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CRIMINAL CODE 1899 - SECT 207A

Definitions for this chapter

207A Definitions for this chapter

In this chapter—

"anonymising service" means a device or other thing, or a physical, digital or other measure, used to hide—

(a) the identity or location of a person who administers, accesses or uses a network, computer or other device; or
(b) information stored on a network, computer or other device; or
(c) communication, including the exchange of information, between 2 or more persons using a network, computer or other device; or
(d) the location of a network, computer or other device.
Example—
software, password or other authorisation, encryption, routing systems, communications ports

"child abuse object" means a doll, robot or other object if—
(a) a reasonable adult would consider—
(i) the doll, robot or other object is a representation or portrayal of a person, or part of a person, who is a child under 16 years; or
(ii) the predominant impression conveyed by the doll, robot or other object is that it is a representation or portrayal of a person, or part of a person, who is a child under 16 years, irrespective of whether it has adult characteristics; and
(b) the doll, robot or other object has been used, or a reasonable adult would consider it is intended for use, in an indecent or sexual context including, for example, engaging in a sexual activity.

"child exploitation material" means material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years—
(a) in a sexual context, including for example, engaging in a sexual activity; or
(b) in an offensive or demeaning context; or
(c) being subjected to abuse, cruelty or torture.

"child sexual offence" means an offence of a sexual nature committed in relation to a child, including, for example, an offence against a provision of this chapter or chapter 32 .

"classification officer" ...

"classified"
(a) for a computer game—see the Classification of Computer Games and Images Act 1995 ; or
(b) for a film—see the Classification of Films Act 1991 ; or
(c) for a publication—see the Classification of Publications Act 1991 .

"Commonwealth Classification Act" means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth) .

"computer game" see the Classification of Computer Games and Images Act 1995 .

"distribute" includes—
(a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and
(b) make available for access by someone, whether by a particular person or not; and
(c) enter into an agreement or arrangement to do something in paragraph (a) or (b) ; and
(d) attempt to distribute.

"film" see the Classification of Films Act 1991 .

"hidden network" means a network of computers or other devices (whether or not part of the internet) that has, or uses, digital, physical or other measures to do, or that are designed to do, any of the following—
(a) restrict access to the network;
(b) make the network undiscoverable when searched for in a way that is generally used to search for networks, including, for example, by using an internet search engine;
(c) hide the identity or location of persons who administer, access or use the network;
(d) hide information stored on the network;
(e) hide communication, including the exchange of information, between—
(i) the network and a person who administers, accesses or uses the network; or
(ii) 2 or more persons who administer, access or use the network;
(f) hide the location of the network.
Example—
software, password or other authorisation, encryption, routing systems, communications ports

"information" includes a photograph, picture, videotape, digital image and any other visual representation.

"intimate image" , of a person—
(a) means a moving or still image that depicts—
(i) the person engaged in an intimate sexual activity that is not ordinarily done in public; or
(ii) the person’s genital or anal region, when it is bare or covered only by underwear; or
(iii) if the person is female or a transgender or intersex person who identifies as female—the person’s bare breasts; and
(b) includes an image that has been altered to appear to show any of the things mentioned in paragraph (a) (i) to (iii) ; and
(c) includes an image depicting a thing mentioned in paragraph (a) (i) to (iii) , even if the thing has been digitally obscured, if the person is depicted in a sexual way.

"law enforcement agency" ...

"law enforcement officer" ...

"material" includes anything that contains data from which text, images or sound can be generated.

"network" , of computers or other devices, includes part of a network of computers or other devices.

"observe" means observe by any means.

"private act" , for a person, means—
(a) showering or bathing; or
(b) using a toilet; or
(c) another activity when the person is in a state of undress; or
(d) intimate sexual activity that is not ordinarily done in public.

"private place" means a place where a person might reasonably be expected to be engaging in a private act.

"prohibited visual recording" , of a person, means—
(a) a visual recording of the person, in a private place or engaging in a private act, made in circumstances where a reasonable adult would expect to be afforded privacy; or
(b) a visual recording of the person’s genital or anal region, when it is bare or covered only by underwear, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.

"publication" see the Classification of Publications Act 1991 .

"religious confession" means a confession made by a person to a member of the clergy in the member’s professional capacity according to the ritual of the member’s church or religious denomination.

"someone" , in the context of a description or depiction, includes the body parts of someone, including for example, someone’s breast or genitalia.

"state of undress" , for a person, means—
(a) the person is naked or the person’s genital or anal region is bare or, if the person is female or a transgender or intersex person who identifies as female, the person’s breasts are bare; or
(b) the person is wearing only underwear; or
(c) the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.

"visually record" , a person, means record, or transmit, by any means, moving or still images of the person or part of the person.



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