42Commissioner may investigate matters

#### 42 Commissioner may investigate matters (1) The Commissioner may, on the Commissioner’s own initiative or in response to a complaint made under section 38, 39 or 40, investigate any of the following matters if the Commissioner thinks that it is desirable to do so: (a) whether end‑users in Australia can access class 1 material that is provided on: (i) a social media service; or (ii) a relevant electronic service; or (iii) a designated internet service; (b) whether end‑users in Australia can access class 2 material that is covered by paragraph 107(1)(a), (b), (c), (d) or (e) and provided on: (i) a social media service; or (ii) a relevant electronic service; or (iii) a designated internet service; (c) whether end‑users in Australia can access class 2 material that is covered by paragraph 107(1)(f), (g), (h), (i), (j), (k) or (l) and provided on: (i) a social media service; or (ii) a relevant electronic service; or (iii) a designated internet service; and, if so, whether access to the material is subject to a restricted access system; (d) whether a person has breached a service provider rule that applies to the person; (e) whether a person has breached a civil penalty provision of Part 9 (which deals with the online content scheme); (f) whether a participant in the online industry (within the meaning of Division 7 of Part 9) has breached a code registered under that Division that is applicable to the participant; (g) whether a participant in the online industry (within the meaning of Division 7 of Part 9) has breached an industry standard registered under that Division that is applicable to the participant. (2) An investigation under this section is to be conducted as the Commissioner thinks fit. (3) The Commissioner may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as the Commissioner thinks fit. (4) This section has effect subject to Part 14 (which confers certain investigative powers on the Commissioner).