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It is enough that they appear to be under that age.The legislation therefore applies to images of a person over the age of 16 who is made to appear younger than that.

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In (2002) A Crim R 435, a prisoner in Western Australia who was serving a long sentence for sexual offences against children was convicted of further offences after writing 17 sexually explicit stories about adult males involved in sexual acts with young children (mostly boys aged less than 10).Standard medical indicators of the physical developmental stages of children may be used to assess whether an image depicts a child under the age of 16 (Censorship Review Board 2000).The definition of child pornography may include morphed pictures.The state laws regarding child pornography intersect with federal censorship laws contained in the (Cwlth) created a non-criminal process for reporting web sites that host material which would be refused classification (as well as X- and R-rated material that is easily accessible without adult verification).

The Australian Broadcasting Authority (ABA) can issue a take-down notice to have Australian-based web sites remove this content.

The Australian regime to regulate pornography (whether online or not) essentially relies on state and territory laws (for convenience referred to here as 'state laws').