South Australia Summary Offences (Invasive Images and Depictions) Amendment Bill 2024 A Bill For An Act to amend the Summary Offences Act 1953. Contents Part 1—Preliminary 1 Short title Part 2—Amendment of Summary Offences Act 1953 2 Amendment of section 26C—Distribution of invasive image 3 Amendment of section 26D—Indecent filming 4 Amendment of section 26DA—Threat to distribute invasive image or image obtained from indecent filming 5 Insertion of Part 5B Part 5B—Offences related to certain artificially generated depictions 26F Interpretation 26G Creation and distribution of invasive depiction 26H Threat to distribute invasive depiction 26I General provisions The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Summary Offences (Invasive Images and Depictions) Amendment Act 2024. Part 2—Amendment of Summary Offences Act 1953 2—Amendment of section 26C—Distribution of invasive image (1) Section 26C(1), penalty provision, (a)—delete "$20 000" and substitute: $40 000 (2) Section 26C(1), penalty provision, (b)—delete "$10 000" and substitute: $20 000 3—Amendment of section 26D—Indecent filming (1) Section 26D(1), penalty provision, (a)—delete "$20 000" and substitute: $40 000 (2) Section 26D(1), penalty provision, (b)—delete "$10 000" and substitute: $20 000 (3) Section 26D(3), penalty provision, (a)—delete "$20 000" and substitute: $40 000 (4) Section 26D(3), penalty provision, (b)—delete "$10 000" and substitute: $20 000 4—Amendment of section 26DA—Threat to distribute invasive image or image obtained from indecent filming (1) Section 26DA(1), penalty provision, (a)—delete "$10 000" and substitute: $20 000 (2) Section 26DA(1), penalty provision, (b)—delete "$5 000" and substitute: $10 000 (3) Section 26DA(2), penalty provision, (a)—delete "$10 000" and substitute: $20 000 (4) Section 26DA(2), penalty provision, (b)—delete "$5 000" and substitute: $10 000 5—Insertion of Part 5B After section 26E insert: Part 5B—Offences related to certain artificially generated depictions 26F—Interpretation (1) In this Part— artificially generated content means an audiovisual or visual content that— (a) is generated wholly by artificial intelligence; or (b) is created by a person or persons solely using digital technology, but does not include content that consists of or incorporates an image within the meaning of Part 5A; depicted person means a person depicted in an artificially generated content that— (a) purports to be a depiction of a particular real person; or (b) so closely resembles a depiction of a particular real person that a reasonable person who knew the real person would consider it likely to be a depiction of the real person; depiction includes an audiovisual or visual depiction of a real person; distribute has the same meaning as in Part 5A; invasive depiction, in relation to a depicted person, means artificially generated content depicting— (a) the depicted person in a state of undress such that— (i) in the case of a depicted female person—the bare breasts are visible; or (ii) in any case—the bare genital or anal region is visible; or (b) the depicted person performing a private act, however, a depiction of a depicted person that falls within the standards of morality, decency and propriety generally accepted by reasonable adults in the community will not be taken to be an invasive depiction; private act means— (a) a sexual act; or (b) an act carried out in a sexual manner; or (c) urinating or defecating; (2) For the purposes of this Part, a reference to the breasts, or genital or anal region, of a person, or a reference to an actual place, act or item, will, in the case of artificially generated content, be taken to include a reference to an artificial depiction of those things. 26G—Creation and distribution of invasive depiction (1) A person who creates an invasive depiction of a depicted person is guilty of an offence. Maximum penalty: (a) if the depicted person purports to be a real person who is under the age of 17 years—$20 000 or imprisonment for 2 years; (b) in any other case—$10 000 or imprisonment for 1 year. (2) A person who distributes an invasive depiction of a depicted person is guilty of an offence. Maximum penalty: (a) if the depicted person purports to be a real person who is under the age of 17 years—$40 000 or imprisonment for 4 years; (b) in any other case—$20 000 or imprisonment for 2 years. (3) No offence is committed against subsection (2) by law enforcement personnel and legal practitioners, or their agents, acting in the course of law enforcement or legal proceedings. (4) It is a defence to a charge of an offence against this section to prove that the creation or distribution of the invasive depiction occurred with the consent of each real person depicted in the artificially generated content to which the offence relates. 26H—Threat to distribute invasive depiction (1) A person who— (a) threatens to distribute an invasive depiction of a depicted person; and (b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused, is guilty of an offence. Maximum penalty: (a) if the depicted person purports to be a real person who is under the age of 17 years, or the threat is made to a person who is under the age of 17 years—$20 000 or imprisonment for 2 years; (b) in any other case—$10 000 or imprisonment for 1 year. (2) It is a defence to a charge of an offence against this section to prove that each real person depicted in the depiction to which the offence relates consented to the distribution of the invasive depiction. (3) This section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct, and may be explicit or implicit. 26I—General provisions (1) An apparent consent will not be an effective consent for the purposes of this Part if— (a) given by a person who is under the age of 17 years or with a cognitive impairment; or (b) obtained from a person by duress or deception. (2) If a court finds a person guilty of an offence against this Part, the court may order the forfeiture of anything that has been seized and consists of, or contains a record of, artificially generated content used in the course of the commission of the offence, or consists of equipment used for the commission of the offence. (3) A court making an order for forfeiture of any equipment or item under subsection (2) may, if it thinks fit, allow the offender or any other person an opportunity to retrieve (in accordance with any directions of the court) specified records, or other material, not involved in the commission of the offence from the equipment or item before it is so forfeited.