Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p167
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 167/169)
Character Range: 1604014–1606751

(1), that subsection applies to menacing, harassing or causing offence to:
 (a) an employee of an NRS provider; or
 (b) an emergency call person; or
 (c) an employee of an emergency service organisation; or
 (d) an APS employee in the Department administered by the AFP Minister acting as a National Security Hotline call taker.

474.17A  Using a carriage service to transmit sexual material without consent

Offence
 (1) A person (the first person) commits an offence if:
 (a) the first person uses a carriage service to transmit material of another person; and
 (b) the other person is, or appears to be, 18 years of age or older; and
 (c) the material depicts, or appears to depict:
 (i) the other person engaging in a sexual pose or sexual activity (whether or not in the presence of other persons); or
 (ii) a sexual organ or the anal region of the other person; or
 (iii) if the other person is female—the other person's breasts; and
 (d) the first person:
 (i) knows that the other person does not consent to the transmission of the material; or
 (ii) is reckless as to whether the other person consents to the transmission of the material.
Note: For material that relates to a person who is, or appears to be, under 18 years of age, see:
(a) the definition of child abuse material; and
(b) the offences relating to child abuse material in Subdivision D.
Penalty: Imprisonment for 6 years.
 (2) For the purposes of subsection (1), it is irrelevant whether the material transmitted:
 (a) is in an unaltered form; or
 (b) has been created, or altered in any way, using technology.
Note: Paragraph (b) includes images, videos or audio depicting a person that have been edited or entirely created using digital technology (including artificial intelligence), generating a realistic but false depiction of the person. Examples of such material are "deepfakes".

Exceptions
 (3) Subsection (1) does not apply if:
 (a) transmitting the material is necessary for, or of assistance in:
 (i) enforcing a law of the Commonwealth, a State or a Territory; or
 (ii) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or
 (b) transmitting the material is for the purposes of proceedings in a court or tribunal; or
 (c) transmitting the material is for a genuine medical or scientific purpose; or
 (d) a reasonable person would consider transmitting the material to be acceptable, having regard to the following:
 (i) the nature and content of the material;
 (ii) the circumstances in which the material was transmitted;
 (iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the person depicted, or appearing to be depicted, in the material;
 (iv)