Victorian Current Acts

CRIMES ACT 1958 - SECT 51E

    (1)     A person (A) commits an offence if—

        (a)     A administers, or assists in the administration of, a website; and

        (b)     the website is used by another person to deal with child abuse material; and

        (c)     A—

              (i)     intends that the website be used by another person to deal with child abuse material; or

              (ii)     is aware that the website is being used by another person to deal with child abuse material.

Examples

1     A manages membership of a website. A intends that the website be used by other persons to view child abuse material.

2     A monitors traffic through a website and ensures that the web server hardware and software are running correctly. A is aware that the website is being used by other persons to download child abuse material.

    (2)     A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

    (3)     It is not necessary to prove the identity of the person using the website to deal with child abuse material.

    (4)     It is immaterial that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria or that a computer or device used in connection with administering the website was outside Victoria, so long as—

        (a)     the person using the website to deal with child abuse material was in Victoria; or

        (b)     the computer or device used to deal with child abuse material was in Victoria.

    (5)     It is immaterial that the person using the website to deal with child abuse material was outside Victoria or that the computer or device used to deal with child abuse material was outside Victoria, so long as—

        (a)     some or all of the conduct constituting an offence against subsection (1) occurred in Victoria; or

        (b)     a computer or device used in connection with administering the website was in Victoria.

Notes

1     Exceptions apply to this offence—see sections 51J, 51K and  51S.

2     Defences apply to this offence—see section 51L.

3     A mistaken but honest and reasonable belief that reasonable persons would not regard the child abuse material as offensive is not a defence to this offence—see section 51U.

S. 51F inserted by No. 47/2016 s. 16.