Summary Offences Act 1953

A person who distributes an invasive image of another person, knowing or having reason to believe that the other person—

does not consent to that particular distribution of the image; or

does not consent to that particular distribution of the image and does not consent to distribution of the image generally, is guilty of an offence.

if the invasive image is of a person under the age of 17 years—$20 000 or imprisonment for 4 years;

in any other case—$10 000 or imprisonment for 2 years.

It is a defence to a charge of an offence against this section to prove—

that the conduct constituting the offence—

was for a purpose connected to law enforcement; or

was for a medical, legal or scientific purpose; or

that the image was filmed by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit and the distribution of the image was for a purpose connected with that claim.