Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p4
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 4/97)
Character Range: 1620668–1623443

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, 474.22A 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, 474.22A 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).

474.24  Defences in respect of child abuse material
 (1) A person is not criminally responsible for an offence against section 474.22, 474.22A, 474.23 or 474.23A because of engaging in particular conduct if the conduct:
 (a) is of public benefit; and
 (b) does not extend beyond what is of public benefit.
In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person's motives in engaging in the conduct are irrelevant.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
 (2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:
 (a) enforcing a law of the Commonwealth, a State or a Territory; or
 (b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or
 (c) the administration of justice; or
 (d) conducting scientific, medical or educational research that has been approved by the AFP Minister in writing for the purposes of