Criminal Code Act 1899

A person who observes or visually records another person, in circumstances where a reasonable adult would expect to be afforded privacy—

without the other person’s consent; and

when the other person—

is in a private place; or

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;

commits a misdemeanour.Maximum penalty—3 years imprisonment.Examples of circumstances where a reasonable adult would expect to be afforded privacy—

1 A person changing in a communal change room at a swimming pool may expect to be observed by another person who is also changing in the room but may not expect to be visually recorded.

2 A person who needs help to dress or use a toilet may expect to be observed by the person giving the help but may not expect to be observed by another person.

A person who observes or visually records another person’s genital or anal region, in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region—

without the other person’s consent; and

when the observation or visual recording is made for the purpose of observing or visually recording the other person’s genital or anal region;

commits a misdemeanour.Maximum penalty—3 years imprisonment.Example for subsection (2)—using a mobile phone in a public place to take photos of women’s underwear under their skirts without their consent

In this section—consent means free and voluntary agreement by a person with the cognitive capacity to make the agreement.genital or anal region, of a person, means the person’s genital or anal region when it is bare or covered only by underwear. sch 1 pt 4 ch 22 s 227A ins 2005 No. 70 s 55