Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

51O Defence—image of oneself

(1)It is a defence to a charge for an offence against section 51B(1), 51C(1), 51G(1) or 51H(1) if—

(a)the child abuse material is an image; and

(b)the image depicts A as a child; and

(c)the image does not depict A committing a criminal offence punishable by imprisonment; and

(d)A does not distribute the image to any other person.

(2)In subsection (1) a reference to an image, in relation to an offence against section 51B(1), is a reference to the image that A involves the child in producing.

(3)A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(b).

1References to A in this section are references to the same A referred to in sections 51B, 51C, 51G and 51H.

2An evidential burden applies to the matters referred to in subsection (1)(a), (c) and (d).

3Sections 51M(1) or (2) or 51N may apply if A is a child.