ACTIn ForceAct
Crimes (Child Sex Offenders) Act 2005
79Right to privacy when being photographed
Start here
Get a plain-English read of 79
Turn the raw legal text into a practical explanation grounded in Crimes (Child Sex Offenders) Act 2005.
79 Right to privacy when being photographed
(1) A photograph taken under section 78 or section 78A must be taken—
(a) in a place where no members of the public are present; and
(b) by a person of the same sex as the registrable offender.
(2) A police officer cannot require an offender who is to be photographed
under section 78 or section 78A to expose for that purpose—
(a) the offender’s genitals; or
(b) the anal area of the offender’s buttocks; or
(c) if the offender is female, or a transgender or intersex person who
identifies as female—the offender’s breasts.
(3) A police officer present in a place while a photograph is being taken
under this section must be of the same sex as the registrable offender.
(4) If the offender is a transgender or intersex person who identifies as
female, the offender is taken to be female for this section.
(5) If the offender is a transgender or intersex person who identifies as
male, the offender is taken to be male for this section.