Criminal Code Act 1995
Schedule
-
The Criminal Code
Subdivision B
-
Offences committed overseas involving child abuse material
SECTION 273.7
Aggravated offence
-
offence involving conduct on 3 or more occasions and 2 or more people
(1)
A person commits an offence against this section if:
(a) the person commits an offence against section 273.6 (possessing etc. child abuse material outside Australia) on 3 or more separate occasions; and
(b) the commission of each such offence involves 2 or more people.
(2)
There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 273.6 .
(3)
To avoid doubt, a person does not commit an offence against section 273.6 for the purposes of paragraph (1)(a) if the person has a defence to that offence.
Offence or conduct need not be the same
(4)
For the purpose of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.
Double jeopardy etc
(5)
A person who has been convicted or acquitted of an offence (the aggravated offence ) against this section may not be convicted of an offence against section 273.6 in relation to the conduct that constituted the aggravated offence.
(6)
Subsection (5) does not prevent an alternative verdict under section 273.8 .
(7)
A person who has been convicted or acquitted of an offence (the underlying offence ) against section 273.6 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.
Section 3
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES Division 273 - Offences involving child abuse material outside Australia
View history note
Hide history noteA person commits an offence against this section if:
(a) the person commits an offence against section 273.6 (possessing etc. child abuse material outside Australia) on 3 or more separate occasions; and
(b) the commission of each such offence involves 2 or more people.
Penalty: Imprisonment for 30 years.
(2)
There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 273.6 .
(3)
To avoid doubt, a person does not commit an offence against section 273.6 for the purposes of paragraph (1)(a) if the person has a defence to that offence.
Offence or conduct need not be the same
(4)
For the purpose of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.
Double jeopardy etc
(5)
A person who has been convicted or acquitted of an offence (the aggravated offence ) against this section may not be convicted of an offence against section 273.6 in relation to the conduct that constituted the aggravated offence.
(6)
Subsection (5) does not prevent an alternative verdict under section 273.8 .
(7)
A person who has been convicted or acquitted of an offence (the underlying offence ) against section 273.6 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.