Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision G - Offences relating to use of carriage service for suicide related material  

SECTION 474.29A   Using a carriage service for suicide related material  

(1)  
A person commits an offence if:


(a) the person:


(i) uses a carriage service to access material; or

(ii) uses a carriage service to cause material to be transmitted to the person; or

(iii) uses a carriage service to transmit material; or

(iv) uses a carriage service to make material available; or

(v) uses a carriage service to publish or otherwise distribute material; and


(b) the material directly or indirectly counsels or incites committing or attempting to commit suicide; and


(c) the person:


(i) intends to use the material to counsel or incite committing or attempting to commit suicide; or

(ii) intends that the material be used by another person to counsel or incite committing or attempting to commit suicide.

Penalty: 1,000 penalty units.

(2)  
A person commits an offence if:


(a) the person:


(i) uses a carriage service to access material; or

(ii) uses a carriage service to cause material to be transmitted to the person; or

(iii) uses a carriage service to transmit material; or

(iv) uses a carriage service to make material available; or

(v) uses a carriage service to publish or otherwise distribute material; and


(b) the material directly or indirectly:


(i) promotes a particular method of committing suicide; or

(ii) provides instruction on a particular method of committing suicide; and


(c) the person:


(i) intends to use the material to promote that method of committing suicide or provide instruction on that method of committing suicide; or

(ii) intends that the material be used by another person to promote that method of committing suicide or provide instruction on that method of committing suicide; or

(iii) intends the material to be used by another person to commit suicide.

Penalty: 1,000 penalty units.

(3)  
To avoid doubt, a person does not commit an offence against subsection (1) merely because the person uses a carriage service to:


(a) engage in public discussion or debate about euthanasia or suicide; or


(b) advocate reform of the law relating to euthanasia or suicide;

if the person does not:


(c) intend to use the material concerned to counsel or incite committing or attempting to commit suicide; or


(d) intend that the material concerned be used by another person to counsel or incite committing or attempting to commit suicide.

(4)  
To avoid doubt, a person does not commit an offence against subsection (2) merely because the person uses a carriage service to:


(a) engage in public discussion or debate about euthanasia or suicide; or


(b) advocate reform of the law relating to euthanasia or suicide;

if the person does not:


(c) intend to use the material concerned to promote a method of committing suicide or provide instruction on a method of committing suicide; or


(d) intend that the material concerned be used by another person to promote a method of committing suicide or provide instruction on a method of committing suicide; or


(e) intend the material concerned to be used by another person to commit suicide.




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