5Definitions

#### 5 Definitions In this Act: > abhorrent violent conduct has the same meaning as in Subdivision H of Division 474 of the Criminal Code. > access includes: (a) access that is subject to a pre‑condition (for example, the use of a password); and (b) access by way of push technology; and (c) access by way of a standing request. > access‑control system, in relation to material, means a system under which: (a) persons seeking access to the material have a password, or a Personal Identification Number, that provides a means of limiting access by other persons to the material; or (b) persons seeking access to the material have been provided with some other means of limiting access by other persons to the material. > account includes: (a) a free account; and (b) a pre‑paid account; and (c) anything that may reasonably be regarded as the equivalent of an account. > ACMA means the Australian Communications and Media Authority. > adult means an individual who is 18 or older. > age‑restricted social media platform has the meaning given by section 63C. > age‑restricted user means an Australian child who has not reached 16 years. > app includes a computer program. > app distribution service means a service that enables end‑users to download apps, where the download of the apps is by means of a carriage service. > app removal notice means a notice given under section 128. > Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund. > Australia, when used in a geographical sense, includes all the external Territories. > Australian adult means an adult who is ordinarily resident in Australia. > Australian child means a child who is ordinarily resident in Australia. > Australian hosting service provider means a person who provides a hosting service that involves hosting material in Australia. > Australian police force means: (a) the Australian Federal Police; or (b) the police force of a State or Territory. > Australians means individuals who are ordinarily resident in Australia. > basic online safety expectations has the meaning given by section 45. > blocking notice means a notice under section 99. > blocking request means a request under section 95. > broadcasting service has the same meaning as in the Broadcasting Services Act 1992. > carriage service has the same meaning as in the Telecommunications Act 1997. > child means an individual who has not reached 18 years. > civil proceeding includes a civil action. > class 1 material has the meaning given by section 106. > class 2 material has the meaning given by section 107. > Classification Board means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995. > Commissioner means the eSafety Commissioner. > Note: See section 26. > computer game has the same meaning as in the Classification (Publications, Films and Computer Games) Act 1995. > consent, when used in relation to an intimate image or private sexual material, has the meaning given by section 21. > Convention on the Rights of the Child means the Convention on the Rights of the Child done at New York on 20 November 1989. > Note: The Convention is in Australian Treaty Series 1991 No. 4 (\[1991\] ATS 4) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). > court/tribunal proceedings means words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of a court or a tribunal, and includes: (a) evidence given before the court or tribunal; and (b) a document presented or submitted to the court or tribunal; and (c) a document issued or published by, or with the authority of, the court or tribunal. > cyber‑abuse material targeted at an Australian adult has the meaning given by section 7. > cyber‑bullying material targeted at an Australian child has the meaning given by section 6. > data storage device means any article or material (for example, a disk or file server) from which information is capable of being reproduced, with or without the aid of any other article or device. > de‑identified: information is de‑identified if the information is no longer about: (a) an identifiable individual; or (b) an individual who is reasonably identifiable. > designated internet service has the meaning given by section 14. > electronic message has the same meaning as in the Spam Act 2003. > electronic service means: (a) a service that allows end‑users to access material using a carriage service; or (b) a service that delivers material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service; but does not include: (c) a broadcasting service; or (d) a datacasting service (within the meaning of the Broadcasting Services Act 1992). > end‑user notice means a notice under subsection 70(1). > engage in conduct means: (a) do an act; or (b) omit to perform an act. > exempt court/tribunal content service means a service to the extent to which it delivers, or provides access to, material that consists of court/tribunal proceedings. > exempt official‑inquiry content service means a service to the extent to which it delivers, or provides access to, material that consists of official‑inquiry proceedings. > exempt Parliamentary content service means a service to the extent to which it delivers, or provides access to, material that consists of Parliamentary proceedings. > exempt provision of an intimate image has the meaning given by section 86. > Federal Court means the Federal Court of Australia. > film has the same meaning as in the Classification (Publications, Films and Computer Games) Act 1995. > hosting service has the meaning given by section 17. > hosting service provider means a person who provides a hosting service. > immediate circle has the same meaning as in the Telecommunications Act 1997. > internet carriage service means a listed carriage service that enables end‑users to access the internet. > internet service provider has the meaning given by section 19. > intimate image has the meaning given by section 15. > legislative rules means rules made under section 240. > link deletion notice means a notice given under section 124. > listed carriage service has the same meaning as in the Telecommunications Act 1997. > material means material: (a) whether in the form of text; or (b) whether in the form of data; or (c) whether in the form of speech, music or other sounds; or (d) whether in the form of visual images (moving or otherwise); or (e) whether in any other form; or (f) whether in any combination of forms. > material that depicts abhorrent violent conduct has the meaning given by section 9. > National Classification Code means the Code (within the meaning of the Classification (Publications, Films and Computer Games) Act 1995). > non‑consensual intimate image of a person has the meaning given by section 16. > objection notice means a notice under section 33. > official‑inquiry proceedings means words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of: (a) a Royal Commission; or (b) an official inquiry; and includes: (c) evidence given before the Royal Commission or official inquiry; and (d) a document presented or submitted to the Royal Commission or official inquiry; and (e) a document issued or published by, or with the authority of, the Royal Commission or official inquiry. > on‑demand program service has the meaning given by section 18. > online safety for Australians means the capacity of Australians to use social media services and electronic services in a safe manner. > online safety for children means the capacity of Australian children to use social media services and electronic services in a safe manner, and includes the protection of Australian children using those services from cyber‑bullying material targeted at an Australian child. > Online Safety Special Account means the Online Safety Special Account referred to in section 190. > parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975. > Parliamentary proceedings means words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of: (a) a Parliament; or (b) a legislature; or (c) a committee of a Parliament or legislature; and includes: (d) evidence given before the Parliament, legislature or committee; and (e) a document presented or submitted to the Parliament, legislature or committee; and (f) a document issued or published by, or with the authority of, the Parliament, legislature or committee. > point‑to‑multipoint service means a carriage service which allows a person to transmit material to more than one end‑user simultaneously. > posted by an end‑user of a social media service, relevant electronic service or designated internet service has the meaning given by section 11. > Note: Other parts of speech and grammatical forms of “posted” (for example, “post”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901). > private sexual material means: (a) material that: (i) depicts a person who is, or appears to be, 18 years of age or older and who is engaged in, or appears to be engaged in, a sexual pose or sexual activity (whether or not in the presence of other persons); and (ii) does so in circumstances that reasonable persons would regard as giving rise to an expectation of privacy; or (b) material the dominant characteristic of which is the depiction of: (i) a sexual organ or the anal region of a person who is, or appears to be, 18 years of age or older; or (ii) if a person is a female person, or a transgender or intersex person, who is, or appears to be, 18 years of age or older—either or both of the person’s breasts; where the depiction is in circumstances that reasonable persons would regard as giving rise to an expectation of privacy. > provided on a social media service, relevant electronic service or designated internet service has the meaning given by section 10. > provider of a social media service, age‑restricted social media platform, relevant electronic service, designated internet service or app distribution service has a meaning affected by section 238. > publication has the same meaning as in the Classification (Publications, Films and Computer Games) Act 1995. Despite section 18A of the Acts Interpretation Act 1901, this definition does not affect the meaning of the expressions publish or published when used in this Act. > relevant electronic service has the meaning given by section 13A. > remedial notice means a notice given under section 119 or 120. > removal notice means a notice under: (a) section 65; or (b) section 66; or (c) section 77; or (d) section 78; or (e) section 79; or (f) section 88; or (g) section 89; or (h) section 90; or (i) section 109; or (j) section 110; or (k) section 114; or (l) section 115. > removed from a social media service, relevant electronic service or designated internet service has the meaning given by section 12. > restricted access system has the meaning given by section 108. > Secretary means the Secretary of the Department. > serious harm means serious physical harm or serious harm to a person’s mental health, whether temporary or permanent. > serious harm to a person’s mental health includes: (a) serious psychological harm; and (b) serious distress; but does not include mere ordinary emotional reactions such as those of only distress, grief, fear or anger. > service includes a website. > service provider determination means a determination under section 151. > service provider rule means each of the rules (if any) set out in a service provider determination. > social media service has the meaning given by section 13. > stored material means material kept on a data storage device. For this purpose, disregard any storage of material on a highly transitory basis as an integral function of the technology used in its transmission. > Note: Momentary buffering (including momentary storage in a router in order to resolve a path for further transmission) is an example of storage on a highly transitory basis. > target of cyber‑abuse material has the meaning given by section 7. > target of cyber‑bullying material has the meaning given by section 6. > terms of use includes anything that may be reasonably regarded as the equivalent of terms of use. > threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional. > use has a meaning affected by section 239.