AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 13A

13A. Observation or recording in breach of privacy

      (1) A person who observes or visually records another person, in circumstances where a reasonable person 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 –

is guilty of an offence.

Penalty:

Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

      (2) A person who observes or visually records another person's genital or anal region, in circumstances where a reasonable person 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 –

is guilty of an offence.

Penalty:

Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

      (3) In subsection (2) –

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


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