Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"abhorrent violent conduct " has the same meaning as in Subdivision H of Division 474 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.
(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.
"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 .
(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).
(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 .
(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, 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.