Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p17
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 17/24)
Character Range: 48273–51134

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 474.19 (using a carriage service for child pornography material) or 474.20 (possessing etc. child pornography material for use through a carriage 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).

 (4) A person is not criminally responsible for an offence against section 474.19 (using a carriage service for child pornography material) or 474.20 (possessing etc. child pornography material for use through a carriage service) if the person engages in the conduct in good faith for the sole purpose of:
 (a) assisting the Australian Broadcasting Authority to detect:
 (i) prohibited content (within the meaning of Schedule 5 to the Broadcasting Services Act 1992); or
 (ii) potential prohibited content (within the meaning of that Schedule);
  in the performance of the Authority's functions under that Schedule; or
 (b) manufacturing or developing, or updating, content filtering technology (including software) in accordance with:
 (i) a recognised alternative access‑prevention arrangement (within the meaning of clause 40 of Schedule 5 to the Broadcasting Services Act 1992); or
 (ii) a designated alternative access‑prevention arrangement (within the meaning of clause 60 of that Schedule).

Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

474.22  Using a carriage service for child abuse material

 (1) A person is guilty of an offence if:
 (a) the person:
 (i) uses a carriage service to access material; or
 (ii) uses a carriage service to cause material to be transmitted to the person; or
 (iii) uses a carriage service to transmit material; or
 (iv) uses a carriage service to make material available; or
 (v) uses a carriage service to publish or otherwise distribute material; and
 (b) the material is child abuse material.

Penalty: Imprisonment for 10 years.

 (2) To avoid doubt, the following are