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Using a carriage service for child abuse material is an offence under section 474.22 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 15 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A carriage service’ is:
‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’ which includes telephone calls, text messages and internet transmissions.
‘Child abuse material’ is that which depicts a person, or a representation of a person, who is, or appears to be, in a way that reasonable persons would regard as offensive:
Or:
Material that describes a person who is, or is implied to be, in a way that reasonable persons would regard as offensive:
Or:
Material that depicts a person, or a representation of a person who is, or appears to be, in a way that reasonable persons would regard as offensive:
Or:
Material whose dominant characteristic is the depiction, for a sexual purpose, in a way that reasonable persons would regard as offensive:
Or:
Material that describes in a way that reasonable persons would regard as offensive.
A person who is, or is implied to be, under 18 years of age and who is:
Or:
Material that describes in a way that reasonable persons would regard as offensive.
Or:
Material that is a doll or other object intended to be used to simulate sexual intercourse that resembles:
You are not guilty of the offence if you are able to establish ‘on the balance of probabilities’ that your conduct:
Your conduct was of public interest if, and only if, it was necessary for or of assistance in:
Your motives are irrelevant for determining whether your conduct was of public interest.
You are not criminally responsible for your conduct if:
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