Document ID: chunk:federal_register_of_legislation:C2022C00068:clause:1_44m
Version: federal_register_of_legislation:C2022C00068
Segment Type: clause
Provision Reference: sch 1 cl 44M
Character Range: 30007–31788

44M  Exempt post of an intimate image
 (1) For the purposes of this Act, if an end‑user of:
 (a) a social media service; or
 (b) a relevant electronic service; or
 (c) a designated internet service;
posts an intimate image of a person (the depicted person) on the service, the post is an exempt post if:
 (d) the post 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 post is for the purposes of proceedings in a court or tribunal; or
 (f) the post is for a genuine medical or scientific purpose; or
 (g) an ordinary reasonable person would consider the post 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 posted;
 (iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the depicted person;
 (iv) the degree to which the posting of the intimate image affects the privacy of the depicted person;
 (v) 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) both:
 (i) the end‑user is a protected person (within the meaning of section 91); and
 (ii) 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).