Northern Territory Consolidated Acts

CLASSIFICATION OF PUBLICATIONS, FILMS AND COMPUTER GAMES ACT - SECT 78

(1) A person must not use a computer service to transmit or make restricted material available to a child.

Fault elements:

(a) intentionally transmitting or making the material available; and

(b) knowledge that, or recklessness as to whether, the material is restricted material; and

(c) knowledge that, or recklessness as to whether, the recipient or intended recipient of the material is a child.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant:

(a) complied with a code of practice; or

(b) took all reasonable steps to avoid a contravention of the subsection; or

(c) believed, on reasonable grounds, that:

(i) the person to whom the defendant transmitted the restricted material was not a child; or

(ii) the restricted material would not be made available to a child.