Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision D - Offences relating to use of carriage service for child abuse material  

SECTION 474.24   Defences in respect of child abuse material  

(1)    


A person is not criminally responsible for an offence against section 474.22 , 474.22A , 474.23 or 474.23A 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, nor 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 474.22 , 474.22A , 474.23 or 474.23A 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) .


(4)    


A person is not criminally responsible for an offence against section 474.22 , 474.22A , 474.23 or 474.23A if the person engages in the conduct in good faith for the sole purpose of:

(a)    

assisting the eSafety Commissioner to perform the functions, or exercise the powers, conferred on the eSafety Commissioner by Part 9 of the Online Safety Act 2021 ; or

(b)    

manufacturing or developing, or updating, content filtering technology (including software) in accordance with:

(i) an industry code registered under Division 7 of Part 9 of the Online Safety Act 2021 ; or

(ii) an industry standard registered under Division 7 of Part 9 of the Online Safety Act 2021 .


 

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