Crimes (Amendment) Act (No 4) 1991 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Crimes (Amendment) Act (No. 4) 1991

No. 120 of 1991

An Act to amend the Crimes Act, 1900 of the State of New South Wales in its application in the Territory

[Notified in ACT Gazette S162: 10 January  1992]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Short title

1.  This Act may be cited as the Crimes (Amendment) Act (No. 4) 1991.

Crimes Act

2. In this Act, “the Crimes Act” means the Crimes Act 1900, of the State of New South Wales in its application in the Territory.

Interpretation

3.  Clause 4 of the Principal Act is amended by inserting the following definition:

“ ‘X-Film’ has the same meaning as in the Publications Control Act 1989.”.

Insertion

4. After section 92NA of the Crimes Act the following section is inserted:

Possession of child pornography

“92NB.  (1)  A person who knowlingly has in his or her possession a film, photograph, drawing, audio tape, video tape or any other thing depicting or otherwise representing a young person engaged in, or in the presence of another person engaged in, an act of a sexual nature, being a depiction or representation that would offend a reasonable adult person, is guilty of an offence punishable, on conviction, by imprisonment for 5 years.

“(2)  It is a defence to a prosecution for an offence against subsection (1) that the defendant reasonably believed that the person depicted or otherwise represented as a young person was not under the age of 16 years.

“(3)  In this section—

‘young person’ means a person who is under the age of 16 years.”.

[Presentation speech made in Assembly on 16 October 1991]

©  Australian Capital Territory 1991