Commonwealth Consolidated Acts

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ONLINE SAFETY ACT 2021 - SECT 223

Protection from criminal proceedings--Commissioner, Classification Board etc.

  (1)   For the purposes of this section, each of the following is a protected person :

  (a)   the Commissioner;

  (aa)   a member of an advisory committee established under section   183A;

  (b)   a member of the staff of the ACMA;

  (c)   an officer or employee whose services are made available to the ACMA under paragraph   55(1)(a) of the Australian Communications and Media Authority Act 2005 ;

  (d)   a person engaged under subsection   185(1);

  (e)   a consultant engaged under section   187;

  (f)   a member or temporary member of the Classification Board;

  (g)   a member of staff assisting the Classification Board as mentioned in section   88A of the Classification (Publications, Films and Computer Games) Act 1995 ;

  (h)   a consultant engaged to assist in the performance of the functions of the Classification Board.

  (2)   Criminal proceedings do not lie against a protected person for or 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 Commissioner or the Classification Board by or under this Act.

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



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