NSWIn ForceAct
Defamation Act 2005
4Definitions
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#### 4 Definitions
4 Definitions
> In this Act—
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> access prevention step, in relation to the publication of digital matter, means a step—
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> > (a) to remove the matter, or
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> > (b) to block, disable or otherwise prevent access, whether by some or all persons, to the matter.
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> applicable period for an offer to make amends is defined by section 14.
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> associated entity has the same meaning as in section 50AAA of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.
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> 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).
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> Australian jurisdiction means—
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> > (a) a State, or
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> > (b) a Territory, or
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> > (c) the Commonwealth.
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> 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 or affirmation (including a Royal Commission or other special commission of inquiry).
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> caching service is defined for Part 2, Division 2A by section 10B.
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> concerns notice is defined by section 12A.
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> conduit service is defined for Part 2, Division 2A by section 10B.
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> country includes—
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> > (a) a federation and a state, territory, province or other part of a federation, and
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> > (b) an Australian jurisdiction.
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> 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.
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> Note—
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> There may be more than 1 digital intermediary in relation to the publication of the same digital matter.
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> digital matter means matter published in electronic form by means of an online service.
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> document means any record of information, and includes—
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> > (a) anything on which there is writing, and
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> > (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them, and
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> > (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else, and
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> > (d) a map, plan, drawing or photograph.
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> 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 both.
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> excluded corporation means an excluded corporation referred to in section 9.
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> further particulars notice means a further particulars notice referred to in section 12A(3).
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> general law means the common law and equity.
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> Health Practitioner Regulation National Law means—
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> > (a) the Health Practitioner Regulation National Law—
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> > > (i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, and
> >
> > > (ii) as it applies (including with any modifications) as a law of New South Wales or another State or Territory, or
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> > (b) the law of another State or Territory that substantially corresponds to the law referred to in paragraph (a).
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> matter includes—
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> > (a) an article, report, advertisement or other thing communicated by means of a newspaper, magazine or other periodical, and
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> > (b) a program, report, advertisement or other thing communicated by means of television, radio, the Internet or any other form of electronic communication, and
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> > (c) a letter, note or other writing, and
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> > (d) a picture, gesture or oral utterance, and
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> > (e) any other thing by means of which something may be communicated to a person.
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> offer to make amends means an offer to make amends under Division 1 of Part 3.
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> 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—
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> > (a) to access or connect to the internet, or
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> > (b) to use the internet to do 1 or more of the following—
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> > > (i) send or receive content,
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> > > (ii) store content,
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> > > (iii) index content,
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> > > (iv) search for content,
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> > > (v) share content,
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> > > (vi) interact with other persons.
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> Examples of an online service—
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> > 1 An internet-based social media platform.
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> > 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.
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> > 3 A website or other internet-based platform that enables knowledge to be shared by or with its users.
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> parliamentary body means—
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> > (a) a parliament or legislature of any country, or
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> > (b) a house of a parliament or legislature of any country, or
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> > (c) a committee of a parliament or legislature of any country, or
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> > (d) a committee of a house or houses of a parliament or legislature of any country.
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> 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 persons.
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> search engine is defined for Part 2, Division 2A by section 10B.
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> search engine provider is defined for Part 2, Division 2A by section 10B.
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> search result is defined for Part 2, Division 2A by section 10B.
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> storage service is defined for Part 2, Division 2A by section 10B.
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> substantially true means true in substance or not materially different from the truth.
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> Territory means the Australian Capital Territory or the Northern Territory.
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> this jurisdiction means New South Wales.
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> **s 4:** Am 2017 No 50, Sch 5.7; 2020 No 16, Sch 1\[1\]; 2023 No 36, Sch 1\[1\].