Definitions
3 Definitions
In this Act:
access prevention step, in relation to the publication of digital matter, means a step:
to remove the matter; or
(b) to block, disable or otherwise prevent access, whether by some or all persons, to the matter.
aggrieved person, for Part 3, Division 1, has the meaning in section 11(1).
applicable period, for an offer to make amends, see section 13.
associated entity, see section 50AAA of the Corporations Act 2001 (Cth).
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 or affirmation (including a Royal Commission or other special commission of inquiry).
caching service, for Part 2, Division 2A, see section 9B.
concerns notice, see section 11A.
conduit service, for Part 2, Division 2A, see section 9B.
country includes:
(a) 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 for definition digital intermediary
There may be more than one 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
(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
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 8.
further particulars notice, see section 11A(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
a letter, note or other writing; and
a picture, gesture or oral utterance; and
(e) any other thing by means of which something may be communicated to a person.
matter in question, for Part 3, Division 1, has the meaning in section 11(1).
offer to make amends means an offer to make amends under Part 3, Division 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 one or more of the following:
send or receive content;
store content;
index content;
search for content;
share content;
interact with other persons.
Examples for definition online service
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 parliament or legislature of any country; or
a house of a parliament or legislature of any country; or
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.
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.
search engine, for Part 2, Division 2A, see section 9B.
search engine provider, for Part 2, Division 2A, see section 9B.
search result, for Part 2, Division 2A, see section 9B.
storage service, for Part 2, Division 2A, see section 9B.
publisher, for Part 3, Division 1, has the meaning in section 11(1).
substantially true means true in substance or not materially different from the truth.
Territory means the Australian Capital Territory or Northern Territory.
this jurisdiction means the Northern Territory.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.