Document ID: chunk:federal_register_of_legislation:C2025C00155:section:233bab:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 233BAB (pt 2/3)
Character Range: 1524898–1527418

(ii) a representation of such a sexual organ or anal region; or
 (iii) the breasts, or a representation of the breasts, of a female person who is, or appears to be, under 18 years of age;
  in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
 (e) that describes a person who is, or is implied to be, under 18 years of age and who:
 (i) is engaged in, or is implied to be engaged in, a sexual pose or sexual activity (whether or not in the presence of other persons); or
 (ii) is in the presence of a person who is engaged in, or is implied to be engaged in, a sexual pose or sexual activity;
  and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
 (f) that describes:
 (i) a sexual organ or the anal region of a person who is, or is implied to be, under 18 years of age; or
 (ii) the breasts of a female person who is, or is implied to be, under 18 years of age;
  and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
 (g) that is a doll or other object that resembles:
 (i) a person who is, or appears to be, under 18 years of age; or
 (ii) a part of the body of such a person;
  if a reasonable person would consider it likely that the doll or other object is intended to be used by a person to simulate sexual intercourse (within the meaning of the Criminal Code).
 (4A) The matters to be taken into account in deciding for the purposes of subsection (4) whether reasonable persons would regard a particular document or other goods as being, in all the circumstances, offensive, include:
 (a) the standards of morality, decency and propriety generally accepted by reasonable adults; and
 (b) the literary, artistic or educational merit (if any) of the material; and
 (c) the general character of the material (including whether it is of a medical, legal or scientific character).
 (5) A person commits an offence against this subsection if:
 (a) the person intentionally imported goods; and
 (b) the goods were tier 2 goods and the person was reckless as to that fact; and
 (c) their importation:
 (i) was prohibited under this Act absolutely; or
 (ii) was prohibited under this Act unless the approval of a particular person had been obtained and, at the time of the importation, that approval had not been obtained.
Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.
 (5A) Subject to subsection (5B), absolute liability applies to paragraph