Western Australian Consolidated Acts Western Australian Consolidated Acts (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;
(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 by No. 30 of 2003
s. 41(2); No. 84 of 2004 s. 82.]
[Heading inserted by No. 30 of 2003
s. 22.]