Page:X Corp v eSafety Commissioner (2024, FCA).pdf/12

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17:00 Australian Eastern Daylight Time on 29 March 2023, or a later date if agreed by the Commissioner. Mr Quill responded by email the following day, stating that Twitter Inc would send its response in due course.

28 The notice had the following features –

(a) the notice was given under cover of a letter addressed to Twitter Inc, care of Mr Quill;
(b) the notice itself was directed to Twitter Inc;
(c) the cover page of the notice included the following text –

This non-periodic reporting notice (Notice) is given to you under section 56(2) of the Online Safaty [sic] Act 2021 (Cth) (the Act) in respect of the following service that you provide in Australia:

1. Twitter, being a 'social media service' within the definition of section 13 of the Act.

You are required to prepare a report about the extent to which you complied with the applicable basic online safety expectations specified in Schedule A from 24 January 2022 to 31 January 2023 inclusive (Report Period).

The report must include answers to the questions specified in Schedule B, and use the template provided.

You are required to give the report to the Commissioner within 35 days of being given this notice (being no later than 17:00 Australian Eastern Daylight Time on 29 March 2023) or within such longer period as I allow if I am contacted by you with a request for extension.

The report is to be given to the Commissioner by email to [address]@esafety.gov.au …

29 A copy of Schedule B to the notice was not tendered, but the response to the reporting notice was. It can be inferred from the response that Schedule B contained 31 numbered questions, which themselves included sub-questions. Most of the questions were expressed to enquire about present states of affairs. One question, namely Question 9, was directed to the "reporting period".

30 On 29 March 2023, Mr Quill sent by email a covering letter and a document to the Commissioner that was said to relate to the reporting notice. The covering letter stated –

Please see enclosed Twitter Inc's [Twitter] response to the Non-periodic reporting BOSE notice (the Notice) sent under section 56(2) of the Online Safety Act 2021 (Cth) (the Act) on February 22nd.

The report is provided without prejudice. While avenues are available legally or administratively as communicated to us are reserved by Twitter, in the first instance seek to submit this report on the date requested, and to work as cooperatively as possible.


X Corp v eSafety Commissioner [2024] FCA 1159
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