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Section 91T Crimes Act 1900

Section 91T of the Crimes Act 1900 is Exceptions and is extracted below.

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The Legislation

Section 91T of the Crimes Act 1900 deals with the offence of ‘Exceptions’ and reads as follows:

91T Exceptions

(1) A person does not commit an offence against section 91P 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 image,

(ii) the circumstances in which the image was recorded or distributed,

(iii) the age, intellectual capacity, vulnerability or other relevant circumstances of the person depicted in the image,

(iv) the degree to which the accused person’s actions affect the privacy of the person depicted in the image,

(v) the relationship between the accused person and the person depicted in the image.

(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.

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