Australian Capital Territory Current Acts Australian Capital Territory Current Acts(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
Example
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
Example
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
(Cwlth).
"licensed security provider" means a person who holds a licence under the Security Industry Act 2003
.
"security activity"—see the Security Industry Act 2003