Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_4
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 4
Character Range: 35254–36127

4  Hosting service

  For the purposes of this Schedule, if:
 (a) a person (the first person) hosts stored content; and
 (b) the hosted content does not consist of:
 (i) voicemail messages; or
 (ii) video mail messages; or
 (iii) email messages; or
 (iv) SMS messages; or
 (v) MMS messages; or
 (vi) messages specified in the regulations; and
 (c) the first person or another person provides a content service that:
 (i) provides the hosted content; and
 (ii) is provided to the public (whether on payment of a fee or otherwise);
the hosting of the stored content by the first person is taken to be the provision by the first person of a hosting service to the public.

Note 1: SMS is short for short message service.

Note 2: MMS is short for multimedia message service.

Note 3: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.