128App removal notice

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 require 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 109 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.