NSWIn ForceAct
Adoption Act 2000
179Making available or supplying prohibited adoption advertising on on-line service
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#### 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.
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> > 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.
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> > (2) A person must not, by means of an on-line service, make available, or supply, to another person prohibited adoption advertising—
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> > > (a) knowing that it is prohibited adoption advertising, or
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> > > (b) being reckless as to whether or not it is prohibited adoption advertising.
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> > Maximum penalty—25 penalty units or imprisonment for 12 months, or both.
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> > Note—
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> > Prohibited adoption advertising is defined in section 176.
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> > (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.
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> > (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.
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> > (5) A person is not guilty of an offence under this section by reason only of the person—
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> > > (a) owning, or having the control and management of the operation of, an on-line service, or
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> > > (b) facilitating access to or from an on-line service by means of transmission, down loading, intermediate storage, access software or similar capabilities.
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> > (6) A person is reckless as to whether matter is prohibited adoption advertising—
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> > > (a) if the person is aware of a substantial risk that the matter is prohibited adoption advertising, and
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> > > (b) that having regard to the circumstances known to the person, it is unjustifiable to take the risk.
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> > (7) The question of whether taking a risk is unjustifiable is one of fact.