Criminal Code Act 1995

Subject to subsections (2) and (3), an expression used in Subdivision B or C of Division 471 that is defined in Part 10.6 has the same meaning in that Subdivision as it has in that Part.

One of those expressions is child abuse material.

A reference in Subdivision B or C of Division 471 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 Subdivision B or C of Division 471 to a person producing, supplying or obtaining material includes a reference to the person:

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

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

Section 473.4 applies in relation to Subdivisions B and C of Division 471 as if the reference in that section to Part 10.6 were a reference to those Subdivisions.

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