Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p19
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 19/24)
Character Range: 53430–56285

conduct is necessary for or of assistance in:
 (a) enforcing a law of the Commonwealth, a State or a Territory; or
 (b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or
 (c) the administration of justice; or
 (d) conducting scientific, medical or educational research that has been approved by the Minister in writing for the purposes of this section.

 (3) A person is not criminally responsible for an offence against section 474.22 (using a carriage service for child abuse material) or 474.23 (possessing etc. child abuse material for use through a carriage service) if:
 (a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of his or her duties; and
 (b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

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

 (4) A person is not criminally responsible for an offence against section 474.22 (using a carriage service for child abuse material) or 474.23 (possessing etc. child abuse material for use through a carriage service) if the person engages in the conduct in good faith for the sole purpose of:
 (a) assisting the Australian Broadcasting Authority to detect:
 (i) prohibited content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992); or
 (ii) potential prohibited content (within the meaning of that Schedule);
  in the performance of the Authority's functions under that Schedule; or
 (b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:
 (i) a recognised alternative access‑prevention arrangement (within the meaning of clause 40 of Schedule 5 to the Broadcasting Services Act 1992); or
 (ii) a designated alternative access‑prevention arrangement (within the meaning of clause 60 of that Schedule).

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

474.25  Obligations of Internet service providers and Internet content hosts

  A person commits an offence if the person:
 (a) is an Internet service provider or an Internet content host; and
 (b) 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:
 (i) child pornography material; or
 (ii) child abuse material; and
 (c) 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: 100 penalty units.

474.26  Using a carriage service to procure persons under 16 years of age

 (1) A person (the sender) commits an offence