Document ID: chunk:federal_register_of_legislation:C2024C00854:section:4
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 4
Character Range: 354291–355549

4           Category C      1. The service provider must not receive a financial benefit that is directly attributable to the infringing activity if the service provider has the right and ability to control the activity.
                            2. The service provider must expeditiously remove or disable access to copyright material residing on its system or network upon receipt of a notice in the prescribed form that the material has been found to be infringing by a court.
                              2A. The service provider must act expeditiously to remove or disable access to copyright material residing on its system or network if the service provider:
                            (a) becomes aware that the material is infringing; or
                            (b) becomes aware of facts or circumstances that make it apparent that the material is likely to be infringing.
                             The service provider does not, in an action relating to this Division, bear any onus of proving a matter referred to in paragraph (a) or (b).
                            3. The service provider must comply with the prescribed procedure in relation to removing or disabling access to copyright material residing on its system or network.