The legislation applies to certain communities in the Northern Territory, and sections 26-30 apply to publicly-funded computers. We understand these to include all computers which have been paid for by local, territory or Commonwealth governments; there is no definition of what is meant by "computer." The legislation would certainly apply to computers in government libraries and schools. What obligations exist for the "responsible person for a publicly funded computer"? This is what must be done.
- A filter must be installed, maintained and updated on the computer. This must be a filter accredited by the Minister, and there are 19 such filters accredited (s 26).
- Records of use must be kept, including a record of each person who uses the computer, and the date and times on which it was used, to be retained for three years. This record keeping, according to the explanatory memorandum, "is designed to provide for the audit of computers to ensure illegal material accessed by the computer is identified." (s 27)
- The responsible person must develop an acceptable use policy relating to the kinds of use of the computer that are acceptable, and this policy must include matters specified by the Minister, if she chooses to do so. The Act specifies a number of things which the acceptable use policy must include (s 28).
- The publicly funded computers must be audited on 31 May and 30 November each year. The nature of an audit is not clear, and the term is not defined in the Act, but it appears to include information on users and and their times and dates of use of the computer. Given that the Minister may determine the form of the audit, it seems likely that what is required in the content of an audit is yet to be determined. For example, it is possible that the audit may include an entire record of use over six months, or a sample, or something else, depending on the Minister's determination (s 29)
- If these things are not done, the responsible person is liable, and there is a fine of either 5 or 10 penalty units (currently $550 or $1100). Several of the offences are strict liability offences, which are criminal offences which do not require a fault element (especially knowledge or intent) to be proven (s 30).