Criminal Code Act 1995
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.5 - Postal services Division 470 - Preliminary SECTION 470.4 Meaning of expressions used in Subdivision B and C of Division 471 (1)Subject to subsections (2) and (3), an expression used in Subdivision B or C of Division 471 that is defined in Part 10.6 has the same meaning in that Subdivision as it has in that Part.
Note:
One of those expressions is child abuse material .
View history note
Hide history note(2)
A reference in Subdivision B or C of Division 471 to a person having possession or control of material includes a reference to the person:
(a) having possession of a computer or data storage device that holds or contains the material; or
(b) having possession of a document in which the material is recorded; or
(c) having control of material held in a computer that is in the possession of another person (whether inside or outside Australia).
(3)
A reference in Subdivision B or C of Division 471 to a person producing, supplying or obtaining material includes a reference to the person:
(a) producing, supplying or obtaining material held or contained in a computer or data storage device; or
(b) producing, supplying or obtaining a document in which the material is recorded.
(4)
Section 473.4 applies in relation to Subdivisions B and C of Division 471 as if the reference in that section to Part 10.6 were a reference to those Subdivisions.
Note:
Section 473.4 sets out matters that may be taken into account in deciding whether particular material is offensive.
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