It is a criminal offence under Section 91M of the Crimes Act 1900 (NSW) to install a device or alter a building with the purpose of facilitating the observation or filming of another person. This offence may enable further offences, such as those under Sections 91J, 91K, or 91L.

Elements

For a conviction, the prosecution must establish each of the following elements beyond reasonable doubt:

• The Act: The accused installed a device or made adaptations to a building.
• Consent: The observation or filming occurred without the consent of the person being observed or filmed.
• Intention: The accused intended to facilitate the observation or filming of another person, which may involve capturing intimate images or enabling related offences under sections 91J, 91K, or 91L.

Penalties

A person found guilty of this offence faces severe consequences, including:

• A fine of up to 100 penalty units; and/or
• Imprisonment for up to two years.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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