Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_14:p1
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 1/8)
Character Range: 53103–55895

14  At the end of Division 471 of the Criminal Code
Add:

Subdivision B—Offences relating to use of postal or similar service for child pornography material or child abuse material

471.16  Using a postal or similar service for child pornography material
 (1) A person commits an offence if:
 (a) the person causes an article to be carried by a postal or similar service; and
 (b) the article is, or contains, child pornography material.
Penalty: Imprisonment for 15 years.
 (2) A person commits an offence if:
 (a) the person requests another person to cause an article to be carried by a postal or similar service; and
 (b) the article is, or contains, child pornography material.
Penalty: Imprisonment for 15 years.

471.17  Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service
 (1) A person commits an offence if:
 (a) the person:
 (i) has possession or control of material; or
 (ii) produces, supplies or obtains material; and
 (b) the material is child pornography material; and
 (c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:
 (i) by that person; or
 (ii) by another person;
  in committing an offence against section 471.16 (using a postal or similar service for child pornography material).
Penalty: Imprisonment for 15 years.
 (2) A person may be found guilty of an offence against subsection (1) even if committing the offence against section 471.16 (using a postal or similar service for child pornography material) is impossible.
 (3) It is not an offence to attempt to commit an offence against subsection (1).

471.18  Defences in respect of child pornography material
 (1) A person is not criminally responsible for an offence against section 471.16 (using a postal or similar service for child pornography material) or 471.17 (possessing etc. child pornography 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