Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

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—
(a) the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and
(b) the person’s conduct was, in the circumstances, reasonable for that purpose.
Example—
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—
(a) the material that is alleged to be child exploitation material was subject to a conditional cultural exemption in relation to a relevant showing; and
(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.
(6) For subsection (5) , the material may have been classified before, or may be classified after, the offence is alleged to have been committed.
(7) A 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 section—

"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 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback