New visual recording offences

Burton, Kelley J. (2006) New visual recording offences. Queensland Lawyer, 26(4), p. 188.

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Abstract

The Standing Committee of Attorneys-General’s discussion paper entitled, "Unauthorised Photographs on the Internet and Ancillary Privacy Issues," mentions several recent incidents in the media where people have visually recorded (for example, via mobile phone cameras and concealed digital cameras) other members of the community in public places without consent and published them on the internet. The Queensland Attorney-General and Minister for Justice identified this as an area in need of urgent law reform, (Linda Lavarch, ‘Linda Closes Loophole in Privacy Laws’ 21 August 2005 http://www.lindalavarch.com/Privacy-approve.doc viewed at 14 December 2005.) and introduced new offences for observing and recording other people without consent and for distributing prohibited visual recordings in the Justice and Other Legislation Amendment Bill 2005 (Qld) on 8 November 2005. The maximum penalty for these offences is two years imprisonment. These new offences were passed by the Queensland Parliament and commenced on 8 December 2005 (Justice and Other Legislation Amendment Act 2005 (Qld), s 2; Acts Interpretation Act 1954 (Qld), s 15A.). This section commentary will examine the scope of these new offences.

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ID Code: 4177
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: visual recordings, privacy, voyeurism, photographs
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Criminal Law and Procedure (180110)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2006 Lawbook Co.
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 17 May 2006 00:00
Last Modified: 09 Jun 2010 12:32

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