Document ID: chunk:federal_register_of_legislation:C2024A00078:clause:1_2
Version: federal_register_of_legislation:C2024A00078
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 7724–9474

2                subsection 474.17AA(5)  subsection 474.17A(1) or 474.17AA(1)

 (2) Subsection (1) does not prevent an alternative verdict under section 474.17B.
 (3) A person who has been convicted or acquitted of an offence (the underlying offence) against subsection 474.17A(1) may not be convicted of an offence against subsection 474.17AA(1) or (5) in relation to the conduct that constituted the underlying offence.

When conviction must be set aside
 (4) If:
 (a) a person has been convicted by a court of an offence against subsection 474.17AA(1) on the basis that 3 or more civil penalty orders were made against the person under the Regulatory Powers (Standard Provisions) Act 2014 in relation to either or both of the following:
 (i) contraventions of subsection 75(1) of the Online Safety Act 2021;
 (ii) contraventions of section 91 of the Online Safety Act 2021 that relate to removal notices given under section 89 of that Act; and
 (b) one or more of those civil penalty orders are set aside or reversed on appeal; and
 (c) if the civil penalty orders covered by paragraph (b) of this subsection had never been made, the person could not have been convicted of the offence; and
 (d) the person applies to the court for the conviction to be set aside;
the court must set aside the conviction.
 (5) If:
 (a) a person has been convicted by a court of an offence (the aggravated offence) against subsection 474.17AA(1); and
 (b) the court sets aside the conviction under subsection (4) of this section;
the setting aside of the conviction does not prevent proceedings from being instituted against the person for an offence against subsection 474.17A(1) or 474.17AA(5) in relation to the conduct that constituted the aggravated offence.