51A

Definitions

In force

S. 51A inserted by No. 47/2016 s. 16.

(1)

In this Subdivision—

administer, in relation to a website, includes building, developing and maintaining the website but does not include hosting the website;

authorised classifier means a person, or a person who belongs to a class of person, prescribed by the regulations for the purposes of this definition;

child means a person under the age of 18 years;

child abuse material means material that—

(a)

depicts or describes—

(i)

a person who is, or who appears or is implied to be, a child—

(A)

as a victim of torture, cruelty or physical abuse (whether or not the torture, cruelty or abuse is sexual); or

(B)

as a victim of sexual abuse; or

(C)

engaged in, or apparently engaging in, a sexual pose or sexual activity (whether or not in the presence of another person); or

(D)

in the presence of another person who is engaged in, or apparently engaged in, a sexual pose or sexual activity; or

(ii)

the genital or anal region of a person who is, or who appears or is implied to be, a child; or

(iii)

the breast area of a person who is, or who appears or is implied to be, a female child; and

(b)

reasonable persons would regard as being, in the circumstances, offensive;

child abuse material disposal order means an order made under section 51X(1);

child abuse material offence means an offence against a provision of this Subdivision;

classified means classified under the Commonwealth Act;

Commonwealth Act means the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth;

deal, in relation to child abuse material, includes any of the following—

(a)

viewing, uploading or downloading child abuse material;

(b)

making child abuse material available for viewing, uploading or downloading;

(c)

facilitating the viewing, uploading or downloading of child abuse material;

S. 51A(1) def. of distribute inserted by No. 38/2022 s. 20(1).

distribute, in relation to material, includes—

(a)

publishing the material; and

(b)

exhibiting, communicating, sending, supplying or transmitting the material to any other person; and

(c)

making the material available for access by any other person;

electronic material includes data from which text, images or sound may be generated;

encourage includes suggest, request, urge and demand;

law enforcement agency means—

(a)

Victoria Police or the police force or police service of any other State or of the Northern Territory of Australia; or

(b)

the Australian Federal Police; or

(c)

the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or

(d)

any other authority or person responsible for the enforcement of the laws of—

(i)

Victoria or any other State; or

(ii)

the Commonwealth; or

(iii)

the Australian Capital Territory; or

(iv)

the Northern Territory of Australia;

material means—

(a)

any film, audio, photograph, printed matter, image, computer game or text; or

(b)

any electronic material; or

(c)

any other thing of any kind;

Note