Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision D - Offences relating to use of carriage service for child abuse material  

SECTION 474.22   Using a carriage service for child abuse material  

(1)  
A person commits an offence if:


(a) the person:


(i) accesses material; or

(ii) causes material to be transmitted to himself or herself; or

(iii) transmits, makes available, publishes, distributes, advertises or promotes material; or

(iv) solicits material; and


(aa) the person does so using a carriage service; and


(b) the material is child abuse material.

Penalty: Imprisonment for 15 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 circumstances referred to in paragraph (1)(b).

Note:

For the meaning of intention and recklessness see section s 5.2 and 5.4.

(2A)  


Absolute liability applies to paragraph (1)(aa).
Note:

For absolute liability, see section 6.2 .

(3)  
As well as the general defences provided for in Part 2.3, defences are provided for under section 474.24 in relation to this section.




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