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CRIMINAL CODE AMENDMENT (SUICIDE RELATED MATERIAL OFFENCES) ACT 2005 NO. 92, 2005 - SCHEDULE 1

- Suicide related material offences

Criminal Code Act 1995

1
After section 474.29 of the Criminal Code

Insert:

474.29A Using a carriage service for suicide related material
(1)
A person is guilty of an offence if:

(a) the person:
(i) uses a carriage service to access material; or
(ii) uses a carriage service to cause material to be transmitted to the person; or
(iii) uses a carriage service to transmit material; or
(iv) uses a carriage service to make material available; or
(v) uses a carriage service to publish or otherwise distribute material; and
(b) the material directly or indirectly counsels or incites committing or attempting to commit suicide; and
(c) the person:
(i) intends to use the material to counsel or incite committing or attempting to commit suicide; or
(ii) intends that the material be used by another person to counsel or incite committing or attempting to commit suicide.

Penalty: 1,000 penalty units.

(2)
A person is guilty of an offence if:

(a) the person:
(i) uses a carriage service to access material; or
(ii) uses a carriage service to cause material to be transmitted to the person; or
(iii) uses a carriage service to transmit material; or
(iv) uses a carriage service to make material available; or
(v) uses a carriage service to publish or otherwise distribute material; and
(b) the material directly or indirectly:
(i) promotes a particular method of committing suicide; or
(ii) provides instruction on a particular method of committing suicide; and
(c) the person:
(i) intends to use the material to promote that method of committing suicide or provide instruction on that method of committing suicide; or
(ii) intends that the material be used by another person to promote that method of committing suicide or provide instruction on that method of committing suicide; or
(iii) intends the material to be used by another person to commit suicide.

Penalty: 1,000 penalty units.

(3)
To avoid doubt, a person is not guilty of an offence against subsection (1) merely because the person uses a carriage service to:

(a) engage in public discussion or debate about euthanasia or suicide; or
(b) advocate reform of the law relating to euthanasia or suicide;

if the person does not:

(c) intend to use the material concerned to counsel or incite committing or attempting to commit suicide; or
(d) intend that the material concerned be used by another person to counsel or incite committing or attempting to commit suicide.

(4)
To avoid doubt, a person is not guilty of an offence against subsection (2) merely because the person uses a carriage service to:

(a) engage in public discussion or debate about euthanasia or suicide; or
(b) advocate reform of the law relating to euthanasia or suicide;

if the person does not:

(c) intend to use the material concerned to promote a method of committing suicide or provide instruction on a method of committing suicide; or
(d) intend that the material concerned be used by another person to promote a method of committing suicide or provide instruction on a method of committing suicide; or
(e) intend the material concerned to be used by another person to commit suicide.

474.29B Possessing, controlling, producing, supplying or obtaining suicide related material for use through a carriage service
(1)
A person is guilty of an offence if:

(a) the person:
(i) has possession or control of material; or
(ii) produces, supplies or obtains material; and
(b) the material directly or indirectly:
(i) counsels or incites committing or attempting to commit suicide; or
(ii) promotes a particular method of committing suicide; or
(iii) provides instruction on a particular method of committing suicide; and
(c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:
(i) by that person; or
(ii) by another person;
in committing an offence against section 474.29A (using a carriage service for suicide related material).

Penalty: 1,000 penalty units.

(2)
A person may be found guilty of an offence against subsection (1) even if committing the offence against section 474.29A (using a carriage service for suicide related material) is impossible.

(3)
It is not an offence to attempt to commit an offence against subsection (1).



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