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Part 5 · Powers to Give Directions and Orders

41. Part 5 directions — general supplementary provisions

(1)

A Part 5 direction may be given to a person either individually or as a class.

(2)

A Part 5 direction is binding on —

(a)

the recipient; and

(b)

if applicable, the personal representatives, successors and assignees of the recipient to the same extent as it applies to the recipient.

(3)

It is not necessary to give any person who may be affected by a Part 5 direction an opportunity to be heard before the direction is given.

(4)

A Part 5 direction must —

(a)

so far as is reasonably practicable, identify the account, app, online material (or class of online material) or online location (as the case may be) to which the direction relates in a way that is sufficient to enable the recipient to comply with the direction;

(b)

state that it is an offence under this Act to fail to comply with the direction; and

(c)

state that the recipient may apply for reconsideration of the direction or appeal against the direction.

(5)

A Part 5 direction may state whether the recipient must do all or any of the following, whichever being applicable:

(a)

notify the Commissioner by the time specified in the direction of the means by which the recipient proposes to comply with the direction;

(b)

keep records of information about the matters that are the subject of the direction for a time specified in the direction;

(c)

regularly notify the Commissioner at the times specified in the direction about the steps being taken towards compliance with the direction;

(d)

give written notice to the Commissioner when the recipient has complied with the direction.

(6)

The recipient of a Part 5 direction must comply with the Part 5 direction until the earlier of the following occurs:

(a)

the expiry date and time (if any) stated in the direction is reached;

(b)

the Part 5 direction is cancelled, revoked or substituted under section 42(1), 59(1) or 64.

Part 6

Information and End‑User Identity Matters

Part 7

Reconsideration and Appeals

Part 8

Offences and Enforcement

Part 9

General and Miscellaneous

Part 10

Online Harmful Activities — Torts

Part 11

Administrators — Duties and Torts

Part 12

Online Service Providers — Duties and Torts

Part 13

Damages and Remedies

Part 14

Jurisdictional, Procedural and Miscellaneous Matters

Part 15

Amendments to Other Acts

Schedules