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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Indecent Filming) Amendment
Bill 2008
A BILL FOR
An Act to amend the Summary Offences Act 1953.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Summary Offences
Act 1953
4 Insertion of section
23AA
23AA Indecent filming
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Indecent Filming)
Amendment Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Summary Offences
Act 1953
After section 23 insert:
23AA—Indecent filming
(1) A person must not engage in indecent filming.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) It is a defence to a charge of an offence against subsection (1)
to prove—
(a) that the indecent filming occurred with the consent of the person
filmed; or
(b) that the indecent filming was undertaken by a licensed investigation
agent within the meaning of the Security and Investigation Agents
Act 1995 and occurred in the course of obtaining evidence in connection
with a claim for compensation, damages, a payment under a contract or some other
benefit.
(3) A person must not distribute a moving or still picture obtained by
indecent filming.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) It is a defence to a charge of an offence against subsection (3)
to prove—
(a) that the person filmed consented to the distribution of the moving or
still picture; or
(b) that the defendant did not know, and could not reasonably be expected
to have known, that the indecent filming was without the person's consent;
or
(c) that the indecent filming was undertaken by a licensed investigation
agent within the meaning of the Security and Investigation Agents
Act 1995 and occurred in the course of obtaining evidence in connection
with a claim for compensation, damages, a payment under a contract or some other
benefit and the distribution of the moving or still picture was for a purpose
connected with that claim.
(5) An apparent consent will not be an effective consent for the purposes
of this section if—
(a) given by a person who is under 16 years of age or mentally
incapacitated; or
(b) obtained from a person by duress or deception.
(6) Law enforcement personnel and legal practitioners, or their agents,
acting in the course of law enforcement or legal proceedings do not commit an
offence under this section.
(7) If a court convicts a person of an offence against this section the
court may order the forfeiture of anything that has been seized and consists of,
or contains a record of, moving or still pictures taken in the course of the
commission of the offence, or consists of equipment used for the commission of
the offence.
(8) In this section—
distribute includes—
(a) communicate, exhibit, send, supply or transmit; and
(b) make available for access by another; and
(c) enter into an agreement or arrangement to do something contemplated by
paragraphs (a) and (b); and
(d) attempt to distribute;
film means take moving or still pictures by any
means;
indecent filming means filming of—
(a) another person in a state of undress in circumstances in which a
reasonable person would expect to be afforded privacy; or
(b) another person engaged in a private act in circumstances in which a
reasonable person would expect to be afforded privacy; or
(c) another person's private region in circumstances in which a reasonable
person would not expect that the person's private region might be
filmed;
law enforcement personnel means police officers or officers
of a law enforcement agency;
private act means—
(a) a sexual act of a kind not ordinarily done in public; or
(b) using a toilet;
private region of a person means the person's genital or anal
region when covered by underwear or bare.