Document ID: chunk:federal_register_of_legislation:C2019A00072:clause:3_1
Version: federal_register_of_legislation:C2019A00072
Segment Type: clause
Provision Reference: sch 3 cl 1
Character Range: 24063–25079

1  After section 474.22 of the Criminal Code
Insert:

474.22A  Possessing or controlling child abuse 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 child abuse material.
Penalty: Imprisonment for 15 years.
 (2) Absolute liability applies to paragraph (1)(c).
Note: For absolute liability, see section 6.2.
 (3) 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.