Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_56:p1
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 56 (pt 1/3)
Character Range: 90577–93280

56  Action to be taken in relation to live content services

Prohibited content

 (1) If, in the course of an investigation under Division 2, the ACMA is satisfied that:
 (a) live content provided by a live content service is prohibited content; and
 (b) the live content service has an Australian connection;
the ACMA must:
 (c) if the content has been classified RC or X 18+ by the Classification Board—give the live content service provider a written notice (a final service‑cessation notice) directing the live content service provider to take such steps as are necessary to ensure that a type A remedial situation exists in relation to the live content service; or
 (d) if the content has been classified R 18+ or MA 15+ by the Classification Board—give the live content service provider a written notice (a final service‑cessation notice) directing the live content service provider to take such steps as are necessary to ensure that a type B remedial situation exists in relation to the live content service.

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) live content provided by a live content service is potential prohibited content; and
 (ii) the live content 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 the content would be classified RC or X 18+; and
 (c) the ACMA has:
 (i) a recording of the content; or
 (ii) a copy of such a recording;
the ACMA must:
 (d) give the live content service provider a written notice (an interim service‑cessation notice) directing the provider to take such steps as are necessary to ensure that a type A remedial situation exists in relation to the live content service until the ACMA notifies the live content 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 A remedial situation, see subclause (6).

 (3) If:
 (a) in the course of an investigation under Division 2, the ACMA is satisfied that:
 (i) live content provided by a live content service is potential prohibited content; and
 (ii) the live content 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 the content would be classified R 18+ or MA 15+; and
 (c) the ACMA has:
 (i) a