Online Safety (Transitional Provisions and Consequential Amendments) Act 2021 (77 of 2021)

Schedule 3   Transitional and application provisions

Part 5   Protection from proceedings

17   Transitional - protection from criminal proceedings

(1) Despite the repeal of section 91 of the Enhancing Online Safety Act 2015 by this Act, that section continues to apply, in relation to:

(a) the collection of material; or

(b) the possession of material; or

(c) the distribution of material; or

(d) the delivery of material; or

(e) the copying of material; or

(f) the doing of any other thing in relation to material;

in connection with the exercise of a power, or the performance of a function, conferred on the eSafety Commissioner by or under the repealed Enhancing Online Safety Act 2015, as if the repeal of that section had not happened.

(2) Despite the repeal of clause 112 of Schedule 7 to the Broadcasting Services Act 1992 by this Act, that clause continues to apply, in relation to:

(a) the collection of content or material; or

(b) the possession of content or material; or

(c) the distribution of content or material; or

(d) the delivery of content or material; or

(e) the copying of content or material; or

(f) the doing of any other thing in relation to content or material;

in connection with the exercise of a power, or the performance of a function, conferred on the eSafety Commissioner by or under a provision of the Broadcasting Services Act 1992 repealed by this Act, as if the repeal of that clause had not happened.

(3) For the purposes of this item, possession includes have in custody or control.