New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2004 - SCHEDULE 8

SCHEDULE 8 – Amendment of Summary Offences Act 1988 No 25

(Section 3)

Part 3B

Insert after Part 3A:

Part 3B - Filming for indecent purposes

21G Filming for indecent purposes

(1) Any person who films, or attempts to film, another person to provide sexual arousal or sexual gratification, whether for himself or herself or for a third person, where the other person:

(a) is in a state of undress, or is engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy, and

(b) does not consent to being filmed,

is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.

(2) For the purposes of this section:

(a) a person "films another person" if the person causes one or more images (whether still or moving) of another person to be recorded or transmitted for the purpose of enabling himself or herself, or a third person, to observe those images (whether while the other person is being filmed or later), and

(b) a person is "engaged in a private act" if the person is engaged in using the toilet, showering or bathing, carrying on a sexual act of a kind not ordinarily done in public or any other like activity.

21H Installing device to facilitate filming for indecent purposes Any person who installs any device, or constructs or adapts the fabric of any building, vehicle, vessel, tent or temporary structure for the purpose of facilitating the installation or operation of any device, with the intention of enabling that or any other person to commit an offence under section 21G is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.

Note: This amendment inserts a new Part 3B into the Summary Offences Act 1988 . The new Part contains two offences: filming for indecent purposes and installing a device to facilitate filming for indecent purposes. In this context, "filming for indecent purposes" involves filming, for one's own or someone else's sexual arousal or sexual gratification, some other person who is undressed, or is using the toilet or engaged in a private sexual act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy.