Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_68
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 68
Character Range: 115308–116926

68  Compliance with rules relating to prohibited content etc.

Interim link‑deletion notice

 (1) A links service provider must comply with an interim link‑deletion notice that applies to the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.

Final link‑deletion notice

 (2) A links service provider must comply with a final link‑deletion notice that applies to the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.

Special link‑deletion notice

 (3) A links service provider must comply with a special link‑deletion notice that applies to the provider as soon as practicable, and in any event by 6 pm on the next business day, after the notice was given to the provider.

 (4) In proceedings relating to a contravention of subclause (3), it is a defence if the links service provider proves:
 (a) that the provider did not know; and
 (b) that the provider could not, with reasonable diligence, have ascertained;
that the relevant content was prohibited content or potential prohibited content.

Note: In criminal proceedings, a defendant bears a legal burden in relation to the matters in subclause (4)—see section 13.4 of the Criminal Code.

Undertaking

 (5) A links service provider must comply with an undertaking given by the provider and accepted under clause 63.

Designated content/hosting service provider rule

 (6) Subclauses (1), (2), (3) and (5) are designated content/hosting service provider rules.

Division 6—Law enforcement agencies