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Legislative Assembly for the ACT: 2001 Week 9 Hansard (22 August) . . Page.. 3226 ..


Schedule 2

Crimes Amendment Bill 2001

Amendments circulated by Mr Osborne


Clause 6

Proposed new subsection 92NC (1), examples of electronic means

Page 3, line 4-

Omit the examples.


Clause 6

Proposed new subsection 92NC (3)

Page 3, line 12-

Omit the subsection, substitute the following subsections:

(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant-

(a) is an Internet service provider; and

(b) had no knowledge that the defendant's facilities were used to commit the offence.

(3A) It is not a defence to a prosecution for an offence against this section that the young person had consented to-

(a) the suggestion being made; or

(b) the material being sent or made available.

(3B) However, it is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed on reasonable grounds that the young person to whom the suggestion was made, or the material was sent or made available, was at least 16 years old.


Clause 6

Proposed new subsection 92NC (4)

Page 3, line 27-

Insert the following definition:

using electronic means

includes using email, Internet chat rooms, SMS messages and real time audio/video.


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