OK - it is in yesterday's daily Hansard for SA House of Assembly
Link :
http://hansard.parliament.sa.gov.au/pag ... 05&c=2&e=1I'll skip the waffle and quote the new section that is proposed....... emphasis (bold, italic, underline) is my addition.
4—Insertion of section 23AA
Proposed new section 23AA creates an offence to engage in indecent filming with a maximum penalty of $10 ,000 or imprisonment for 2 years. The clause defines indecent filming to mean filming of—
(a) another person in a state of undress in circumstances in which a reasonable person would expect to be afforded privacy; or
(b) another person engaged in a private act in circumstances in which a reasonable person would expect to be afforded privacy; or
(c) another person's private region in circumstances in which a reasonable person would not expect that the person's private region might be filmed.
The clause proposes a defence if the indecent filming occurred with the consent of the person filmed or if the indecent filming was undertaken by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit.
An offence is also committed if a person distributes a moving or still picture obtained by indecent filming. This carries a maximum penalty of $10 ,000 or imprisonment for 2 years. It is a defence to prove—
(a) that the person filmed consented to the distribution of the moving or still picture; or
(b) that the defendant did not know, and could not reasonably be expected to have known, that the indecent filming was without the person's consent; or
(c) that the indecent filming was undertaken by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit and the distribution of the moving or still picture was for a purpose connected with that claim.
So, in my opinion, it does not worry us as photographers -- although I would be careful pruning if you ever accidentally gained an upskirt style pic (I did once at a very drunken work party - dead cockroach imitations in a mini skirt seem funny at the time
but was best to exorcise the negative and print back to the
model
Posted: Wed Mar 05, 2008 12:40 pm
