Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_12
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 51517–53009

12  At the end of Division 470 of the Criminal Code
Add:

470.4  Meaning of expressions used in Subdivisions B and C of Division 471
 (1) Subject to subsections (2) and (3), an expression used in Subdivision B or C of Division 471 that is defined in Part 10.6 has the same meaning in that Subdivision as it has in that Part.
Note: These expressions include child abuse material and child pornography material.
 (2) A reference in Subdivision B or C of Division 471 to a person having possession or control of material includes a reference to the person:
 (a) having possession of a computer or data storage device that holds or contains the material; or
 (b) having possession of a document in which the material is recorded; or
 (c) having control of material held in a computer that is in the possession of another person (whether inside or outside Australia).
 (3) A reference in Subdivision B or C of Division 471 to a person producing, supplying or obtaining material includes a reference to the person:
 (a) producing, supplying or obtaining material held or contained in a computer or data storage device; or
 (b) producing, supplying or obtaining a document in which the material is recorded.
 (4) Section 473.4 applies in relation to Subdivisions B and C of Division 471 as if the reference in that section to Part 10.6 were a reference to those Subdivisions.
Note: Section 473.4 sets out matters that may be taken into account in deciding whether particular material is offensive.