Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_14:p3
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 3/8)
Character Range: 58150–60896

impossible.
 (3) It is not an offence to attempt to commit an offence against subsection (1).

471.21  Defences in respect of child abuse material
 (1) A person is not criminally responsible for an offence against section 471.19 (using a postal or similar service for child abuse material) or 471.20 (possessing etc. child abuse material for use through a postal or similar service) because of engaging in particular conduct if the conduct:
 (a) is of public benefit; and
 (b) does not extend beyond what is of public benefit.
In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person's motives in engaging in the conduct are irrelevant.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
 (2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:
 (a) enforcing a law of the Commonwealth, a State or a Territory; or
 (b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or
 (c) the administration of justice; or
 (d) conducting scientific, medical or educational research that has been approved by the Minister in writing for the purposes of this section.
 (3) A person is not criminally responsible for an offence against section 471.19 (using a postal or similar service for child abuse material) or 471.20 (possessing etc. child abuse material for use through a postal or similar service) if:
 (a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of his or her duties; and
 (b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

471.22  Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people
 (1) A person commits an offence against this section if:
 (a) the person commits an offence against one or more of the following provisions on 3 or more separate occasions:
 (i) section 471.16 (using a postal or similar service for child pornography material);
 (ii) section 471.17 (possessing etc. child pornography material for use through a postal or similar service);
 (iii) section 471.19 (using a postal or similar service for child abuse material);
 (iv) section 471.20 (possessing etc. child abuse material for use through a postal or similar service); and
 (b) the commission of each such offence involves 2 or