Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_125
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 125
Character Range: 954187–956344

125  When a prescribed communications provider meets the enforcement threshold
 (1) For the purposes of this Schedule, if:
 (a) a prescribed communications provider owns or operates a telecommunications network that is used to supply a transmission service to one or more Australians; or
 (b) a prescribed communications provider supplies a transmission service to one or more Australians; or
 (c) a prescribed communications provider provides a message/call application service to one or more Australians; or
 (d) a prescribed communications provider provides a storage/back‑up service to one or more Australians; or
 (e) one or more Australians have posted material on a general electronic content service provided by a prescribed communications provider;
the prescribed communications provider meets the enforcement threshold unless:
 (f) if paragraph (a) applies—the provider of a transmission service supplied using the telecommunications network cannot reasonably be considered to have offered or provided the transmission service on the basis of the service being available to Australians; and
 (g) if paragraph (b) applies—the prescribed communications provider cannot reasonably be considered to have offered or provided the transmission service on the basis of the service being available to Australians; and
 (h) if paragraph (c) applies—the prescribed communications provider cannot reasonably be considered to have offered or provided the message/call application service on the basis of the service being available to Australians; and
 (i) if paragraph (d) applies—the prescribed communications provider cannot reasonably be considered to have offered or provided the storage/back‑up service on the basis of the service being available to Australians; and
 (j) if paragraph (e) applies—the prescribed communications provider cannot reasonably be considered to have offered or provided the general electronic content service on the basis of the opportunity to post material on the service being available to Australians.

Australian
 (2) For the purposes of this clause, Australian means an individual who is ordinarily resident in Australia.