFETY ACT 2021 - SECT 128

App removal notice

  (1)   If:

  (a)   a person provides an app distribution service; and

  (b)   the service enables end - users in Australia to download an app that facilitates the posting of class 1 material on:

  (i)   a social media service; or

  (ii)   a relevant electronic service; or

  (iii)   a designated internet service;

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

  (c)   cease enabling end - users in Australia to download the app using the service; and

  (d)   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 app removal notice in a way that is sufficient to enable the app distribution service provider to comply with the notice.

  (3)   The app removal notice may also requ ire the app distribution service provider to:

  (a)   notify the Commissioner that the provider has ceased to enable end - users in Australia to download the app; and

  (b)   do so as soon as practicable after the cessation.

  (4)   The Commissioner must not give the app removal notice unless:

  (a)   the Commissioner is satisfied that there were 2 or more times during the previous 12 months when end - users in Australia could use the service to download an app that facilitates the posting of class 1 material; and

  (b)   during the previous 12 months:

  (i)   the Commissioner gave one or more removal notices under section   1 09 or 110 in relation to class 1 material, the posting of which is facilitated by the app ; and

  (ii)   those removal notices were not complied with.