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Criminal Code Act 1983
125DUsing child for production of child abuse material or
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125D Using child for production of child abuse material or
pornographic or abusive performance
(a) the person intentionally uses, offers or procures another
person for the production of material or for a performance; and
(b) the other person is a child, or a person who appears to be a
child, and the person is reckless in relation to that
(c) the material is child abuse material, or the performance is a
pornographic or abusive performance, and the person is
reckless in relation to that circumstance.
(a) for an individual – imprisonment for 14 years; or
(b) for a body corporate – 15 000 penalty units.
Criminal Code Act 1983 126
125DA Animal sexual abuse or animal crush material
(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.
(a) for an individual – imprisonment for 5 years; or
(b) for a body corporate – 5 000 penalty units.
(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.
Criminal Code Act 1983 127
(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.