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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8D) - Child abuse material
(2)For the purposes of subsection (1)(b), material that is of public benefit includes material that is for a genuine medical, legal, scientific or educational purpose.
1 A is a university lecturer in psychology. During a lecture on abnormal psychology, A shows a lecture slide with examples of textual child abuse material to illustrate the type of material associated with an abnormal psychological profile. The lecture slide is of public benefit. 2 A is a photojournalist in a war zone. A takes a photo of a child victim of torture and submits it to a news organisation for publication. The photo is of public benefit.
(3)A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection
(1)(a)(ii) or (b).
1The reference to A in this section is a reference to the same A referred to in the child abuse material offence provisions.
2An evidential burden applies to the matter referred to in subsection (1)(a)(i).