Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_3:p1
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/4)
Character Range: 41043–43774

3  After Subdivision H of Division 474 of the Criminal Code
Insert:

Subdivision HA—Offences relating to use of carriage service for violent extremist material

474.45A  Meaning of violent extremist material
 (1) Material is violent extremist material if:
 (a) the material:
 (i) describes or depicts serious violence; or
 (ii) provides instruction on engaging in serious violence; or
 (iii) supports or facilitates serious violence; and
 (b) a reasonable person would consider that, in all the circumstances, the material is intended to directly or indirectly advance a political, religious or ideological cause; and
 (c) a reasonable person would consider that, in all the circumstances, the material is intended to assist, encourage or induce a person to:
 (i) engage in, plan or prepare for an intimidatory act; or
 (ii) do a thing that relates to engaging in, planning or preparing for an intimidatory act; or
 (iii) join or associate with an organisation that is directly engaged in the doing of any intimidatory act, or that is preparing, planning, assisting in or fostering the doing of any intimidatory act.
 (2) For the purposes of paragraph (1)(a), serious violence is action that falls within subsection 100.1(2).
 (3) An intimidatory act is a violent action, or threat of violent action, where the action is done, or the threat is made, with the intention of:
 (a) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or
 (b) intimidating the public or a section of the public.
 (4) To avoid doubt:
 (a) material may be intended to do a thing referred to in paragraph (1)(b) or (c) even if the material is also intended, or mainly intended, to do one or more other things; and
 (b) an action may be done, or a threat may be made, with an intention referred to in subsection (3) even if that intention is not the only intention, or the main intention, with which the action is done or the threat is made.
 (5) Material is also violent extremist material if:
 (a) it is reasonable to consider the material together with other material; and
 (b) were all of the material to be taken to be a single item of material, it would constitute violent extremist material under subsection (1).

474.45B  Using a carriage service for violent extremist material
 (1) A person commits an offence if:
 (a) the person:
 (i) accesses material; or
 (ii) causes material, or an electronic link that can be used to access material, to be transmitted to the person; or
 (iii) transmits, makes available, publishes, distributes, advertises or promotes material or an electronic link that can be used to access material; or