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 :d. eSafety investigators identified further instances of the same material being accessible at different URLs on X. The URLs to the Material, including the URLs identified by eSafety investigators has been included in Appendix B.


 * e. On 16 April 2024 an informal removal request for all of the U Rls included in Appendix B was sent to X via their Legal Request reporting portal at: https://leqalrequests.twitter.com/forms/landinq disclaimer. The following ticket numbers were provided: 365937303 and 365941713, but no further response was received. The Material is still available at the time of giving the Notice.


 * f. On 16 April 2024 the incident was described by the NSW Premier Chris Minns as an act of terrorism and the NSW Police Commissioner Karen Webb declared the incident a terrorist act.

(Footnotes omitted.)

(d) Reference is then made to "documents" taken into account. These were the offending material, two policy documents issued by the Commissioner and the relevant sections of the OS Act.

(e) Under the heading "Reasons for decision", the decision record says:

I am satisfied that the requirements for giving a removal notice under section 109 have been met. Having considered the above documents and information, I am satisfied that:


 * a. The Material is class 1 material as defined in section 106(b) of the Act, because:


 * i. the Material is a film or the contents of a film;


 * ii. the film has not been classified by the Classification Board under the Classification (Publications, Films and Computer Games) Act 1995; and


 * iii. if the film were to be classified, the film would likely to be classified RC (refused classification) by the Classification Board as it depicts matters of crime, cruelty and real violence in such a way that it offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that it would likely be classified RC.


 * b. The Material is provided on X which is a social media service as defined under section 13 of the Act because:


 * i. it is an electronic service that has the sole or primary purpose of enabling online social interaction between 2 or more end-users;


 * ii. the service allows end-users to link to, or interact with, some all of the other end-users; and


 * iii. the service allows end-users to post material on the service.


 * c. X Corp. is the provider of the social media service, X.


 * d. The Material is not provided on an exempt service as defined in section

eSafety Commissioner v X Corp [2024] FCA 499