Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_67
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 67
Character Range: 112754–115308

67  Anti‑avoidance—special link‑deletion notices

 (1) If:
 (a) an interim link‑deletion notice or a final link‑deletion notice relating to particular content is applicable to a particular links service provider; and
 (b) the ACMA is satisfied that the links service provider is providing, or is proposing to provide, a link to content (the similar content) that is the same as, or substantially similar to, the content identified in the interim link‑deletion notice or the final link‑deletion notice, as the case may be; and
 (c) the ACMA is satisfied that the similar content is prohibited content or potential prohibited content;
the ACMA may:
 (d) if the interim link‑deletion notice or the final link‑deletion notice, as the case may be, was given under paragraph 62(1)(d), (1)(f), (2)(c), (4)(b) or (4)(d)—give the links service provider a written notice (a special link‑deletion notice) directing the provider to take all reasonable steps to ensure that a type A remedial situation exists in relation to the similar content at any time when the interim link‑deletion notice or the final link‑deletion notice, as the case may be, is in force; or
 (e) in any other case—give the links service provider a written notice (a special link‑deletion notice) directing the provider to take all reasonable steps to ensure that a type B remedial situation exists in relation to the similar content at any time when the interim link‑deletion notice or the final link‑deletion notice, as the case may be, is in force.

Note 1: For type A remedial situation, see subclause (2).

Note 2: For type B remedial situation, see subclause (3).

Type A remedial situation

 (2) For the purposes of the application of this clause to a links service provider, a type A remedial situation exists in relation to the similar content if:
 (a) the provider ceases to provide a link to the similar content using the links service concerned; or
 (b) the similar content is not provided by a content service provided to the public (whether on payment of a fee or otherwise).

Type B remedial situation

 (3) For the purposes of the application of this clause to a links service provider, a type B remedial situation exists in relation to the similar content if:
 (a) the provider ceases to provide a link to the similar content using the links service concerned; or
 (b) the similar content is not provided by a content service provided to the public (whether on payment of a fee or otherwise); or
 (c) access to the similar content is subject to a restricted access system.