(1) Innocent production, dissemination or possession It is a defence in
proceedings for an offence against section 91H that the defendant did not
know, and could not reasonably be expected to have known, that he or she
produced, disseminated or possessed (as the case requires)
child abuse material.
(1A) Reasonable steps to prevent dealing with
child abuse material It is a defence in proceedings for an offence against
section 91HAA that the defendant, on becoming aware that the digital platform
was being used to deal with child abuse material, took all reasonable steps in
the circumstances to prevent other persons from being able to use the digital
platform to accesschild abuse material.
(2) It is a defence in proceedings
for an offence against section 91H not involving the production or
dissemination of child abuse material that the material concerned came into
the defendant's possession unsolicited and the defendant, as soon as he or she
became aware of its nature, took reasonable steps to get rid of it.
(b) did not extend beyond what was
of public benefit.
(4) Conduct is of public benefit if, and 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.
(8) Approved
research It is a defence in proceedings for an offence against section 91G,
91H, 91HAA, 91HAB or 91HAC that the conduct engaged in by the defendant--
(a)
was necessary for or of assistance in conducting scientific, medical or
educational research that has been approved by the Attorney General in writing
for the purposes of this section, and
(b) did not contravene any conditions
of that approval.
(9) Person producing, disseminating or possessing
depictions of himself or herself It is a defence in proceedings for an offence
against section 91H of possessing child abuse material if the only person
depicted in the material is the accusedperson.
(10) It is a defence in
proceedings for an offence against section 91H of producing or disseminating
child abuse material if--
(a) the production or dissemination of the material
occurred when the accusedperson was under the age of 18 years, and
(12) The onus of proving under subsection (9) or (10) that material
depicts the accusedperson and no other person lies with the accusedperson on
the balance of probabilities.