Criminal Code Act 1995

Schedule - The Criminal Code  

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  

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.

Penalty: Imprisonment for 7 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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