Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 15

  (1)   This section sets out the circumstances in which material is an intimate image of a person for the purposes of this Act.

Depiction of private parts

  (2)   Material is an intimate image of a person if:

  (a)   the material consists of a still visual image or moving visual images; and

  (b)   the material depicts, or appears to depict:

  (i)   the person's genital area or anal area (whether bare or covered by underwear); or

  (ii)   if the person is a female person or a transgender or intersex person--either or both of the person's breasts;

    in circumstances in which an ordinary reasonable person would reasonably expect to be afforded privacy.

Depiction of private activity

  (3)   Material is an intimate image of a person if:

  (a)   the material consists of a still visual image or moving visual images; and

  (b)   the material depicts, or appears to depict, the person:

  (i)   in a state of undress; or

  (ii)   using the toilet; or

  (iii)   showering; or

  (iv)   having a bath; or

  (v)   engaged in a sexual act of a kind not ordinarily done in public; or

  (vi)   engaged in any other like activity;

    in circumstances in which an ordinary reasonable person would reasonably expect to be afforded privacy.

Depiction of person without attire of religious or cultural significance

  (4)   Material is an intimate image of a person if:

  (a)   the material consists of a still visual image or moving visual images; and

  (b)   because of the person's religious or cultural background, the person consistently wears particular attire of religious or cultural significance whenever the person is in public; and

  (c)   the material depicts, or appears to depict, the person:

  (i)   without that attire; and

  (ii)   in circumstances in which an ordinary reasonable person would reasonably expect to be afforded privacy.

Interpretative provisions

  (5)   For the purposes of this section, it is immaterial whether material has been altered.

  (6)   For the purposes of this section, if material depicts, or appears to depict, a part of the body of a person, the material is taken to depict the person, or to appear to depict the person, as the case requires.