Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018
Tabled paper 650
Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT
Tabled by Ngaree Ah Kit
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Legislative Assembly of the Northern Territory
Examination of the Bill 21 3.24 Noting that the approach taken in the UK legislation is not one that has been adopted in equivalent legislation in any other Australian jurisdiction, the Department pointed out that it is of the view that: the element of lack of consent adequately addresses this point. It does so in two ways. First, the prosecution must prove that the defendant was reckless as to the lack of consent. If an intimate image of a person has previously been disclosed for reward, such as pictures of a lingerie model, it may be that recklessness as to lack of consent cannot be proven. Secondly, the defence of mistake of fact, under section 43AW of the Criminal Code is available. The defendant might be mistaken in certain circumstances as to consent.32 32 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.5 https://parliament.nt.gov.au/committees/spsc/CCA#TP
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