Document ID: chunk:federal_register_of_legislation:C2005A00092:clause:1_1:p1
Version: federal_register_of_legislation:C2005A00092
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/2)
Character Range: 2444–5176

1  After section 474.29 of the Criminal Code
Insert:

474.29A  Using a carriage service for suicide related material

 (1) A person is guilty of an offence if:
 (a) the person:
 (i) uses a carriage service to access material; or
 (ii) uses a carriage service to cause material to be transmitted to the person; or
 (iii) uses a carriage service to transmit material; or
 (iv) uses a carriage service to make material available; or
 (v) uses a carriage service to publish or otherwise distribute material; and
 (b) the material directly or indirectly counsels or incites committing or attempting to commit suicide; and
 (c) the person:
 (i) intends to use the material to counsel or incite committing or attempting to commit suicide; or
 (ii) intends that the material be used by another person to counsel or incite committing or attempting to commit suicide.

Penalty: 1,000 penalty units.

 (2) A person is guilty of an offence if:
 (a) the person:
 (i) uses a carriage service to access material; or
 (ii) uses a carriage service to cause material to be transmitted to the person; or
 (iii) uses a carriage service to transmit material; or
 (iv) uses a carriage service to make material available; or
 (v) uses a carriage service to publish or otherwise distribute material; and
 (b) the material directly or indirectly:
 (i) promotes a particular method of committing suicide; or
 (ii) provides instruction on a particular method of committing suicide; and
 (c) the person:
 (i) intends to use the material to promote that method of committing suicide or provide instruction on that method of committing suicide; or
 (ii) intends that the material be used by another person to promote that method of committing suicide or provide instruction on that method of committing suicide; or
 (iii) intends the material to be used by another person to commit suicide.

Penalty: 1,000 penalty units.

 (3) To avoid doubt, a person is not guilty of an offence against subsection (1) merely because the person uses a carriage service to:
 (a) engage in public discussion or debate about euthanasia or suicide; or
 (b) advocate reform of the law relating to euthanasia or suicide;
if the person does not:
 (c) intend to use the material concerned to counsel or incite committing or attempting to commit suicide; or
 (d) intend that the material concerned be used by another person to counsel or incite committing or attempting to commit suicide.

 (4) To avoid doubt, a person is not guilty of an offence against subsection (2) merely because the person uses a carriage service to:
 (a) engage in public discussion or debate about euthanasia or suicide; or
 (b) advocate reform of the law relating to euthanasia or suicide;
if the person does