Criminal Code Act 1995
Schedule
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The Criminal Code
Division 474
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Telecommunications offences
Subdivision HB
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Offences relating to use of carriage service for firearms and explosives manufacture material
SECTION 474.45G
Using a carriage service for firearms and explosives manufacture material
(1)
A person (the first person ) commits an offence if: (a) the first 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 (the first person ) commits an offence if: (a) the first person:
(i) accesses material; or
(ii) causes material, or an electronic link that can be used to access material, to be transmitted to the first person or another 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 first person does so using a carriage service; and (c) the material is firearms and explosives manufacture 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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