Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_47:p2
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 47 (pt 2/3)
Character Range: 78436–81185

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 for classification of the content.

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

 (3) 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 content does not consist of an eligible electronic publication; and
 (c) the ACMA is satisfied that, if the content were to be classified by the Classification Board, there is a substantial likelihood that the content would be classified R 18+ or MA 15+;
the ACMA must:
 (d) 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 B 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
 (e) apply to the Classification Board under clause 22 for classification of the content.

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

 (4) If, in response to an application made as required by subclause (2) or (3), the ACMA is informed under paragraph 23(b) of the classification of particular content, the ACMA must:
 (a) give the relevant hosting service provider a written notice setting out the classification; and
 (b) in a case where:
 (i) the content does not consist of an eligible electronic publication; and
 (ii) the effect of the classification is that the content is prohibited content because it 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 provider to take such steps as are necessary to ensure that a type A remedial situation exists in relation to the content; and
 (c) in a case where:
 (i) the content does not consist of an eligible electronic publication; and
 (ii) the effect of the classification is that the content is prohibited content because it 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 provider to take such steps as are necessary to ensure that a type B remedial situation exists in relation to the content; and
 (d) in a case where:
 (i) the content consists of an eligible electronic publication; and
 (ii) the effect of the classification