Document ID: chunk:federal_register_of_legislation:C2024C00852:section:104
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 104
Character Range: 142269–144973

104  Exempt material
 (1) Subparagraphs 46(1)(c)(v), (vi), (vii) and (viii) and 46(1)(e)(vi), (vii), (viii) and (ix) and subsections 95(1) and 99(1) do not apply to material that can be accessed using a carriage service if:
 (a) the accessibility of the material is necessary for enforcing a law of:
 (i) the Commonwealth; or
 (ii) a State; or
 (iii) a Territory; or
 (iv) a foreign country; or
 (v) a part of a foreign country; or
 (b) the accessibility of the material is necessary for monitoring compliance with, or investigating a contravention of, a law of:
 (i) the Commonwealth; or
 (ii) a State; or
 (iii) a Territory; or
 (iv) a foreign country; or
 (v) a part of a foreign country; or
 (c) the accessibility of the material is for the purposes of proceedings in a court or tribunal; or
 (d) both:
 (i) the accessibility of the material is necessary for, or of assistance in, conducting scientific, medical, academic or historical research; and
 (ii) the accessibility of the material is reasonable in the circumstances for the purpose of conducting that scientific, medical, academic or historical research; or
 (e) the material relates to a news report, or a current affairs report, that:
 (i) is in the public interest; and
 (ii) is made by a person working in a professional capacity as a journalist; or
 (f) both:
 (i) the accessibility of the material is in connection with the performance by a public official of the official's duties or functions; and
 (ii) the accessibility of the material is reasonable in the circumstances for the purpose of performing that duty or function; or
 (g) both:
 (i) the accessibility of the material is in connection with an individual assisting a public official in relation to the performance of the public official's duties or functions; and
 (ii) the accessibility of the material is reasonable in the circumstances for the purpose of the individual assisting the public official in relation to the performance of the public official's duties or functions; or
 (h) the accessibility of the material is for the purpose of advocating the lawful procurement of a change to any matter established by law, policy or practice in:
 (i) the Commonwealth; or
 (ii) a State; or
 (iii) a Territory; or
 (iv) a foreign country; or
 (v) a part of a foreign country;
  and the accessibility of the material is reasonable in the circumstances for that purpose; or
 (i) the accessibility of the material relates to the development, performance, exhibition or distribution, in good faith, of an artistic work.
 (2) For the purposes of this section, public official has the same meaning as in the Criminal Code.

Part 9—Online content scheme

Division 1—Introduction