Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p19
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 19/97)
Character Range: 1657383–1660137

within a reasonable time after becoming aware of the existence of the material.
Penalty: 800 penalty units.
 (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.
 (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).

474.34  Removing, or ceasing to host, abhorrent violent material

Content service
 (1) A person commits an offence if:
 (a) the person provides a content service; and
 (b) the content service can be used to access material; and
 (c) the material is abhorrent violent material; and
 (d) the person does not ensure the expeditious removal of the material from the content service.
 (2) For the purposes of subsection (1), it is immaterial whether the content service is provided within or outside Australia.
 (3) Subsection (1) does not apply to material unless the material is reasonably capable of being accessed within Australia.
 (4) The fault element for paragraphs (1)(b) and (c) is recklessness.

Hosting service
 (5) A person commits an offence if:
 (a) the person provides a hosting service; and
 (b) material is hosted on the hosting service; and
 (c) the material is abhorrent violent material; and
 (d) the person does not expeditiously cease hosting the material.
 (6) For the purposes of subsection (5), it is immaterial whether the hosting service is provided within or outside Australia.
 (7) Subsection (5) does not apply to material unless the material is reasonably capable of being accessed within Australia.
 (8) The fault element for paragraphs (5)(b) and (c) is recklessness.

Penalty for individual
 (9) An offence against subsection (1) or (5) committed by an individual is punishable on conviction by imprisonment for a period of not more than 3 years or a fine of not more than 10,000 penalty units, or both.

Penalty for body corporate
 (10) An offence against subsection (1) or (5) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:
 (a) 50,000 penalty units;
 (b) 10% of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the conduct constituting the offence occurred.
 (11) For the purposes of this section, the annual turnover of a body corporate, during the turnover period, is the sum of the values of all the supplies that the body corporate, and any body corporate related