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Using a Postal or Similar Service to Send Indecent Material to a Person Under the Age of 16 Years

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:

  1. You were at least 18 years of age
  2. You caused an article to be carried by a postal or similar service
  3. The article was, or contained material that was, indecent, and
  4. The recipient was, or you believed him or her to be, under the age of 16 years.

‘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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