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s 102

Restricted material, offences as to

In force

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.]

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