Criminal Code Act 1995
Schedule
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The Criminal Code
Division 474
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Telecommunications offences
Subdivision C
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General offences relating to use of telecommunications
SECTION 474.17AA
Aggravated offences involving transmission of sexual material without consent
Aggravated offence - transmission of sexual material without consent after certain civil penalty orders were made
(1)
A person commits an offence against this subsection if: (a) the person commits an offence (the underlying offence ) against subsection 474.17A(1) ; and (b) before the commission of the underlying offence, 3 or more civil penalty orders were made against the person under the Regulatory Powers (Standard Provisions) Act 2014 in relation to either or both of the following:
(2)
There is no fault element for the physical element described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.
(3)
To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence.
(4)
Absolute liability applies to paragraph (1)(b) .
Aggravated offence - creation or alteration of sexual material transmitted without consent
(5)
A person commits an offence against this subsection if: (a) the person commits an offence (the underlying offence ) against subsection 474.17A(1) ; and (b) the person was responsible for the creation or alteration of the material.
(6)
There is no fault element for the physical element described in paragraph (5)(a) other than the fault elements (however described), if any, for the underlying offence.
(7)
To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (5)(a) if the person has a defence to the underlying offence.
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.6 - Telecommunications Services
View history note
Hide history noteAggravated offence - transmission of sexual material without consent after certain civil penalty orders were made
(1)
A person commits an offence against this subsection if: (a) the person commits an offence (the underlying offence ) against subsection 474.17A(1) ; and (b) before the commission of the underlying offence, 3 or more civil penalty orders were made against the person under the Regulatory Powers (Standard Provisions) Act 2014 in relation to either or both of the following:
(i) contraventions of subsection 75(1) of the Online Safety Act 2021 ;
(ii) contraventions of section 91 of the Online Safety Act 2021 that relate to removal notices given under section 89 of that Act.
Penalty: Imprisonment for 7 years.
(2)
There is no fault element for the physical element described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.
(3)
To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence.
(4)
Absolute liability applies to paragraph (1)(b) .
Aggravated offence - creation or alteration of sexual material transmitted without consent
(5)
A person commits an offence against this subsection if: (a) the person commits an offence (the underlying offence ) against subsection 474.17A(1) ; and (b) the person was responsible for the creation or alteration of the material.
Penalty: Imprisonment for 7 years.
(6)
There is no fault element for the physical element described in paragraph (5)(a) other than the fault elements (however described), if any, for the underlying offence.
(7)
To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (5)(a) if the person has a defence to the underlying offence.
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