Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.5 - Postal services  

Division 471 - Postal offences  

Subdivision B - Offences relating to use of postal or similar service for child pornography material or child abuse material  

SECTION 471.22   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 one or more of the following provisions on 3 or more separate occasions:


(i) section 471.16 (using a postal or similar service for child pornography material);

(ii) section 471.17 (possessing etc child pornography material for use through a postal or similar service);

(iii) section 471.19 (using a postal or similar service for child abuse material);

(iv) section 471.20 (possessing etc child abuse material for use through a postal or similar service); and


(b) the commission of each such offence involves 2 or more people.

Penalty: Imprisonment for 25 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 471.16 , 471.17 , 471.19 or 471.20 .

(3)  
To avoid doubt, a person does not commit an offence against section 471.16 , 471.17 , 471.19 or 471.20 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 purposes 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 471.16 , 471.17 , 471.19 or 471.20 in relation to the conduct that constituted the aggravated offence.

(6)  
Subsection (5) does not prevent an alternative verdict under section 471.23 .

(7)  
A person who has been convicted or acquitted of an offence (the underlying offence ) against section 471.16 , 471.17 , 471.19 or 471.20 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.




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