Summary Offences Act 1953

A person who—

threatens to distribute a humiliating or degrading depiction of a simulated person; and

intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused, is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for 1 year.

A person who—

threatens to distribute an invasive depiction of a simulated person; and

intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused, is guilty of an offence.

Maximum penalty:

if the simulated person purports to be a real person who is under the age of 17 years, or the threat is made to a person who is under the age of 17 years—$10 000 or imprisonment for 2 years;

in any other case—$5 000 or imprisonment for 1 year.

It is a defence to a charge of an offence against this section to prove that each real person depicted in the depiction to which the offence relates gave written consent to the distribution of the humiliating or degrading depiction or invasive depiction (as the case may be).

This section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct, and may be explicit or implicit.