Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 473 - Preliminary  

SECTION 473.4   Determining whether material is offensive  

(1)  
The matters to be taken into account in deciding for the purposes of this Part whether reasonable persons would regard particular material, or a particular use of a carriage service, as being, in all the circumstances, offensive, include:


(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and


(b) the literary, artistic or educational merit (if any) of the material; and


(c) the general character of the material (including whether it is of a medical, legal or scientific character).

(2)  
If:


(a) a particular use of a carriage service involves the transmission, making available, publication, distribution, advertisement or promotion of material; and


(b) the material is private sexual material;

then, in deciding for the purposes of this Part whether reasonable persons would regard the use of the carriage service as being, in all the circumstances, offensive, regard must be had to whether the subject, or each of the subjects, of the private sexual material gave consent to the transmission, making available, publication, distribution, advertisement or promotion of the material.

(3)  
Subsection (2) does not limit subsection (1).

Definition

(4)  
In this section:

consent
means free and voluntary agreement.




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