Broadcasting Services Act 1992

For the purposes of this Part and subject to this section, a provider of an online content service is a person who:

is a constitutional corporation; and

provides the online content service.

For the purposes of this Part and subject to subsections (4), (5) and (6), a person does not provide an online content service merely because the person supplies an internet carriage service that enables content to be delivered or accessed.

For the purposes of this Part and subject to subsections (4), (5) and (6), a person does not provide an online content service merely because the person provides a billing service, or a fee collection service, in relation to an online content service.

The ACMA may, by writing, determine that, for the purposes of this Part, a specified person that is a constitutional corporation (and no other person) is a provider of a specified online content service.

The ACMA may, by writing, determine that, for the purposes of this Part, each of one or more specified persons that are constitutional corporations (and no other persons) are providers of a specified online content service.

The ACMA may, by writing, determine that, for the purposes of this Part, each of one or more specified persons that are constitutional corporations is a provider of a specified online content service, without limiting the application of subsection (1) to any other person.

The ACMA may, by writing, determine that, for the purposes of this Part, each of one or more specified persons is not a provider of a specified online content service.

A determination under subsection (4), (5), (6) or (7) has effect accordingly.

A determination under subsection (4), (5), (6) or (7) is not a legislative instrument.

The ACMA must publish a copy of a determination under subsection (4), (5), (6) or (7) on the ACMA’s website.