Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_14:p4
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 4/8)
Character Range: 60650–63383

(iii) section 471.19 (using a postal or similar service for child abuse material);
 (iv) section 471.20 (possessing etc. child abuse material for use through a postal or similar service); and
 (b) the commission of each such offence involves 2 or more people.
Penalty: Imprisonment for 25 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 471.16, 471.17, 471.19 or 471.20.
 (3) To avoid doubt, a person does not commit an offence against section 471.16, 471.17, 471.19 or 471.20 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 471.16, 471.17, 471.19 or 471.20 in relation to the conduct that constituted the aggravated offence.
 (6) Subsection (5) does not prevent an alternative verdict under section 471.23.
 (7) A person who has been convicted or acquitted of an offence (the underlying offence) against section 471.16, 471.17, 471.19 or 471.20 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.

471.23  Alternative verdict if aggravated offence not proven
  If, on a trial for an offence (the aggravated offence) against subsection 471.22(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 (the underlying offence) against section 471.16, 471.17, 471.19 or 471.20;
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Subdivision C—Offences relating to use of postal or similar service involving sexual activity with person under 16

471.24  Using a postal or similar service to procure persons under 16
 (1) A person (the sender) commits an offence if:
 (a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
 (b) the sender does this with the intention of procuring the recipient to engage in sexual activity with the sender; and
 (c) the recipient is someone who is, or who the sender believes to be, under 16; and
 (d) the sender is at least 18.
Penalty: