Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p6
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 6/97)
Character Range: 1625727–1628549

purposes of paragraph (1)(a) if the person has a defence to that offence.

Offence or conduct need not be the same
 (4) For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.

Double jeopardy etc.
 (5) A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 474.22, 474.22A or 474.23 in relation to the conduct that constituted the aggravated offence.
 (6) Subsection (5) does not prevent an alternative verdict under section 474.24B.
 (7) A person who has been convicted or acquitted of an offence (the underlying offence) against section 474.22, 474.22A or 474.23 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.

474.24B  Alternative verdict if aggravated offence not proven
  If, on a trial for an offence (the aggravated offence) against subsection 474.24A(1), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the aggravated offence; but
 (b) is satisfied beyond reasonable doubt that he or she is guilty of an offence (the underlying offence) against section 474.22, 474.22A or 474.23;
it may find the defendant not guilty of the aggravated offence but guilty of the underlying offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

474.24C  Consent to commencement of proceedings where defendant under 18
 (1) Proceedings for an offence against this Subdivision must not be commenced without the consent of the Attorney‑General if the defendant was under 18 at the time he or she allegedly engaged in the conduct constituting the offence.
 (2) However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, such an offence before the necessary consent has been given.

Subdivision E—Offence relating to obligations of internet service providers and internet content hosts

474.25  Obligations of internet service providers and internet content hosts
  A person commits an offence if the person:
 (a) is an internet service provider or an Australian hosting service provider; and
 (b) is aware that the service provided by the person can be used to access particular material that the person has reasonable grounds to believe is child abuse material; and
 (c) does not refer details of the material to the Australian Federal Police within a reasonable time after becoming aware of the existence of the material.
Penalty: 800 penalty units.

Subdivision F—Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16

474.25A  Using a carriage service for sexual activity with