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Using a postal or similar service to send indecent material to a person under the age of 16 years is an offence under section 471.26 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Indecent’ is assessed according to the standards of ordinary people and is determined by the trier of fact, whether that be the jury, judge or magistrate.
Duress is a defence to the charge.
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