Document ID: chunk:federal_register_of_legislation:C2022C00068:clause:2_3
Version: federal_register_of_legislation:C2022C00068
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 38520–39311

3  At the end of section 473.4 of the Criminal Code
Add:
 (2) If:
 (a) a particular use of a carriage service involves the transmission, making available, publication, distribution, advertisement or promotion of material; and
 (b) the material is private sexual material;
then, in deciding for the purposes of this Part whether reasonable persons would regard the use of the carriage service as being, in all the circumstances, offensive, regard must be had to whether the subject, or each of the subjects, of the private sexual material gave consent to the transmission, making available, publication, distribution, advertisement or promotion of the material.
 (3) Subsection (2) does not limit subsection (1).

Definition
 (4) In this section:
consent means free and voluntary agreement.