Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (72 of 2019)

Schedule 2   Possession of child-like sex dolls etc.

Criminal Code Act 1995

4   After Division 273 of the Criminal Code

Insert:

Division 273A - Possession of child-like sex dolls etc.

273A.1 Possession of child-like sex dolls etc.

A person commits an offence if:

(a) the person possesses a doll or otherobject; and

(b) the doll or otherobject resembles:

(i) a person who is, or appears to be, under 18 years of age; or

(ii) a part of the body of such a person; and

(c) a reasonable person would consider it likely that the doll or otherobject is intended to be used by a person to simulate sexual intercourse.

Penalty: Imprisonment for 15 years.

273A.2 Defences

(1) A person is not criminally responsible for an offence against this Division because of engaging in particular conduct if the conduct:

(a) is of public benefit; and

(b) does not extend beyond what is of public benefit.

In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person's motives in engaging in the conduct are irrelevant.

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

(2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in:

(a) enforcing a law of the Commonwealth, a State or a Territory; or

(b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or

(c) the administration of justice; or

(d) conducting scientific, medical or educational research that has been approved by the AFP Minister in writing for the purposes of this section.

(3) A person is not criminally responsible for an offence against this Division if:

(a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of the officer's duties; and

(b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

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

(4) An expression used in this section that is defined in Part 10.6 has the same meaning in this section as it has in that Part.

Note: These expressions include AFP Minister , intelligence or security officer and law enforcement officer .

273A.3 Saving of other laws

This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.