Criminal Code Amendment (Deepfake Sexual Material) Act 2024 (78 of 2024)
Schedule 1 Amendments
Criminal Code Act 1995
6 Section 474.17B of the Criminal Code
Repeal the section, substitute:
474.17B Alternative verdict if aggravated offence not proven
(1) If, on a trial of a person for an offence specified in column 1 of an item of the following table, the trier of fact:
(a) is not satisfied that the person is guilty of the offence; and
(b) is satisfied beyond reasonable doubt that the person is guilty of an offence against a provision specified in column 2 of the item;
it may find the person not guilty of the offence specified in column 1 but guilty of an offence specified in column 2 of that item.
|
Alternative verdict if aggravated offence not proven |
||
|---|---|---|
|
Item |
Column 1
|
Column 2
|
|
1 |
subsection 474.17AA(1) |
either of the following: (a) subsection 474.17A(1); (b) subsection 474.17AA(5) |
|
2 |
subsection 474.17AA(5) |
either of the following: (a) subsection 474.17A(1); (b) subsection 474.17AA(1) |
(2) Subsection (1) applies only if the person has been accorded procedural fairness in relation to the finding of guilt for the offence specified in column 2 of the relevant item.