Online Safety Act 2021
224Referral of matters to law enforcement agencies
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224 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, relevant electronic service or designated internet service; and (b) the Commissioner is satisfied that the material is of a sufficiently serious nature to warrant referral to a law enforcement agency; the Commissioner must notify the material to: (c) a member of an Australian police force; or (d) 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 is to be notified under paragraph (1)(c) 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.