s. 70AA photograph, the accused was not more than 2 years older than the minor was or appeared to be; or (e) that the minor or one of the minors depicted S. 70(2)(e) amended by in the film or photograph is the accused. No. 68/2009 s. 97(Sch. item 40.5). (3) Despite subsection (2)(b), the defence of artistic S. 70(3) amended by merit cannot be relied on in a case where the No. 20/2004 prosecution proves that the minor was actually s. 6(2). under the age of 18 years. (4) Nothing in this section makes it an offence for— S. 70(4) substituted by No. 69/2001 (a) any member or officer of a law enforcement s. 20(2). agency; or (b) a person authorised in writing by the Chief Commissioner of Police assisting such a member or officer; or (c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting such a member or officer— to have child pornography in his or her possession 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. 70AA Forfeiture S. 70AA inserted by No. 22/1996 (1) If a person is charged with an offence against s. 8. section 68, 69 or 70 and the court is satisfied that the person committed the offence, the court may order that the child pornography in respect of which the offence was committed is forfeited to the Crown.
photograph, the accused was not more than 2 years older than the minor was or appeared to be; or S. 70(2)(e) amended by No. 68/2009 s. 97(Sch. item 40.5). (e) that the minor or one of the minors depicted in the film or photograph is the accused. S. 70(3) amended by No. 20/2004 s. 6(2). (3) Despite subsection (2)(b), the defence of artistic merit cannot be relied on in a case where the prosecution proves that the minor was actually under the age of 18 years. S. 70(4) substituted by No. 69/2001 s. 20(2). (4) Nothing in this section 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 such a member or officer; or (c) a person belonging to a class of persons authorised in writing by the Chief Commissioner of Police assisting such a member or officer— to have child pornography in his or her possession 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. S. 70AA inserted by No. 22/1996 s. 8. 70AA Forfeiture s. 70AA (1) If a person is charged with an offence against section 68, 69 or 70 and the court is satisfied that the person committed the offence, the court may order that the child pornography in respect of which the offence was committed is forfeited to the Crown.
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