Victorian Current Acts Victorian Current Acts(1) In this Subdivision—
"administer", in relation to a website, includes building, developing and maintaining the website but does not include hosting the website;
"authorised classifier "means a person, or a person who belongs to a class of person, prescribed by the regulations for the purposes of this definition;
"child" means a person under the age of 18 years;
"child abuse material" means material that—
(a) depicts or describes—
(i) a person who is, or who appears or is implied to be, a child—
(A) as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual); or
(B) as a victim of sexual abuse; or
(C) engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or
(D) in the presence of another person who is engaged in, or apparently engaged in, a sexual pose or sexual activity; or
(ii) the genital or anal region of a person who is, or who appears or is implied to be, a child; or
(iii) the breast area of a person who is, or who appears or is implied to be, a female child; and
(b) reasonable persons would regard as being, in the circumstances, offensive;
"child abuse material disposal order" means an order made under section 51X(1);
"child abuse material offence "means an offence against a provision of this Subdivision;
"classified" means classified under the Commonwealth Act;
"Commonwealth Act" means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;
"deal", in relation to child abuse material, includes any of the following—
(a) viewing, uploading or downloading child abuse material;
(b) making child abuse material available for viewing, uploading or downloading;
(c) facilitating the viewing, uploading or downloading of child abuse material;
S. 51A(1) def. of distribute inserted by No. 38/2022 s. 20(1).
"distribute", in relation to material, includes—
(a) publishing the material; and
(b) exhibiting, communicating, sending, supplying or transmitting the material to any other person; and
(c) making the material available for access by any other person;
"electronic material" includes data from which text, images or sound may be generated;
"encourage" includes suggest, request, urge and demand;
"law enforcement agency" means—
(a) Victoria Police or the police force or police service of any other State or of the Northern Territory of Australia; or
(b) the Australian Federal Police; or
(c) the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or
(d) any other authority or person responsible for the enforcement of the laws of—
(i) Victoria or any other State; or
(ii) the Commonwealth; or
(iii) the Australian Capital Territory; or
(iv) the Northern Territory of Australia;
"material" means—
(a) any film, audio, photograph, printed matter, image, computer game or text; or
(b) any electronic material; or
(c) any other thing of any kind;
Note
See also subsection (2).
"police officer "includes a member of the Australian Federal Police;
"relevant industry regulatory authority "means a person or body prescribed to be a relevant industry regulatory authority for the purposes of section 51S(2)(d);
"seized thing "means a thing that came into the possession of a police officer in the course of the exercise of functions as a police officer;
"website "includes a page, or a group of pages, on the Internet.
S. 51A(2) substituted byNo. 38/2022 s. 20(2).
(2) For the purposes of this Subdivision, an image may be still, moving, recorded or unrecorded.
S. 51B inserted by No. 47/2016 s. 16.