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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Criminal
Code Amendment (Suicide Related Material Offences) Bill
2004
No. ,
2004
(Justice and
Customs)
A Bill for an Act to amend the
Criminal Code Act 1995, and for related purposes
Contents
Criminal Code Act
1995 3
A Bill for an Act to amend the Criminal Code Act
1995, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Criminal Code Amendment (Suicide Related
Material Offences) Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
On the day after the end of the period of 6 months beginning on the day on
which this Act receives the Royal Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 After section 474.29 of the Criminal
Code
Insert:
(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 suicide;
and
(c) the person:
(i) intends to use the material to counsel or incite suicide; or
(ii) intends that the material be used by another person to counsel or
incite 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.
(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 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 promotion material) is impossible.
(3) It is not an offence to attempt to commit an offence against
subsection (1).