125AInterpretation

125A Interpretation animal sexual abuse or animal crush material means material: (a) that depicts, describes or represents: (i) a person sexually involved with an animal; or (ii) an animal being crushed, burned, drowned, suffocated, impaled or otherwise killed or subjected to serious injury or torture; and (b) that a reasonable adult would regard in all the circumstances as being intended or apparently intended to: (i) excite or gratify a sexual interest; or (ii) excite or gratify a sadistic or other perverted interest in violence or cruelty. article includes any thing: (a) that contains or embodies matter to be read or looked at; (b) that is to be looked at; (c) that is a record; or (d) that can be used, either alone or as one of a set, for the production or manufacture of any thing referred to in paragraphs (a), (b) or (c), but does not include: (e) a film that is classified (other than as RC) under the Commonwealth Act; (f) a publication that is classified Unrestricted, Category 1 restricted or Category 2 restricted under the Commonwealth Act; (g) a computer game that is classified (other than as RC) under the Commonwealth Act; or Criminal Code Act 1983 120 (h) a film, publication or computer game that is the subject of an exemption under Part 10 of the Classification of Publications, child abuse material means material that depicts, describes or represents, in a manner that is likely to cause offence to a reasonable adult, a person who is a child or who appears to be a child: (a) engaging in sexual activity; (b) in a sexual, offensive or demeaning context; or (c) being subjected to torture, cruelty or abuse, but does not include: (d) a film, publication or computer game that is classified (other than as RC) under the Commonwealth Act; or (e) a film, publication or computer game that is the subject of an exemption under Part X of the Classification of Publications, Classification Board means the Classification Board established under the Commonwealth Act. classified means classified under the Commonwealth Act. Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cth). computer game, film and publication have the same meaning as in the Commonwealth Act. indecent article means an article that: (a) promotes crime or violence, or incites or instructs in matters of crime or violence; or (b) depicts, describes or represents, in a manner that is likely to cause offence to a reasonable adult: (i) the use of violence or coercion to compel a person to participate in, or submit to, sexual conduct; or (ii) sexual conduct with or on the body of a dead person; or (iii) the use of urine or excrement in association with degrading or dehumanising conduct or sexual conduct; or Criminal Code Act 1983 121 (iv) a person sexually involved with an animal; or (v) acts of torture or the infliction of extreme violence or extreme cruelty; or (vi) a person (whether or not engaged in sexual activity) who is a child who has not attained the age of 16 years or who looks like a child who has not attained that age. law enforcement agency has the same meaning as in the Criminal Records (Spent Convictions) Act 1992. person includes part of a person. pornographic or abusive performance means any performance by a person: (a) engaging in sexual activity; (b) in a sexual, offensive or demeaning context; or (c) being subject to torture, cruelty or abuse, that is likely to cause offence to a reasonable adult. publish includes: (a) distribute, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell, offer for sale, let on hire or offer to let on hire; (b) have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a); or (c) print, photograph or make in any other manner (whether of the same or of a different kind or nature): for the purpose of doing such an act. record means a gramophone record or a wire or tape, or a film, and any other thing of the same or of a different kind or nature, on which is recorded a sound or picture and from which, with the aid of a suitable apparatus, the sound or picture can be produced (whether or not it is in a distorted or altered form). sell has the same meaning as in the Classification of Publications, senior rank means a rank of or above the rank of Commander. Criminal Code Act 1983 122 (2) A reference in this Division to a classification in relation to a film, publication or computer game is a reference to its classification (or, as the case may be, that it is unclassified) under the Commonwealth Act. (3) For this Division, the phrase material that depicts, describes or represents includes material that contains data from which text, visual images or sound can be generated. 125AB Child abuse material, animal sexual abuse or animal crush material and related articles may be destroyed (1) This section applies if any of the following things are seized by a police officer: (a) child abuse material or animal sexual abuse or animal crush material; (b) an article that contains child abuse material or animal sexual abuse or animal crush material; (c) an article that a police officer of a senior rank reasonably believes contains child abuse material or animal sexual abuse or animal crush material. (2) A police officer of a senior rank may authorise the forfeiture and destruction by a police officer of the thing. (3) Subsection (2) applies whether or not a person has been charged, or is to be charged with an offence in relation to the thing. (4) The thing may be destroyed at the place at which it was forfeited or at any other place that a police officer of a senior rank thinks fit. (5) If the operation of this section would, apart from this subsection, result in an acquisition of property from a person otherwise than on just terms: (a) the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and (b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms. Criminal Code Act 1983 123 125AC Article containing child abuse material or animal sexual abuse or animal crush material may be returned (1) If an article that contains, or is believed to contain, child abuse material or animal sexual abuse or animal crush material is forfeited by a police officer under section 125AB, a police officer of a senior rank may authorise a police officer to return the article to the owner of the article. (2) The authorisation must not be given unless the police officer of a senior rank is satisfied the child abuse material or animal sexual abuse or animal crush material has been removed from the article.