Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_59a
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 59A
Character Range: 98618–100985

59A  Anti‑avoidance—special service‑cessation notices

 (1) If:
 (a) an interim service‑cessation notice or a final service‑cessation notice relating to a particular live content service is applicable to a particular live content service provider; and
 (b) the ACMA is satisfied that the live content service provider:
 (i) is providing; or
 (ii) is proposing to provide;
  another live content service that is substantially similar to the first‑mentioned live content service; and
 (c) the ACMA is satisfied that the other live content service:
 (i) has provided; or
 (ii) is providing; or
 (iii) is likely to provide;
  prohibited content or potential prohibited content;
the ACMA may:
 (d) if the interim service‑cessation notice or final service‑cessation notice, as the case may be, was given under paragraph 56(1)(c), (2)(d) or (4)(b) of this Schedule—give the live content service provider a written notice (a special service‑cessation notice) directing the provider to take all reasonable steps to ensure that a type A remedial situation exists in relation to the other live content service at any time when the interim service‑cessation notice or final service‑cessation notice, as the case may be, is in force; or
 (e) in any other case—give the live content service provider a written notice (a special service‑cessation notice) directing the provider to take all reasonable steps to ensure that a type B remedial situation exists in relation to the other live content service at any time when the interim service‑cessation notice or final service‑cessation 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 live content service provider, a type A remedial situation exists in relation to a live content service if the provider does not provide the live content service.

Type B remedial situation

 (3) For the purposes of the application of this clause to a live content service provider, a type B remedial situation exists in relation to a live content service if:
 (a) the provider does not provide the live content service; or
 (b) access to any R 18+ or MA 15+ content provided by the live content service is subject to a restricted access system.