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 474.45B
Using a carriage service for violent extremist material
(1)
A person commits an offence if: (a) the person:
(2)
To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1) : (a) intention is the fault element for the conduct referred to in paragraph (1)(a) ; (b) recklessness is the fault element for the circumstance referred to in paragraph (1)(c) .
(3)
Absolute liability applies to paragraph (1)(b) .
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:
(i) accesses material; or
(ii) causes material, or an electronic link that can be used to access material, to be transmitted to the person; or
(iii) transmits, makes available, publishes, distributes, advertises or promotes material or an electronic link that can be used to access material; or
(b) the person does so using a carriage service; and (c) the material is violent extremist material.
(iv) solicits material or an electronic link that can be used to access material; and
Penalty: Imprisonment for 5 years.
(2)
To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1) : (a) intention is the fault element for the conduct referred to in paragraph (1)(a) ; (b) recklessness is the fault element for the circumstance referred to in paragraph (1)(c) .
(3)
Absolute liability applies to paragraph (1)(b) .
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