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COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - SECT 113

Amendment of s 228E (Defences for ss 228A–228DC)

113 Amendment of s 228E (Defences for ss 228A–228DC)

(1) Section 228E(3)—
omit, insert—
(3) It is a defence for the person to prove that, at the time of the alleged offence—
(a) the material that is alleged to be child exploitation material was subject to a conditional cultural exemption in relation to a relevant showing; and
(b) the person engaged in the conduct that is alleged to constitute the offence for the purpose of the relevant showing.
(2) Section 228E(4), ‘(3)(b)(i)’—
omit, insert—
(3) (b)
(3) Section 228E(8)—
omit, insert—
(8) In this section—

"certificate" means a certificate under the Commonwealth Classification Act , section 25 or 87.

"relevant showing" has the meaning given by the Commonwealth Classification Act , sections 6C and 6E.

"subject to a conditional cultural exemption" has the meaning given by the Commonwealth Classification Act , section 5.



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