(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with the sender; and
(c) the recipient is someone who is, or who the sender believes to be, under 16; and
(d) the sender is at least 18.
Penalty: Imprisonment for 15 years.
(2) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with another person (the participant); and
(c) the recipient is someone who is, or who the sender believes to be, under 16; and
(d) the participant is someone who is, or who the sender believes to be, at least 18.
Penalty: Imprisonment for 15 years.
(3) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with another person; and
(c) the recipient is someone who is, or who the sender believes to be, under 16; and
(d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18; and
(e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant) who is, or who the sender believes to be, at least 18.
Penalty: Imprisonment for 15 years.
471.25A Using a postal or similar service to “groom” another person to make it easier to procure persons under 16
(1) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with the sender; and
(c) the child is someone who is, or who the sender believes to be, under 16; and
(d) the sender is at least 18.
Penalty: Imprisonment for 15 years.
(2) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with another person (the participant); and
(c) the child is someone who is, or who the sender believes to be, under 16; and
(d) the participant is someone who is, or who the sender believes to be, at least 18.
Penalty: Imprisonment for 15 years.
(3) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the sender does this with the intention of making it easier to procure a person (the child) to engage in sexual activity with another person; and
(c) the child is someone who is, or who the sender believes to be, under 16; and
(d) the other person referred to in paragraph (b) is someone who is, or who the sender believes to be, under 18; and
(e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of:
(i) the sender; or
(ii) another person (the participant) who is, or who the sender believes to be, at least 18.
Penalty: Imprisonment for 15 years.
471.26 Using a postal or similar service to send indecent material to person under 16
(1) A person (the sender) commits an offence if:
(a) the sender causes an article to be carried by a postal or similar service to another person (the recipient); and
(b) the article is, or contains, material that is indecent; and
(c) the recipient is someone who is, or who the sender believes to be, under 16; and
(d) the sender is at least 18.
Penalty: Imprisonment for 10 years.
(2) In a prosecution for an offence against subsection (1), whether material is indecent is a matter for the trier of fact.
(3) In this section:
indecent means indecent according to the standards of ordinary people.
471.27 Age‑related provisions relating to offences against this Subdivision
Application of absolute liability
(1) For the purposes of an offence against this Subdivision (other than section 471.25A), absolute liability applies to the physical element of circumstance of the offence that the recipient is someone who is under 16.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.
(1A) For the purposes of an offence against section 471.25A, absolute liability applies to the physical element of circumstance of the offence that the child is someone who is under 16.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.
(2) For the purposes of an offence against subsection 471.24(2) or (3), 471.25(2) or (3) or 471.25A(2) or (3), absolute liability applies to the physical element of circumstance of the offence that the participant is at least 18.
Note 1: For absolute liability, see section 6.2.
Note 2: For a defence based on belief about age, see section 471.29.
Proof of belief about age—evidence of representation
(3) For the purposes of this Subdivision, evidence that a person was represented to the defendant as being under, of, at least or over a particular age is, in the absence of evidence to the contrary, proof that the defendant believed the person to be under, of, at least or over that age (as the case requires).
Determining age—admissible evidence
(5) In determining for the purposes of this Subdivision how old a person is or was at a particular time, a jury or court may treat any of the following as admissible evidence:
(a) the person’s appearance;
(b) medical or other scientific opinion;
(c) a document that is or appears to be an official or medical record from a country outside Australia;
(d) a document that is or appears to be a copy of such a record.
(6) Subsection (5) does not make any other kind of evidence inadmissible, and does not affect a prosecutor’s duty to do all he or she can to adduce the best possible evidence for determining the question.
(7) If, on a trial for an offence against this Subdivision, evidence may be treated as admissible because of subsection (5), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.
471.28 Other provisions relating to offences against this Subdivision
Impossibility of sexual activity taking place
(1) A person may be found guilty of an offence against section 471.24, 471.25 or 471.25A even if it is impossible for the sexual activity referred to in that section to take place.
Fictitious persons
(2) For the purposes of an offence against this Subdivision, it does not matter that the recipient to whom the sender believes the sender is causing an article to be carried is a fictitious person represented to the sender as a real person.
(2A) For the purposes of an offence against section 471.25A, it does not matter that the child is a fictitious person represented to the sender as a real person.
Attempt not offence
(3) It is not an offence to attempt to commit an offence against section 471.24, 471.25 or 471.25A.
471.29 Defences to offences against this Subdivision
Belief that certain persons at least 16
(1) It is a defence to a prosecution for an offence against this Subdivision (other than section 471.25A) if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the recipient was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
(1A) It is a defence to a prosecution for an offence against section 471.25A if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the child was at least 16.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Procuring and “grooming” offences involving child engaging in sexual activity with other participant—belief that participant under 18
(2) It is a defence to a prosecution for an offence against subsection 471.24(2) or (3), 471.25(2) or (3) or 471.25A(2) or (3) if the defendant proves that, at the time he or she caused the article to be carried, the defendant believed that the participant was under 18.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.
Trier of fact may take into account whether belief reasonable
(3) In determining whether the defendant had the belief mentioned in subsection (1), (1A) or (2), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
471.29A Sentencing
(1) In determining the sentence to be passed, or the order to be made, in respect of a person for an offence against this Subdivision, the court must take into account the following matters:
(a) the age and maturity of the person in relation to whom the offence was committed;
(b) if that person was under 10 when the offence was committed—that fact as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates;
(c) the number of people involved in the commission of the offence.
(2) However, the court need only take into account a matter mentioned in subsection (1) so far as the matter is known to the court and, for a matter mentioned in paragraph (1)(a) or (c), relevant.
(3) The matters mentioned in subsection (1) are in addition to any other matters the court must take into account (for example, the matters mentioned in section 16A of the Crimes Act 1914).
Subdivision D—Miscellaneous
471.30 Geographical jurisdiction
Section 15.1 (extended geographical jurisdiction—category A) applies to an offence against Subdivision B or C of this Division.
471.31 Definition of carried by post does not apply
To avoid doubt, the definition of carried by post in section 470.1 does not apply in relation to Subdivision B or C of this Division.
Division 472—Miscellaneous
472.1 Saving of other laws
This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
472.2 Interpretation of other laws
In determining the meaning of a provision of:
(a) Part VIIA of the Crimes Act 1914; or
(b) the Australian Postal Corporation Act 1989;
this Part is to be disregarded.
Part 10.6—Telecommunications Services
Division 473—Preliminary
473.1 Definitions
In this Part:
abattoir means a place where animals are slaughtered (whether or not for human consumption), but does not include a restaurant.
access in relation to material includes:
(a) the display of the material by a computer or any other output of the material from a computer; or
(b) the copying or moving of the material to any place in a computer or to a data storage device; or
(c) in the case of material that is a program—the execution of the program.
account identifier means:
(a) something that:
(i) contains subscription‑specific secure data; and
(ii) is installed, or capable of being installed, in a mobile telecommunications device; or
(b) anything else that:
(i) allows a particular mobile telecommunications account to be identified; and
(ii) is prescribed by the regulations as an account identifier for the purposes of this Part.
Note: Paragraph (a)—This would include a SIM card.
AFP Minister means the Minister administering the Australian Federal Police Act 1979.
agricultural land means land in Australia that is used for a primary production business. For the purposes of this definition, it is immaterial:
(a) whether a part of the land is used for residential purposes; or
(b) whether a part of the land is used for a business that is not a primary production business.
ASIO officer means:
(a) the Director‑General of Security; or
(b) an ASIO employee (within the meaning of the Australian Security Intelligence Organisation Act 1979); or
(c) an ASIO affiliate (within the meaning of that Act).
Australian hosting service provider has the same meaning as in the Online Safety Act 2021.
carriage service provider has the same meaning as in the Telecommunications Act 1997.
Note: See also section 474.3 respecting persons who are taken to be carriage service providers in relation to certain matters.
carrier has the same meaning as in the Telecommunications Act 1997.
Note: See also section 474.3 respecting persons who are taken to be carriers in relation to certain matters.
carry includes transmit, switch and receive.
child abuse material means:
(a) material that depicts a person, or a representation of a person, who:
(i) is, or appears to be, under 18 years of age; and
(ii) is, or appears to be, a victim of torture, cruelty or physical abuse;
and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(b) material that describes a person who:
(i) is, or is implied to be, under 18 years of age; and
(ii) is, or is implied to be, a victim of torture, cruelty or physical abuse;
and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(c) material that depicts a person, or a representation of a person, who is, or appears to be, under 18 years of age and who:
(i) is engaged in, or appears to be engaged in, a sexual pose or sexual activity (whether or not in the presence of other persons); or
(ii) is in the presence of a person who is engaged in, or appears to be engaged in, a sexual pose or sexual activity;
and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(d) material the dominant characteristic of which is the depiction, for a sexual purpose, of:
(i) a sexual organ or the anal region of a person who is, or appears to be, under 18 years of age; or
(ii) a representation of such a sexual organ or anal region; or
(iii) the breasts, or a representation of the breasts, of a female person who is, or appears to be, under 18 years of age;
in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(e) material that describes a person who is, or is implied to be, under 18 years of age and who:
(i) is engaged in, or is implied to be engaged in, a sexual pose or sexual activity (whether or not in the presence of other persons); or
(ii) is in the presence of a person who is engaged in, or is implied to be engaged in, a sexual pose or sexual activity;
and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(f) material that describes:
(i) a sexual organ or the anal region of a person who is, or is implied to be, under 18 years of age; or
(ii) the breasts of a female person who is, or is implied to be, under 18 years of age;
and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
(g) material that is a doll or other object that resembles:
(i) a person who is, or appears to be, under 18 years of age; or
(ii) a part of the body of such a person;
if a reasonable person would consider it likely that the material is intended to be used by a person to simulate sexual intercourse.
communication in the course of telecommunications carriage means a communication that is being carried by a carrier or carriage service provider, and includes a communication that has been collected or received by a carrier or carriage service provider for carriage, but has not yet been delivered by the carrier or carriage service provider.
connected, in relation to a telecommunications network, includes connection otherwise than by means of physical contact (for example, a connection by means of radiocommunication).
control of data, or material that is in the form of data, has the meaning given by section 473.2.
Crown land means land that is the property of:
(a) the Commonwealth, a State or a Territory; or
(b) a statutory authority;
but does not include land that is subject to a lease to a person other than:
(c) the Commonwealth, a State or a Territory; or
(d) a statutory authority.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
depict includes contain data from which a visual image (whether still or moving) can be generated.
describe includes contain data from which text or sounds can be generated.
emergency call person has the same meaning as in the Telecommunications Act 1997.
emergency service number has the same meaning as in the Telecommunications Act 1997.
emergency service organisation has the same meaning as in section 147 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
facility has the same meaning as in the Telecommunications Act 1997.
forestry means:
(a) planting or tending trees in a plantation or forest that are intended to be felled; or
(b) felling trees in a plantation or forest.
intelligence or security officer means an officer or employee of:
(a) the Australian Security Intelligence Organisation; or
(b) the Australian Secret Intelligence Service; or
(ba) the Australian Signals Directorate; or
(c) the Office of National Intelligence; or
(e) that part of the Defence Department known as the Defence Intelligence Organisation;