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Contravening an Intimate Image Rectification Order

Contravening an intimate image rectification order is an offence under section 91S of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were found guilty of an intimate image offence
  2. You were ordered by the court to take reasonable steps to remove, retract, recover, delete or destroy an intimate image within a specified period of time
  3. You contravened that order, and
  4. You did not have a reasonable excuse for the contravention.

An ‘intimate image offence’ is an offence under:

  1. Section 91P of the Crimes Act – Recording an intimate image without consent, or
  2. Section 91Q of the Crimes Act – Distributing an intimate image without consent.

Whether you had a ‘reasonable excuse’ for the contravention is a factual matter determined by the court.

Duress is a defence to the charge.

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