VICIn ForceAct
Summary Offences Act 1966
40Definitions
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40 Definitions
S. 40 def. of *child* repealed by No. 38/2022 s. 27(a).
S. 40 def. of *community standards of acceptable conduct* inserted by No. 74/2014 s. 24, repealed by No. 38/2022 s. 27(a).
S. 40 def. of *consent* inserted by No. 74/2014 s. 24.
***consent*** means free agreement;
***device*** means device of any kind capable of being used to observe a person's genital or anal region including—
(a) a mirror; and
(b) a tool when used to make an aperture; and
(c) a ladder—
but does not include spectacles, contact lenses or a similar device when used by a person with impaired sight to overcome that impairment;
S. 40 def. of *distribute* repealed by No. 38/2022 s. 27(a).
***genital or anal region***, in relation to a person, means the person's genital or anal region whether bare or covered by underwear;
S. 40 def. of *intimate image* inserted by No. 74/2014 s. 24, repealed by No. 38/2022 s. 27(a).
S. 40 def. of *law enforcement officer* amended by No. 37/2014 s. 10(Sch. item 160.13), repealed by No. 55/2025 s. 87.
S. 40 def. of *place* amended by No. 38/2022 s. 27(b).
***place*** includes land, premises and a vehicle.
S. 40 def. of *visually capture* repealed by No. 38/2022 s. 27(a).
New s. 41
inserted by No. 49/2007 s. 3, amended by No. 38/2022 s. 28.