90Removal notice given to a hosting service provider

90 Removal notice given to a hosting service provider

(1) If: (a) material 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 Commissioner is satisfied that the material is or was cyber‑abuse material targeted at an Australian adult; and (c) the material was the subject of a complaint that was made to the provider of the service; and (d) if such a complaint was made—the material was not removed from the service within: (i) 48 hours after the complaint was made; or (ii) such longer period as the Commissioner allows; and (e) a complaint has been made to the Commissioner under section 36 about the material; and (f) the material is hosted by a hosting service provider; the Commissioner may give the hosting service provider a written notice, to be known as a removal notice, requiring the provider to: (g) take all reasonable steps to cease hosting the material; and (h) 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 removal notice in a way that is sufficient to enable the hosting service provider to comply with the notice. Notice of refusal to give a removal notice (3) If the Commissioner decides to refuse to give a removal notice under subsection (1), the Commissioner must give written notice of the refusal to the person who made the complaint to the Commissioner under section 36.