Tasmanian Consolidated Acts

POLICE OFFENCES ACT 1935 - SECT 13B

      (1) A person who publishes or distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without lawful and reasonable excuse (proof of which lies on the first-mentioned person), is guilty of an offence.

Penalty:

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

      (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 anything mentioned 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 only by underwear or bare, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.