Definitions—ch 9
116 Definitions—ch 9
In this chapter:
access prevention step, in relation to the publication of digital matter, means a step—
to remove the matter; or
to block, disable or otherwise prevent access, whether by some or all people, to the matter.
aggrieved person, for division 9.3.1 (Concerns notices and offers to make amends)—see section 124 (1).
applicable period, for an offer to make amends, for division 9.3.1 (Concerns notices and offers to make amends)—see section 126 (2).
associated entity—see the Corporations Act, section 50AAA.
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 State; or
a Territory; or
the Commonwealth.
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 (including a royal commission or other special commission of inquiry).
Note Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).
caching service, for division 9.2.2A (Exemptions from liability for digital intermediaries)—see section 122B.
concerns notice, for division 9.3.1 (Concerns notices and offers to make amends)—see section 124A (1).
conduit service, for division 9.2.2A (Exemptions from liability for digital intermediaries)—see section 122B.
country includes—
a federation and a state, territory, province or other part of a federation; and
an Australian jurisdiction.
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 1 digital intermediary in relation to the publication of the same digital matter.
digital matter means matter published in electronic form by means of an online service.
document means any record of information, and includes—
anything on which there is writing; and
anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
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.
excluded corporation—see section 121 (2).
further particulars notice, for division 9.3.1 (Concerns notices and offers to make amends)—see section 124A (3).
general law means the common law and equity.
matter includes—
an article, report, advertisement or other thing communicated by means of a newspaper, magazine or other periodical; and
a program, report, advertisement or other thing communicated by means of television, radio, the internet or any other form of electronic communication; and
a letter, note or other writing; and
a picture, gesture or oral utterance; and
any other thing by means of which something may be communicated to a person.
matter in question, for division 9.3.1 (Concerns notices and offers to make amends)—see section 124.
offer to make amends means an offer to make amends under division 9.3.1.
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—
to access or connect to the internet; or
to use the internet to do 1 or more of the following:
send or receive content;
store content;
index content;
search for content;
share content;
interact with other people.
Examples
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