Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in generalChapter 22 Offences against morality[s 228H](7) When forfeited to the State, the thing becomes the State’sproperty and may be dealt with as directed by the chiefexecutive.228HPossession etc. of child exploitation material by lawenforcement officer(1) A person is not criminally responsible for an offence againstsection 228B, 228C or 228D if—(a) the person is, at the time of the offence, a classificationofficer or law enforcement officer acting in the course ofthe person’s duties; and(b) the person’s conduct is reasonable in the circumstancesfor the performance of the duties.Examples of conduct that may be reasonable for the performance ofa law enforcement officer’s duties—• copying child exploitation material for the purposes ofpreparing a brief for police prosecutors• supplying child exploitation material to a classificationofficer for classification or to the Office of the Director ofPublic Prosecutions for use during the prosecution of aperson for an offence• keeping child exploitation material obtained during aninvestigation for legitimate intelligence purposes(2) However, subsection (1) does not apply to the extent that theperson’s conduct consists of engaging in conduct or anactivity that—(a) is authorised under—(i) the Police Powers and Responsibilities Act 2000,chapter 10 or 11; or(ii) the Crime and Corruption Act 2001, chapter 3, part6A; or(b) is otherwise directed to gaining evidence of thecommission of an offence against a particular person.Page 142 Current as at 1 December 2014