Summary Offences Act 1953

An apparent consent will not be an effective consent for the purposes of this Part if—

given by a person who is under the age of 17 years or with a cognitive impairment; or

obtained from a person by duress or deception.

The following persons do not commit an offence against this Part:

law enforcement personnel and legal practitioners, or their agents, acting in the course of law enforcement or legal proceedings;

medical practitioners, or their agents, acting in the course of medical practice or for genuine educational or research purposes.

If a court finds a person guilty of an offence against this Part, the court may order the forfeiture of anything that has been seized and consists of, or contains a record of, images taken in the course of the commission of the offence, or consists of equipment used for the commission of the offence.

A court making an order for forfeiture of any equipment or item under subsection (3) may, if it thinks fit, allow the offender or any other person an opportunity to retrieve (in accordance with any directions of the court) specified records, or other material, not involved in the commission of the offence from the equipment or item before it is so forfeited.