Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.5 - Postal services  

Division 470 - Preliminary  

SECTION 470.4   Meaning of expressions used in Subdivision B and C of Division 471  

(1)  
Subject to subsections (2) and (3), an expression used in Subdivision B or C of Division 471 that is defined in Part 10.6 has the same meaning in that Subdivision as it has in that Part.

Note:

These expressions include child abuse material and child pornography material .

(2)  
A reference in Subdivision B or C of Division 471 to a person having possession or control of material includes a reference to the person:


(a) having possession of a computer or data storage device that holds or contains the material; or


(b) having possession of a document in which the material is recorded; or


(c) having control of material held in a computer that is in the possession of another person (whether inside or outside Australia).

(3)  
A reference in Subdivision B or C of Division 471 to a person producing, supplying or obtaining material includes a reference to the person:


(a) producing, supplying or obtaining material held or contained in a computer or data storage device; or


(b) producing, supplying or obtaining a document in which the material is recorded.

(4)  
Section 473.4 applies in relation to Subdivisions B and C of Division 471 as if the reference in that section to Part 10.6 were a reference to those Subdivisions.

Note:

Section 473.4 sets out matters that may be taken into account in deciding whether particular material is offensive.




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