124Link deletion notice

124 Link deletion notice

(1) If: (a) a person provides an internet search engine service; and (b) end‑users in Australia can access class 1 material using a link provided by the service; the Commissioner may give the provider of the service a written notice, to be known as a link deletion notice, requiring the provider to: (c) cease providing a link to the material 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 link deletion notice in a way that is sufficient to enable the internet search engine service provider to cease providing a link to the material. (3) The link deletion notice may also require the internet search engine service provider to: (a) notify the Commissioner that the provider has ceased to provide a link to the material; and (b) do so as soon as practicable after the cessation. (4) The Commissioner must not give the link deletion 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 access class 1 material using a link provided by the service; and (b) during the previous 12 months: (i) the Commissioner gave one or more removal notices under section 109 or 110 in relation to class 1 material that could be accessed using a link provided by the service; and (ii) those removal notices were not complied with.