Document ID: chunk:federal_register_of_legislation:C2024C00852:section:86
Version: federal_register_of_legislation:C2024C00852
Segment Type: section
Provision Reference: s 86
Character Range: 125655–127944

86  Exempt provision of an intimate image
 (1) For the purposes of this Act, if an intimate image of a person (the depicted person) is provided on:
 (a) a social media service; or
 (b) a relevant electronic service; or
 (c) a designated internet service;
the provision of the intimate image on the service is an exempt provision of the intimate image if:
 (d) the provision of the intimate image on the service 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 provision of the intimate image on the service is for the purposes of proceedings in a court or tribunal; or
 (f) the provision of the intimate image on the service is for a genuine medical or scientific purpose; or
 (g) an ordinary reasonable person would consider the provision of the intimate image on the service 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 provided on the service;
 (iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the depicted person;
 (iv) the degree to which the provision of the intimate image on the service affects the privacy of the depicted person;
 (v) if the intimate image was posted on the service by an end‑user of the service—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) the following conditions are satisfied:
 (i) the intimate image was posted on the service by an end‑user of the service;
 (ii) the end‑user is a protected person (within the meaning of section 223);
 (iii) 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).

Part 7—Cyber‑abuse material targeted at an Australian adult