Australian Capital Territory Current Acts

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Exceptions for reasonable distribution

    (1)     An offence against section 72C or section 72D does not apply to the distribution of an intimate image—

        (a)     by a law enforcement officer acting reasonably in the performance of the officer's duty; or

        (b)     for a lawful and common practice of law enforcement, criminal reporting or a legal proceeding; or

        (c)     for the purpose of reporting unlawful conduct to a law enforcement officer; or

        (d)     by a licensed security provider acting reasonably in the performance of a security activity; or

        (e)     for a scientific, medical or educational purpose; or


a patient consents to her a doctor providing an image of a mole on her breast to another doctor for a second opinion about the mole

        (f)     by a person in the course of reasonably protecting premises owned by the person; or

        (g)     of a child or other person incapable of giving consent in circumstances in which a reasonable person would regard the distribution of the intimate image as acceptable; or


sharing a photograph or movie of a naked newborn relative

        (h)     in circumstances or for a purpose prescribed by regulation.

    (2)     Nothing in this section prevents a person being found guilty of an offence under or because of the Criminal Code

, part 2.4 (Extensions of criminal responsibility).

    (3)     In this section:

"law enforcement officer" means—

        (a)     a police officer; or

        (b)     a member of the staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002


"licensed security provider" means a person who holds a licence under the Security Industry Act 2003


"security activity"—see the Security Industry Act 2003

, section 7.

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