Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p17
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 17/97)
Character Range: 1652469–1655187

meaning given by section 474.31.
consent means free and voluntary agreement.
content service means:
 (a) a social media service (within the meaning of the Online Safety Act 2021); or
 (b) a designated internet service (within the meaning of the Online Safety Act 2021).
hosting service has the same meaning as in the Online Safety Act 2021. For this purpose, disregard subparagraphs 17(a)(ii) and (b)(ii) of that Act.

474.31  Abhorrent violent material
 (1) For the purposes of this Subdivision, abhorrent violent material means material that:
 (a) is:
 (i) audio material; or
 (ii) visual material; or
 (iii) audio‑visual material;
  that records or streams abhorrent violent conduct engaged in by one or more persons; and
 (b) is material that reasonable persons would regard as being, in all the circumstances, offensive; and
 (c) is produced by a person who is, or by 2 or more persons each of whom is:
 (i) a person who engaged in the abhorrent violent conduct; or
 (ii) a person who conspired to engage in the abhorrent violent conduct; or
 (iii) a person who aided, abetted, counselled or procured, or was in any way knowingly concerned in, the abhorrent violent conduct; or
 (iv) a person who attempted to engage in the abhorrent violent conduct.
 (2) For the purposes of this section, it is immaterial whether the material has been altered.
 (3) For the purposes of this section, it is immaterial whether the abhorrent violent conduct was engaged in within or outside Australia.

474.32  Abhorrent violent conduct
 (1) For the purposes of this Subdivision, a person engages in abhorrent violent conduct if the person:
 (a) engages in a terrorist act; or
 (b) murders another person; or
 (c) attempts to murder another person; or
 (d) tortures another person; or
 (e) rapes another person; or
 (f) kidnaps another person.

Murder
 (2) For the purposes of this section, a person (the first person) murders another person if:
 (a) the first person's conduct causes the death of the other person; and
 (b) the conduct constitutes an offence.

Torture
 (3) For the purposes of this section, a person (the first person) tortures another person if:
 (a) the first person inflicts severe physical or mental pain or suffering upon the other person; and
 (b) the other person is in the custody, or under the control, of the first person; and
 (c) the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles 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