What the Law states - Production of child pornography

Crimes Act 1958 - SECT 68

Production of child pornography

68. Production of child pornography

(1) A person who prints or otherwise makes or produces child pornography is guilty of an indictable offence punishable on conviction by level 5 imprisonment (10 years maximum).

(1A) It is a defence to a prosecution for an offence against subsection (1) to prove, in the case of-

(a) a film; or

(b) a photograph contained in a publication; or

(c) a computer game-

that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+.

(2) Nothing in subsection (1) makes it an offence for-

(a) any member or officer of a law enforcement agency; or

(b) a person authorised in writing by the Chief Commissioner of Police assisting a member or officer; or

(c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting a member or officer-

to print or otherwise make or produce child pornography in the exercise or performance of a power, function or duty conferred or imposed on the member or officer by or under this or any other Act or at common law.