26C—Distribution of invasive image
(1) A person who
distributes an invasive image of another person, knowing or having reason to
believe that the other person—
(a) does
not consent to that particular distribution of the image; or
(b) does
not consent to that particular distribution of the image and does not consent
to distribution of the image generally,
is guilty of an offence.
Maximum penalty:
(a) if
the invasive image is of a person under the age of
17 years—$20 000 or imprisonment for 4 years;
(b) in
any other case—$10 000 or imprisonment for 2 years.
(2) It is a defence to
a charge of an offence against this section to prove—
(a) that
the conduct constituting the offence—
(i)
was for a purpose connected to law enforcement; or
(ii)
was for a medical, legal or scientific purpose; or
(b) that
the image was filmed 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.