Defamation Act 2005

In this Act, unless the contrary intention appears –

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 persons, to the matter;

applicable period for an offer to make amends is defined by section 14;

associated entity has the same meaning as in section 50AAA of the Corporations Act 2001 of the Commonwealth;

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– see section 10B;

concerns notice is defined by section 12A;

conduit service– see section 10B;

country includes – a federation and a state, territory, province or other part of a federation; and an Australian jurisdiction;

court means – the Supreme Court; or the Magistrates Court;

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;

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 means an excluded corporation referred to in section 9;

further particulars notice means a further particulars notice referred to in section 12A(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;

offer to make amends means an offer to make amends under Division 1 of Part 3;

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;

Parliamentary body means – a parliament or legislature of any country; or a house of parliament or legislature of any country; or a committee of a parliament or legislature of any country; or 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– see section 10B;

search engine provider– see section 10B;

search result– see section 10B;

storage service– see section 10B;

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 Tasmania.