Crimes Act 1958

the person does not say or do anything to indicate consent to the production or distribution of the intimate image;

the person agrees to the production or distribution of the intimate image because of force, a fear of force, harm of any type or a fear of harm of any type, whether to that person or someone else, regardless of—

when the force, harm or conduct giving rise to the fear occurs; and

whether it is, or is a result of, a single incident or part of an ongoing pattern;

economic or financial harm;

reputational harm;

harm to the person's family, cultural or community relationships;

harm to the person's employment;

family violence involving psychological abuse or harm to mental health;

sexual harassment.

the person agrees to the production or distribution of the intimate image because of coercion or intimidation—

regardless of when the coercion or intimidation occurs; and

whether it is, or is a result of, a single incident or is part of an ongoing pattern;

the person agrees to the production or distribution of the intimate image because the person is overborne by the abuse of a relationship of authority or trust;

the person is asleep or unconscious;

the person is so affected by alcohol or another drug as to be incapable of consenting to the production or distribution of the intimate image;

the person is so affected by alcohol or another drug as to be incapable of withdrawing consent to the production or distribution of the intimate image.