Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (70 of 2020)

Schedule 4   Strengthening child sex offences

Part 1   Main amendments

Criminal Code Act 1995

24   After section 474.23 of the Criminal Code

Insert:

474.23A Conduct for the purposes of electronic service used for child abuse material

(1) A person commits an offence if:

(a) the person engages in any of the following conduct:

(i) creating, developing, altering or maintaining an electronic service;

(ii) controlling or moderating an electronic service;

(iii) making available, advertising or promoting an electronic service;

(iv) assisting in doing anything covered by a preceding subparagraph; and

(b) the person does so with the intention that the electronic service be used:

(i) by that person; or

(ii) by another person;

in committing, or facilitating the commission of, an offence against section 474.22 or 474.23.

Penalty: Imprisonment for 20 years.

(2) A person may be found guilty of an offence against subsection (1) even if:

(a) committing the offence against section 474.22 or 474.23 is impossible; or

(b) the electronic service is incapable of being used as mentioned in paragraph (1)(b):

(i) at the time the person engages in the conduct mentioned in paragraph (1)(a); or

(ii) at any other time.

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

(4) In this Code:

electronic service means a service a purpose of which is to:

(a) allow persons to access material using a carriage service; or

(b) deliver material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service;

but does not include:

(c) a broadcasting service (within the meaning of the Broadcasting Services Act 1992); or

(d) a datacasting service (within the meaning of that Act).