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 474.23   Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service  

(1)  
A person commits an offence if:


(a) the person:


(i) has possession or control of material; or

(ii) produces, supplies or obtains material; and


(b) the material is child abuse material; and


(c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:


(i) by that person; or

(ii) by another person;
in committing an offence against section 474.22 (using a carriage service for child abuse material).

Penalty: Imprisonment for 15 years.

(2)  
A person may be found guilty of an offence against subsection (1) even if committing the offence against section 474.22 (using a carriage service for child abuse material) is impossible.

(3)  
It is not an offence to attempt to commit an offence against subsection (1).




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