Document ID: chunk:federal_register_of_legislation:C2020A00078:clause:1_127a:p2
Version: federal_register_of_legislation:C2020A00078
Segment Type: clause
Provision Reference: sch 1 cl 127A (pt 2/3)
Character Range: 16580–19351

online search engine provider; and
 (d) the person who operates the online location if, but only if, that person makes an application to be joined as a party to the proceedings.

Service
 (6) TEQSA must notify:
 (a) the carriage service provider; and
 (b) if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—the online search engine provider; and
 (c) the person who operates the online location;
of the making of an application under subsection (1), but the Court may dispense, on such terms as it sees fit, with the notice required to be sent under paragraph (c) if the Court is satisfied that TEQSA is unable, despite reasonable efforts, to determine the identity or address of the person who operates the online location, or to send notices to that person.

Matters to be taken into account
 (7) In determining whether to grant the injunction, the Court may take the following matters into account:
 (a) whether disabling access to the online location is a proportionate response in the circumstances;
 (b) if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—whether not providing search results that refer users to the online location is a proportionate response in the circumstances;
 (c) the impact on any person, or class of persons, likely to be affected by the grant of the injunction;
 (d) whether it is in the public interest to disable access to the online location;
 (e) if the application under subsection (1) also sought for the injunction to apply against an online search engine provider—whether it is in the public interest not to provide search results that refer users to the online location;
 (f) whether TEQSA complied with subsection (6);
 (g) any other remedies available under this Act;
 (h) any other matter prescribed by the regulations;
 (i) any other relevant matter.

Rescinding and varying injunctions
 (8) The Court may:
 (a) limit the duration of; or
 (b) upon application, rescind or vary;
an injunction granted under this section.
 (9) An application under subsection (8) may be made by:
 (a) any of the persons referred to in subsection (5); or
 (b) any other person prescribed by the regulations.
 (10) An application under subsection (8) must not request the Court to vary the injunction so that it applies to an online search engine provider that is covered by a declaration under subsection (11).

Declarations excluding online search engine providers
 (11) The Minister may, by legislative instrument, declare that:
 (a) a particular online search engine provider; or
 (b) an online search engine provider that is a member of a particular class;
must not be specified in an application under