Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:29
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 29
Character Range: 48282–49724

29  Application of this Division
 (1) For the purposes of condition 3 of item 4 (Category C activities) of the table in subsection 116AH(1) of the Act, this Division prescribes the procedure to be followed in relation to copyright material residing on a service provider's system or network if the service provider becomes aware (except as described in subsection (2)):
 (a) that the material is infringing; or
 (b) of facts or circumstances that make it apparent that the material is likely to be infringing.
Note: The service provider must act expeditiously to remove or disable access to copyright material residing on its system or network if the service provider becomes aware of a matter mentioned in paragraph (1)(a) or (b) in relation to the material—see condition 2A of item 4 of the table in subsection 116AH(1) of the Act.
 (2) This Division does not apply if the service provider becomes aware of a matter mentioned in paragraph (1)(a) or (b) as a result of receiving a notice of claimed infringement under Division 4, or any other notification, from the owner or exclusive licensee of the copyright in the material or from an agent of the owner or licensee.
Note: The procedure prescribed in Division 4 applies if the service provider receives a notice of claimed infringement in relation to the copyright material from the owner or exclusive licensee of the copyright in the material or from an agent of the owner or licensee.