Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act, if an intimate image of a person (the depicted person ) is provided on:
(a) a social media service; or
(b) a relevant electronic service; or
(c) a designated internet service;
the provision of the intimate image on the service is an exempt provision of the intimate image if:
(d) the provision of the intimate image on the service is necessary for, or of assistance in:
(i) enforcing a law of the Commonwealth, a State or a Territory; or
(ii) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or
(e) the provision of the intimate image on the service is for the purposes of proceedings in a court or tribunal; or
(f) the provision of the intimate image on the service is for a genuine medical or scientific purpose; or
(g) an ordinary reasonable person would consider the provision of the intimate image on the service acceptable, having regard to the following matters:
(i) the nature and content of the intimate image;
(ii) the circumstances in which the intimate image was provided on the service;
(iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the depicted person;
(iv) the degree to which the provision of the intimate image on the service affects the privacy of the depicted person;
(v) if the intimate image was posted on the service by an end - user of the service--the relationship between the end - user and the depicted person;
(vi) whether the depicted person has died, and if so, how much time has elapsed since the depicted person's death;
(vii) any other relevant matters; or
(h) the following conditions are satisfied:
(i) the intimate image was posted on the service by an end - user of the service;
(ii) the end - user is a protected person (within the meaning of section 223);
(iii) the post was in connection with the exercise of a power, or the performance of a function, conferred on the Commissioner by or under this Act; or
(i) a condition determined under subsection (2) is satisfied.
(2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(i).