30Offences

#### 30 Offences (1) A person commits an offence if: (a) a computer is a publicly funded computer; and (b) the person is the responsible person for the computer; and (c) the person contravenes one or more of the following provisions: (i) subsection 26(1) or (2) (filters); (ii) subsection 27(1) or (2) (keeping records); (iii) subsection 28(4) (publication of acceptable use policy); (iv) subsection 29(1), (5) or (7) (computer audits). Penalty: 5 penalty units. (2) Subsection (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (3) Subsection (1) does not apply if: (a) the responsible person contravenes subsection 26(2); and (b) either: (i) the filter was intentionally disabled by another person without the knowledge or consent of the responsible person; or (ii) the filter was not required to filter content under subsection 26(3). > Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) A person commits an offence if: (a) a computer is a publicly funded computer; and (b) the person is the responsible person for the computer; and (c) the person contravenes subsection 29(4) (computer audits). Penalty: 5 penalty units. (5) A person commits an offence if: (a) a computer is a publicly funded computer; and (b) the person is the responsible person for the computer; and (c) the person contravenes subsection 29(1) or (4) (computer audits); and (d) material that contravenes a law of the Commonwealth, a State or a Territory is stored on, or has been accessed by, the computer; and (e) if the person had not contravened that subsection, the storage of the material on, or the access of the material by, the computer would have been identified. Penalty: 10 penalty units. (6) A person commits an offence if: (a) a computer is a publicly funded computer; and (b) the person is the responsible person for the computer; and (c) the person does not develop a policy in accordance with subsections 28(1), (2) and (3) (acceptable use policy). Penalty: 5 penalty units. (7) Subsection (6) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (8) The offences created by this section apply to conduct engaged in on or after the 28th day after the day on which this Act receives the Royal Assent.