South Australian Consolidated Acts South Australian Consolidated Acts63C—Pornographic nature of material
(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 by reason of the production, dissemination or
possession of material in good faith and for the advancement or dissemination
of legal, medical or scientific knowledge.
(3) No offence is
committed against this Division by reason of the production, dissemination or
possession of 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 pornographic.
(4) No offence is
committed against this Division by reason of—
(a) the
possession or dissemination of 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.