Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p3
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 3/97)
Character Range: 1618120–1620934

the following are the fault elements for the physical elements of an offence against subsection (1):
 (a) intention is the fault element for the conduct referred to in paragraph (1)(a);
 (b) recklessness is the fault element for the circumstances referred to in paragraph (1)(b).
Note: For the meaning of intention and recklessness see sections 5.2 and 5.4.
 (2A) Absolute liability applies to paragraph (1)(aa).
Note: For absolute liability, see section 6.2.
 (3) As well as the general defences provided for in Part 2.3, defences are provided for under section 474.24 in relation to this section.

474.22A  Possessing or controlling child abuse material obtained or accessed using a carriage service
 (1) A person commits an offence if:
 (a) the person has possession or control of material; and
 (b) the material is in the form of data held in a computer or contained in a data storage device; and
 (c) the person used a carriage service to obtain or access the material; and
 (d) the material is child abuse material.
Penalty: Imprisonment for 15 years.
 (2) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.
 (3) If the prosecution proves beyond reasonable doubt the matters mentioned in paragraphs (1)(a), (b) and (d), then it is presumed, unless the person proves to the contrary, that the person:
 (a) obtained or accessed the material; and
 (b) used a carriage service to obtain or access the material.
Note: A defendant bears a legal burden in relation to the matters in this subsection: see section 13.4.

474.23  Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service
 (1) A person commits an offence if:
 (a) the person:
 (i) has possession or control of material; or
 (ii) produces, supplies or obtains material; and
 (b) the material is child abuse material; 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 474.22 (using a carriage service for child abuse material).
Penalty: Imprisonment for 15 years.
 (2) A person may be found guilty of an offence against subsection (1) even if committing the offence against section 474.22 (using a carriage service for child abuse material) is impossible.
 (3) It is not an offence to attempt to commit an offence against subsection (1).

474.23A  Conduct for the purposes of electronic service used for child abuse material
 (1) A person commits an offence if:
 (a) the person engages in any of the following conduct:
 (i) creating, developing, altering or maintaining an electronic service;
 (ii) controlling or moderating an electronic service;
 (iii) making