Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_108
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 108
Character Range: 153007–155034

108  Remedial directions—breach of designated content/hosting service provider rules

 (1) This clause applies if the ACMA is satisfied that a designated content/hosting service provider has contravened, or is contravening, a designated content/hosting service provider rule that applies to the provider.

 (2) The ACMA may give the designated content/hosting service provider a written direction requiring the provider to take specified action directed towards ensuring that the provider does not contravene the rule, or is unlikely to contravene the rule, in the future.

 (3) The following are examples of the kinds of direction that may be given to a designated content/hosting service provider under subclause (2):
 (a) a direction that the provider implement effective administrative systems for monitoring compliance with a designated content/hosting service provider rule;
 (b) a direction that the provider implement a system designed to give the provider's employees, agents and contractors a reasonable knowledge and understanding of the requirements of a designated content/hosting service provider rule, in so far as those requirements affect the employees, agents or contractors concerned.

Offence

 (4) A person commits an offence if:
 (a) the person is subject to a direction under subclause (2); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the direction.

Penalty: 100 penalty units.

 (5) A person who contravenes subclause (4) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

Civil penalty

 (6) A person must comply with a direction under subclause (2).

 (7) Subclause (6) is a civil penalty provision.

 (8) A person who contravenes subclause (6) commits a separate contravention of that subclause in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.