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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law Consolidation (Child Pornography) Amendment
Bill 2010
A BILL FOR
An Act to amend the Criminal Law Consolidation
Act 1935.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Criminal Law Consolidation
Act 1935
3 Amendment of section
62—Interpretation
4 Amendment of section 63B—Procuring child to
commit indecent act etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law Consolidation (Child
Pornography) Amendment Act 2010.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
3—Amendment of
section 62—Interpretation
(1) Section 62, definition of child—delete the
definition
(2) Section 62, definition of child pornography,
(a)(i)—after "child" insert:
under, or apparently under, the age of 18 years
(3) Section 62, definition of child pornography,
(a)(ii)—delete "of a child or bodily parts of a child (or what appears to
be the image of a child or bodily parts of a child) or in the production of
which" and substitute:
of (or what appears to be the image of) a child under, or apparently under,
the age of 18 years, or of the bodily parts of such a child, or in the
production of which such
4—Amendment of
section 63B—Procuring child to commit indecent act
etc
(1) Section 63B(1)(a)—delete "by a child of an indecent act" and
substitute:
of an indecent act by a child under the age of 17 years
(2) Section 63B(1)(b)(i)—after "child" insert:
under the age of 17 years
(3) Section 63B(1)(b)(ii)—after "child" insert:
under the age of 18 years
(4) Section 63B(3)(a)—after "child" wherever occurring
insert:
under the age of 17 years
(5) Section 63B(3)(b)—after "child" insert:
under the age of 17 years
(6) Section 63B—after subsection (3) insert:
(4) It is a defence to a charge under subsection (1)(a), (b)(i) or (3) to
prove that—
(a) the child was, on the date on which the offence is alleged to have
been committed, of or above the age of 16 years; and
(b) the accused—
(i) was, on the date on which the offence is alleged to have been
committed, under the age of 17 years; or
(ii) believed on reasonable grounds that the child was of or above the age
of 17 years.
(5) This section does not apply if the person and the child are legally
married to each other.