Victorian Current Acts Victorian Current ActsIn this Act—
S. 4 def. of access prevention step inserted by No. 31/2024 s. 14.
access prevention step , in relation to the publication of digital matter, means a step—
(a) to remove the matter; or
(b) to block, disable or otherwise prevent access, whether by some or all persons, to the matter;
S. 4 def. of applicable period inserted by No. 35/2020 s. 18.
applicable period for an offer to make amends is defined by section 14;
S. 4 def. of associated entity inserted by No. 35/2020 s. 18.
"associated entity" has the same meaning as in section 50AAA of the Corporations Act;
"Australian court "means any court established by or under a law of an Australian jurisdiction (including a court conducting committal proceedings for an indictable offence);
"Australian jurisdiction" means—
(a) a State; or
(b) a Territory; or
(c) the Commonwealth;
S. 4 def. of Australian tribunal amended by No. 67/2014 s. 147(Sch. 2 item 13.1(b)).
"Australian tribunal "means any tribunal (other than a court) established by or under a law of an Australian jurisdiction that has the power to take evidence from witnesses before it on oath or affirmation (including a Royal Commission, Board of Inquiry or other special commission of inquiry);
S. 4 def. of Board of Inquiry inserted by No. 67/2014 s. 147(Sch. 2 item 13.1(a)).
"Board of Inquiry" has the same meaning as in the Inquiries Act 2014 ;
S. 4 def. of concerns notice inserted by No. 35/2020 s. 18.
concerns notice is defined by section 12A;
"country" includes—
(a) a federation and a state, territory, province or other part of a Federation; and
(b) an Australian jurisdiction;
S. 4 def. of digital intermediary inserted by No. 31/2024 s. 14.
digital intermediary , in relation to the publication of digital matter, means a person, other than an author, originator or poster of the matter, who provides or administers the online service by means of which the matter is published;
Note
There may be more than one digital intermediary in relation to the publication of the same digital matter.
S. 4 def. of digital matter inserted by No. 31/2024 s. 14.
digital matter means matter published in electronic form by means of an online service;
"document "means any record of information, and includes—
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph;
"electronic communication "includes a communication of information in the form of data, text, images or sound (or any combination of these) by means of guided or unguided electromagnetic energy, or both;
S. 4 def. of excluded corporation inserted by No. 35/2020 s. 18.
"excluded corporation" means an excluded corporation referred to in section 9;
S. 4 def. of further particulars notice inserted by No. 35/2020 s. 18.
"further particulars notice" means a further particulars notice referred to in section 12A(3);
"general law "means the common law and equity;
"matter "includes—
(a) an article, report, advertisement or other thing communicated by means of a newspaper, magazine or other periodical; and
(b) a program, report, advertisement or other thing communicated by means of television, radio, the Internet or any other form of electronic communication; and
(c) a letter, note or other writing; and
(d) a picture, gesture or oral utterance; and
(e) any other thing by means of which something may be communicated to a person;
"offer to make amends "means an offer to make amends under Division 1 of Part 3;
S. 4 def. of online service inserted by No. 31/2024 s. 14.
online service means a service provided to a person, whether or not it is requested or it is for a fee or reward, to enable the person to use the Internet, including, without limitation, a service enabling a person—
(a) to access or connect to the Internet; or
(b) to use the Internet to do one or more of the following—
(i) send or receive content;
(ii) store content;
(iii) index content;
(iv) search for content;
(v) share content;
(vi) interact with other persons;
Examples
1 An internet‑based social media platform.
2 A forum created or administered by a person using a facility provided by an internet‑based social media platform that enables users to share content or interact with other users about a topic.
3 A website or other internet‑based platform that enables knowledge to be shared by or with its users.
"parliamentary body" means—
(a) a parliament or legislature of any country; or
(b) a house of a parliament or legislature of any country; or
(c) a committee of a parliament or legislature of any country; or
(d) a committee of a house or houses of a parliament or legislature of any country;
S. 4 def. of poster inserted by No. 31/2024 s. 14.
"poster" , in relation to the publication of digital matter, means a person who uses the online service by means of which the matter is published for the purpose of communicating the matter to one or more other persons;
S. 4 def. of Royal Commission inserted by No. 67/2014 s. 147(Sch. 2 item 13.1(a)).
"Royal Commission" means—
(a) a Royal Commission established under the Inquiries Act 2014 ; or
(b) a Royal Commission established under the prerogative of the Crown;
"substantially true "means true in substance or not materially different from the truth;
"Territory "means the Australian Capital Territory or the Northern Territory;
"this jurisdiction "means Victoria.