Statutory Interpretation Essay

1727 words - 7 pages

Part A
The relevant provision which prohibited the production, dissemination, or possession of child abuse material in NSW is section 91H of the Crimes Act 1900 (NSW)[footnoteRef:1]. This provision was inserted within the Crimes Amendment (Child Pornography) Act 2004 (NSW)[footnoteRef:2] and commenced on 1. 1. 2005. This provision outlined the definition of; child pornography and dissemination and penalties for producing, disseminating, and possessing child pornography. The most recently amended act was the Crimes Amendment (Child Pornography and Abuse Material) Act 2010[footnoteRef:3]. The date of commencement for the following act included 17. 9. 2010 for Schedule 1 and 10. 9. 2010 for section 2 (1) and 2010 (517)[footnoteRef:4]. [1: Crimes Act 1900 (NSW) s 91H. ] [2: Crimes Amendment (Child Pornography) Act 2004 (NSW) s 3. ] [3: Crimes Amendment (Child Pornography and Abuse Material) Act 2010 (NSW) sch1. ] [4: Ibid s 1. ] To complete this task, the information was accessed through the Austlii database available on the UTS Library website. The 'Crimes Act 1900' option was selected from the 'New South Wales Consolidated Acts' Tab. This is where 'production, dissemination, and possession' were highlighted under section 91H. The act read that it was 'Ins 2004 No 95', indicating that the act was inserted in 2004. It was noted amongst the 2004 act that it was 'Subst 2010 No 9', meaning that the Crimes Amendment (Child Pornography and Abuse Material) Act 2010 was the most recent amendment. In the table of amendments, amongst the 2010 act was its commencement date, 17th of September 2010.
To ensure the reliability of the information regarding both legislations, both were searched using two different legal databases; Law one and New South Wales Legislation. Upon searching the act, under the historical notes tab, the same information was provided in comparison to Austlii. The same was done for New South Wales legislation, where the act was searched in the search bar. The information provided under historical notes matched the information given by the two previous databases. Hence, through the comparison of information through different databases, the information can be deemed reliable.

Part B
1) A
The elements required to satisfy the offense of dissemination or production of child pornography include; 'send, supply, exhibit, transmit or communicate it to another person, make it available for access by another person or enter into any agreement or arrangement to do so'[footnoteRef:5] under subsection 91H (1) of the Crimes Amendment (Child Pornography) Act 2004 NSW. That satisfactory element to be found guilty of the offense of child pornography possession is simply possessing child pornography. [5: Above n1. ] 1) B Under the definitions within subsection 91FB (1) of the Crimes Amendment (Child Pornography and Abuse Material) Act 2010 NSW[footnoteRef:6]; child abuse material is defined as material that depicts or describes, in a way t...

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