Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 228E
Defences for ss 228A–228DC
228E Defences for ss 228A–228DC
(1) Subsections (2) , (3) and (5) prescribe defences available to a person
charged with an offence against section 228A , 228B , 228C , 228D , 228DA ,
228DB or 228DC .
(2) It is a defence for the person to prove that—
person engaged in the conduct that is alleged to constitute the offence for a
genuine artistic, educational, legal, medical, scientific or public benefit
(b) the person’s conduct was, in the circumstances, reasonable
for that purpose.
a current affairs television program
showing children being tortured during a civil war
(3) It is a defence for
the person to prove that, at the time of the alleged offence—
material that is alleged to be child exploitation material was
subject to a conditional cultural exemption in relation to a relevant showing;
(b) the person engaged in the conduct that is alleged to constitute the
offence for the purpose of the relevant showing.
(4) Whether conduct was
engaged in for a purpose mentioned in subsection (2) (a) or (3) (b) is a
question of fact.
(5) It is a defence for the person to prove that the
material alleged to be child exploitation material is a computer game, film or
publication that is classified as something other than RC.
subsection (5) , the material may have been classified before, or may be
classified after, the offence is alleged to have been committed.
certificate that states any of the following facts is evidence of that fact—
(a) whether a stated computer game, film or publication has been classified;
(b) if a stated computer game, film or publication has been classified—the
classification given to the computer game, film or publication.
(8) In this
"certificate" means a certificate under the Commonwealth Classification Act ,
section 25 or 87 .
"relevant showing" has the meaning given by the Commonwealth Classification
Act , sections 6C and 6E .
"subject to a conditional cultural exemption" has the meaning given by the
Commonwealth Classification Act , section 5 .
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