Document ID: chunk:federal_register_of_legislation:C2010A00042:clause:1_14:p2
Version: federal_register_of_legislation:C2010A00042
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 2/8)
Character Range: 55667–58394

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 471.16 (using a postal or similar service for child pornography material) or 471.17 (possessing etc. child pornography material for use through a postal or similar 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).

471.19  Using a postal or similar service for child abuse material
 (1) A person commits an offence if:
 (a) the person causes an article to be carried by a postal or similar service; and
 (b) the article is, or contains, child abuse material.
Penalty: Imprisonment for 15 years.
 (2) A person commits an offence if:
 (a) the person requests another person to cause an article to be carried by a postal or similar service; and
 (b) the article is, or contains, child abuse material.
Penalty: Imprisonment for 15 years.

471.20  Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service
 (1) A person commits an offence if:
 (a) the person:
 (i) has possession or control of material; or
 (ii) produces, supplies or obtains material; and
 (b) the material is child abuse material; and
 (c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:
 (i) by that person; or
 (ii) by another person;
  in committing an offence against section 471.19 (using a postal or similar service for child abuse material).
Penalty: Imprisonment for 15 years.
 (2) A person may be found guilty of an offence against subsection (1) even if committing the offence against section 471.19 (using a postal or similar service for child abuse material) is impossible.
 (3) It is not an offence to attempt to commit an offence against subsection (1).

471.21  Defences in respect of child abuse material
 (1) A person is not criminally responsible for an offence against section 471.19 (using a postal