Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_47:p1
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 47 (pt 1/3)
Character Range: 75913–78690

47  Action to be taken in relation to hosting services

Prohibited content

 (1) If, in the course of an investigation under Division 2, the ACMA is satisfied that:
 (a) content hosted by a hosting service provider is prohibited content; and
 (b) the relevant hosting service has an Australian connection;
the ACMA must:
 (c) if:
 (i) the content does not consist of an eligible electronic publication; and
 (ii) the content has been classified RC or X 18+ by the Classification Board;
  give the hosting service provider a written notice (a final take‑down notice) directing the hosting service provider to take such steps as are necessary to ensure that a type A remedial situation exists in relation to the content; or
 (d) if:
 (i) the content does not consist of an eligible electronic publication; and
 (ii) the content has been classified R 18+ or MA 15+ by the Classification Board;
  give the hosting service provider a written notice (a final take‑down notice) directing the hosting service provider to take such steps as are necessary to ensure that a type B remedial situation exists in relation to the content; or
 (e) if:
 (i) the content consists of an eligible electronic publication; and
 (ii) the content has been classified RC, category 2 restricted or category 1 restricted by the Classification Board;
  give the hosting service provider a written notice (a final take‑down notice) directing the hosting service provider to take such steps as are necessary to ensure that a type A remedial situation exists in relation to the content.

Note 1: For type A remedial situation, see subclause (6).

Note 2: For type B remedial situation, see subclause (7).

Potential prohibited content

 (2) If:
 (a) in the course of an investigation under Division 2, the ACMA is satisfied that:
 (i) content hosted by a hosting service provider is potential prohibited content; and
 (ii) the relevant hosting service has an Australian connection; and
 (b) the ACMA is satisfied that, if the content were to be classified by the Classification Board, there is a substantial likelihood that:
 (i) if the content does not consist of an eligible electronic publication—the content would be classified RC or X 18+; or
 (ii) if the content consists of an eligible electronic publication—the content would be classified RC or category 2 restricted;
the ACMA must:
 (c) give the hosting service provider a written notice (an interim take‑down notice) directing the provider to take such steps as are necessary to ensure that a type A remedial situation exists in relation to the content until the ACMA notifies the hosting service provider under subclause (4) of the Classification Board's classification of the content; and
 (d) apply to the Classification Board under clause 22