26A

Interpretation

In force

(1)

In this Part—

carriage service provider has the same meaning as in section 87 of the Telecommunications

Act 1997 of the Commonwealth;

cognitive impairment includes—

(a)

a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);

(b)

an acquired disability as a result of illness or injury (including, for

example, dementia, a traumatic brain injury or a neurological disorder);

(c)

a mental illness;

distribute includes—

(a)

communicate, exhibit, send, supply, upload or transmit; and

(b)

make available for access by another, but does not include distribution by a person solely in the person's capacity as an internet service provider, internet content host or a carriage service provider;

film means take images by any means;

humiliating or degrading act, in relation to a person, means—

(a)

an assault or other act of violence against the person; or

(b)

an act that reasonable adult members of the community would consider to be humiliating or degrading to such a person (but does not include an act that reasonable adult members of the community would consider to cause only minor or moderate embarrassment);

humiliating or degrading filming means filming images of another person while the other person is being subjected to, or compelled to engage in, a humiliating or degrading act, but does not include filming images of a person who consents to being subjected to, or engaging in, a humiliating or degrading act and consents to the filming of the act;

image means a moving or still image, and includes an image that has been altered by digital or other means;

indecent filming means filming of—

(a)

another person in a state of undress in circumstances in which a reasonable person would expect to be afforded privacy; or

(b)

another person engaged in a private act in circumstances in which a reasonable person would expect to be afforded privacy; or

(c)

another person's private region in circumstances in which a reasonable person would not expect that the person's private region might be filmed;

internet content host has the same meaning as in Schedule 5 of the Broadcasting

Services Act 1992 of the Commonwealth;

internet service provider has the same meaning as in Schedule 5 of the Broadcasting

Services Act 1992 of the Commonwealth;

invasive image—see subsections (2) and (3);

law enforcement personnel means police officers or officers of a law enforcement agency;

private act means—

(a)

a sexual act of a kind not ordinarily done in public; or

(ab)

an act carried out in a sexual manner or context; or

(b)

using a toilet;

private region of a person means the person's genital or anal region, or in the case of a female, the breast, when covered by underwear or bare.

(2)

For the purposes of this Part, an image of a person will be taken to be an invasive image of the person if it depicts the person in a place other than a public place—

(a)

engaged in a private act; or

(b)

in a state of undress such that—

(i)

in the case of a female—the bare breasts are visible; or

(ii)

in any case—the bare genital or anal region is visible.

(3)

However, an image of a person that falls within the standards of morality, decency and propriety generally accepted by reasonable adults in the community will not be taken to be an invasive image of the person.

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.