Document ID: chunk:federal_register_of_legislation:C2025C00155:section:233bab:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 233BAB (pt 1/3)
Character Range: 1522535–1525101

233BAB  Special offence relating to tier 2 goods
 (1) The regulations may provide that:
 (a) specified firearms, munitions and military warfare items of any kind including combat vests and body armour; and
 (b) specified knives, daggers and other like goods; and
 (c) specified chemical compounds; and
 (d) specified anti‑personnel sprays and gases; and
 (e) specified fissionable or radioactive substances; and
 (f) specified human body tissue; and
 (g) specified human body fluids; and
 (h) items of child abuse material; and
 (i) counterfeit credit, debit and charge cards; and
 (j) other specified goods;
constitute tier 2 goods.
 (2) The regulations must not specify an item for the purposes of subsection (1) unless:
 (a) its importation is prohibited, either absolutely or on condition, by the Customs (Prohibited Imports) Regulations; or
 (b) its exportation is prohibited, either absolutely or on condition, by the Customs (Prohibited Exports) Regulations.
 (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 all the circumstances, offensive; or
 (b) that describes a person who:
 (i) is, or is implied to be, under 18 years of age; and
 (ii) is, or is implied to be, a victim of torture, cruelty or physical abuse;
  and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
 (c) 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
 (d) 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