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This is a Bill, not an Act. For current law, see the Acts databases.
CRIMINAL CODE AMENDMENT (SUICIDE RELATED MATERIAL OFFENCES) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Criminal Code Amendment (Suicide
Related Material Offences) Bill 2005
No. , 2005
(Justice and Customs)
A Bill for an Act to amend the Criminal Code Act
1995, and for related purposes
i Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Suicide related material offences
3
Criminal Code Act 1995
3
Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 No. , 2005 1
A Bill for an Act to amend the Criminal Code Act
1
1995, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Criminal Code Amendment (Suicide
5
Related Material Offences) Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 No. ,
2005
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
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Suicide related material offences Schedule 1
Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 No. , 2005
3
1
Schedule 1--Suicide related material offences
2
3
Criminal Code Act 1995
4
1 After section 474.29 of the Criminal Code
5
Insert:
6
474.29A Using a carriage service for suicide related material
7
(1) A person is guilty of an offence if:
8
(a) the person:
9
(i) uses a carriage service to access material; or
10
(ii) uses a carriage service to cause material to be
11
transmitted to the person; or
12
(iii) uses a carriage service to transmit material; or
13
(iv) uses a carriage service to make material available; or
14
(v) uses a carriage service to publish or otherwise distribute
15
material; and
16
(b) the material directly or indirectly counsels or incites suicide;
17
and
18
(c) the person:
19
(i) intends to use the material to counsel or incite suicide;
20
or
21
(ii) intends that the material be used by another person to
22
counsel or incite suicide.
23
Penalty: 1,000 penalty units.
24
(2) A person is guilty of an offence if:
25
(a) the person:
26
(i) uses a carriage service to access material; or
27
(ii) uses a carriage service to cause material to be
28
transmitted to the person; or
29
(iii) uses a carriage service to transmit material; or
30
(iv) uses a carriage service to make material available; or
31
(v) uses a carriage service to publish or otherwise distribute
32
material; and
33
(b) the material directly or indirectly:
34
Schedule 1 Suicide related material offences
4 Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 No. ,
2005
(i) promotes a particular method of committing suicide; or
1
(ii) provides instruction on a particular method of
2
committing suicide; and
3
(c) the person:
4
(i) intends to use the material to promote that method of
5
committing suicide or provide instruction on that
6
method of committing suicide; or
7
(ii) intends that the material be used by another person to
8
promote that method of committing suicide or provide
9
instruction on that method of committing suicide; or
10
(iii) intends the material to be used by another person to
11
commit suicide.
12
Penalty: 1,000 penalty units.
13
(3) To avoid doubt, a person is not guilty of an offence against
14
subsection (1) merely because the person uses a carriage service to:
15
(a) engage in public discussion or debate about euthanasia or
16
suicide; or
17
(b) advocate reform of the law relating to euthanasia or suicide;
18
if the person does not:
19
(c) intend to use the material concerned to counsel or incite
20
suicide; or
21
(d) intend that the material concerned be used by another person
22
to counsel or incite suicide.
23
(4) To avoid doubt, a person is not guilty of an offence against
24
subsection (2) merely because the person uses a carriage service to:
25
(a) engage in public discussion or debate about euthanasia or
26
suicide; or
27
(b) advocate reform of the law relating to euthanasia or suicide;
28
if the person does not:
29
(c) intend to use the material concerned to promote a method of
30
committing suicide or provide instruction on a method of
31
committing suicide; or
32
(d) intend that the material concerned be used by another person
33
to promote a method of committing suicide or provide
34
instruction on a method of committing suicide; or
35
(e) intend the material concerned to be used by another person to
36
commit suicide.
37
Suicide related material offences Schedule 1
Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 No. , 2005
5
474.29B Possessing, controlling, producing, supplying or obtaining
1
suicide related material for use through a carriage service
2
(1) A person is guilty of an offence if:
3
(a) the person:
4
(i) has possession or control of material; or
5
(ii) produces, supplies or obtains material; and
6
(b) the material directly or indirectly:
7
(i) counsels or incites suicide; or
8
(ii) promotes a particular method of committing suicide; or
9
(iii) provides instruction on a particular method of
10
committing suicide; and
11
(c) the person has that possession or control, or engages in that
12
production, supply or obtaining, with the intention that the
13
material be used:
14
(i) by that person; or
15
(ii) by another person;
16
in committing an offence against section 474.29A (using a
17
carriage service for suicide related material).
18
Penalty: 1,000 penalty units.
19
(2) A person may be found guilty of an offence against subsection (1)
20
even if committing the offence against section 474.29A (using a
21
carriage service for suicide related material) is impossible.
22
(3) It is not an offence to attempt to commit an offence against
23
subsection (1).
24