33Objection notice

33 Objection notice

Objection notice given by a person depicted in an intimate image (1) If a person (the depicted person) has reason to believe that: (a) an intimate image of the depicted person is, or has been, provided on: (i) a social media service; or (ii) a relevant electronic service; or (iii) a designated internet service; and (b) the provision of the intimate image on the service is not an exempt provision of the intimate image; and (c) any of the following conditions is satisfied: (i) the depicted person is ordinarily resident in Australia; (ii) if the intimate image was posted on the service by an end‑user of the service—the end‑user is ordinarily resident in Australia; (iii) the intimate image is hosted in Australia by a hosting service; the depicted person may give the Commissioner a notice (an objection notice) objecting to the provision of the intimate image on the service. (2) The depicted person may give the objection notice even if the depicted person previously consented to the provision of the intimate image on the service. Objection notice given on behalf of a person depicted in an intimate image (3) If a person (the authorised person) has reason to believe that: (a) an intimate image of another person (the depicted person) is, or has been, provided on: (i) a social media service; or (ii) a relevant electronic service; or (iii) a designated internet service; and (b) the provision of the intimate image on the service is not an exempt provision of the intimate image; and (c) any of the following conditions is satisfied: (i) the depicted person is ordinarily resident in Australia; (ii) if the intimate image was posted on the service by an end‑user of the service—the end‑user is ordinarily resident in Australia; (iii) the intimate image is hosted in Australia by a hosting service; the authorised person may, on behalf of the depicted person, give the Commissioner a notice (an objection notice) objecting to the provision of the intimate image on the service, so long as: (d) the depicted person has authorised the authorised person to give the objection notice; or (e) both: (i) the depicted person is a child who has not reached 16 years; and (ii) the authorised person is a parent or guardian of the depicted person; or (f) both: (i) the depicted person is in a mental or physical condition (whether temporary or permanent) that makes the depicted person incapable of managing the depicted person’s affairs; and (ii) the authorised person is a parent or guardian of the depicted person. (4) The authorised person must make a declaration to the Commissioner to the effect that the authorised person is entitled to give the objection notice on behalf of the depicted person. (5) The authorised person may give the objection notice even if the depicted person previously consented to the provision of the intimate image on the service.