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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) ENFORCEMENT ACT 1995 - SECT 74B

Defence to offences in respect of child exploitation material

(1)  In any proceedings for an offence against this Part, it is a defence to prove that –
(a) the material to which the offence relates was classified (whether before or after the commission of the alleged offence) under the Commonwealth Act, other than as refused classification (RC); or
(b) the defendant engaged in the conduct that is alleged to constitute the offence for a genuine child protection, scientific, medical, legal, artistic or public benefit purpose and the defendant's conduct was, in the circumstances, reasonable for that purpose; or
(c) the defendant was a police officer acting in the course of his or her official duties and the defendant's conduct was reasonable, in the circumstances, for the performance of the duties; or
(d) the defendant was acting in the course of his or her official duties in connection with the classification of the material concerned under the Commonwealth Act; or
(e) at the time the alleged offence was committed the defendant had reasonable grounds to believe that the material to which the offence relates was not child exploitation material.
(2)  In any proceedings for an offence against section 72A , 73 or 74A , it is also a defence to prove that the material to which the offence relates depicts sexual activity between the defendant and a person under the age of 18 years that is not an unlawful sexual act.
(3)  In any proceedings for an offence against section 74A(a) , it is also a defence to prove that the material to which the offence relates came into the defendant's possession unsolicited and, as soon as the defendant became aware that it was child exploitation material, he or she took reasonable steps to dispose of that material.
(4)  For the purposes of subsection (1)  –
police officer includes –
(a) a member of the Australian Federal Police; and
(b) a member of the police force or service of another State or a Territory of the Commonwealth;
unlawful sexual act means an act that constitutes an offence under section 124 , 125B , 126 , 127 , 127A , 133 or 185 of the Criminal Code .


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