Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p2
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 2/23)
Character Range: 1130105–1132937

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 offensive.

273.2  Who can be prosecuted for an offence committed outside Australia
  A person must not be charged with an offence against this Division that the person allegedly committed outside Australia unless, at the time of the offence, the person was:
 (a) an Australian citizen; or
 (b) a resident of Australia; or
 (c) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
 (d) any other body corporate that carries on its activities principally in Australia.

273.2A  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.

273.3  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.

273.4  Saving of other laws
  This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Note: Division 279 (video link evidence) applies to a proceeding for an offence against this Division.

Subdivision B—Offences committed overseas involving child abuse material

273.6  Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia
 (1) A person commits an offence if:
 (a) the person:
 (i) has possession or control of material; or
 (ii) produces, distributes or obtains material; or
 (iii) facilitates the production or distribution of material; and
 (b) the material is child abuse material; and
 (c) the conduct referred to in paragraph (a) occurs outside Australia.
Penalty: Imprisonment for 15 years.
 (2) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section