Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p18
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 18/97)
Character Range: 1654966–1657629

of the International Covenant on Civil and Political Rights (a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986).

Rape
 (4) For the purposes of this section, a person (the first person) rapes another person if:
 (a) the first person sexually penetrates the other person without the consent of the other person; or
 (b) the first person causes the other person to sexually penetrate the first person without the consent of the other person.

Kidnapping
 (5) For the purposes of this section, a person (the first person) kidnaps another person if:
 (a) the first person takes or detains the other person without the other person's consent; and
 (b) the first person takes or detains the other person in order to:
 (i) hold the other person to ransom or as a hostage; or
 (ii) murder, torture or rape the other person or a third person; or
 (iii) cause serious harm to the other person or a third person; and
 (c) the taking or detention of the other person involves violence or a threat of violence.

Interpretation
 (6) In this section:
sexually penetrate means:
 (a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or
 (b) penetrate (to any extent) the mouth of a person by the penis of another person; or
 (c) continue to sexually penetrate as defined in paragraph (a) or (b).
terrorist act has the same meaning as in section 100.1. For this purpose, disregard paragraphs 100.1(2)(b), (d), (e) and (f).
 (7) For the purposes of this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.

474.33  Notification obligations of internet service providers, content service providers and hosting service providers
 (1) A person commits an offence if:
 (a) the person:
 (i) is an internet service provider; or
 (ii) provides a content service; or
 (iii) provides a hosting service; and
 (b) the person is aware that the service provided by the person can be used to access particular material that the person has reasonable grounds to believe is abhorrent violent material that records or streams abhorrent violent conduct that has occurred, or is occurring, in Australia; and
 (c) the person does not refer details of the material to the Australian Federal Police within a reasonable time after becoming aware of the existence of the material.
Penalty: 800 penalty units.
 (2) For the purposes of this section:
 (a) it is immaterial whether the content service is provided within or outside Australia; and
 (b)