Document ID: chunk:federal_register_of_legislation:C2020A00070:clause:4_24
Version: federal_register_of_legislation:C2020A00070
Segment Type: clause
Provision Reference: sch 4 cl 24
Character Range: 21227–22923

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).