Definitions
(1) In this Division— digitally generated, in relation to images or audio, includes images or audio created by generative artificial intelligence. distribute includes— (a) send, supply, exhibit, transmit or communicate to another person, or (b) make available for viewing or access by another person, whether in person or by electronic, digital or any other means. engaged in a private act means— (a) in a state of undress, or (b) using the toilet, showering or bathing, or (c) engaged in a sexual act of a kind not ordinarily done in public, or (d) engaged in any other like activity. image means a still or moving image, whether or not altered. intimate audio material means any of the following audio in circumstances in which a reasonable person would reasonably expect to be afforded privacy— (a) audio of a person that is sexual in nature or relates to engagement in a private act, (b) audio of a person that has been altered to contain material that is sexual in nature or relates to engagement in a private act, (c) audio of a simulated person that is sexual in nature or relates to engagement in a private act. intimate image material means any of the following images in circumstances in which a reasonable person would reasonably expect to be afforded privacy— (a) an image of a person’s private parts or of a person engaged in a private act, (b) an image that has been altered to appear to show a person’s private parts or a person engaged in a private act, (c) an image of a simulated person’s private parts or of a simulated person engaged in a private act. intimate image or audio material means— (a) intimate image material, or (b) intimate audio material. private parts means— (a) a person’s genital area or anal area, whether bare or covered by underwear, or (b) the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breasts are sexually developed. record an image or audio means record, take or capture an image or audio, by any means. simulated person means a person depicted in a digitally generated image or in digitally generated audio that either— (a) expressly purports to be a genuine depiction of an identifiable real person, or (b) so closely resembles an identifiable real person that a reasonable person who knew the real person would consider the image or audio to be a genuine depiction of the real person. (2) A person may be regarded as having distributed an image or audio to another person whether or not the other person views or accesses the image or audio.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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