Criminal Code Act 1983

(1) A person commits an offence if:

(a) the person intentionally records or captures an image of another person; and

(b) the image is an intimate image and the person is reckless in relation to that circumstance; and

(c) the other person did not consent to the recording or capturing of the image at the time it was recorded or captured and the person is reckless in relation to that circumstance.

Maximum penalty: Imprisonment for 3 years.

(2) It is a defence to a prosecution for an offence against subsection (1) if the image:

(a) was recorded or captured by a law enforcement officer acting reasonably in the performance of the officer's duty; or

(b) was recorded or captured for the purpose of reporting unlawful conduct by the other person to a law enforcement officer; or

(c) is of a person incapable of giving consent and was recorded or captured:

(ii) in other circumstances that a reasonable person would regard as acceptable.

Example for subsection (2)(c)(ii)

Taking a photograph or video of a naked newborn relative.

(3) A person under 16 years of age is taken to be incapable of consenting to the recording or capturing of an intimate image of the person.