Criminal Code Act 1995

A person commits an offence if:

the person commits an offence against subsection 474.45B(1) (the underlying offence); and

the person is at least 18 years old; and

the conduct constituting the offence involved either:

transmitting, making available, publishing, distributing, advertising or promoting material or an electronic link to an individual or individuals; or

soliciting material or an electronic link from an individual or individuals; and

the person is reckless as to whether, at the time of the conduct, at least one of the individuals is less than 18 years old (whether or not one of those individuals actually is less than 18 years old).

There is no fault element for the physical element of conduct described in paragraph (1)(a) other than the fault elements (however described), if any, for the underlying offence.

Absolute liability applies to paragraph (1)(b).

To avoid doubt:

a person does not commit an underlying offence for the purposes of paragraph (1)(a) if the person has a defence to the underlying offence; and

a person may be convicted of an offence against subsection (1) even if the person has not been convicted of the underlying offence.

To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.