Broadcasting Services Act 1992

The ACMA may, by writing, determine that a specified online content service is exempt from online content service provider rules made for the purposes of subclause 13(1) or (2).

The ACMA may, by writing, determine that a specified online content service is exempt from one or more specified provisions of online content service provider rules made for the purposes of subclause 13(1) or (2).

The ACMA may, by writing, determine that a specified online content service provider is exempt from online content service provider rules made for the purposes of subclause 13(1) or (2).

The ACMA may, by writing, determine that a specified online content service provider is exempt from one or more specified provisions of online content service provider rules made for the purposes of subclause 13(1) or (2).

In deciding whether to make a determination under subclause (1) or (2) in relation to an online content service, the ACMA must have regard to:

whether the online content service is a small online content service; and

whether a failure to make the determination would be likely to have a substantial adverse effect on the financial circumstances of the provider of the online content service; and

the likely impact of a failure to make the determination on the quantity and quality of content provided on the online content service; and

such other matters (if any) as the ACMA considers relevant.

In deciding whether to make a determination under subclause (3) or (4) in relation to an online content service provider, the ACMA must have regard to:

whether the online content services provided by the provider are small online content services; and

whether a failure to make the determination would be likely to have a substantial adverse effect on the financial circumstances of the provider; and

the likely impact of a failure to make the determination on the quantity and quality of the content provided on the online content services provided by the provider; and

such other matters (if any) as the ACMA considers relevant.

For the purposes of this clause, in determining whether an online content service is a small online content service, the ACMA must have regard to:

if the service has accounts for end‑users—the number of accounts that are held by end‑users who are ordinarily resident in Australia; and

if the service does not have accounts for end‑users—the number of end‑users who are ordinarily resident in Australia; and

such other matters (if any) as the ACMA considers relevant.

For the purposes of paragraphs (7)(a) and (b), the ACMA may make such assumptions and estimates as the ACMA considers reasonable.

The ACMA may publish on the ACMA’s website a statement that explains the ACMA’s approach to the administration of subclauses (7) and (8).

A statement under subclause (9) is not a legislative instrument.

A determination under this clause may be:

unconditional; or

subject to such conditions (if any) as are specified in the determination.

If the ACMA makes a determination under subclause (1), (2), (3) or (4), the ACMA must publish a copy of the determination on the ACMA’s website.

Subsection 13(3) of the Legislation Act 2003 does not apply to subclause (1), (2), (3) or (4).

A determination made under subclause (1), (2), (3) or (4) is not a legislative instrument.