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— > > > > > (a) a recording is made of the images, or > > > > > (b) the images are capable of being transmitted in real time with or without retention or storage in a physical or electronic form, or > > > > > (c) the images are otherwise capable of being distributed. > > > > distribute means— > > > > > (a) communicate, exhibit, send, supply or transmit, whether to a particular person or not, or > > > > > (b) make available for access, whether by a particular person or not, or > > > > > (c) enter into an agreement or arrangement to do any thing mentioned in paragraph (a) or (b). > > **pt 6, div 3 (ss 90–96):** Rep 2017 No 43, Sch 1 \[47\]. > > **pt 6A (ss 98A–98F):** Ins 2018 No 26, Sch 1.