Criminal Code Act 1995

A person commits an offence against this section if:

the person commits an offence against one or more of the following provisions on 3 or more separate occasions:

section 474.22 (using a carriage service for child abuse material);

section 474.22A (possessing or controlling child abuse material obtained or accessed using a carriage service);

section 474.23 (possessing etc. child abuse material for use through a carriage service); and

the commission of each such offence involves 2 or more people.

There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 474.22, 474.22A or 474.23.

To avoid doubt, a person does not commit an offence against section 474.22, 474.22A or 474.23 for the purposes of paragraph (1)(a) if the person has a defence to that offence.

For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.

A person who has been convicted or acquitted of an offence (the aggravated offence) against this section may not be convicted of an offence against section 474.22, 474.22A or 474.23 in relation to the conduct that constituted the aggravated offence.

Subsection (5) does not prevent an alternative verdict under section 474.24B.

A person who has been convicted or acquitted of an offence (the underlying offence) against section 474.22, 474.22A or 474.23 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.