Document ID: chunk:federal_register_of_legislation:C2018A00028:clause:8_26
Version: federal_register_of_legislation:C2018A00028
Segment Type: clause
Provision Reference: sch 8 cl 26
Character Range: 42468–44357

26  Remedial directions—breach of the online content service provider rules

Scope
 (1) This clause applies if an online content service provider has contravened, or is contravening, the online content service provider rules.

Remedial directions
 (2) The ACMA may give the provider a written direction requiring the provider to take specified action directed towards ensuring that the provider does not contravene the online content service provider rules, or is unlikely to contravene the online content service provider rules, in the future.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (3) The following are examples of the kinds of direction that may be given to an online content service provider under subclause (2):
 (a) a direction that the provider implement effective administrative systems for monitoring compliance with the online content service provider rules;
 (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 the online content service provider rules, in so far as those requirements affect the employees, agents or contractors concerned.
 (4) An online content service provider must not contravene a direction under subclause (2).

Civil penalty provision
 (5) Subclause (4) is a civil penalty provision.
 (6) An online content service provider who contravenes subclause (4) 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.

Notice
 (7) For the purposes of this Act and the Australian Communications and Media Authority Act 2005, a direction under subclause (2) is taken to be a notice under this Schedule.

Part 6—Miscellaneous