Victorian Current Acts

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    (1)     In this Subdivision—

"child "means a person under the age of 18 years;

"consent"—see sections 53P and 53Q;

"distribute", in relation to an image, includes—

        (a)     publishing the image; and

        (b)     exhibiting, communicating, sending, supplying or transmitting the image to any other person; and

        (c)     making the image available for access by any other person;

"electronic material" includes data from which images may be generated;

"intimate image" means an image depicting—

        (a)     a person engaged in a sexual activity; or

        (b)     a person in a manner or context that is sexual; or

        (c)     the genital or anal region of a person (whether bare or covered by underwear); or

        (d)     if a person is female, or a transgender or intersex person identifying as female, the breasts of the person;

"intimate image disposal order" means an order made under section 53Z;

"intimate image offence" means an offence against section 53R(1) , 53S(1) or 53T(1);

"place" includes land, premises and a vehicle;

"police officer" includes a member of the Australian Federal Police;

"produce", in relation to an image, means—

        (a)     filming, recording, taking or otherwise capturing the image; or

        (b)     digitally creating the image;

"seized thing" means a thing that came into the possession of a police officer in the course of the exercise of functions as a police officer.

    (2)     For the purposes of this Subdivision, an image may be—

        (a)     still, moving, recorded or unrecorded; and

        (b)     digitally created by—

              (i)     generating the image; or

              (ii)     altering or manipulating another image.

S. 53P inserted by No. 38/2022 s. 22.

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