Possessing or controlling violent extremist material obtained or accessed using a carriage service
474.45C Possessing or controlling violent extremist material obtained or accessed using a carriage service
A person commits an offence if:
the person has possession or control of material; and
the material is in the form of data held in a computer or contained in a data storage device; and
the person used a carriage service to obtain or access the material; and
the material is violent extremist material.
Penalty: Imprisonment for 5 years.
To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
intention is the fault element for the conduct referred to in paragraph (1)(a);
recklessness is the fault element for the circumstance referred to in paragraph (1)(d).
Strict liability applies to paragraph (1)(b).
Absolute liability applies to paragraph (1)(c).
If the prosecution proves beyond reasonable doubt the matters mentioned in paragraphs (1)(a), (b) and (d), then it is presumed, unless the person proves to the contrary, that the person:
obtained or accessed the material; and
used a carriage service to obtain or access the material.
A defendant bears a legal burden in relation to the matters in this subsection: see section 13.4.
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