Section 474.17A Criminal Code Act | Aggravated Offences Involving Private Sexual Material and Using Carriage Service to Menace Harass or Cause Offence


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Section 474.17A of the Criminal Code Act 1995 (Cth) is Aggravated offences involving private sexual material and using a carriage service to menace, harass or cause offence and is extracted below.

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The Legislation

474.17A Aggravated offences involving private sexual material and 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).