CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 75D

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ACT 1995 - SECT 75D

75D—Making available or supplying matter unsuitable for minors on on-line service

        (1)         A person must not, by means of an on-line service, make available or supply to another person any matter unsuitable for minors—

            (a)         knowing that it is matter unsuitable for minors; or

            (b)         being reckless as to whether or not it is matter unsuitable for minors.

Maximum penalty: $10 000.

        (2)         It is a defence to a prosecution for an offence against this section to prove that—

            (a)         an approved restricted access system operated, at the time of the offence, in relation to access by means of the on-line service to the matter unsuitable for minors; or

            (b)         the defendant intended, and had taken reasonable steps to ensure, that such a system would so operate and any failure of the system to so operate did not result from any act or omission of the defendant.

        (3)         In this section—

"approved restricted access system" means—

            (a)         a restricted access system within the meaning of the Commonwealth Broadcasting Act; or

            (b)         any other system of limiting access declared by the Minister, by notice published in the Gazette, to be an approved restricted access system for the purposes of this definition.

        (4)         A notice declaring a system of limiting access to be an approved restricted access system may be varied or revoked by the Minister by subsequent notice published in the Gazette.