Possessing child exploitation material
65 Possessing child exploitation material
A person commits an offence if—
the person intentionally possesses pornography; and
the pornography is child exploitation material.
Maximum penalty:
for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or
in any other case—700 penalty units, imprisonment for 7 years or both.
Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Absolute liability applies to subsection (1) (b).
It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant had no reasonable grounds for suspecting that the pornography concerned was child exploitation material.
In this section:
child exploitation material—see section 64 (5).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.