Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.5 - Postal services  

Division 471 - Postal offences  

Subdivision B - Offences relating to use of postal or similar service for child pornography material or child abuse material  

SECTION 471.18   Defences in respect of child pornography material  

(1)  
A person is not criminally responsible for an offence against section 471.16 (using a postal or similar service for child pornography material) or 471.17 (possessing etc child pornography material for use through a postal or similar service) because of engaging in particular conduct if the conduct:


(a) is of public benefit; and


(b) does not extend beyond what is of public benefit.

In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person ' s motives in engaging in the conduct are irrelevant.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) .

(2)  
For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:


(a) enforcing a law of the Commonwealth, a State or a Territory; or


(b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or


(c) the administration of justice; or


(d) conducting scientific, medical or educational research that has been approved by the AFP Minister in writing for the purposes of this section.

(3)  
A person is not criminally responsible for an offence against section 471.16 (using a postal or similar service for child pornography material) or 471.17 (possessing etc child pornography material for use through a postal or similar service) if:


(a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of his or her duties; and


(b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3) .




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