Australia
Sexting Laws in Australia: The Age Thresholds, Offences and Defences State by State
Independently fact-checked against primary sources (last audited August 19, 2026). · 17 primary sources cited on this page. How we verify our legal content
Sexting laws in Australia run through child exploitation material offences that use three different age thresholds across the states and territories, and only three of the eight, New South Wales, Victoria and Tasmania, give a young person any statutory defence for sharing a sexual image of themselves or a similarly aged partner.
Why the age threshold is not the same everywhere
Every Australian state and territory, and the Commonwealth, makes it an offence to produce, possess or share sexual material depicting a child. What counts as a "child" for that offence is not one number.
The Commonwealth Criminal Code, New South Wales, Victoria, Tasmania, the Northern Territory and the ACT all set the threshold at under 18. Queensland and Western Australia set it at under 16. South Australia sets it at under 17, the only jurisdiction that does.
South Australia's under-17 figure is not an isolated choice: the state's own age of consent for lawful sexual intercourse is also 17, the only Australian jurisdiction where it is not 16, and a neighbouring provision in the same part of the Criminal Law Consolidation Act sets the same age for a related offence. That internal consistency is offered as context, not as a confirmed statement of the drafters' intent.
Queensland's threshold carries an extra feature worth flagging: the offence turns on a person who is, or apparently is, under 16, so an apparent-age finding is independently enough. The prosecution does not have to prove the depicted person's real age.
The Northern Territory mostly uses under 18, chained through the Criminal Code's general definitions of "adult" (18 or over) and "child" (not an adult), but one narrower offence in the same part of the Code, publishing an indecent article, has a sub-limb that separately uses 16. Treating "the NT uses 18" as true for every offence in that part of the Code would be wrong about that one sub-limb.
Western Australia's Criminal Code sets the child exploitation material threshold at under 16, but a different Act, the one that governs sex offender registration, defines "child" (meaning the offender, not the depicted person) as under 18 for deciding who gets access to the more protective juvenile reporting process. The two numbers serve two different roles and are easy to conflate.
The Commonwealth layer: Criminal Code offences and the consent gate
Independently of any state offence, the Commonwealth Criminal Code reaches conduct carried out using a carriage service, in practice any conduct involving a phone or the internet.
Section 474.22 makes it an offence to access, transmit, make available, publish, distribute, advertise, promote or solicit child abuse material using a carriage service, punishable by up to 15 years' imprisonment. Sections 474.22A (possession) and 474.23 (possession or production with intent) carry the same 15-year maximum. Section 474.23A, aimed at anyone who creates, maintains or moderates an online service intending it be used to commit those offences, carries the highest base penalty in the group: up to 20 years. Section 474.24A, an aggravated offence for repeat conduct across three or more separate occasions involving two or more people, carries up to 30 years.
The material has to meet the "child abuse material" definition in section 473.1, which anchors every limb to a person who is, or appears to be, under 18, alongside a "reasonable persons... offensive" community-standards test in section 473.4. That test asks whether the material itself has redeeming literary, artistic, educational, medical, legal or scientific character. It is not a relationship or consent test, and it gives no foothold for a consensual, same-age sexting scenario.
Section 474.24 sets out the complete list of defences to these offences: a public-benefit purpose connected to law enforcement or the administration of justice, acting as a law enforcement or intelligence officer, or good-faith assistance to the eSafety Commissioner or content-filtering work. None of the three has an age, relationship or consent element, and none realistically covers two teenagers exchanging a photo they both agreed to.
The one Commonwealth-level provision that does turn on a young person's age is section 474.24C, and it is not a defence. It requires the Attorney-General's consent before proceedings for any of these offences can be commenced against a defendant who was under 18 at the time of the alleged conduct. A person can still be arrested, charged or remanded before that consent is obtained; the provision blocks the case from proceeding to prosecution without a specific ministerial-level check, it does not make the underlying conduct lawful.
eSafety Commissioner: four schemes, and the one that actually applies
The Online Safety Act 2021 gives the eSafety Commissioner four separate complaint and removal schemes, not the two, a child cyberbullying scheme and an adult scheme, that are sometimes assumed. A cyberbullying scheme covers material targeted at an Australian child; a separate adult cyber-abuse scheme covers material targeted at an Australian adult; an online content scheme covers illegal or Refused Classification content generally, which is the route that leads toward an AFP referral for outright child abuse material; and a fourth scheme, for non-consensual sharing of intimate images, carries no age restriction in its own statutory definitions at all.
For a sexting image involving a young person, the operative pathway is usually that fourth scheme, image-based abuse, because the harm being reported is a specific intimate image shared without consent, and the scheme covers that regardless of the depicted person's age. eSafety's own Report image-based abuse page states a parent or guardian can report on behalf of a child under 16; a 16 or 17 year old is expected to report themselves.
eSafety's own consumer guidance is blunt about the underlying legal risk. Its Sexting and sending nudes page tells young readers: that young people may be at risk of criminal charges even where both are young and both agreed That is eSafety's own plain-language acknowledgement that consent and a shared age do not neutralise the exposure described above.
For removal help, eSafety points people 18 or older to StopNCII.org, and people who were under 18 in the image to NCMEC's Take It Down tool, both hash-matching prevention services separate from eSafety's own statutory removal-notice power.
Adult sexting is lawful. Sharing it without consent is a different offence.
Everything above concerns material depicting a person under the relevant state's or the Commonwealth's child age threshold. Sexting between consenting adults, sending and keeping a sexual image with the other person's agreement, is lawful.
Sharing an adult's intimate image without consent is a distinct set of offences. The Commonwealth Criminal Code addresses it separately at sections 474.17A (up to 6 years, and expressly covering deepfakes) and 474.17AA (an aggravated version, up to 7 years), and every state and territory has its own non-consensual intimate-image law. The full state-by-state position, including which states also criminalise creating a non-consensual image and not just sharing it, is covered on the deepfake and intimate image laws page, which this page defers to rather than repeating.
Age threshold, offence, defence and registration, jurisdiction by jurisdiction
The table below summarises the position confirmed by primary sources for each jurisdiction. "Unverified" means the underlying government source could not be reached in this research, not that the answer is known to be no.
| Jurisdiction | Age threshold | Max penalty (core offence) | Young-person defence | Registration for a young offender |
|---|---|---|---|---|
| Commonwealth | Under 18 | 15 years (ss474.22-474.23); 20 years for platform-facilitation (s474.23A); 30 years aggravated (s474.24A) | No. s474.24C requires the Attorney-General's consent to prosecute an under-18 defendant, but is not a defence | Not addressed in this research; registration is a state and territory matter |
| New South Wales | Under 18 | 10 years (s91H, production, dissemination or possession); 10 to 20 years if another child is used in production, depending on age and aggravation (s91G) | Yes. Self-image (s91HA(9)-(10)) and peer-possession (s91HB); forwarding a peer's image to a third party is not covered | Unverified |
| Victoria | Under 18 | 10 years for any of ss51B-51H | Yes. Six provisions, ss51M-51R, with different scope; some cover distribution, some do not | Not automatic. A court order needs proof beyond reasonable doubt of ongoing risk (s11); the reporting period is halved if imposed (s35) |
| Queensland | Under 16 (actual or apparent) | 14 to 20 years depending on the offence, up to 25 years using a hidden network (ss228A-228D) | No | Unverified |
| Western Australia | Under 16 | 7 to 10 years depending on the offence (ss217-220) | No | Not automatic. A juvenile offender reporting order requires a court risk finding at sentencing (s14B) |
| South Australia | Under 17 (outlier) | 12 to 15 years depending on the offence (ss63, 63A) | No for these offences. A peer defence exists at s63B(4) but is scoped to a different offence, procuring a child | Not automatic. A registration order needs the prosecution's application and a risk finding (s9) |
| Tasmania | Under 18 | 21 years, the Code's default maximum, for any of ss130-130D | Narrow. s130E(2) covers production, possession and access only, not distribution, and requires the underlying activity to independently qualify for Tasmania's own close-in-age defence | Unverified |
| Northern Territory | Under 18 (one indecent-article sub-limb uses 16) | 10 to 14 years depending on the offence (ss125B, 125D) | No | Not automatic. Presumptively excluded by default (s11(1)(a)), but a court may still order it on a risk finding (s13) |
| ACT | Under 18 | 7 to 15 years depending on the offence, up to 19 years aggravated (ss64, 64A, 65) | No | Not automatic for a single simple-possession conviction (s9(1)(c)(i)); a broader discretionary court carve-out applies to any registrable offence (s9(3)-(4)); a shorter reporting period applies if registration is imposed |
What each state and territory covers, in more depth
New South Wales, Victoria and Tasmania each have real, if differently shaped, statutory protection for a young person's own image, and each is genuinely more complicated than a one-line summary. The other five states and territories have no statutory defence at all, so their pages focus on the offence, the penalty, and the registration position where it could be verified.
- New South Wales: a self-image defence and a peer-possession exception, with a real gap on forwarding a peer's own image to someone else.
- Victoria: the richest set of exceptions in the country, six separate provisions with different scope and different distribution limits.
- Tasmania: a narrow defence that covers production, possession and access, never distribution, and that also depends on the underlying activity independently qualifying for Tasmania's own close-in-age rule.
- Queensland: the lowest age threshold in the country and no statutory defence.
- Western Australia: the same low age threshold as Queensland and no statutory defence, but a genuinely protective juvenile registration process.
- South Australia: the outlier age threshold, and a peer defence that exists in the Criminal Law Consolidation Act but does not reach the child exploitation material offences.
- Northern Territory: under 18 for the core offence, with a separate under-16 sub-limb for a different offence that is easy to conflate with it.
- ACT: no statutory defence, but the most detailed statutory path off the register of any jurisdiction surveyed here.
Each of the eight pages also names the state's own non-consensual intimate-image offence and links back to the deepfake and intimate image laws page for the adult non-consent position, and covers doxxing and the social media minimum age rules only where relevant to how an image ends up circulating in the first place.
If police contact you or your child
What this page can say is what the sources above establish: a young person's own image can fall within a criminal offence in every jurisdiction covered here, a statutory defence exists in only three of the eight, and even where no defence applies, prosecutorial discretion and, where verified, a court's registration discretion still sit between an offence on the books and an actual conviction or a lifelong consequence.
If police want to speak to a young person about a sexting matter, the same rights that apply to any police contact in Australia apply here: the right to ask why they are being spoken to, the right to have a parent, guardian or support person present, and the right to get legal advice before answering questions. Our guide to police rights and cautions in Australia covers what those rights actually are, state by state, and is the page to read before, not after, a young person speaks to police about an image.
Frequently Asked Questions
Is sexting illegal in Australia?
It depends entirely on the ages involved. Sexting between consenting adults is lawful. Sexting that involves an image of a person under the relevant age threshold, which is under 18 under the Commonwealth Criminal Code and in most states, under 16 in Queensland and Western Australia, and under 17 in South Australia, can be a child exploitation material offence even where everyone involved agreed and is a similar age.
Can a teenager be charged for sending a nude photo of themselves?
On the text of most Australian laws, yes. Only New South Wales, Victoria and Tasmania have a statutory defence that can cover a young person's own image, and even those three cover different conduct: Tasmania's excludes sending the image to anyone. Queensland, Western Australia, South Australia, the Northern Territory and the ACT have no equivalent defence at all.
Does the two-year age gap rule apply across Australia?
No. The widely repeated two-year rule is a Victorian provision, not a national one, and even in Victoria it is only one of six separate exceptions. Victoria's s51N version only applies where the accused is also a child; separate Victorian provisions (ss51O to 51R) cover other situations with different distribution limits. No equivalent rule exists in Queensland, Western Australia, South Australia, the Northern Territory or the ACT.
Is forwarding someone else's nude photo to a friend a crime?
It can be, even in states with a self-image defence. In New South Wales, for example, the self-image and peer-possession provisions do not cover forwarding a peer's image to a third person, so that stays an offence under s91H regardless of the sender's own age.
Can a young person end up on the sex offender register for sexting?
In the jurisdictions where this was verified against primary sources, Victoria, South Australia, Western Australia, the Northern Territory and the ACT, registration for an offence committed as a child is not automatic; a court can order it only on a specific finding that the young person poses an ongoing risk. New South Wales, Queensland and Tasmania's registration position for a young offender was not verified in this research.
Where can a shared image be reported and removed?
The eSafety Commissioner's image-based abuse scheme is the usual pathway for a non-consensual intimate image, regardless of the depicted person's age. People 18 or older can also use StopNCII.org, and anyone who was under 18 in the image can use NCMEC's Take It Down tool.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Crimes Act 1900 (ACT)
s 64Using child for production of child exploitation material etcIn forcecited in 2 of our articles
(1) A person commits an offence if— (a) the person uses, offers or procures a child— (i) for the production of child exploitation material; or (ii) for a pornographic performance; and (b) the child is under 12 years old. Maximum penalty: (a) for an aggravated offence—1 900 penalty units, imprisonment for 19 years or both; or (b) in any other case—1 500 penalty units, imprisonment for 15 years or both. Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section. (2) Absolute liability applies to subsection (1) (b). (3) A person commits an offence if— (a) the person uses, offers or procures a child— (i) for the production of child exploitation material; or (ii) for a pornographic performance; and (b) the child is 12 years old or older. Maximum penalty: (a) for an aggravated offence—1 300 penalty units, imprisonment for 13 years or both; or (b) in any other case—1 000 penalty units, imprisonment for 10 years or both. Note Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.act.gov.au
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 4) (Federal Court of Australia 2021, [2021] FCA 1242)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Sexting Laws in the ACT: Age, Offences and the Sex Offender Register
Crimes Act 1900 (NSW)
s 91FADefinitionsIn forcecited in 2 of our articles
For the purposes of this Division—child means a person who is under the age of 18 years. child abuse material—see section 91FB. data includes—(a) information in any form, or (b) any program (or part of a program). deal, in relation to child abuse material, includes any of the following—(a) viewing, uploading or downloading child abuse material, (b) making child abuse material available for viewing, uploading or downloading, (c) facilitating the viewing, uploading or downloading of child abuse material. material includes any film, printed matter, data or any other thing of any kind (including any computer image or other depiction).
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nsw.gov.au
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- [2017] NSWCCA 1 (NSW Court of Criminal Appeal 2017, [2017] NSWCCA 1)
- [2023] NSWDC 227 (District Court of New South Wales 2023, [2023] NSWDC 227)
- [2020] NSWDC 419 (District Court of New South Wales 2020, [2020] NSWDC 419)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Sexting Laws in New South Wales: The Section 91HA and 91HB Defences
Criminal Code Act 1983 (NT)
s 1Short titleIn forcecited in 2 of our articles
This Act may be cited as the Criminal Code Act 1983.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nt.gov.au
Also relied on in: Sexting Laws in the Northern Territory: Age, Offences and the Sex Offender Register
s 125BProduction, possession etc. of child abuse materialIn forcecited in 2 of our articles
(1) A person commits an offence if: (a) the person intentionally produces, sells, distributes or possesses, or offers or advertises for sale or distribution, material; and (b) the material is child abuse material and the person is reckless in relation to that circumstance. Maximum penalty: (a) for an individual - imprisonment for 10 years; or (b) for a body corporate - 10 000 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant: (a) is a member or officer of a law enforcement agency or a court who has child abuse material in the member's or officer's possession in the exercise of a power or performance of a function conferred or imposed on the member or officer by or under an Act or law; or (b) has child abuse material in the defendant's possession in the exercise of a power, or performance of a function, relating to the classification of the material that is conferred or imposed on the defendant by or under an Act or law; or (c) has child abuse material in the defendant's possession for legitimate medical or health research purposes.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nt.gov.au
Criminal Law Consolidation Act 1935 (SA)
s 62InterpretationIn forcecited in 2 of our articles
In this Division— administering a website includes— (a) building, developing or maintaining the website; and (b) moderating contributions to, or content on, the website; and (c) managing or regulating membership of, or access to, the website; and (d) monitoring traffic through the website; and (e) an activity or function of a prescribed kind, but does not include an activity or function of a kind excluded by the regulations from the ambit of this definition; child exploitation material means material— (a) — (i) that— (A) describes or depicts a child under, or apparently under, the age of 17 years engaging in sexual activity; or (B) consists of, or contains, the image or representation of (or what appears to be the image or representation of) a child under, or apparently under, the age of 17 years, or the bodily parts of such a child, or in the production of which such a child has been or appears to have been involved; or (C) (without limiting subsubparagraph (B)) consists of, or contains, the image or representation of (or what appears to be the image or representation of) a child‑like sex doll, or part of a child‑like sex doll; and (ii) that is of a pornographic nature;
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.sa.gov.au
Also relied on in: Sexting Laws in South Australia: The Under-17 Threshold and No Peer Defence
s 63Production or dissemination of child exploitation materialIn forcecited in 2 of our articles
A person who— (a) produces, or takes any step in the production of, child exploitation material, other than a child‑like sex doll, knowing of its pornographic nature; or (b) disseminates, or takes any step in the dissemination of, child exploitation material, other than a child‑like sex doll, knowing of its pornographic nature, is guilty of an offence. Maximum penalty: Imprisonment for 15 years.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.sa.gov.au
s 63BProcuring child to commit indecent act etcIn forcecited in 2 of our articles
(1) A person who— (a) incites or procures the commission of an indecent act by a child under the prescribed age in relation to that person; or (b) acting for a prurient purpose— (i) causes or induces a child under the prescribed age in relation to that person to expose any part of his or her body; or (ii) makes a photographic, electronic or other record from which the image, or images, of a child under the age of 17 years engaged in a private act may be reproduced, is guilty of an offence. Maximum penalty: (a) for a basic offence—imprisonment for 12 years; (b) for an aggravated offence—imprisonment for 15 years. (2) Subsection (1) applies whether the acts alleged to constitute the offence— (a) occur in private or in public; or (b) occur with or without the consent of the child, or the child's parent or guardian.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.sa.gov.au
Crimes Act 1958 (Vic)
s 51ADefinitionsIn forcecited in 2 of our articles
(1) In this Subdivision— administer, in relation to a website, includes building, developing and maintaining the website but does not include hosting the website; authorised classifier means a person, or a person who belongs to a class of person, prescribed by the regulations for the purposes of this definition; child means a person under the age of 18 years; child abuse material means material that— (a) depicts or describes— (i) a person who is, or who appears or is implied to be, a child— (A) as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual); or (B) as a victim of sexual abuse; or (C) engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or (D) in the presence of another person who is engaged in, or apparently engaged in, a sexual pose or sexual activity; or (ii) the genital or anal region of a person who is, or who appears or is implied to be, a child; or (iii) the breast area of a person who is, or who appears or is implied to be, a female child; and (b) reasonable persons would regard as being, in the circumstances, offensive; child abuse mat
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.vic.gov.au
Also relied on in: Sexting Laws in Victoria: The Six Exceptions and Defences Under Sections 51M to 51R
s 51BInvolving a child in the production of child abuse materialIn forcecited in 2 of our articles
(1) A person (A) commits an offence if— (a) A intentionally involves another person (B) in the production of material; and (b) B is a child; and (c) A knows that B is, or probably is, a child; and (d) the material is child abuse material; and (e) A knows that the material is, or probably is, child abuse material. (2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum). (3) For the purposes of subsection (1), the ways in which A involves B in the production of material may include— (a) inviting or encouraging B to be involved, or offering B to be involved, in the production of the material; or (b) causing or allowing B to be involved in the production of the material; or (c) using B in the production of the material.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.vic.gov.au
s 51MExceptions applying to childrenIn forcecited in 2 of our articles
(1) A does not commit an offence against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if— (a) A is a child; and (b) the child abuse material is an image; and (c) the image depicts A alone. Example A is 15 years old and takes a photograph of themselves. A stores the photograph on their mobile phone. The offences in 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) do not apply to A in respect of the image. (2) A does not commit an offence against section 51B(1), 51C(1), 51D(1), 51G(1) or 51H(1) if— (a) A is a child; and (b) the child abuse material is an image; and (c) A is the victim of a criminal offence punishable by imprisonment and the image depicts that offence. Example The image depicts the child (A) being raped by another person. The offences in sections 51B(1), 51C(1), 51D(1), 51G(1) and 51H(1) do not apply to A in respect of the image. (3) In subsections (1) and (2), 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.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.vic.gov.au
Criminal Code Act Compilation Act 1913 (WA)
s 217ATerms usedIn force
In this Chapter — child means a person under 16 years of age; child exploitation material means — (a)child pornography; or (b)material that, in a way likely to offend a reasonable person, describes, depicts or represents a person, or part of a person, who is, or appears to be, a child — (i)in an offensive or demeaning context; or (ii)being subjected to abuse, cruelty or torture (whether or not in a sexual context); child pornography means material that, in a way likely to offend a reasonable person, describes, depicts or represents a person, or part of a person, who is, or appears to be a child — (a)engaging in sexual activity; or (b)in a sexual context; material includes — (a)any object, picture, film, written or printed matter, data or other thing; and (b)any thing from which text, pictures, sound or data can be produced or reproduced, with or without the aid of anything else; picture has the meaning given in section 204B.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.wa.gov.au
Criminal Code Act 1995
s 473.1DefinitionsIn force
In this Part: abattoir means a place where animals are slaughtered (whether or not for human consumption), but does not include a restaurant. access in relation to material includes: (a) the display of the material by a computer or any other output of the material from a computer; or (b) the copying or moving of the material to any place in a computer or to a data storage device; or (c) in the case of material that is a program—the execution of the program. account identifier means: (a) something that: (i) contains subscription‑specific secure data; and (ii) is installed, or capable of being installed, in a mobile telecommunications device; or (b) anything else that: (i) allows a particular mobile telecommunications account to be identified; and (ii) is prescribed by the regulations as an account identifier for the purposes of this Part. Note: Paragraph (a)—This would include a SIM card. AFP Minister means the Minister administering the Australian Federal Police Act 1979. agricultural land means land in Australia that is used for a primary production business.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.gov.au
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- [2017] NSWCCA 1 (NSW Court of Criminal Appeal 2017, [2017] NSWCCA 1)
- [2014] NSWCCA 247 (NSW Court of Criminal Appeal 2014, [2014] NSWCCA 247)
- [2010] NSWCCA 140 (NSW Court of Criminal Appeal 2010, [2010] NSWCCA 140)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
s 474.22Using a carriage service for child abuse materialIn forcecited in 2 of our articles
(1) A person commits an offence if: (a) the person: (i) accesses material; or (ii) causes material to be transmitted to himself or herself; or (iii) transmits, makes available, publishes, distributes, advertises or promotes material; or (iv) solicits material; and (aa) the person does so using a carriage service; and (b) the material is child abuse material. Penalty: Imprisonment for 15 years. (2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1): (a) intention is the fault element for the conduct referred to in paragraph (1)(a); (b) recklessness is the fault element for the circumstances referred to in paragraph (1)(b). Note: For the meaning of intention and recklessness see sections 5.2 and 5.4. (2A) Absolute liability applies to paragraph (1)(aa). Note: For absolute liability, see section 6.2. (3) As well as the general defences provided for in Part 2.3, defences are provided for under section 474.24 in relation to this section.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.gov.au
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- [2025] NSWCCA 27 (NSW Court of Criminal Appeal 2025, [2025] NSWCCA 27)
- [2023] NSWCCA 37 (NSW Court of Criminal Appeal 2023, [2023] NSWCCA 37)
- [2022] NSWCCA 191 (NSW Court of Criminal Appeal 2022, [2022] NSWCCA 191)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Deepfake and Intimate Image Laws in Australia: Creation vs Distribution by State
s 474.24Defences in respect of child abuse materialIn force
(1) A person is not criminally responsible for an offence against section 474.22, 474.22A, 474.23 or 474.23A because of engaging in particular conduct if the conduct: (a) is of public benefit; and (b) does not extend beyond what is of public benefit. In determining whether the person is, under this subsection, not criminally responsible for the offence, the question whether the conduct is of public benefit is a question of fact and the person’s motives in engaging in the conduct are irrelevant. Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3). (2) For the purposes of subsection (1), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in: (a) enforcing a law of the Commonwealth, a State or a Territory; or (b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or (c) the administration of justice; or (d) conducting scientific, medical or educational research that has been approved by the AFP Minister in writing for the purposes of this section.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.gov.au
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- [2007] NSWCCA 197 (NSW Court of Criminal Appeal 2007, [2007] NSWCCA 197)
- [2020] NSWSC 1429 (Supreme Court of New South Wales 2020, [2020] NSWSC 1429)
- [2016] NSWSC 1625 (Supreme Court of New South Wales 2016, [2016] NSWSC 1625)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Criminal Code Act 1995 (Cth), ss474.22, 474.22A, 474.23, 474.23A, 474.24A (child abuse material offences and maximum penalties)(legislation.gov.au).gov
- Criminal Code Act 1995 (Cth), s473.1 (child abuse material definition, under 18), s474.24 (defences) and s474.24C (Attorney-General consent gate for an under-18 defendant)(legislation.gov.au).gov
- Online Safety Act 2021 (Cth), Parts 3 and 5-9 (the four eSafety Commissioner complaint and removal schemes)(legislation.gov.au).gov
- eSafety Commissioner, "Sexting and sending nudes"(esafety.gov.au).gov
- eSafety Commissioner, "Report image-based abuse" (parent/guardian reporting for a child under 16)(esafety.gov.au).gov
- Crimes Act 1900 (NSW), ss91FA (age definition), 91G (using a child in production), 91H (production, dissemination, possession), 91HA and 91HB (young-person defences)(legislation.nsw.gov.au).gov
- Crimes Act 1958 (Vic), s51A (definitions), ss51B-51H (offences and penalties), ss51M-51R (young-person exceptions and defences)(legislation.vic.gov.au).gov
- Sex Offenders Registration Act 2004 (Vic), ss7, 11 and 35 (registration is not automatic for an offence committed as a child; reporting period halved)(legislation.vic.gov.au).gov
- Criminal Code Act 1899 (Qld), s207A (definitions, under 16 actual or apparent), ss228A-228E (offences, penalties and defences)(legislation.qld.gov.au).gov
- The Criminal Code, Criminal Code Act Compilation Act 1913 (WA), ss217A (definitions, under 16), 217-220 (offences and penalties), 221A (defences)(legislation.wa.gov.au).gov
- Community Protection (Offender Reporting) Act 2004 (WA), s9 and Division 1B ss14B-14D (juvenile offender reporting order requires a court risk finding)(legislation.wa.gov.au).gov
- Criminal Law Consolidation Act 1935 (SA), s62 (definitions, under 17), ss63, 63A (offences and penalties), s63B (peer defence scoped to procuring, not CEM)(legislation.sa.gov.au).gov
- Criminal Code Act 1924 (Tas), s1A (definitions, under 18), ss130-130D (offences), s130E (defences including the narrow s130E(2) peer provision)(legislation.tas.gov.au).gov
- Criminal Code Act 1983 (NT), s1 (adult/child definitions), ss125B and 125D (offences and penalties)(legislation.nt.gov.au).gov
- Child Protection (Offender Reporting and Registration) Act 2004 (NT), s11(1)(a) (default exclusion for an offence committed as a child) and s13 (court's discretionary registration order)(legislation.nt.gov.au).gov
- Crimes Act 1900 (ACT), ss64, 64A and 65 (child exploitation material offences and penalties)(legislation.act.gov.au).gov
- Crimes (Child Sex Offenders) Act 2005 (ACT), s9 (registration carve-outs) and s89 (shorter reporting period for a young offender)(legislation.act.gov.au).gov