Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_3:p2
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/4)
Character Range: 43527–46275

or an electronic link that can be used to access material, to be transmitted to the person; or
 (iii) transmits, makes available, publishes, distributes, advertises or promotes material or an electronic link that can be used to access material; or
 (iv) solicits material or an electronic link that can be used to access material; and
 (b) the person does so using a carriage service; and
 (c) the material is violent extremist material.
Penalty: Imprisonment for 5 years.
 (2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
 (a) intention is the fault element for the conduct referred to in paragraph (1)(a);
 (b) recklessness is the fault element for the circumstance referred to in paragraph (1)(c).
 (3) Absolute liability applies to paragraph (1)(b).

474.45C  Possessing or controlling violent extremist material obtained or accessed using a carriage service
 (1) A person commits an offence if:
 (a) the person has possession or control of material; and
 (b) the material is in the form of data held in a computer or contained in a data storage device; and
 (c) the person used a carriage service to obtain or access the material; and
 (d) the material is violent extremist material.
Penalty: Imprisonment for 5 years.
 (2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
 (a) intention is the fault element for the conduct referred to in paragraph (1)(a);
 (b) recklessness is the fault element for the circumstance referred to in paragraph (1)(d).
 (3) Strict liability applies to paragraph (1)(b).
 (4) Absolute liability applies to paragraph (1)(c).
 (5) If the prosecution proves beyond reasonable doubt the matters mentioned in paragraphs (1)(a), (b) and (d), then it is presumed, unless the person proves to the contrary, that the person:
 (a) obtained or accessed the material; and
 (b) used a carriage service to obtain or access the material.
Note: A defendant bears a legal burden in relation to the matters in this subsection: see section 13.4.

474.45D  Defences in respect of violent extremist material
 (1) Subsection 474.45B(1) or 474.45C(1) does not apply to engaging in conduct in relation to material if:
 (a) the conduct is necessary for enforcing a law of:
 (i) the Commonwealth; or
 (ii) a State; or
 (iii) a Territory; or
 (iv) a foreign country; or
 (v) a part of a foreign country; or
 (b) the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:
 (i) the Commonwealth; or
 (ii) a State; or
 (iii) a Territory; or
 (iv) a foreign country; or
 (v) a part of a foreign country; or
 (c) the conduct is for the purposes of proceedings