130EDefences in relation to child exploitation material

130E Defences in relation to child exploitation material

[Section 130E Amended by No. 29 of 2005, s. 4, Applied:01 Aug 2005]

(1)  It is a defence to a charge under section 130 , 130A , 130B , 130C or 130D to prove that –

(a) the material which is the subject of the charge was classified (whether before or after the commission of the alleged offence) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, other than as refused classification (RC); or

(b) the accused person engaged in the conduct that is alleged to constitute the offence for a genuine child protection, scientific, medical, legal, artistic or public benefit purpose and the accused person's conduct was, in the circumstances, reasonable for that purpose; or

(c) the accused person was a police officer acting in the course of his or her official duties and the accused person's conduct was reasonable, in the circumstances, for the performance of the duties; or

(d) the accused person was acting in the course of his or her official duties in connection with the classification of the material which is the subject of the charge under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.

(2)  It is also a defence to a charge under section 130 , 130A , 130C or 130D to prove that the material which is the subject of the charge depicts sexual activity between the accused person and a person under the age of 18 years that is not an unlawful sexual act.

(3)  It is also a defence to a charge under section 130C to prove that –

(a) the material which is the subject of the charge came into the accused person's possession unsolicited; and

(b) as soon as the accused person became aware that it was child exploitation material, he or she took reasonable steps to dispose of that material.