NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 (NO. 129, 2007) - SECT 30 Offences
NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 (NO. 129, 2007) - SECT 30
Offences(1) A person commits an offence if:
(a) a computer is a publicly funded computer; and
(b) the person is the responsible person for the computer; and
(c) the person contravenes one or more of the following provisions:
(i) subsection 26(1) or (2) (filters);
(ii) subsection 27(1) or (2) (keeping records);
(iii) subsection 28(4) (publication of acceptable use policy);
(iv) subsection 29(1), (5) or (7) (computer audits).
Penalty: 5 penalty units.
(2) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) Subsection (1) does not apply if:
(a) the responsible person contravenes subsection 26(2); and
(b) either:
(i) the filter was intentionally disabled by another person without the knowledge or consent of the responsible person; or
(ii) the filter was not required to filter content under subsection 26(3).
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) A person commits an offence if:
(a) a computer is a publicly funded computer; and
(b) the person is the responsible person for the computer; and
(c) the person contravenes subsection 29(4) (computer audits).
Penalty: 5 penalty units.
(5) A person commits an offence if:
(a) a computer is a publicly funded computer; and
(b) the person is the responsible person for the computer; and
(c) the person contravenes subsection 29(1) or (4) (computer audits); and
(d) material that contravenes a law of the Commonwealth, a State or a Territory is stored on, or has been accessed by, the computer; and
(e) if the person had not contravened that subsection, the storage of the material on, or the access of the material by, the computer would have been identified.
Penalty: 10 penalty units.
(6) A person commits an offence if:
(a) a computer is a publicly funded computer; and
(b) the person is the responsible person for the computer; and
(c) the person does not develop a policy in accordance with subsections 28(1), (2) and (3) (acceptable use policy).
Penalty: 5 penalty units.
(7) Subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(8) The offences created by this section apply to conduct engaged in on or after the 28th day after the day on which this Act receives the Royal Assent.