Victorian Current Acts

CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) (ENFORCEMENT) ACT 1995 - SECT 58

    (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—

S. 58(2)(a) amended by No. 68/2009 s. 97(Sch. item 20.18).

        (a)     the accused—

              (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

S. 58(2)(b) amended by No. 68/2009 s. 97(Sch. item 20.18).

        (b)     the accused 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—

S. 58(5)(a) amended by No. 68/2009 s. 97(Sch. item 20.18).

        (a)     the accused 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

S. 58(5)(b) amended by No. 68/2009 s. 97(Sch. item 20.18).

        (b)     the accused—

              (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.

S. 59 amended by No. 72/2012 s. 20 (ILA s. 39B(1)).