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 of child repealed by No. 38/2022 s. 27(a).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 of community standards of acceptable conduct inserted by No. 74/2014 s. 24, repealed by No. 38/2022 s. 27(a).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 of distribute repealed by No. 38/2022 s. 27(a).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 of intimate image inserted by No. 74/2014 s. 24, repealed by No. 38/2022 s. 27(a).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 item 160.13), repealed by No. 55/2025 s. 87.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 of visually capture repealed by No. 38/2022 s. 27(a).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.