Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 228H

228H Possession etc. of child exploitation material by law enforcement officer

(1) A person is not criminally responsible for an offence against section 228B, 228C or 228D if—

(a) the person is, at the time of the offence, a classification officer or law enforcement officer acting in the course of the person's duties; and
(b) the person's conduct is reasonable in the circumstances for the performance of the duties.
Examples of conduct that may be reasonable for the performance of a law enforcement officer's duties—
copying child exploitation material for the purposes of preparing a brief for police prosecutors
supplying child exploitation material to a classification officer for classification or to the Office of the Director of Public Prosecutions for use during the prosecution of a person for an offence
keeping child exploitation material obtained during an investigation for legitimate intelligence purposes

(2) However, subsection (1) does not apply to the extent that the person's conduct consists of engaging in conduct or an activity that—

(a) is authorised under—
(i) the Police Powers and Responsibilities Act 2000, chapter 10 or 11; or
(ii) the Crime and Misconduct Act 2001, chapter 3, part 6A; or
(b) is otherwise directed to gaining evidence of the commission of an offence against a particular person.


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