QLD Criminal Code - Legal to View Child Exploitation Materials?

[QuickQuestion]

According to the QLD Criminal Code 1899 "Chapter 22--Offences against morality" it is criminal to possess, distribute, make and encourage the use of child exploitation material. However nowhere does it state that it is criminal to simply access such material.

Is this correct? It seems odd, as Tasmanias Criminal Code Act 1924 includes this as a criminal act

 

[Lance]

I would have thought accessing the material would be seen as encouraging the use. I was of the understanding most child exploitation material was accessed by purchasing that access and as such you would be paying and thus encouraging the use

 

[QuickQuestion]

Upon further investigation, the CDPP (Commonwealth Director of Public Prosecutions), constitutes "using a carriage service to access child pornography material." as a criminal act. I'm still not 100% sure if all child abuse cases are dealt with under the CDPP or under state law. Can anyone clarify?

 

[Lance]

Child abuse and child exploitation are different crimes. But I believe it all comes down to who has caught the offender and who is to prosecute them. The CDPP works with the Australian Federal Police, Australian Customs and Border Protection Service but they can work with other law enforcement agencies.

If it's a nation wide sting then the CDPP with prosecute the offender. It doesn't take away for the individual State or Territory Legislation but it is useful with cross jurisdictional (State and Territory) crimes. Especially if someone has committed exploitation offences in various State's and Territories, then the CDPP with most likely prosecute them.

 

[Iamthelaw]

You can be charged under either the Cth legislation or various state legislation depending on the offence(s) and where you're located, of course.

'Accessing' is still a crime - See R v Gordon [2009]. This is an example of a Qld decision whereby the Cth DPP brought Cth charges of using a carriage service to access the material and the state offence of possession of child exploitation material.

 

[Rod]

Possession is still in play if the images are still stored on your PC in your browser cache files. Police know to look there and how to recover deleted files!