281BSensitive evidence—meaning

#### 281B Sensitive evidence—meaning 281B Sensitive evidence—meaning > > (1) For the purposes of this Part, anything that contains or displays an image of a person (the protected person) is sensitive evidence if— > > > > > (a) the image is obscene or indecent, or > > > > > (b) providing a copy of the image to another person without the protected person’s consent would interfere with the protected person’s privacy, or > > > > > (c) the image was taken after the death of the protected person. > > > (1A) For the purposes of this Part, an audio recording of a person committing an offence against another person (the protected person) is sensitive evidence if— > > > > > (a) the contents of the audio recording are obscene or indecent, or > > > > > (b) providing a copy of the audio recording to another person without the protected person’s consent would interfere with the protected person’s privacy. > > > (1B) The contents of an audio recording are not obscene or indecent merely because they include obscene or indecent language. > > > (1C) For this part, evidence of the kind referred to in section 306S(2) given by a child complainant for proceedings for a prescribed sexual offence is sensitive evidence. > > > (2) Without limiting subsection (1), (1A) or (1C), the following are examples of sensitive evidence— > > > > > (a) a photograph of an alleged sexual assault victim, taken in connection with a criminal investigation or criminal proceedings, that shows the person’s genitalia or otherwise shows the person in a state of undress, > > > > > (b) a video or audio recording, held or seized by a prosecuting authority, of a person committing a sexual offence, > > > > > (c) a computer hard drive, held or seized by a prosecuting authority, containing images of child pornography or child abuse material (within the meaning of Division 15A of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)), > > > > > (d) a photograph of a deceased person taken in connection with a post mortem examination, > > > > > (e) a photograph of a deceased person taken at a crime scene. > > > (3) In determining whether a thing is obscene or indecent, the fact that the thing was brought into existence, or is in the possession of a prosecuting authority, for the purpose of providing evidence of an offence is to be disregarded. > > **s 281B:** Ins 2005 No 25, Sch 1 \[5\]. Am 2010 No 9 Sch 2 \[2\]; 2012 No 67, Sch 2 \[1\]–\[3\]; 2024 No 3, Sch 5\[3\] \[4\].