Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision HA - Offences relating to use of carriage service for violent extremist material  

SECTION 474.45D   Defences in respect of violent extremist material  

(1)    
Subsection 474.45B(1) or 474.45C(1) does not apply to engaging in conduct in relation to material if:

(a)    the conduct is necessary for enforcing a law of:

(i) the Commonwealth; or

(ii) a State; or

(iii) a Territory; or

(iv) a foreign country; or

(v) a part of a foreign country; or

(b)    the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:

(i) the Commonwealth; or

(ii) a State; or

(iii) a Territory; or

(iv) a foreign country; or

(v) a part of a foreign country; or

(c)    the conduct is for the purposes of proceedings in a court or tribunal; or

(d)    both:

(i) the conduct is necessary for, or of assistance in, conducting scientific, medical, academic or historical research; and

(ii) the conduct is reasonable in the circumstances for the purpose of conducting that scientific, medical, academic or historical research; or

(e)    the material relates to a news report, or a current affairs report, that:

(i) is in the public interest; and

(ii) is made by a person working in a professional journalistic capacity; or

(f)    both:

(i) the conduct is in connection with the performance by a public official of the official ' s duties or functions; and

(ii) the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or

(g)    both:

(i) the conduct is in connection with an individual assisting a public official in relation to the performance of the public official ' s duties or functions; and

(ii) the conduct is reasonable in the circumstances for the purpose of the individual assisting the public official in relation to the performance of the public official ' s duties or functions; or

(h)    the conduct is for the purpose of advocating the lawful procurement of a change to any matter established by law, policy or practice in:

(i) the Commonwealth; or

(ii) a State; or

(iii) a Territory; or

(iv) a foreign country; or

(v) a part of a foreign country;

and the conduct is reasonable in the circumstances for that purpose; or

(i)    the conduct relates to the development, performance, exhibition or distribution, in good faith, of an artistic work.

Note:

A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) ).

Functions

(2)    
The references in this section to function or functions do not, by implication, affect the meaning of the expressions duty or duties when used in any other provision of this Code.