"Internet content" has the same meaning as it has in the Commonwealth Act.
"on-line service" means an Internet carriage service within the meaning of the
Commonwealth Act and includes a bulletin board.
(2) A person must not, by
means of an on-line service, make available, or supply, to another person
prohibited adoption advertising--
(a) knowing that it is prohibited adoption
advertising, or
(b) being reckless as to whether or not it is prohibited
adoption advertising.
: Maximum penalty--25 penalty units or imprisonment for
12 months, or both.
Note : "Prohibited adoption advertising" is defined in section 176.
(3) This section
applies to an on-line service other than an on-line service, or on-line
service of a class, prescribed by the regulations.
(4) Nothing in this
section makes it an offence to supply prohibited adoption advertising by means
of an on-line service to any person, or class of persons, prescribed by the
regulations.
(5) A person is not guilty of an offence under this section by
reason only of the person--
(a) owning, or having the control and management
of the operation of, an on-line service, or
(b) facilitating access to or
from an on-line service by means of transmission, down loading, intermediate
storage, access software or similar capabilities.
(6) A person is reckless as
to whether matter is prohibited adoption advertising--
(a) if the person is
aware of a substantial risk that the matter is prohibited adoption
advertising, and
(b) that having regard to the circumstances known to the
person, it is unjustifiable to take the risk.
(7) The question of whether
taking a risk is unjustifiable is one of fact.
