Document ID: chunk:federal_register_of_legislation:C2024A00078:clause:1_5:p2
Version: federal_register_of_legislation:C2024A00078
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 2/3)
Character Range: 4547–7473

which the transmission of the material affects the privacy of the person depicted, or appearing to be depicted, in the material;
 (v) the relationship between the person transmitting the material and the person depicted, or appearing to be depicted, in the material;
 (vi) any other relevant matters.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3).

Interpretation
 (4) In this section:
transmit includes make available, publish, distribute, advertise and promote.
 (5) In this section, being reckless in relation to consent includes not giving any thought to whether or not the person is consenting.

474.17AA  Aggravated offences involving transmission of sexual material without consent

Aggravated offence—transmission of sexual material without consent after certain civil penalty orders were made
 (1) A person commits an offence against this subsection if:
 (a) the person commits an offence (the underlying offence) against subsection 474.17A(1); and
 (b) before the commission of the underlying offence, 3 or more civil penalty orders were made against the person under the Regulatory Powers (Standard Provisions) Act 2014 in relation to either or both of the following:
 (i) contraventions of subsection 75(1) of the Online Safety Act 2021;
 (ii) contraventions of section 91 of the Online Safety Act 2021 that relate to removal notices given under section 89 of that Act.
Penalty: Imprisonment for 7 years.
 (2) There is no fault element for the physical element described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.
 (3) To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence.
 (4) Absolute liability applies to paragraph (1)(b).

Aggravated offence—creation or alteration of sexual material transmitted without consent
 (5) A person commits an offence against this subsection if:
 (a) the person commits an offence (the underlying offence) against subsection 474.17A(1); and
 (b) the person was responsible for the creation or alteration of the material.
Penalty: Imprisonment for 7 years.
 (6) There is no fault element for the physical element described in paragraph (5)(a) other than the fault elements (however described), if any, for the underlying offence.
 (7) To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (5)(a) if the person has a defence to the underlying offence.

474.17AB  Double jeopardy etc. provisions—offences involving transmission of sexual material without consent

Double jeopardy
 (1) A person who has been convicted or acquitted of an offence (the aggravated offence) specified in column 1 of an item of the following table may not be convicted of an offence specified in column 2 of the item in relation to the