Page:X Corp v eSafety Commissioner (2024, FCA).pdf/9

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

16 Section 56 is, relevantly, in the following terms –

56 Non-periodic reporting notice

Scope

(1) This section applies to the following services:

(a) a social media service, if there are basic online safety expectations for the service;

Notice

(2) The Commissioner may, by written notice given to the provider of the service, require the provider to:

(a) do whichever of the following is specified in the notice:
(ii) prepare a report about the extent to which the provider complied with one or more specified applicable basic online safety expectations during the period specified in the notice; and
(b) prepare the report in the manner and form specified in the notice; and
(c) give the report to the Commissioner:
(i) within the period specified in the notice; or
(ii) if the Commissioner allows a longer period—within that longer period.

(4) The period specified in subparagraph (2)(c)(i) must not be shorter than 28 days after the notice is given.

17 The terms of s 56(2)(c)(ii), which provide for the Commissioner to allow a longer period within which the provider may give the report, should be noted. As I have mentioned, one of the alternative issues in this application is whether the Commissioner allowed a longer period within which to comply with the reporting notice.

18 Section 57 provides –

57 Compliance with notice

A person must comply with a notice under subsection 56(2) to the extent that the person is capable of doing so.

Civil penalty: 500 penalty units.


X Corp v eSafety Commissioner [2024] FCA 1159
4