216GIntimate visual recording defined

1. In sections 216H to 216N, intimate visual recording means a visual recording (for example, a photograph, videotape, or digital image) that is made in any medium using any device without the knowledge or consent of the person who is the subject of the recording, and the recording is of—

2. a person who is in a place which, in the circumstances, would reasonably be expected to provide privacy, and that person is—
   1. naked or has his or her genitals, pubic area, buttocks, or female breasts exposed, partially exposed, or clad solely in undergarments; or
   2. engaged in an intimate sexual activity; or
   3. engaged in showering, toileting, or other personal bodily activity that involves dressing or undressing; or
3. a person's naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made—
   1. from beneath or under a person's clothing; or
   2. through a person's outer clothing in circumstances where it is unreasonable to do so.

4. In section 216H, intimate visual recording includes an intimate visual recording that is made and transmitted in real time without retention or storage in—

5. a physical form; or
6. an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing.

Notes

• Section 216G: inserted, on 5 December 2006, by section 4 of the Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).