Any person who hosts or administers, or assists in the hosting or administration of a website used by another person to deal with child exploitation material either:
is guilty of an offence [Criminal Law Consolidation Act 1935 (SA) s 63AB(1)].
Hosting a website includes [s 62]:
Administering a website includes [s 62]:
Deal with child exploitation material includes [s 62]:
It is not necessary for the prosecution to prove the identity of the person that was using the website to deal with child exploitation material [s 63AB(4)].
However, it is a defence to prove that on becoming aware that the website was or had been used by another person to deal with this material, the person took all reasonable steps to prevent any person from being able to use the website to deal with child exploitation material [s 63AB(2)]. In determining whether reasonable steps were taken, regard will be had to whether, as soon as possible, the person [s 63AB(3)]:
Maximum Penalty:
10 years imprisonment
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