223Protection from criminal proceedings—Commissioner, Classification Board etc.

223 Protection from criminal proceedings—Commissioner, Classification Board etc.

(1) For the purposes of this section, each of the following is a protected person: (a) the Commissioner; (aa) a member of an advisory committee established under section 183A; (b) a member of the staff of the ACMA; (c) an officer or employee whose services are made available to the ACMA under paragraph 55(1)(a) of the Australian Communications and Media Authority Act 2005; (d) a person engaged under subsection 185(1); (e) a consultant engaged under section 187; (f) a member or temporary member of the Classification Board; (g) a member of staff assisting the Classification Board as mentioned in section 88A of the Classification (Publications, Films and Computer Games) Act 1995; (h) a consultant engaged to assist in the performance of the functions of the Classification Board. (2) Criminal proceedings do not lie against a protected person for or in relation to: (a) the collection of material; or (b) the possession of material; or (c) the distribution of material; or (d) the delivery of material; or (e) the copying of material; or (f) the doing of any other thing in relation to material; in connection with the exercise of a power, or the performance of a function, conferred on the Commissioner or the Classification Board by or under this Act. (3) For the purposes of this section, possession includes have in custody or control.