New South Wales Consolidated Acts

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91I Definitions

(1) In this Division--

"building" includes a vehicle, vessel, tent or temporary structure.

"private parts" means--
(a) a person's genital area or anal area, whether bare or covered by underwear, or
(b) the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breasts are sexually developed.
(2) For the purposes of this Division, a person is
"engaged in a private act" if--
(a) the person is in a state of undress, using the toilet, showering or bathing, engaged in a sexual act of a kind not ordinarily done in public, or engaged in any other like activity, and
(b) the circumstances are such that a reasonable person would reasonably expect to be afforded privacy.
(3) For the purposes of this Division, a person
"films" another person, or another person's private parts, if the person causes one or more images (whether still or moving) of the other person or the other person's private parts to be recorded or transmitted for the purpose of enabling the person or a third person to observe those images (whether during the filming or later).

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