CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996 - SECT 102
CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1996 - SECT 102
102 . Restricted material, offences as to
(1) A person must not
use a computer service to transmit restricted material to a minor.
Penalty: $5 000.
(2) A person must not
use a computer service to make restricted material available to a minor.
Penalty: $5 000.
(3) It is a defence to
a charge of an offence against subsection (1) or (2) to prove that —
(a) the
accused complied with a code of practice; or
(b) the
accused took all reasonable steps in the circumstances to avoid a
contravention of the subsection; or
(c) the
accused believed on reasonable grounds that —
(i)
the person to whom the accused transmitted the restricted
material was not a minor; or
(ii)
the restricted material would not be made available to a
minor.
[Section 102 amended: No. 30 of 2003 s. 41(2); No.
84 of 2004 s. 82.]
[Heading inserted: No. 30 of 2003 s. 22.]