Document ID: chunk:federal_register_of_legislation:C2025C00023:clause:8_15:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: clause
Provision Reference: sch 8 cl 15 (pt 1/2)
Character Range: 1050451–1053204

15  Individual exemptions from online content service provider rules
 (1) The ACMA may, by writing, determine that a specified online content service is exempt from online content service provider rules made for the purposes of subclause 13(1) or (2).
 (2) The ACMA may, by writing, determine that a specified online content service is exempt from one or more specified provisions of online content service provider rules made for the purposes of subclause 13(1) or (2).
 (3) The ACMA may, by writing, determine that a specified online content service provider is exempt from online content service provider rules made for the purposes of subclause 13(1) or (2).
 (4) The ACMA may, by writing, determine that a specified online content service provider is exempt from one or more specified provisions of online content service provider rules made for the purposes of subclause 13(1) or (2).

Decision‑making criteria
 (5) In deciding whether to make a determination under subclause (1) or (2) in relation to an online content service, the ACMA must have regard to:
 (a) whether the online content service is a small online content service; and
 (b) whether a failure to make the determination would be likely to have a substantial adverse effect on the financial circumstances of the provider of the online content service; and
 (c) the likely impact of a failure to make the determination on the quantity and quality of content provided on the online content service; and
 (d) such other matters (if any) as the ACMA considers relevant.
 (6) In deciding whether to make a determination under subclause (3) or (4) in relation to an online content service provider, the ACMA must have regard to:
 (a) whether the online content services provided by the provider are small online content services; and
 (b) whether a failure to make the determination would be likely to have a substantial adverse effect on the financial circumstances of the provider; and
 (c) the likely impact of a failure to make the determination on the quantity and quality of the content provided on the online content services provided by the provider; and
 (d) such other matters (if any) as the ACMA considers relevant.

Small online content service
 (7) For the purposes of this clause, in determining whether an online content service is a small online content service, the ACMA must have regard to:
 (a) if the service has accounts for end‑users—the number of accounts that are held by end‑users who are ordinarily resident in Australia; and
 (b) if the service does not have accounts for end‑users—the number of end‑users who are ordinarily resident in Australia; and
 (c) such other matters (if any) as the ACMA considers relevant.
 (8) For the purposes of paragraphs (7)(a)