Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_37:p1
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 37 (pt 1/2)
Character Range: 66884–69588

37  Complaints about prohibited content or potential prohibited content

Complaints about access to prohibited content or potential prohibited content

 (1) If a person has reason to believe that end‑users in Australia can access prohibited content or potential prohibited content provided by a content service, the person may make a complaint to the ACMA about the matter.

Complaints about hosting services

 (2) If a person has reason to believe that a hosting service is:
 (a) hosting prohibited content; or
 (b) hosting potential prohibited content;
the person may make a complaint to the ACMA about the matter.

Complaints about links services

 (3) If a person has reason to believe that end‑users in Australia can access prohibited content or potential prohibited content using a link provided by a links service, the person may make a complaint to the ACMA about the matter.

Content of complaint

 (4) A complaint under subclause (1), (2) or (3) about particular content must:
 (a) identify the content; and
 (b) if the content is stored content—set out how to access the content (for example: set out a URL, a password, or the name of a newsgroup); and
 (c) if:
 (i) the content is stored content; and
 (ii) the complainant knows the country or countries in which the content is hosted;
  set out the name of that country or those countries; and
 (d) if the content is live content—set out details of how the content was accessed (for example: set out a URL or a password); and
 (e) if:
 (i) the content is live content; and
 (ii) the complainant believes that a particular incident depicted by the live content is sufficient to characterise the content as prohibited content or potential prohibited content;
  set out the date and approximate time when that incident occurred; and
 (f) set out the complainant's reasons for believing that the content is prohibited content or potential prohibited content; and
 (g) set out such other information (if any) as the ACMA requires.

 (5) The rule in paragraph (4)(b) does not apply to a complaint to the extent (if any) to which finding out how to access the content would cause the complainant to contravene a law of the Commonwealth, a State or a Territory.

 (6) The rule in paragraph (4)(d) does not apply to a complaint to the extent (if any) to which finding out how the content was accessed would cause the complainant to contravene a law of the Commonwealth, a State or a Territory.

Timing of complaint about live content

 (7) If:
 (a) a person makes a complaint under subclause (1) about live content; and
 (b) the person believes that a particular incident depicted in the live content is sufficient to characterise the content as