Exceptions
(1) A person does not commit an offence against section 91P, 91PA or 91Q if— (a) the conduct alleged to constitute the offence was done for a genuine medical or scientific purpose, or (b) the conduct alleged to constitute the offence was done by a law enforcement officer for a genuine law enforcement purpose, or (c) the conduct alleged to constitute the offence was required by a court or otherwise reasonably necessary to be done for the purpose of legal proceedings, or (d) a reasonable person would consider the conduct of the accused person acceptable, having regard to each of the following (to the extent relevant)— (i) the nature and content of the intimate image or audio material, (ii) the circumstances in which the intimate image or audio material was recorded, created, altered or distributed, (iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the person depicted or heard in the intimate image or audio material, (iv) the degree to which the accused person’s actions affect the privacy of the person depicted or heard in the intimate image or audio material, (v) the relationship between the accused person and the person depicted or heard in the intimate image or audio material. (2) In this section— law enforcement officer means a police officer or other person who exercises law enforcement functions under a law of this State, another State, a Territory or the Commonwealth.
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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