51ADefinitions

51A Definitions

administer, in relation to a website, includes building, developing and maintaining the website but does not include hosting the website;

authorised classifier means a person, or a person who belongs to a class of person, prescribed by the regulations for the purposes of this definition;

child means a person under the age of 18 years;

child abuse material means material that—

(a) depicts or describes—

(i) a person who is, or who appears or is implied to be, a child—

(A) as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual); or

(B) as a victim of sexual abuse; or

(C) engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or

(D) in the presence of another person who is engaged in, or apparently engaged in, a sexual pose or sexual activity; or

(ii) the genital or anal region of a person who is, or who appears or is implied to be, a child; or

(iii) the breast area of a person who is, or who appears or is implied to be, a female child; and

(b) reasonable persons would regard as being, in the circumstances, offensive;

child abuse material disposal order means an order made under section 51X(1);

child abuse material offence means an offence against a provision of this Subdivision;

classified means classified under the Commonwealth Act;

Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;

deal, in relation to child abuse material, includes any of the following—

(a) viewing, uploading or downloading child abuse material;

(b) making child abuse material available for viewing, uploading or downloading;

(c) facilitating the viewing, uploading or downloading of child abuse material;

S. 51A(1) def. of distribute inserted by No. 38/2022 s. 20(1).

distribute, in relation to material, includes—

(a) publishing the material; and

(b) exhibiting, communicating, sending, supplying or transmitting the material to any other person; and