Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_104
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 104
Character Range: 149847–151123

104  Designated content/hosting service provider determinations

 (1) The ACMA may, by legislative instrument, determine rules that apply to designated content/hosting service providers in relation to the provision of designated content/hosting services.

 (2) A determination under subclause (1) is called a designated content/hosting service provider determination.

 (3) A designated content/hosting service provider determination has effect only to the extent that:
 (a) it is authorised by paragraph 51(v) of the Constitution (either alone or when read together with paragraph 51(xxxix) of the Constitution); or
 (b) both:
 (i) it is authorised by section 122 of the Constitution; and
 (ii) it would have been authorised by paragraph 51(v) of the Constitution (either alone or when read together with paragraph 51(xxxix) of the Constitution) if section 51 of the Constitution extended to the Territories.

 (4) The ACMA must not make a designated content/hosting service provider determination unless the determination relates to a matter specified in the regulations.

 (5) A designated content/hosting service provider determination may make provision for or in relation to a particular matter by empowering the ACMA to make decisions of an administrative character.