(ii) did not extend beyond what
was of public benefit,
(c) the defendant was, at the time of the offence, a
law enforcement officer acting in the course of the defendant's duties and the
conduct of the defendant was reasonable in the circumstances for the purpose
of performing the duty,
(e) the conduct
engaged in by the defendant was necessary for or of assistance in conducting
scientific, medical or educational research approved, authorised or otherwise
permitted under a law of the State or of another State, a Territory or the
Commonwealth,
(f) for an offence involving possession of
bestiality or animal crush material, but without limiting the defences
above--the material came into the defendant's possession unsolicited and the
defendant, as soon as the defendant became aware of its nature, took
reasonable steps to get rid of it.
(4) Conduct is of public benefit for
subsection (3)(b) only if the conduct is necessary for or of assistance in--
(a) enforcing or administering a law of the State or of another State, a
Territory or the Commonwealth, or
(b) monitoring compliance with, or
investigating a contravention of, a law of the State, or of another State, a
Territory or the Commonwealth, or
(c) the administration of justice.
(5) The
question of whether a person's conduct is of public benefit is a question of
fact and the person's motives for engaging in the conduct are irrelevant.
(6)
In this section--
"bestiality or animal crush material" means material that--
(a) depicts or
describes--
(i) bestiality, or
(ii) an animal being crushed, burned, drowned,
suffocated, impaled or otherwise killed or subjected to serious injury, and
(b) is material that a reasonable person would regard in all the circumstances
as being intended or apparently intended to--
(i) excite or gratify a sexual
interest, or
(ii) excite or gratify a sadistic or other perverted interest in
violence or cruelty.