86Exempt provision of an intimate image

86 Exempt provision of an intimate image

(1) For the purposes of this Act, if an intimate image of a person (the depicted person) is provided on: (a) a social media service; or (b) a relevant electronic service; or (c) a designated internet service; the provision of the intimate image on the service is an exempt provision of the intimate image if: (d) the provision of the intimate image on the service is necessary for, or of assistance in: (i) enforcing a law of the Commonwealth, a State or a Territory; or (ii) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or (e) the provision of the intimate image on the service is for the purposes of proceedings in a court or tribunal; or (f) the provision of the intimate image on the service is for a genuine medical or scientific purpose; or (g) an ordinary reasonable person would consider the provision of the intimate image on the service acceptable, having regard to the following matters: (i) the nature and content of the intimate image; (ii) the circumstances in which the intimate image was provided on the service; (iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the depicted person; (iv) the degree to which the provision of the intimate image on the service affects the privacy of the depicted person; (v) if the intimate image was posted on the service by an end‑user of the service—the relationship between the end‑user and the depicted person; (vi) whether the depicted person has died, and if so, how much time has elapsed since the depicted person’s death; (vii) any other relevant matters; or (h) the following conditions are satisfied: (i) the intimate image was posted on the service by an end‑user of the service; (ii) the end‑user is a protected person (within the meaning of section 223); (iii) the post was in connection with the exercise of a power, or the performance of a function, conferred on the Commissioner by or under this Act; or (i) a condition determined under subsection (2) is satisfied. (2) The Minister may, by legislative instrument, determine one or more conditions for the purposes of paragraph (1)(i).