Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision H - Offences relating to use of carriage service for sharing of abhorrent violent material  

SECTION 474.33   Notification obligations of internet service providers, content service providers and hosting service providers  

474.33(1)  
A person commits an offence if:


(a) the person:


(i) is an internet service provider; or

(ii) provides a content service; or

(iii) provides a hosting service; and


(b) the person is aware that the service provided by the person can be used to access particular material that the person has reasonable grounds to believe is abhorrent violent material that records or streams abhorrent violent conduct that has occurred, or is occurring, in Australia; and


(c) the person does not refer details of the material to the Australian Federal Police within a reasonable time after becoming aware of the existence of the material.

Penalty: 800 penalty units.

474.33(2)  
For the purposes of this section:


(a) it is immaterial whether the content service is provided within or outside Australia; and


(b) it is immaterial whether the hosting service is provided within or outside Australia.

474.33(3)  
Subsection (1) does not apply if the person reasonably believes that details of the material are already known to the Australian Federal Police.

Note:

A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) .




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