New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 98E

98E Capturing and distributing visual data of persons in safe access zone

(1) A person must not intentionally capture visual data of another person, by any means, without that other person's consent if that other person is in a safe access zone.

: Maximum penalty--

(a) for a first offence--50 penalty units or imprisonment for 6 months, or both, or

(b) for a second or subsequent offence--100 penalty units or imprisonment for 12 months, or both.

(2) A person must not publish or distribute a recording of another person without that other person's consent if the recording--

(a) was made while that other person was in a safe access zone, and

(b) contains particulars likely to lead to the identification of that other person.

: Maximum penalty--

(a) for a first offence--50 penalty units or imprisonment for 6 months, or both, or

(b) for a second or subsequent offence--100 penalty units or imprisonment for 12 months, or both.

(3) This section does not apply to--

(a) the operation of a security camera, for security reasons only, by or on behalf of a person operating a reproductive health clinic at which abortions are provided, or premises adjacent to or near such a reproductive health clinic, or

(b) a person employed or contracted to provide services at the reproductive health clinic at which abortions are provided, or

(c) a person otherwise acting for or on behalf of a person operating a reproductive health clinic at which abortions are provided, but only if the visual data is provided either to the person operating the clinic or to a police officer, or

(d) a police officer acting in the course of the officer's duties as a police officer if the officer's conduct is reasonable in the circumstances for the performance of those duties, or

(e) a person who has another reasonable excuse.

(4) In this section--

"capture visual data" of another person means to capture moving or still images of the other person by a camera or any other means in such a way that--

(a) a recording is made of the images, or

(b) the images are capable of being transmitted in real time with or without retention or storage in a physical or electronic form, or

(c) the images are otherwise capable of being distributed.

"distribute" means--

(a) communicate, exhibit, send, supply or transmit, whether to a particular person or not, or

(b) make available for access, whether by a particular person or not, or

(c) enter into an agreement or arrangement to do any thing mentioned in paragraph (a) or (b).