(1) For the purposes of this Part, anything that contains or displays an image
of a person (the
"protected person" ) is
"sensitive evidence" if--
(a) the image is obscene or indecent, or
(b)
providing a copy of the image to another person without the protected person's
consent would interfere with the protected person's privacy, or
(c) the image
was taken after the death of the protected person.
(1A) For the purposes of
this Part, an audio recording of a person committing an offence against
another person (the
"protected person" ) is
"sensitive evidence" if--
(a) the contents of the audio recording are obscene
or indecent, or
(2) Without limiting subsection (1), (1A) or (1C), the
following are examples of sensitive evidence--
(a) a photograph of an alleged
sexual assault victim, taken in connection with a criminal investigation or
criminal proceedings, that shows the person's genitalia or otherwise shows the
person in a state of undress,
(c) a
computer hard drive, held or seized by a prosecuting authority, containing
images of child pornography or child abuse material (within the meaning of
Division 15A of Part 3 of the Crimes Act 1900 ),
(d) a photograph of a
deceased person taken in connection with a post mortem examination,
(e) a
photograph of a deceased person taken at a crime scene.
(3) In determining
whether a thing is obscene or indecent, the fact that the thing was brought
into existence, or is in the possession of a prosecuting authority, for the
purpose of providing evidence of an offence is to be disregarded.