125BProduction, possession etc. of child abuse material

125B Production, possession etc. of child abuse material (a) the person intentionally produces, sells, distributes or possesses, or offers or advertises for sale or distribution, material; and (b) the material is child abuse material and the person is reckless in relation to that circumstance. (a) for an individual – imprisonment for 10 years; or (b) for a body corporate – 10 000 penalty units. (a) is a member or officer of a law enforcement agency or a court who has child abuse 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 child abuse 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 child abuse material in the defendant's possession for legitimate medical or health research purposes. Criminal Code Act 1983 124 (3) In a prosecution of a person for an offence against subsection (1), each of the following is evidence that 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 material was in or on that place. (5) In proceedings for an offence against subsection (1), a Commonwealth evidentiary certificate is admissible in any court of competent jurisdiction and is evidence that the film, publication or computer game mentioned in the certificate is child abuse material. (6) A court that finds a person guilty of an offence against subsection (1): (a) must order the forfeiture and destruction of any child abuse 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 child abuse material in respect of which the offence was committed. Commonwealth evidentiary certificate means a certificate issued under section 87 of the Commonwealth Act that: (a) purports to be signed by the Director of the Classification Board or the Deputy Director of the Classification Board; and (b) states that a film, publication or computer game is classified RC on the basis that it describes or depicts, in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child (whether the person is engaged in sexual activity or not). Note for section 125B See also section 208JF. Criminal Code Act 1983 125