Document ID: chunk:federal_register_of_legislation:C2022C00068:clause:2_4:p1
Version: federal_register_of_legislation:C2022C00068
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 1/4)
Character Range: 39311–42301

4  After section 474.17 of the Criminal Code
Insert:

474.17A  Aggravated offences involving private sexual material—using a carriage service to menace, harass or cause offence

Standard aggravated offence
 (1) A person commits an offence against this subsection if:
 (a) the person commits an offence (the underlying offence) against subsection 474.17(1); and
 (b) the commission of the underlying offence involves the transmission, making available, publication, distribution, advertisement or promotion of material; and
 (c) the material is private sexual material.
Penalty: Imprisonment for 5 years.
 (2) There is no fault element for the physical element described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.
 (3) To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence.

Special aggravated offence
 (4) A person commits an offence against this subsection if:
 (a) the person commits an offence (the underlying offence) against subsection 474.17(1); and
 (b) the commission of the underlying offence involves the transmission, making available, publication, distribution, advertisement or promotion of material; and
 (c) the material is private sexual material; and
 (d) before the commission of the underlying offence, 3 or more civil penalty orders were made against the person under the Regulatory Powers (Standard Provisions) Act 2014 in relation to contraventions of subsection 44B(1) of the Enhancing Online Safety Act 2015.
Penalty: Imprisonment for 7 years.
 (5) There is no fault element for the physical element described in paragraph (4)(a) other than the fault elements (however described), if any, for the underlying offence.
 (6) To avoid doubt, a person does not commit the underlying offence for the purposes of paragraph (4)(a) if the person has a defence to the underlying offence.
 (7) Absolute liability applies to paragraph (4)(d).
Note: For absolute liability, see section 6.2.

Double jeopardy etc.
 (8) A person who has been convicted or acquitted of an offence (the aggravated offence) against subsection (1) may not be convicted of an offence against subsection 474.17(1) or subsection (4) of this section in relation to the conduct that constituted the aggravated offence.
 (9) Subsection (8) does not prevent an alternative verdict under section 474.17B.
 (10) A person who has been convicted or acquitted of an offence (the aggravated offence) against subsection (4) may not be convicted of an offence against subsection 474.17(1) or subsection (1) of this section in relation to the conduct that constituted the aggravated offence.
 (11) Subsection (10) does not prevent an alternative verdict under section 474.17B.
 (12) A person who has been convicted or acquitted of an offence (the underlying offence) against subsection 474.17(1) may not be convicted of an offence against subsection (1)