Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p21
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 21/24)
Character Range: 58371–60947

the sender does this with the intention of making it easier to procure the recipient to engage in, or submit to, sexual activity with the sender; and
 (d) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
 (e) the sender is at least 18 years of age.

Penalty: Imprisonment for 12 years.

 (2) A person (the sender) commits an offence if:
 (a) the sender uses a carriage service to transmit a communication to another person (the recipient); and
 (b) the communication includes material that is indecent; and
 (c) the sender does this with the intention of making it easier to procure the recipient to engage in, or submit to, sexual activity with another person; and
 (d) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
 (e) the other person referred to in paragraph (c) is someone who is, or who the sender believes to be, at least 18 years of age.

Penalty: Imprisonment for 12 years.

 (3) A person (the sender) commits an offence if:
 (a) the sender uses a carriage service to transmit a communication to another person (the recipient); and
 (b) the communication includes material that is indecent; and
 (c) the sender does this with the intention of making it easier to procure the recipient to engage in, or submit to, sexual activity with another person; and
 (d) the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
 (e) the other person referred to in paragraph (c) is someone who is, or who the sender believes to be, under 18 years of age; and
 (f) the sender intends that the sexual activity referred to in paragraph (c) will take place in the presence of:
 (i) the sender; or
 (ii) another person who is, or who the sender believes to be, at least 18 years of age.

Penalty: Imprisonment for 15 years.

 (4) In a prosecution for an offence against subsection (1), (2) or (3), whether material is indecent is a matter for the trier of fact.

 (5) In this section:

indecent means indecent according to the standards of ordinary people.

474.28  Provisions relating to offences against sections 474.26 and 474.27

Age‑related issues

 (1) For the purposes of an offence against section 474.26 or 474.27, absolute liability applies to the physical element of circumstance of the offence that the recipient is someone who is under 16 years of age.

Note 1: For absolute liability, see section 6.2.

Note 2: For a defence based on belief about age, see section 474.29.

 (2) For the purposes of an offence against subsection 474.26(2)