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—
the identity or location of a person who administers, accesses or uses a network, computer or other device; or
information stored on a network, computer or other device; or
communication, including the exchange of information, between 2 or more persons using a network, computer or other device; or
the location of a network, computer or other device.
Examples of physical, digital or other measures—software, password or other authorisation, encryption, routing systems, communications portssch 1 pt 4 ch 22 s 207A def anonymising service ins 2016 No. 62 s 76child abuse object means a doll, robot or other object if—
a reasonable adult would consider—
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
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
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.
sch 1 pt 4 ch 22 s 207A def child abuse object ins 2020 No. 32 s 11child 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—
in a sexual context, including for example, engaging in a sexual activity; or
in an offensive or demeaning context; or
being subjected to abuse, cruelty or torture.
sch 1 pt 4 ch 22 s 207A def child exploitation material amd 2013 No. 14 s 13child 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.sch 1 pt 4 ch 22 s 207A def child sexual offence ins 2020 No. 32 s 23classification officer...sch 1 pt 4 ch 22 s 207A def classification officer om 2017 No. 17 s 112 (1)classified—
for a computer game—see the Classification of Computer Games and Images Act 1995; or
for a film—see the Classification of Films Act 1991; or
for a publication—see the Classification of Publications Act 1991.
commercial sexual service means a service—
provided by a person, involving—
a sexual act as described in section 218(2) and (3) engaged in by the person; or
the use or display of the person’s body for the sexual arousal or gratification of another person; and
that is—
provided for payment or reward, whether the payment or reward accrues or is given to the person providing the service or someone else; and
provided under an arrangement of a commercial character.
sch 1 pt 4 ch 22 s 207A def commercial sexual service ins 2024 No. 23 s 12Commonwealth Classification Act means the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).sch 1 pt 4 ch 22 s 207A def Commonwealth Classification Act ins 2017 No. 17 s 112 (2)computer game see the Classification of Computer Games and Images Act 1995.distribute includes—
communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and
make available for access by someone, whether by a particular person or not; and
enter into an agreement or arrangement to do something in paragraph (a) or (b); and
attempt to distribute.
sch 1 pt 4 ch 22 s 207A def distribute ins 2016 No. 62 s 76film 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—
restrict access to the network;
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;
hide the identity or location of persons who administer, access or use the network;
hide information stored on the network;
hide communication, including the exchange of information, between—
the network and a person who administers, accesses or uses the network; or
2 or more persons who administer, access or use the network;
hide the location of the network.
Examples of physical, digital or other measures—software, password or other authorisation, encryption, routing systems, communications portssch 1 pt 4 ch 22 s 207A def hidden network ins 2016 No. 62 s 76information includes a photograph, picture, videotape, digital image and any other visual representation.sch 1 pt 4 ch 22 s 207A def information ins 2016 No. 62 s 76intimate image, of a person—
means a moving or still image that depicts—
the person engaged in an intimate sexual activity that is not ordinarily done in public; or
the person’s genital or anal region, when it is bare or covered only by underwear; or
if the person is female or a transgender or intersex person who identifies as female—the person’s bare breasts; and
includes an image that has been altered to appear to show any of the things mentioned in paragraph (a)(i) to (iii); and
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.
sch 1 pt 4 ch 22 s 207A def intimate image ins 2019 No. 1 s 4 (1)law enforcement agency...sch 1 pt 4 ch 22 s 207A def law enforcement agency ins 2005 No. 70 s 54law enforcement officer...sch 1 pt 4 ch 22 s 207A def law enforcement officer ins 2005 No. 70 s 54material 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.sch 1 pt 4 ch 22 s 207A def network ins 2016 No. 62 s 76observe means observe by any means.sch 1 pt 4 ch 22 s 207A def observe ins 2005 No. 70 s 54private act, for a person, means—
showering or bathing; or
using a toilet; or
another activity when the person is in a state of undress; or
intimate sexual activity that is not ordinarily done in public.
sch 1 pt 4 ch 22 s 207A def private act ins 2005 No. 70 s 54private place means a place where a person might reasonably be expected to be engaging in a private act.sch 1 pt 4 ch 22 s 207A def private place ins 2005 No. 70 s 54prohibited visual recording, of a person, means—
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
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.
sch 1 pt 4 ch 22 s 207A def prohibited visual recording ins 2019 No. 1 s 4 (1)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.sch 1 pt 4 ch 22 s 207A def religious confession ins 2020 No. 32 s 23someone, 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—
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
the person is wearing only underwear; or
the person is wearing only some outer garments so that some of the person’s underwear is not covered by an outer garment.
sch 1 pt 4 ch 22 s 207A def state of undress ins 2005 No. 70 s 54visually record, a person, means record, or transmit, by any means, moving or still images of the person or part of the person.sch 1 pt 4 ch 22 s 207A def visually record ins 2005 No. 70 s 54 sch 1 pt 4 ch 22 s 207A ins 2005 No. 9 s 5
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