4. After section 92NA of the Crimes Act the following section is inserted:
“92NB. (1) A person who knowlingly has in his or her possession a film, photograph, drawing, audio tape, video tape or any other thing depicting or otherwise representing a young person engaged in, or in the presence of another person engaged in, an act of a sexual nature, being a depiction or representation that would offend a reasonable adult person, is guilty of an offence punishable, on conviction, by imprisonment for 5 years.
“(2) It is a defence to a prosecution for an offence against subsection (1) that the defendant reasonably believed that the person depicted or otherwise represented as a young person was not under the age of 16 years.
“(3) In this section—
‘young person' means a person who is under the age of 16 years.”.
[Presentation speech made in Assembly on 16 October 1991]
© Australian Capital Territory 2003