NEW SOUTH WALES CHILD PORNOGRAPHY LEGISLATION

The amendment of Commonwealth child pornography laws in 2004 coincided with changes at the Australian State and Territory levels. In New South Wales, child pornography offenses were transferred from subsection 578B and C of the Crimes Act 1901 (the Act) to a new section 91H. New provisions were introduced, the main purpose of which was to increase maximum penalties for these crimes.

The following questions have been addressed in this article:

How is a child defined under NSW legislation?
Why does the definition of a child also include persons ‘apparently’ under 16?
How does the 2004 definition of child pornography differ from the previous definition?

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