the age of that minor at the time at which the image was made or produced. (8) The accused bears the burden of proving (on the S. 57A(8) inserted by balance of probabilities) the matter referred to in No. 74/2014 subsection (4)(d)(ii) or (6)(c)(ii) or (d)(ii). s. 28. (9) In this section— S. 57A(9) inserted by No. 74/2014 has the meaning given by child pornography s. 28. section 67A of the Crimes Act 1958. Note Note to s. 57A inserted by Section 72 of the applies to Criminal Procedure Act 2009 No. 74/2014 s. 28. subsections (3), (4) (other than paragraph (d)(ii)), (5) and (6) (other than paragraphs (c)(ii) and (d)(ii)). 58 Publication or transmission of certain material to minors (1) A person must not use an on-line information service to publish or transmit, or make available for transmission, to a minor material unsuitable for minors of any age. (a) if the material is objectionable penalty units or imprisonment for 2 years; (b) in any other case—60 penalty units or imprisonment for 6 months. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— (a) the accused— S. 58(2)(a) amended by No. 68/2009 (i) did not know and could not reasonably s. 97(Sch. have known that the person to whom item 20.18). the material was published or transmitted or made available for transmission was a minor; and
the age of that minor at the time at which the image was made or produced. S. 57A(8) inserted by No. 74/2014 s. 28. (8) The accused bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (4)(d)(ii) or (6)(c)(ii) or (d)(ii). S. 57A(9) inserted by No. 74/2014 s. 28. (9) In this section— child pornography has the meaning given by section 67A of the Crimes Act 1958. Note to s. 57A inserted by No. 74/2014 s. 28. Note Section 72 of the Criminal Procedure Act 2009 applies to subsections (3), (4) (other than paragraph (d)(ii)), (5) and (6) (other than paragraphs (c)(ii) and (d)(ii)). 58 Publication or transmission of certain material to minors (1) A person must not use an on-line information service to publish or transmit, or make available for transmission, to a minor material unsuitable for minors of any age. (a) if the material is objectionable penalty units or imprisonment for 2 years; (b) in any other case—60 penalty units or imprisonment for 6 months. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that— S. 58(2)(a) amended by No. 68/2009 s. 97(Sch. item 20.18). (a) the accused— (i) did not know and could not reasonably have known that the person to whom the material was published or transmitted or made available for transmission was a minor; and
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