179Making available or supplying prohibited adoption advertising on on-line service

#### 179 Making available or supplying prohibited adoption advertising on on-line service 179 Making available or supplying prohibited adoption advertising on on-line service > > (1) In this section— > > > > access has the same meaning as it has in the Commonwealth Act. > > > > Commonwealth Act means the [Broadcasting Services Act 1992](http://www.legislation.gov.au/) of the Commonwealth. > > > > Internet content has the same meaning as it has in the Commonwealth Act. > > > > on-line service means an Internet carriage service within the meaning of the Commonwealth Act and includes a bulletin board. > > > (2) A person must not, by means of an on-line service, make available, or supply, to another person prohibited adoption advertising— > > > > > (a) knowing that it is prohibited adoption advertising, or > > > > > (b) being reckless as to whether or not it is prohibited adoption advertising. > > > > Maximum penalty—25 penalty units or imprisonment for 12 months, or both. > > > > Note— > > > > Prohibited adoption advertising is defined in section 176. > > > (3) This section applies to an on-line service other than an on-line service, or on-line service of a class, prescribed by the regulations. > > > (4) Nothing in this section makes it an offence to supply prohibited adoption advertising by means of an on-line service to any person, or class of persons, prescribed by the regulations. > > > (5) A person is not guilty of an offence under this section by reason only of the person— > > > > > (a) owning, or having the control and management of the operation of, an on-line service, or > > > > > (b) facilitating access to or from an on-line service by means of transmission, down loading, intermediate storage, access software or similar capabilities. > > > (6) A person is reckless as to whether matter is prohibited adoption advertising— > > > > > (a) if the person is aware of a substantial risk that the matter is prohibited adoption advertising, and > > > > > (b) that having regard to the circumstances known to the person, it is unjustifiable to take the risk. > > > (7) The question of whether taking a risk is unjustifiable is one of fact.