Criminal Code Act 1995

Subject to subsections (2) and (3), an expression used in this Division that is defined in Part 10.6 has the same meaning in this Division as it has in that Part.

One of those expressions is child abuse material.

A reference in this Division to a person having possession or control of material includes a reference to the person:

having possession of a computer or data storage device that holds or contains the material; or

having possession of a document in which the material is recorded; or

having control of material held in a computer that is in the possession of another person (whether inside or outside Australia).

A reference in this Division to a person producing, distributing or obtaining material includes a reference to the person:

producing, distributing or obtaining material held or contained in a computer or data storage device; or

producing, distributing or obtaining a document in which the material is recorded.

Section 473.4 applies in relation to this Division as if the reference in that section to Part 10.6 were a reference to this Division.

Section 473.4 sets out matters that may be taken into account in deciding whether particular material is offensive.