Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p5
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 5/97)
Character Range: 1623199–1625961

contravention of, a law of the Commonwealth, a State or a Territory; or
 (c) the administration of justice; or
 (d) conducting scientific, medical or educational research that has been approved by the AFP Minister in writing for the purposes of this section.
 (3) A person is not criminally responsible for an offence against section 474.22, 474.22A, 474.23 or 474.23A if:
 (a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of his or her duties; and
 (b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
 (4) A person is not criminally responsible for an offence against section 474.22, 474.22A, 474.23 or 474.23A if the person engages in the conduct in good faith for the sole purpose of:
 (a) assisting the eSafety Commissioner to perform the functions, or exercise the powers, conferred on the eSafety Commissioner by Part 9 of the Online Safety Act 2021; or
 (b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:
 (i) an industry code registered under Division 7 of Part 9 of the Online Safety Act 2021; or
 (ii) an industry standard registered under Division 7 of Part 9 of the Online Safety Act 2021.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

474.24A  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 one or more of the following provisions on 3 or more separate occasions:
 (iii) section 474.22 (using a carriage service for child abuse material);
 (iiia) section 474.22A (possessing or controlling child abuse material obtained or accessed using a carriage service);
 (iv) section 474.23 (possessing etc. child abuse material for use through a carriage service); 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 474.22, 474.22A or 474.23.
 (3) To avoid doubt, a person does not commit an offence against section 474.22, 474.22A or 474.23 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,