SUMMARY OFFENCES ACT 1953 - SECT 26A
SUMMARY OFFENCES ACT 1953 - SECT 26A
(1) In this
Part—
"carriage service provider" has the same meaning as in section 87 of the
Telecommunications Act 1997 of the Commonwealth;
"cognitive impairment" includes—
(a) a
developmental disability (including, for example, an intellectual disability,
Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b) an
acquired disability as a result of illness or injury (including, for example,
dementia, a traumatic brain injury or a neurological disorder);
(c) a
mental illness;
"distribute" includes—
(a)
communicate, exhibit, send, supply, upload or transmit; and
(b) make
available for access by another,
but does not include distribution by a person solely in the person's capacity
as an internet service provider, internet content host or a carriage
service provider;
"film" means take images by any means;
"humiliating or degrading act", in relation to a person, means—
(a) an
assault or other act of violence against the person; or
(b) an
act that reasonable adult members of the community would consider to be
humiliating or degrading to such a person (but does not include an act that
reasonable adult members of the community would consider to cause only minor
or moderate embarrassment);
"humiliating or degrading filming" means filming images of another person
while the other person is being subjected to, or compelled to engage in, a
humiliating or degrading act, but does not include filming images of a person
who consents to being subjected to, or engaging in, a humiliating or
degrading act and consents to the filming of the act;
"image" means a moving or still image, and includes an image that has been
altered by digital or other means;
"indecent filming" means filming of—
(a)
another person in a state of undress in circumstances in which a reasonable
person would expect to be afforded privacy; or
(b)
another person engaged in a private act in circumstances in which a reasonable
person would expect to be afforded privacy; or
(c)
another person's private region in circumstances in which a reasonable person
would not expect that the person's private region might be filmed;
"internet content host" has the same meaning as in Schedule 5 of the
Broadcasting Services Act 1992 of the Commonwealth;
"internet service provider" has the same meaning as in Schedule 5 of the
Broadcasting Services Act 1992 of the Commonwealth;
"invasive image"—see subsections (2) and (3);
"law enforcement personnel" means police officers or officers of a law
enforcement agency;
"private act" means—
(a) a
sexual act of a kind not ordinarily done in public; or
(ab) an
act carried out in a sexual manner or context; or
(b)
using a toilet;
"private region" of a person means the person's genital or anal region, or in
the case of a female, the breast, when covered by underwear or bare.
(2) For the purposes
of this Part, an image of a person will be taken to be an "invasive image of
the person if it depicts the person in a place other than a
public place—
(a)
engaged in a private act; or
(b) in a
state of undress such that—
(i)
in the case of a female—the bare breasts are
visible; or
(ii)
in any case—the bare genital or anal region is
visible.
(3) However, an image
of a person that falls within the standards of morality, decency and propriety
generally accepted by reasonable adults in the community will not be taken to
be an invasive image of the person.