98ECapturing and distributing visual data of persons in safe access zone

98E Capturing and distributing visual data of persons in safe access zone

98E Capturing and distributing visual data of persons in safe access zone

(1) A person must not intentionally capture visual data of another person, by any means, without that other person’s consent if that other person is in a safe access zone.

Maximum penalty—

(a) for a first offence—50 penalty units or imprisonment for 6 months, or both, or

(b) for a second or subsequent offence—100 penalty units or imprisonment for 12 months, or both.

(2) A person must not publish or distribute a recording of another person without that other person’s consent if the recording—

(a) was made while that other person was in a safe access zone, and

(b) contains particulars likely to lead to the identification of that other person.

Maximum penalty—

(a) for a first offence—50 penalty units or imprisonment for 6 months, or both, or

(b) for a second or subsequent offence—100 penalty units or imprisonment for 12 months, or both.

(3) This section does not apply to—

(a) the operation of a security camera, for security reasons only, by or on behalf of a person operating a reproductive health clinic at which abortions are provided, or premises adjacent to or near such a reproductive health clinic, or

(b) a person employed or contracted to provide services at the reproductive health clinic at which abortions are provided, or

(c) a person otherwise acting for or on behalf of a person operating a reproductive health clinic at which abortions are provided, but only if the visual data is provided either to the person operating the clinic or to a police officer, or

(d) a police officer acting in the course of the officer’s duties as a police officer if the officer’s conduct is reasonable in the circumstances for the performance of those duties, or

(e) a person who has another reasonable excuse.

(4) In this section—

capture visual data of another person means to capture moving or still images of the other person by a camera or any other means in such a way that—