Bridget McKenzie (Victoria, National Party, Minister for Agriculture) | Hansard source

Obviously that would depend on the circumstances. My advice is that a retweet could be construed as flippant. But, again, it would depend on the circumstances. Sometimes Twitter account holders have things in their bios that say 'Retweet doesn't mean endorsement,' for instance. You'd have to consider all aspects of (a) the original tweet and (b) the retweet and the intent of the retweeter—and what evidence you had to making any claims around that—to determine how this would play out in a court. As you can see, it's going to be on a case-by-case basis. But I think we can be confident that the provisions within the act encompass serious intent to incite others to criminal activity, not flippant responses.