The word 'depict' in s 233BAB(3) of the Customs Act 1901 (Cth) includes written descriptions of child pornography, not merely pictorial representations, and 'person' in that provision extends to fictional characters. The prohibition on importation of child pornography does not infringe the implied constitutional freedom of political communication because such material is not part of legitimate political discourse, and even where a publication contains some political advocacy alongside child pornography, the prohibition is reasonably appropriate and adapted to the legitimate end of protecting children. For offences under s 233BAB(5), the prosecution must prove the accused knew or suspected the material was child pornography (in the sense of knowing its factual characteristics), but need not prove knowledge of the statutory definition or that the material fell within it. A trial judge's misstatement of the accused's evidence on a matter the jury considered important, bearing on the mental element of the offence, may constitute a miscarriage of justice even where the judge directed the jury that interpretation was a matter for them.
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