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Filming a Person Engaged in a Private Act is an offence under Section 91K 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:
You must be found not guilty if the prosecution is unable to prove each of these ‘elements’.
The maximum penalty increases to 5 years in prison where:
A ‘private act’ is defined as:
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