Commonwealth Consolidated Acts

ONLINE SAFETY ACT 2021 - SECT 21

    For the purposes of the application of this Act to an intimate image or private sexual material, consent means consent that is:

  (a)   express; and

  (b)   voluntary; and

  (c)   informed;

but does not include:

  (d)   consent given by a child; or

  (e)   consent given by an adult who is in a mental or physical condition (whether temporary or permanent) that:

  (i)   makes the adult incapable of giving consent; or

  (ii)   substantially impairs the capacity of the adult to give consent.