This quick overview applies primarily to Victoria, but seems to be in harmony with Commonwealth law.

The law provides for 4 offences: procuring, making, possessing or publishing child pornography.

The definition covers works in which a person who is or appears to be a child is portrayed in a sexual context. It applies to works such as literature, photos, paintings, computer games, etc.

No distinction is made re fictional works, so a computer graphic or game that does not use a human model is not exempt.

Intent is immaterial, and questions such as the actual age of the model and whether consent was or could be granted are generally immaterial.

There is a specific defence for works of artistic merit, but not if the model is actually under-age. A fictional work such as Lolita would fall within the definition, but could be successfully defended on the basis of artistic merit.

There are two drivers for the legislation: procurement and publishing. Procurement is viewed as harming the model directly. Publishing is viewed as being of harm to the community, and the offences of making and possessing are primarily aimed at the presumption of eventual publication. There can be a defence if no under-age model was procured and the works were not intended for publication (and were not published).

The key question of fact a court has to decide is: are the images within the definition of child pornography? That is, do they portray a child in a sexual context?

One way the court seeks to determine this is by submitting the material for rating, in the ordinary way.