Conduct for the purposes of electronic service used for child abuse material
474.23A Conduct for the purposes of electronic service used for child abuse material
A person commits an offence if:
the person engages in any of the following conduct:
creating, developing, altering or maintaining an electronic service;
controlling or moderating an electronic service;
making available, advertising or promoting an electronic service;
assisting in doing anything covered by a preceding subparagraph; and
the person does so with the intention that the electronic service be used:
by that person; or
by another person;
in committing, or facilitating the commission of, an offence against section 474.22, 474.22A or 474.23.
Penalty: Imprisonment for 20 years.
A person may be found guilty of an offence against subsection (1) even if:
committing the offence against section 474.22, 474.22A or 474.23 is impossible; or
the electronic service is incapable of being used as mentioned in paragraph (1)(b):
at the time the person engages in the conduct mentioned in paragraph (1)(a); or
at any other time.
It is not an offence to attempt to commit an offence against subsection (1).
In this Code:
electronic service means a service a purpose of which is to:
allow persons to access material using a carriage service; or
deliver material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service;
but does not include:
a broadcasting service (within the meaning of the Broadcasting Services Act 1992); or
a datacasting service (within the meaning of that Act).
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