Animal sexual abuse or animal crush material
125DA Animal sexual abuse or animal crush material
A person commits an offence if:
(a) the person intentionally produces, sells, distributes or possesses, or offers or advertises for sale or distribution, material; and
(b) the material is animal sexual abuse or animal crush material and the person is reckless in relation to that circumstance.
Maximum penalty:
for an individual – imprisonment for 5 years; or
for a body corporate – 5 000 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant:
(a) is a member or officer of a law enforcement agency or a court who has animal sexual abuse or animal crush material in the member's or officer's possession in the exercise of a power or performance of a function conferred or imposed on the member or officer by or under an Act or law; or
(b) has animal sexual abuse or animal crush material in the defendant's possession in the exercise of a power, or performance of a function, relating to the classification of the material that is conferred or imposed on the defendant by or under an Act or law; or
(c) has animal sexual abuse or animal crush material in the defendant's possession for legitimate medical or health research purposes.
(3) In a prosecution of a person for an offence against subsection (1), each of the following is evidence that animal sexual abuse or animal crush material was in the person's possession:
(a) proof that the material was in or at a place of which the person was the occupier;
(b) proof that the material was in or at a place, the management or control of which the person was concerned in.
(4) Subsection (3) does not apply to a person if the person neither knew nor had reason to suspect that the animal sexual abuse or animal crush material was in or on that place.
(5) A court that finds a person guilty of an offence against subsection (1):
(a) may order the forfeiture and destruction of any animal sexual abuse or animal crush material in respect of which the offence was committed; and
(b) may order the forfeiture and destruction of any other articles seized at the same time as the animal sexual abuse or animal crush material in respect of which the offence was committed.
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