Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 228E

228E Defences for ss 228A–228DC

(1) Subsections (2) , (3) and (5) prescribe defences available to a person charged with an offence against section 228A , 228B , 228C , 228D , 228DA , 228DB or 228DC .

(2) It is a defence for the person to prove that—

(a) the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal, medical, scientific or public benefit purpose; and

(b) the person’s conduct was, in the circumstances, reasonable for that purpose.

Example—

a current affairs television program showing children being tortured during a civil war

(3) It is a defence for the person to prove that, at the time of the alleged offence—

(a) the material that is alleged to be child exploitation material was subject to a conditional cultural exemption in relation to a relevant showing; and

(b) the person engaged in the conduct that is alleged to constitute the offence for the purpose of the relevant showing.

(4) Whether conduct was engaged in for a purpose mentioned in subsection (2) (a) or (3) (b) is a question of fact.

(5) It is a defence for the person to prove that the material alleged to be child exploitation material is a computer game, film or publication that is classified as something other than RC.

(6) For subsection (5) , the material may have been classified before, or may be classified after, the offence is alleged to have been committed.

(7) A certificate that states any of the following facts is evidence of that fact—

(a) whether a stated computer game, film or publication has been classified;

(b) if a stated computer game, film or publication has been classified—the classification given to the computer game, film or publication.

(8) In this section—

"certificate" means a certificate under the Commonwealth Classification Act , section 25 or 87 .

"relevant showing" has the meaning given by the Commonwealth Classification Act , sections 6C and 6E .

"subject to a conditional cultural exemption" has the meaning given by the Commonwealth Classification Act , section 5 .