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SUMMARY OFFENCES ACT 1953 - SECT 26D

SUMMARY OFFENCES ACT 1953 - SECT 26D

26D—Indecent filming

        (1)         A person must not engage in indecent filming.

Maximum penalty:

            (a)         if the person filmed was under the age of 17 years—$20 000 or imprisonment for 4 years;

            (b)         in any other case—$10 000 or imprisonment for 2 years.

        (2)         It is a defence to a charge of an offence against subsection (1) to prove—

            (a)         that the indecent filming occurred with the consent of the person filmed; or

            (b)         that the indecent filming was undertaken by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit.

        (3)         A person must not distribute an image obtained by indecent filming.

Maximum penalty:

            (a)         if the person filmed was under the age of 17 years—$20 000 or imprisonment for 4 years;

            (b)         in any other case—$10 000 or imprisonment for 2 years.

        (4)         It is a defence to a charge of an offence against subsection (3) to prove 1 or more of the following:

            (a)         that the person filmed

                  (i)         consented to that particular distribution of the image the subject of the offence; or

                  (ii)         consented to distribution of the image the subject of the offence generally; or

            (b)         that the defendant did not know, and could not reasonably be expected to have known, that the indecent filming was without the person's consent; or

            (c)         that the indecent filming was undertaken by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit and the distribution of the image was for a purpose connected with that claim.