Commonwealth Consolidated Acts Commonwealth Consolidated Acts"abhorrent violent conduct" has the same meaning as in Subdivision H of Division 4 74 of the Criminal Code .
(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.
(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.
"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 1 28 .
"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 4 5 .
"blocking notice" mean s a notice under section 9 9 .
"blocking request" means a request under section 9 5 .
"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 1 06 .
"class 2 material" has the meaning given by section 1 07 .
"Classification Board" means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995 .
"Commissioner" means the eSafety Commissioner.
"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 2 1 .
"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 1 4 .
"electronic message" has the same meaning as in the Spam Act 2003 .
(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;
(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 sub section 7 0 (1) .
"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 8 6 .
"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 1 7 .
"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 1 9 .
"intimate image" has the meaning given by section 1 5 .
"legislative rules" means rules made under section 2 40 .
"link deletion notice" means a notice given under section 1 24 .
"listed carriage service" has the same meaning as in the Telecommunications Act 1997 .
(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 1 6 .
"objection notice" means a notice under section 3 3 .
"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:
(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 1 8 .
"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 1 90 .
"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:
(c) a committee of a Parliament or legislature;
(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 1 1 .
Note: Other parts of speech and grammatical forms of "posted" (for example, "post") have a corresponding meaning (see section 1 8A of the Acts Interpretation Act 1901 ).
"private sexual material" means:
(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 person s ); 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 1 0 .
"provider" of a social media service, relevant electronic service, designated internet service or app distribution service has a meaning affected by section 2 38 .
"publication" has the same meaning as in the Classification (Publications, Films and Computer Games) Act 1995 . Despite section 1 8A 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 1 3A.
"remedial notice" means a notice given under section 1 19 or 120 .
"removal notice" means a notice under :
(h) section 9 0 ; or
(i) section 1 09 ; or
"removed" from a social media service, relevant electronic service or designated internet service has the meaning given by section 1 2 .
"restricted access system" has the meaning given by section 1 08 .
"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
but does not include mere ordinary emotional reactions such as those of only distress, grief, fear or anger.
"service provider determination" means a determination under section 1 51 .
"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 1 3 .
"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 2 39 .