Criminal Code Act 1995
Schedule
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The Criminal Code
Division 474
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Telecommunications offences
Subdivision HA
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Offences relating to use of carriage service for violent extremist material
SECTION 474.45BA
Aggravated offence for using a carriage service for violent extremist material
(1)
A person commits an offence if: (a) the person commits an offence against subsection 474.45B(1) (the underlying offence ); and (b) the person is at least 18 years old; and (c) the conduct constituting the offence involved either:
(2)
There is no fault element for the physical element of conduct described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.
(3)
Absolute liability applies to paragraph (1)(b) .
(4)
To avoid doubt: (a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and (b) a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.
Double jeopardy for an aggravated offence
(5)
To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.6 - Telecommunications Services
View history note
Hide history noteA person commits an offence if: (a) the person commits an offence against subsection 474.45B(1) (the underlying offence ); and (b) the person is at least 18 years old; and (c) the conduct constituting the offence involved either:
(i) transmitting, making available, publishing, distributing, advertising or promoting material or an electronic link to an individual or individuals; or
(d) the person is reckless as to whether, at the time of the conduct, at least one of the individuals is less than 18 years old (whether or not one of those individuals actually is less than 18 years old).
(ii) soliciting material or an electronic link from an individual or individuals; and
Penalty: Imprisonment for 7 years.
(2)
There is no fault element for the physical element of conduct described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.
(3)
Absolute liability applies to paragraph (1)(b) .
(4)
To avoid doubt: (a) a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and (b) a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.
Double jeopardy for an aggravated offence
(5)
To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.
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