Victorian Consolidated Legislation

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 - SECT 58

Publication or transmission of certain material to minors

58. Publication or transmission of certain material to minors



(1) A person must not use an on-line information service to publish or
transmit, or make available for transmission, to a minor material unsuitable
for minors of any age.

Penalty:

   (a)  if the material is objectionable material-240 penalty units or
        imprisonment for 2 years;

   (b)  in any other case-60 penalty units or imprisonment for 6 months.

(2) It is a defence to a prosecution for an offence against subsection (1) to
prove that-

   (a)  the defendant-

   (i)  did not know and could not reasonably have known that the person to
        whom the material was published or transmitted or made available for
        transmission was a minor; and

   (ii) had taken reasonable steps to avoid publishing or transmitting, or
        making available for transmission, the material to a minor; or

   (b)  the defendant believed on reasonable grounds that the material was not
        material unsuitable for minors of any age.

(3) Subsection (1) does not apply to a person who provides an on-line
information service or a telecommunication service unless the person knowingly
publishes, transmits or makes available for transmission to a minor material
unsuitable for minors of any age.

(4) A person must not use an on-line information service to publish or
transmit, or make available for transmission, material to a minor under 15
knowing it to be material unsuitable for minors under 15.

Penalty: 30 penalty units.

(5) It is a defence to a prosecution for an offence against subsection (4) to
prove that-

   (a)  the defendant believed on reasonable grounds that the parent or
        guardian of the minor had consented to the material being published or
        transmitted, or made available for transmission, to the minor; or

   (b)  the defendant-

   (i)  did not know and could not reasonably have known that the person to
        whom the material was published or transmitted, or made available for
        transmission, was a minor under 15; and

   (ii) had taken reasonable steps to prevent publishing or transmitting, or
        making available for transmission, the material to a minor under 15.

(6) Subsection (4) does not apply to a person who provides an on-line
information service or a telecommunication service unless the person knowingly
publishes, transmits or makes available for transmission to a minor under 15
material unsuitable for minors under 15.