Document ID: chunk:federal_register_of_legislation:C2007A00124:clause:7_52
Version: federal_register_of_legislation:C2007A00124
Segment Type: clause
Provision Reference: sch 7 cl 52
Character Range: 85899–88337

52  Anti‑avoidance—special take‑down notices

 (1) If:
 (a) an interim take‑down notice or a final take‑down notice relating to particular content is applicable to a particular hosting service provider; and
 (b) the ACMA is satisfied that the hosting service provider is hosting, or is proposing to host, content (the similar content) that is the same as, or substantially similar to, the content identified in the interim take‑down notice or the final take‑down 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 take‑down notice or final take‑down notice, as the case may be, was given under paragraph 47(1)(c), (1)(e), (2)(c), (4)(b) or (4)(d) of this Schedule—give the hosting service provider a written notice (a special take‑down 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 take‑down notice or final take‑down notice, as the case may be, is in force; or
 (e) in any other case—give the hosting service provider a written notice (a special take‑down 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 take‑down notice or final take‑down 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 hosting service provider, a type A remedial situation exists in relation to the similar content at a particular time if:
 (a) the provider does not host the similar content; 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 hosting service provider, a type B remedial situation exists in relation to content at a particular time if:
 (a) the provider does not host the similar content; 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.