South Australian Current Acts South Australian Current Acts63C—Material to which Division relates
(1) In determining
whether material to which a charge of an offence relates is of a pornographic
nature, the circumstances of its production and its use or intended use may be
taken into account but no such circumstance can deprive material that is
inherently pornographic of that character.
(2) No offence is
committed against this Division (other than an offence against
section 63AB(7)) by reason of the production, dissemination or possession
of, or dealing with, material in good faith and for the advancement or
dissemination of legal, medical or scientific knowledge.
(2a) No offence is
committed against this Division (other than an offence against
section 63AB(7)) by reason of the production, dissemination or possession
of, or dealing with, material in good faith by—
(a) a
police officer or other law enforcement officer acting in the course of his or
her duties; or
(b) any
other person acting in the course of his or her duties in the administration
of the criminal justice system.
(2b) No offence is
committed against this Division (other than an offence against
section 63AB(7)) by reason of the production, dissemination or possession
of, or dealing with, material in good faith by a person acting reasonably for
the purpose of providing genuine child protection or legal advice.
(3) No offence is
committed against this Division (other than an offence against
section 63AB(7)) by reason of the production, dissemination or possession
of, or dealing with, material that constitutes, or forms part of, a work of
artistic merit if, having regard to the artistic nature and purposes of the
work as a whole, there is no undue emphasis on aspects of the work that might
otherwise be considered to be of a pornographic nature.
(4) No offence is
committed against this Division (other than an offence against
section 63AB(7)) by reason of—
(a) the
possession or dissemination of, or dealing with, a publication, film or
computer game that has been classified under the Classification
(Publications, Films and Computer Games) Act 1995 (unless it is
classified as a publication for which classification is refused (RC)); or
(b) the
possession of a publication, film or computer game for the purposes of
obtaining a classification under that Act.