Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p144
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 144/169)
Character Range: 1547348–1550101

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

471.22  Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
 (1) A person commits an offence against this section if:
 (a) the person commits an offence against either of the following provisions on 3 or more separate occasions:
 (iii) section 471.19 (using a postal or similar service for child abuse material);
 (iv) section 471.20 (possessing etc. child abuse material for use through a postal or similar service); and
 (b) the commission of each such offence involves 2 or more people.
Penalty: Imprisonment for 30 years.
 (2) There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 471.19 or 471.20.
 (3) To avoid doubt, a person does not commit an offence against section 471.19 or 471.20 for the purposes of paragraph (1)(a) if the person has a defence to that offence.

Offence or conduct need not be the same
 (4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.

Double jeopardy etc.
 (5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 471.19 or 471.20 in relation to the conduct that constituted the aggravated offence.
 (6) Subsection (5) does not prevent an alternative verdict under section 471.23.
 (7) A person who has been convicted or acquitted of an offence (the underlying offence) against section 471.19 or 471.20 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.

471.23  Alternative verdict if aggravated offence not proven
  If, on a trial for an offence (the aggravated offence) against subsection 471.22(1), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the aggravated offence; but
 (b) is satisfied beyond reasonable doubt that he or she is guilty of an offence (the underlying offence) against section 471.19 or 471.20;
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Subdivision C—Offences relating to use of postal or similar service involving sexual activity with person under 16

471.24  Using a postal or similar service to procure persons under 16
 (1) A person (the sender) commits an offence if:
 (a) the sender causes an article to be carried by a postal or similar service to another