Summary Offences Act 1953

A person must not engage in indecent filming.

Maximum penalty:

if the person filmed was 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 subsection (1) to prove—

that the indecent filming occurred with the consent of the person filmed;

or

that the indecent filming was undertaken 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.

A person must not distribute an image obtained by indecent filming.

Maximum penalty:

if the person filmed was 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 subsection (3) to prove 1 or more of the following:

that the person filmed—

consented to that particular distribution of the image the subject of the offence; or

consented to distribution of the image the subject of the offence generally; or

that the defendant did not know, and could not reasonably be expected to have known, that the indecent filming was without the person's consent; or

that the indecent filming was undertaken 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.