What penalties apply to ISPs and ICHs and when?
The Government anticipates that there will be a high degree of industry self-regulation based on voluntary compliance with the codes. However, the legislation provides an effective legal regime should sections of industry choose not to abide by the codes. Contravention of the codes, such as failing to comply with an ABA an access-prevention or take-down notice, is a criminal offence and a continuing offence for each day the contravention continues. Penalties are $5 500 per day for an individual and $27 500 per day for a corporation. These levels are consistent with fines for offences by narrowcasters in the Broadcasting Services Act 1992 and with Commonwealth criminal law policy in relation to monetary levels for fines. In cases of serious, flagrant or recurring breaches, the ABA can apply to the Federal Court for an order that an ISP cease providing a service or an ICH cease hosting content.
