Section 76 — Online harmful activity remedial initiative

(1)In deciding whether to institute proceedings against a person for an offence under this Act relating to any failure to comply with any requirement of a Part 5 direction, the Public Prosecutor may consider any remedial action of the person.

(2)For the purposes of subsection (1), the Commissioner may —

(a)specify either generally or in a particular case any remedial action that —

(i)relates to online safety;

(ii)facilitates remedy of the harm caused;

(iii)facilitates the rehabilitation of the person; or

(iv)allows contribution to society;

(b)determine a person’s suitability for a remedial action; and

(c)certify whether a person has satisfactorily completed a remedial action.