Criminal Code Act 1995
Section 3
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES Division 273A - Possession of child like sex dolls etc.
View history note
Hide history noteA 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 .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
