53ODefinitions

53O Definitions

child means a person under the age of 18 years;

consent—see sections 53P and 53Q;

distribute, in relation to an image, includes—

(a) publishing the image; and

(b) exhibiting, communicating, sending, supplying or transmitting the image to any other person; and

(c) making the image available for access by any other person;

electronic material includes data from which images may be generated;

intimate image means an image depicting—

(a) a person engaged in a sexual activity; or

(b) a person in a manner or context that is sexual; or

(c) the genital or anal region of a person (whether bare or covered by underwear); or

(d) if a person is female, or a transgender or intersex person identifying as female, the breasts of the person;

intimate image disposal order means an order made under section 53Z;

intimate image offence means an offence against section 53R(1), 53S(1) or 53T(1);

place includes land, premises and a vehicle;

police officer includes a member of the Australian Federal Police;

produce, in relation to an image, means—

(a) filming, recording, taking or otherwise capturing the image; or

(b) digitally creating the image;

seized thing means a thing that came into the possession of a police officer in the course of the exercise of functions as a police officer.

(2) For the purposes of this Subdivision, an image may be—

(a) still, moving, recorded or unrecorded; and

(b) digitally created by—

(i) generating the image; or

(ii) altering or manipulating another image.

S. 53P inserted by No. 38/2022 s. 22.