Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_24:p1
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 24 (pt 1/2)
Character Range: 70711–73061

24  Subsections 233BAB(3) and (4)
Repeal the subsections, substitute:

 (3) For the purposes of subsection (1) an item is taken to be an item of child pornography if it is a document or other goods:
 (a) that depicts a person, or a representation of a person, who is, or appears to be, under 18 years of age and who:
 (i) is engaged in, or appears 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 appears 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
 (b) the dominant characteristic of which is the depiction, for a sexual purpose, of:
 (i) a sexual organ or the anal region of a person who is, or appears to be, under 18 years of age; or
 (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
 (c) 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
 (d) 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.

 (4) For the purposes of subsection (1), an item is taken to be an item of child abuse material if it is a document or other goods:
 (a) that depicts a person, or a representation of a person, who:
 (i) is, or appears to be, under 18 years of age; and
 (ii) is, or appears to be, a victim of torture, cruelty or physical abuse;
  and does this in a way that reasonable persons would regard as being, in