Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_10:p1
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 1/6)
Character Range: 36167–38934

10                    subsection 272.13(2)  subsection 272.12(2)

272.29  Double jeopardy
  If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence against this Division in respect of that conduct.

272.30  Sentencing
 (1) In determining the sentence to be passed, or the order to be made, in respect of a person for an offence against Subdivision B of this Division, the court must take into account the age and maturity of the person in relation to whom the offence was committed, so far as these matters are relevant and known to the court.
 (2) The matters mentioned in subsection (1) are in addition to any other matters the court must take into account (for example, the matters mentioned in subsection 16A(2) of the Crimes Act 1914).

272.31  Consent to commencement of proceedings where defendant under 18
 (1) Proceedings for an offence against this Division must not be commenced without the consent of the Attorney‑General if the defendant was under 18 at the time he or she allegedly engaged in the conduct constituting the offence.
 (2) However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.

Division 273—Offences involving child pornography material or child abuse material outside Australia

Subdivision A—Preliminary

273.1  Definitions
 (1) Subject to subsections (2) and (3), an expression used in this Division that is defined in Part 10.6 has the same meaning in this Division as it has in that Part.
Note: These expressions include child abuse material and child pornography material.
 (2) A reference in this Division to a person having possession or control of material includes a reference to the person:
 (a) having possession of a computer or data storage device that holds or contains the material; or
 (b) having possession of a document in which the material is recorded; or
 (c) having control of material held in a computer that is in the possession of another person (whether inside or outside Australia).
 (3) A reference in this Division to a person producing, distributing or obtaining material includes a reference to the person:
 (a) producing, distributing or obtaining material held or contained in a computer or data storage device; or
 (b) producing, distributing or obtaining a document in which the material is recorded.
 (4) Section 473.4 applies in relation to this Division as if the reference in that section to Part 10.6 were a reference to this Division.
Note: Section 473.4 sets out matters that may be taken into account in deciding whether particular material is