Section 91HAB — Crimes Act 1900 (NSW)

(1) A person is guilty of an offence if—
(a) the person is 18 or more years of age, and
(b) the person encourages another person to use a digital platform, and
(c) the person intends that other person to use the digital platform to deal with child abuse material.
(2) In determining whether a person has encouraged another person to use a digital platform with the intention of the person using it to deal with child abuse material in proceedings for an offence against this section, it is not necessary to prove—
(a) the identity of the person encouraged to use the digital platform to deal with child abuse material, or
(b) that another person in fact used the digital platform to deal with child abuse material, or
(c) if another person did in fact use the digital platform to deal with child abuse material, that it was the defendant’s encouragement that caused the person to do so.

Related sections

• s 91G — Children not to be used for production of child abuse material
• s 91H — Production, dissemination or possession of child abuse material
• s 91HAA — Administering a digital platform used to deal with child abuse material
• s 91HAC — Providing information about avoiding detection
• s 91HA — Defences
• s 91HB — Exception

Research how courts apply s 91HAB

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.