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Civil Law (Wrongs) Act 2002
116Definitions—ch 9
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116 Definitions—ch 9
access prevention step, in relation to the publication of digital matter,
means a step—
(a) to remove the matter; or
(b) to block, disable or otherwise prevent access, whether by some
or all people, to the matter.
aggrieved person, for division 9.3.1 (Concerns notices and offers to
applicable period, for an offer to make amends, for division 9.3.1
(Concerns notices and offers to make amends)—see section 126.
associated entity—see the Corporations Act, section 50AAA.
Australian court means any court established by or under a law of an
Australian jurisdiction (including a court conducting committal
proceedings for an indictable offence).
Australian jurisdiction means—
(a) a State; or
(b) a Territory; or
(c) the Commonwealth.
Australian tribunal means any tribunal (other than a court)
established by or under a law of an Australian jurisdiction that has the
power to take evidence from witnesses before it on oath (including a
royal commission or other special commission of inquiry).
Note Oath includes affirmation and take an oath includes make an affirmation
(see Legislation Act, dict, pt 1).
caching service, for division 9.2.2A (Exemptions from liability for
concerns notice, for division 9.3.1 (Concerns notices and offers to
make amends)—see section 124A.
conduit service, for division 9.2.2A (Exemptions from liability for
country includes—
(a) a federation and a state, territory, province or other part of a
federation; and
(b) an Australian jurisdiction.
digital intermediary, in relation to the publication of digital matter,
means a person, other than an author, originator or poster of the
matter, who provides or administers the online service by means of
which the matter is published.
Note There may be more than 1 digital intermediary in relation to the
publication of the same digital matter.
digital matter means matter published in electronic form by means of
an online service.
document means any record of information, and includes—
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to interpret
them; and
(c) anything from which sounds, images or writings can be
reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph.
electronic communication includes a communication of information
in the form of data, text, images or sound (or any combination of
these) by means of guided or unguided electromagnetic energy, or
excluded corporation—see section 121.
further particulars notice, for division 9.3.1 (Concerns notices and
offers to make amends)—see section 124A (3).
general law means the common law and equity.
matter includes—
(a) an article, report, advertisement or other thing communicated by
means of a newspaper, magazine or other periodical; and
(b) a program, report, advertisement or other thing communicated
by means of television, radio, the internet or any other form of
electronic communication; and
(c) a letter, note or other writing; and
(d) a picture, gesture or oral utterance; and
(e) any other thing by means of which something may be
communicated to a person.
matter in question, for division 9.3.1 (Concerns notices and offers to
offer to make amends means an offer to make amends under
division 9.3.1.
online service means a service provided to a person, whether or not
it is requested or it is for a fee or reward, to enable the person to use
the internet, including, without limitation, a service enabling a
person—
(a) to access or connect to the internet; or
(b) to use the internet to do 1 or more of the following:
(i) send or receive content;
(ii) store content;
(iii) index content;
(iv) search for content;
(v) share content;
(vi) interact with other people.
1 an internet-based social media platform
2 a forum created or administered by a person using a facility provided by an
internet-based social media platform that enables users to share content or
interact with other users about a topic
3 a website or other internet-based platform that enables knowledge to be shared
by or with its users
parliamentary body means—
(a) a parliament or legislature of any country; or
(b) a house of a parliament or legislature of any country; or
(c) a committee of a parliament or legislature of any country; or
(d) a committee of a house or houses of a parliament or legislature
of any country.
poster, in relation to the publication of digital matter, means a person
who uses the online service by means of which the matter is published
for the purpose of communicating the matter to 1 or more other
people.
publisher, for division 9.3.1 (Concerns notices and offers to make
amends)—see section 124.
search engine, for division 9.2.2A (Exemptions from liability for
search engine provider, for a search engine, for division 9.2.2A
(Exemptions from liability for digital intermediaries)—see
section 122B.
search result, for division 9.2.2A (Exemptions from liability for
storage service, for division 9.2.2A (Exemptions from liability for
substantially true means true in substance or not materially different
from the truth.
this jurisdiction means the Territory.