outside Victoria, would not constitute an offence. Note References to A, B and C in this section are references to the same A, B and C referred to in sections 49A, 49D, 49E, 49F, 49G, 49H, 49I, 49K, 49L, 49Q, 49R and 49S. (8C) Incest 50A Definitions In this Subdivision— in relation to a person, means— (a) the person's child by birth; or (b) the person's genetic child; or (c) the person's child by operation of the Adoption Act 1984; or (d) the person's by operation of the Status of Children Act 1974; half-sibling, in relation to a person, means a person who shares a common parent with the person; lineal ancestor, in relation to a person, a lineal ancestor of the person's parent; lineal descendant, in relation to a person, means a lineal descendant of the person's child; parent, in relation to a person, means— (a) the person's birth parent; or (b) the person's genetic parent; or (c) the person's parent by operation of the Adoption Act 1984; or
(b) reasonable persons regard as being, in the circumstances, offensive; child abuse material disposal order means an order made under section 51X(1); child abuse material offence means an offence against a provision of this Subdivision; classified means classified under the Commonwealth Act; Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth; deal, in relation to child abuse material, includes any of the following— (a) viewing, uploading or downloading child abuse material; (b) making abuse material available for viewing, uploading or downloading; (c) facilitating the viewing, uploading or downloading of child abuse material; electronic material includes data from which text, images or sound may be generated; encourage includes suggest, request, urge and demand; law enforcement agency means—
(ii) A reasonably believed that B consented to the conduct constituting the offence. subsection (1) a reference to an image, in relation to an offence against section 51B(1), is a reference to the image that A involves the child in producing. the purposes of subsection (1)(e), the reference to the time at the image was first made does not include a reference to any later time at which a copy, reproduction or alteration of the image is made. bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(f)(ii). Notes 1 References to A and B in this section are references to the same A and B referred to in sections 51B, 51C, 51D, 51G and 51H. 2 An evidential burden applies to the matters referred to in subsection (1)(a), (b), (c), (d), (e) and (f)(i). 3 See section 36 for the meaning of consent. 51R Defence—reasonable belief in marriage or domestic partnership is a defence to a charge for an offence against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if— child abuse material is an image; and image is child abuse material because of its depiction of another person (B); and
or disposed of in a manner determined by the court and specified in the order. Note A child abuse material disposal order that relates to a seized thing that is child abuse material results in forfeiture of the seized thing. A child abuse material disposal order that relates to electronic material that is contained in a seized thing results in forfeiture of the electronic material only. court may only make a child abuse material disposal order— satisfied, on the balance of probabilities, that— (i) the seized thing is, or the electronic material contained in the seized thing includes, child abuse material; and (ii) the return to a person of the seized thing, or of the electronic material contained in the seized thing, may result in the commission of a child abuse material offence; or satisfied, on the balance of probabilities, that— (i) the seized thing contains encrypted or password protected electronic material; and (ii) there are reasonable grounds to believe that the electronic material includes child abuse material. court has power to give any direction necessary to give effect to a child abuse material disposal order made by it.
pornography) or 70AAAD(1) (assisting a person to avoid apprehension) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 1 December 2015 by section 6 of the Crimes Amendment (Child Pornography and Other Matters) Act 2015 and repealed by section 18 of the Crimes Amendment (Sexual Offences) Act 2016; or"; paragraph (d), for "53, 55, 57 or 59" substitute "45(1), 46(1), 47(1), 50C(1) or 50D(1)". 39 Evidence (Miscellaneous Provisions) Act 1958 In section 3(1) of the Evidence (Miscellaneous Provisions) Act 1958, the definition of sexual offence is repealed. 40 Judicial Proceedings Reports Act 1958 In section 4(1) of the Judicial Proceedings Reports Act 1958, in the definition of sexual offence, for "(8D) or (8E)" substitute "(8E), (8F) or (8FA)". 41 Sentencing Act 1991 (1) In the definition of serious offence in section 3(1) of the Sentencing Act 1991— paragraph (c)(v) substitute— 50C(1) (sexual penetration of a child or lineal descendant), 50D(1) (sexual penetration of a step-child) or 50F(1) (sexual penetration of a sibling or half-sibling) in circumstances other than where both people are aged 18 or
impairment or mental illness within the meaning of Subdivision (8E)". (3) For items 1 and 1A of Schedule 1 to the Sex Offenders Registration Act 2004 substitute— "1 An offence against a provision of Subdivisions (8A) to (8FA) of Division 1 of Part I of the Crimes Act 1958 that involves sexual penetration where the person against whom the offence is committed is a child.". (4) For items 2 and 3 of Schedule 1 to the Sex Offenders Registration Act 2004 substitute— "2 An offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16). 3 An offence against section 49S(1) of the Crimes Act 1958 (facilitating a sexual offence against a child). 4 An offence against section 47A(1) of the Crimes Act 1958 (persistent sexual of child under the age of 16) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016. 5 An offence against section 49A(1) of the Crimes Act 1958 (facilitating sexual offences against children) inserted in the Crimes Act 1958 on 13 June 1995 by section 93 of the Sex Work Act 1994 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016.".