Australian Capital Territory Current Acts

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Possessing child exploitation material

    (1)     A person commits an offence if—

        (a)     the person intentionally possesses pornography; and

        (b)     the pornography is child exploitation material.

Maximum penalty:

        (a)     for an aggravated offence—900 penalty units, imprisonment for 9 years or both; or

        (b)     in any other case—700 penalty units, imprisonment for 7 years or both.

Note     Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.

    (2)     Absolute liability applies to subsection (1) (b).

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant had no reasonable grounds for suspecting that the pornography concerned was child exploitation material.

    (4)     In this section:

"child exploitation material"—see section 64  (5).

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