Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 227A

227A Observations or recordings in breach of privacy

(1) A person who observes or visually records another person, in circumstances where a reasonable adult would expect to be afforded privacy—

(a) without the other person’s consent; and

(b) when the other person—

(i) is in a private place; or

(ii) is engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act;

commits a misdemeanour.

Penalty—

Maximum penalty—3 years imprisonment.

Example—

1 A person changing in a communal change room at a swimming pool may expect to be observed by another person who is also changing in the room but may not expect to be visually recorded.

2 A person who needs help to dress or use a toilet may expect to be observed by the person giving the help but may not expect to be observed by another person.

(2) A person who observes or visually records another person’s genital or anal region, in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region—

(a) without the other person’s consent; and

(b) when the observation or visual recording is made for the purpose of observing or visually recording the other person’s genital or anal region;

commits a misdemeanour.

Penalty—

Maximum penalty—3 years imprisonment.

Example—

using a mobile phone in a public place to take photos of women’s underwear under their skirts without their consent

(3) In this section—

"consent" means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

"genital or anal region" , of a person, means the person’s genital or anal region when it is bare or covered only by underwear.