Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 227A

227A Observations or recordings in breach of privacy

(1) A person who observes or visually records another person, in circumstances where a reasonable adult would expect to be afforded privacy--

(a) without the other person's consent; and
(b) when the other person--
(i) is in a private place; or
(ii) is engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act;
commits a misdemeanour.

Maximum penalty--2 years imprisonment.

Examples of circumstances where a reasonable adult would expect to be afforded privacy--
1 A person changing in a communal change room at a swimming pool may expect to be observed by another person who is also changing in the room but may not expect to be visually recorded.
2 A person who needs help to dress or use a toilet may expect to be observed by the person giving the help but may not expect to be observed by another person.

(2) A person who observes or visually records another person's genital or anal region, in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region--

(a) without the other person's consent; and
(b) when the observation or visual recording is made for the purpose of observing or visually recording the other person's genital or anal region;
commits a misdemeanour.

Maximum penalty--2 years imprisonment.

Example for subsection (2)--
using a mobile phone in a public place to take photos of women's underwear under their skirts without their consent

(3) In subsection (2)--

genital or anal region, of a person, means the person's genital or anal region when the region is covered by underwear or bare.



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