Criminal Code Amendment (Suicide Related Material Offences) Act 2005

Administered by Attorney-General's Department

Legislation au C2005A00092 In force Act

Legislation content

 

 

 

 

 

 

Criminal Code Amendment (Suicide Related Material Offences) Act 2005

 

No. 92, 2005

 

 

 

 

 

An Act to amend the Criminal Code Act 1995, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Suicide related material offences

Criminal Code Act 1995

 

 

 

Criminal Code Amendment (Suicide Related Material Offences) Act 2005

No. 92, 2005

 

 

 

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 6 July 2005]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Criminal Code Amendment (Suicide Related Material Offences) Act 2005.

2  Commencement

 (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.

6 July 2005

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.

6 January 2006

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.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


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).

 [Minister’s second reading speech made in—

House of Representatives on 10 March 2005

Senate on 12 May 2005]

(7/05)

 

Overview

The Criminal Code Amendment (Suicide Related Material Offences) Act 2005 was enacted by the Parliament of Australia to address the problem of online content that facilitates or encourages suicide. This Act amends the Criminal Code Act 1995 to introduce new offences related to the use of carriage services, such as the internet, for material that counsels, incites, promotes, or provides instructions on suicide methods. The policy objective behind this legislation is to curb the accessibility and dissemination of harmful content that could potentially lead individuals to commit suicide. The Act imposes penalties of up to 1,000 penalty units for those found guilty of these offences, with exceptions for activities such as public debate or advocating for legal reform, provided they do not include intentions to counsel or incite suicide. The Act commenced on 6 July 2005, with the schedule coming into effect on 6 January 2006.

Scope and Application

The Criminal Code Amendment (Suicide Related Material Offences) Act 2005 amends the Criminal Code Act 1995 to introduce new offences related to suicide-related material accessed, transmitted, made available, published, or distributed through carriage services. This Act applies to any person, regardless of nationality, who uses a carriage service within Australia to access, transmit, make available, publish, or distribute material that directly or indirectly counsels, incites, promotes, or provides instruction on committing or attempting to commit suicide, with the requisite intent. The Act applies to both individuals and corporate entities, covering a broad range of industries and conduct involving digital communications. Geographically, the Act has a national reach, applying across all states and territories of Australia. The Act does not specify any exclusions or exemptions, but it does provide clear exceptions for activities such as public discussion or debate about euthanasia or suicide, and advocacy for legal reform, provided there is no intent to use the material to counsel or incite suicide. The application of the Act can be further extended or restricted through subordinate instruments, although the primary Act itself does not outline such provisions.

Key Provisions

The Criminal Code Amendment (Suicide Related Material Offences) Act 2005 amends the Criminal Code Act 1995 to introduce new provisions related to suicide-related material. Specifically, the Act introduces offences related to using a carriage service for suicide-related material, and possessing, controlling, producing, supplying, or obtaining such material for use through a carriage service. The new provisions are set out in section 474.29A and section 474.29B of the Criminal Code Act 1995, and come into effect on 6 January 2006. Section 474.29A creates an offence for using a carriage service to access, transmit, make available, publish, or distribute material that directly or indirectly counsels or incites committing or attempting to commit suicide, or promotes a particular method of committing suicide, or provides instruction on a particular method of committing suicide, with the intention of using or enabling another person to use the material for these purposes. However, engaging in public discussion or debate about euthanasia or suicide, or advocating reform of the law relating to euthanasia or suicide, is not an offence under this section if the person does not intend to use the material to counsel or incite committing or attempting to commit suicide, or promote a method of committing suicide or provide instruction on that method. Section 474.29B creates an offence for possessing, controlling, producing, supplying, or obtaining material that directly or indirectly counsels or incites committing or attempting to commit suicide, or promotes a particular method of committing suicide, or provides instruction on a particular method of committing suicide, with the intention of using or enabling another person to use the material for committing an offence under section 474.29A. It is not an offence to attempt to commit an offence under this section. The Act imposes obligations on individuals and entities that use carriage services to access, transmit, make available, publish, or distribute material, or possess, control, produce, supply, or obtain material. These obligations include ensuring that the material does not directly or indirectly counsel or incite committing or attempting to commit suicide, or promote a particular method of committing suicide, or provide instruction on that method, and that the material is not intended to be used by another person for these purposes. Breach of the provisions in section 474.29A or section 474.29B of the Criminal Code Act 1995 is an offence punishable by a penalty of 1,000 penalty units. The maximum penalty for an individual offender is 5,500 penalty units, and for an organisational offender is 27,500 penalty units. A penalty unit is currently equivalent to $220. In addition to the criminal penalties, individuals or entities found in breach of the provisions may also be subject to civil or administrative consequences, such as fines or injunctions.

Legal classification tags

Area of Law
Criminal Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Prohibited Conduct
Penalties & Sentences

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.