South Australian Current Acts South Australian Current Acts63AB—Offences relating to websites
(1) A person commits
an offence if—
(a) the
person hosts or administers, or assists in the hosting or administration of, a
website; and
(b) the
website is used by another person to deal with child exploitation material;
and
(c) the
person—
(i)
intends that the website be used by another person to
deal with child exploitation material; or
(ii)
is aware that the website is being used by another person
to deal with child exploitation material.
Maximum penalty: Imprisonment for 10 years.
(2) It is a defence to
a charge of an offence against subsection (1) to prove that the person,
on becoming aware that the website was being used, or had been used, by
another person to deal with child exploitation material, took all reasonable
steps, in the circumstances, to prevent any person from being able to use the
website to deal with child exploitation material.
(3) In determining
whether a person has taken all reasonable steps, in the circumstances, for the
purposes of subsection (2), regard must be had as to whether the person,
as soon as it was reasonably practicable, did any of the following:
(a) shut
the website down;
(b)
modified the operation of the website so that it could not be used to deal
with child exploitation material;
(c)
notified a police officer that the website was being, or had been, used to
deal with child exploitation material, and complied with any reasonable
directions given by a police officer as to action to be taken by the person in
relation to that use of the website;
(d)
notified a relevant industry regulatory authority that the website was being,
or had been, used to deal with child exploitation material, and complied with
any reasonable directions given by the authority as to action to be taken by
the person in relation to that use of the website.
(4) In proceedings for
an offence against subsection (1), it is not necessary to prove the
identity of the person that was using the website to deal with child
exploitation material.
(5) A person commits
an offence if—
(a) the
person encourages another person to use a website; and
(b) the
person intends that the other person use the website to deal with child
exploitation material.
Maximum penalty: Imprisonment for 10 years.
(6) In proceedings for
an offence against subsection (5), it is not necessary to prove—
(a) the
identity of the person encouraged to use the website to deal with child
exploitation material; or
(b) that
another person in fact used the website to deal with child exploitation
material; or
(c) if
another person did in fact use the website, that it was the person's
encouragement that caused the other person to do so.
(7) A person commits
an offence if—
(a) the
person provides information to another person; and
(b) the
person intends the other person to use the information for the purpose of
avoiding or reducing the likelihood of apprehension for an offence committed
by that other person against this Division.
Maximum penalty: Imprisonment for 10 years.
(8) In proceedings for
an offence against subsection (7), it is not necessary to prove—
(a) the
identity of the person to whom the information was provided; or
(b) that
the information was actually used by the other person.