Distribution of invasive image
26C Distribution of invasive image
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.
Maximum penalty:
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.
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