Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p18
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 18/24)
Character Range: 50882–53665

uses a carriage service to make material available; or
 (v) uses a carriage service to publish or otherwise distribute material; and
 (b) the material is child abuse material.

Penalty: Imprisonment for 10 years.

 (2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
 (a) intention is the fault element for the conduct referred to in paragraph (1)(a);
 (b) recklessness is the fault element for the circumstances referred to in paragraph (1)(b).

Note: For the meaning of intention and recklessness see sections 5.2 and 5.4.

 (3) As well as the general defences provided for in Part 2.3, defences are provided for under section 474.24 in relation to this section.

474.23  Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service

 (1) A person is guilty of an offence if:
 (a) the person:
 (i) has possession or control of material; or
 (ii) produces, supplies or obtains material; and
 (b) the material is child abuse material; and
 (c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:
 (i) by that person; or
 (ii) by another person;
  in committing an offence against section 474.22 (using a carriage service for child abuse material).

Penalty: Imprisonment for 10 years.

 (2) A person may be found guilty of an offence against subsection (1) even if committing the offence against section 474.22 (using a carriage service for child abuse material) is impossible.

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

474.24  Defences in respect of child abuse material

 (1) A person is not criminally responsible for an offence against section 474.22 (using a carriage service for child abuse material) or 474.23 (possessing etc. child abuse material for use through a carriage service) 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;