37 On 5 May 2023, Mr Quill sent an email to the Commissioner attaching responses to the clarifying, or "follow-up" questions. The responses were set out in the table format for the questions that had been supplied by the Commissioner.
38 Between 10 July 2023 and 20 October 2023 there were exchanges of correspondence between Thomson Geer and the office of the Commissioner in relation to the office's proposal to publish a summary of the information provided in response to the reporting notice on the Commissioner's website in the exercise of the Commissioner's powers under the Online Safety Act. On 2 August 2023, X Corp itself sent an undated communication to the Commissioner in relation to the proposed publication of information. The communication from X Corp referred to the attached "final submissions from X Corp. (successor in interest to Twitter, Inc.)".
39 As I mentioned earlier, an infringement officer issued an infringement notice to X Corp on 3 October 2023, alleging contraventions of s 57 of the Online Safety Act, and on the same day the Commissioner gave X Corp a service provider notification under s 62(1) of the Online Safety Act alleging non-compliance with the reporting notice. Thereafter, on 15 October 2023, Thomson Geer on behalf of X Corp made a submission to the Commissioner seeking the withdrawal of the infringement notice, or alternatively the issue of a formal warning, and an amendment of the service provider notification on the supposition that no infringement notice was given. In the further alternative, it was submitted that the penalty should be reduced to $16,500. The submission included the following passages–
X acknowledges its obligation to comply with non-periodic reporting notices given under section 56(2) Online Safety Act 2021 to the extent that X is capable of doing so, in accordance with section 57 of the Online Safety Act 2021.
X has fulfilled its statutory obligation and has complied with the BOSE Notice [being a reference to the reporting notice] to the extent that it was capable, in all circumstances.
40 After considering the submissions of X Corp, the Commissioner decided not to withdraw the infringement notice or the service provider notification, and Thomson Geer was advised of this decision on 20 October 2023.
41 On 27 October 2023, the Commissioner extended until 10 November 2023 the time within which X Corp might pay the amount stated in the infringement notice. X Corp did not pay the amount, and on 10 November 2023 it commenced this proceeding.
42 On 21 December 2023, the Commissioner commenced her own proceeding against X Corp, seeking the imposition of civil penalties and the making of declarations in respect of a claimed
