Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision H - Offences relating to use of carriage service for sharing of abhorrent violent material  

SECTION 474.31   Abhorrent violent material  

474.31(1)  
For the purposes of this Subdivision, abhorrent violent material means material that:


(a) is:


(i) audio material; or

(ii) visual material; or

(iii) audio-visual material;

that records or streams abhorrent violent conduct engaged in by one or more persons; and


(b) is material that reasonable persons would regard as being, in all the circumstances, offensive; and


(c) is produced by a person who is, or by 2 or more persons each of whom is:


(i) a person who engaged in the abhorrent violent conduct; or

(ii) a person who conspired to engage in the abhorrent violent conduct; or

(iii) a person who aided, abetted, counselled or procured, or was in any way knowingly concerned in, the abhorrent violent conduct; or

(iv) a person who attempted to engage in the abhorrent violent conduct.

474.31(2)  
For the purposes of this section, it is immaterial whether the material has been altered.

474.31(3)  
For the purposes of this section, it is immaterial whether the abhorrent violent conduct was engaged in within or outside Australia.




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