JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 70 - SECT 55 55 Insertion of new ss 227A-227C
JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 70 - SECT 55
55 Insertion of new ss 227A-227CAfter section 227--
insert--
'(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.
'(1) A person who distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without the other person's consent, commits a misdemeanour.
Maximum penalty--2 years imprisonment.
'(2) In this section--
distribute includes--
(a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and
(b) make available for access by someone, whether by a particular person or not; and
(c) enter into an agreement or arrangement to do something in paragraph (a) or (b); and
(d) attempt to distribute.
prohibited visual recording, of another person, means--
(a) a visual recording of the person in a private place or engaging in a private act made in circumstances where a reasonable adult would expect to be afforded privacy; or
(b) a visual recording of the person's genital or anal region, when it is covered by underwear or bare, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.
'(1) A person is not criminally responsible for an offence against section 227A(1) or (2) or 227B(1) if--
(a) the person is, at the time of the offence, a law enforcement officer acting in the course of the person's duties; and
(b) the person's conduct is reasonable in the circumstances for the performance of the duties.
'(2) A person is not criminally responsible for an offence against section 227A(1) or (2) or 227B(1) in relation to an observation or visual recording of another person who is in lawful custody or subject to a supervision order if--
(a) the person is, at the time of the offence, acting in the course of the person's duties in relation to the other person's lawful custody or supervision order; and
(b) the person's conduct is reasonable in the circumstances for the performance of the duties.
Examples of conduct that may be reasonable for the performance of duties--
the observation of a person for the safety of the person or another person
the observation of a person providing a urine sample for a drug test
'(3) In this section--
lawful custody includes detention under the Mental Health Act 2000, in an authorised mental health service or a high security unit.
supervision order, for a person, means an order under an Act or a law of the Commonwealth or another State or made by an Australian court that subjects the person to supervision including, for example, the following orders--
(a) a community based order under the Penalties and Sentences Act 1992;
(b) a community based order or supervised release order under the Juvenile Justice Act 1992;
(c) a post-prison community based release order or a conditional release order under the Corrective Services Act 2000;
(d) an intensive drug rehabilitation order under the Drug Rehabilitation (Court Diversion) Act 2000;
(e) a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.'.