21. Amendment of section 23

In the Online Criminal Harms Act, in section 23 —

replace the section heading with —“Regulatory action for non‑compliance with code of practice”;

replace subsection (1) with —“(1) If (whether upon a review of a report given pursuant to a code of practice or otherwise) the competent authority is of the opinion that a designated provider has not complied with any part of a code of practice that applies to the designated provider’s service, the competent authority may —

give the designated provider a notice (called in this Act a rectification notice) to rectify the non‑compliance with that part of the code of practice within the permitted time; or

subject to section 24B, order the designated provider to pay, in respect of each instance of non‑compliance with the code of practice, a financial penalty of any amount not exceeding $10 million that the competent authority thinks fit, within the time specified in the order.”; and

in subsections (2) and (4), replace “subsection (1)” with “subsection (1)(a)”.