Document ID: chunk:federal_register_of_legislation:C2022C00068:clause:1_44b
Version: federal_register_of_legislation:C2022C00068
Segment Type: clause
Provision Reference: sch 1 cl 44B
Character Range: 21200–23161

44B  Posting an intimate image
 (1) A person (the first person) must not post, or make a threat to post, an intimate image of another person (the second person) on:
 (a) a social media service; or
 (b) a relevant electronic service; or
 (c) a designated internet service;
if:
 (d) the first person is ordinarily resident in Australia; or
 (e) the second person is ordinarily resident in Australia.
Civil penalty: 500 penalty units.

Consent
 (2) Subsection (1) does not apply if the second person consented to the posting of the intimate image by the first person.
Note: In proceedings for a civil penalty order against a person for a contravention of subsection (1), the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers (Standard Provisions) Act 2014).

Depiction of second person without attire of religious or cultural significance
 (3) Subsection (1) does not apply if:
 (a) the intimate image is covered by subsection 9B(4) because it depicts, or appears to depict, the second person without particular attire of religious or cultural significance; and
 (b) the first person did not know that, because of the second person's religious or cultural background, the second person consistently wears that attire whenever the second person is in public.
Note: In proceedings for a civil penalty order against a person for a contravention of subsection (1), the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers (Standard Provisions) Act 2014).

Exempt post
 (4) Subsection (1) does not apply if the post of the intimate image is, or would be, an exempt post.
Note: In proceedings for a civil penalty order against a person for a contravention of subsection (1), the person bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers (Standard Provisions) Act 2014).