Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p3
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 3/23)
Character Range: 1132671–1135472

of material; and
 (b) the material is child abuse material; and
 (c) the conduct referred to in paragraph (a) occurs outside Australia.
Penalty: Imprisonment for 15 years.
 (2) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.

273.7  Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
 (1) A person commits an offence against this section if:
 (a) the person commits an offence against section 273.6 (possessing etc. child abuse material outside Australia) on 3 or more separate occasions; and
 (b) the commission of each such offence involves 2 or more people.
Penalty: Imprisonment for 30 years.
 (2) There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 273.6.
 (3) To avoid doubt, a person does not commit an offence against section 273.6 for the purposes of paragraph (1)(a) if the person has a defence to that offence.

Offence or conduct need not be the same
 (4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.

Double jeopardy etc.
 (5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 273.6 in relation to the conduct that constituted the aggravated offence.
 (6) Subsection (5) does not prevent an alternative verdict under section 273.8.
 (7) A person who has been convicted or acquitted of an offence (the underlying offence) against section 273.6 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.

273.8  Alternative verdict if aggravated offence not proven
  If, on a trial for an offence (the aggravated offence) against subsection 273.7(1), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the aggravated offence; but
 (b) is satisfied beyond reasonable doubt that he or she is guilty of an offence against section 273.6;
it may find the defendant not guilty of the aggravated offence but guilty of the offence against section 273.6, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Subdivision C—Defences

273.9  Defences to offences against this Division
 (1) A person is not criminally responsible for an offence against section 273.6 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