Criminal Code Act 1899

Subsections (2), (3) and (5) prescribe defences available to a person charged with an offence against section 228A, 228B, 228C, 228D, 228DA, 228DB or 228DC.

It is a defence for the person to prove that—

the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and

the person’s conduct was, in the circumstances, reasonable for that purpose.

It is a defence for the person to prove that, at the time of the alleged offence—

the material that is alleged to be child exploitation material was subject to a conditional cultural exemption in relation to a relevant showing; and

the person engaged in the conduct that is alleged to constitute the offence for the purpose of the relevant showing.

Whether conduct was engaged in for a purpose mentioned in subsection (2)(a) or (3)(b) is a question of fact.

It is a defence for the person to prove that the material alleged to be child exploitation material is a computer game, film or publication that is classified as something other than RC.

For subsection (5), the material may have been classified before, or may be classified after, the offence is alleged to have been committed.

A certificate that states any of the following facts is evidence of that fact—

whether a stated computer game, film or publication has been classified;

if a stated computer game, film or publication has been classified—the classification given to the computer game, film or publication.

In this section—certificate means a certificate under the Commonwealth Classification Act, section 25 or 87.relevant showing has the meaning given by the Commonwealth Classification Act, sections 6C and 6E.subject to a conditional cultural exemption has the meaning given by the Commonwealth Classification Act, section 5. sch 1 pt 4 ch 22 s 228E ins 2005 No. 9 s 6