Criminal Code Act 1995
Schedule
-
The Criminal Code
SECTION 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.
(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:
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.5 - Postal services Division 471 - Postal offences Subdivision C - Offences relating to use of postal or similar service involving sexual activity with person under 16
View history note
Hide history noteA 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.
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