Document ID: chunk:federal_register_of_legislation:C2005A00092:clause:1_1:p2
Version: federal_register_of_legislation:C2005A00092
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/2)
Character Range: 4931–6850

offence against subsection (2) merely because the person uses a carriage service to:
 (a) engage in public discussion or debate about euthanasia or suicide; or
 (b) advocate reform of the law relating to euthanasia or suicide;
if the person does not:
 (c) intend to use the material concerned to promote a method of committing suicide or provide instruction on a method of committing suicide; or
 (d) intend that the material concerned be used by another person to promote a method of committing suicide or provide instruction on a method of committing suicide; or
 (e) intend the material concerned to be used by another person to commit suicide.

474.29B  Possessing, controlling, producing, supplying or obtaining suicide related 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 directly or indirectly:
 (i) counsels or incites committing or attempting to commit suicide; or
 (ii) promotes a particular method of committing suicide; or
 (iii) provides instruction on a particular method of committing suicide; 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 474.29A (using a carriage service for suicide related material).

Penalty: 1,000 penalty units.

 (2) A person may be found guilty of an offence against subsection (1) even if committing the offence against section 474.29A (using a carriage service for suicide related material) is impossible.

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

 [Minister's second reading speech made in—
House of Representatives on 10 March 2005
Senate on 12 May 2005]
(7/05)