The definition of 'child pornography material' in s.473.1(c) of the Criminal Code 1995 (Cth) is not confined to descriptions of sexual activity expressed in the present tense; it encompasses present descriptions of past, present and future sexual activity. The words 'is engaged in' refer to the state of the thing described rather than a description of an action occurring at a specific point in time. A person who transmits text describing sexual activity they wish to engage in with a child in the future transmits 'child pornography material' within the statutory definition.
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