Document ID: chunk:federal_register_of_legislation:C2019A00038:clause:1_1:p9
Version: federal_register_of_legislation:C2019A00038
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 9/11)
Character Range: 21667–24361

to the development, performance, exhibition or distribution, in good faith, of an artistic work.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Functions
 (3) The references in this section to function or functions do not, by implication, affect the meaning of the expressions duty or duties when used in any other provision of this Code.

Application
 (4) This section extends to matters and things outside Australia.

474.38  Implied freedom of political communication
 (1) This Subdivision does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
 (2) Subsection (1) does not limit the application of section 15A of the Acts Interpretation Act 1901 to this Act.

474.39  Provider of content service
 (1) For the purposes of this Subdivision, a person does not provide a content service merely because the person supplies a carriage service that enables material to be accessed.
 (2) For the purposes of this Subdivision, a person does not provide a content service merely because the person provides a billing service, or a fee collection service, in relation to a content service.

474.40  Service of copies of notices by electronic means
  Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 do not apply to a copy of a notice under subsection 474.35(1) or 474.36(1) of this Act.
Note: Paragraphs 9(1)(d) and (2)(d) of the Electronic Transactions Act 1999 deal with the consent of the recipient of information to the information being given by way of electronic communication.

474.41  Giving a copy of a notice to a contact person etc.

Contact person
 (1) If:
 (a) a copy of a notice under subsection 474.35(1) is required to be given to the provider of a content service that is a social media service (within the meaning of the Enhancing Online Safety Act 2015); and
 (b) there is an individual who is:
 (i) an employee or agent of the provider; and
 (ii) designated as the service's contact person for the purposes of that Act; and
 (c) the contact details of the contact person have been notified to the eSafety Commissioner;
the copy of the notice is taken to have been given to the provider if it is given to the contact person.

Agent
 (2) If:
 (a) a copy of a notice under subsection 474.35(1) or 474.36(1) is required to be given to a body corporate incorporated outside Australia; and
 (b) the body corporate does not have a registered office or a principal office in Australia; and
 (c) the body corporate has an agent in Australia;
the copy of the notice is taken to have been given to the body corporate if