Criminal Code Act 1899

A person who administers a website knowing the website is used to distribute child exploitation material commits a crime.Maximum penalty—

if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or

otherwise—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

It is a defence to a charge under this section to prove that the person, on becoming aware the website was being used to distribute child exploitation material, took all reasonable steps in the circumstances to prevent other persons from being able to use the website to access child exploitation material.Examples of steps that may be reasonable in the circumstances—

• telling a police officer the website is being used to distribute child exploitation material and complying with any reasonable direction given by the police officer about what to do in relation to the website

• shutting the website down

• modifying the operation of the website so it can not be used to distribute or access child exploitation material

In this section—administer, a website, includes—

design, create, manage or maintain the website, part of the website or a function of the website; or

provide a device to host the website, part of the website or a function of the website; or

facilitate the operation and use of the website, part of the website or a function of the website.

sch 1 pt 4 ch 22 s 228DA ins 2016 No. 62 s 91