Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

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

SECTION 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 .