Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"access " includes:
(a) access that is subject to a pre-condition (for example, the use of a password); and
(b) access by way of push technology; and
(c) access by way of a standing request.
"account " includes:
(a) a free account; and
(b) a pre-paid account; and
(c) anything that may reasonably be regarded as the equivalent of an account.
"ACMA " means the Australian Communications and Media Authority.
"adult " means an individual who is 18 or older.
"Appropriation Act " means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.
"Australia " , when used in a geographical sense, includes all the external Territories.
"Australian child " means a child who is ordinarily resident in Australia.
"Australian police force " means:
(a) the Australian Federal Police; or
(b) the police force of a State or Territory.
"basic online safety requirements " has the meaning given by section 21.
"carriage service " has the same meaning as in the Telecommunications Act 1997 .
"child " means an individual who has not reached 18 years.
"Children's Online Safety Special Account " means the Children's Online Safety Special Account established by section 72.
"civil proceeding " includes a civil action.
"Commissioner " means the Children's e-Safety Commissioner.
Note: See section 14.
"Convention on the Rights of the Child " means the Convention on the Rights of the Child done at New York on 20 November 1989.
Note: The Convention is in Australian Treaty Series 1991 No. 4 ([1991] ATS 4) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"cyber-bullying material targeted at an Australian child " has the meaning given by section 5.
"de-identified " : information is de-identified if the information is no longer about:
(a) an identifiable individual; or
(b) an individual who is reasonably identifiable.
"electronic service " means:
(a) a service that allows end-users to access material using a carriage service; or
(b) a service that delivers material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service;
but does not include:
(c) a broadcasting service (within the meaning of the Broadcasting Services Act 1992 ); or
(d) a datacasting service (within the meaning of that Act).
"end-user notice " means a notice under subsection 42(1).
"legislative rules " means rules made under section 108.
"material " means material:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (moving or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms.
"online safety for children " means the capacity of Australian children to use social media services and electronic services in a safe manner, and includes the protection of Australian children using those services from cyber-bullying material targeted at an Australian child.
"parent " : without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975 .
"posted " by an end-user of a social media service or relevant electronic service has the meaning given by section 7.
"provided " on a social media service or relevant electronic service has the meaning given by section 6.
"provider " of a social media service or relevant electronic service has a meaning affected by section 105.
"relevant electronic service " means any of the following electronic services:
(a) a service that enables end-users to communicate, by means of email, with other end-users;
(b) an instant messaging service that enables end-users to communicate with other end-users;
(c) an SMS service that enables end-users to communicate with other end-users;
(d) an MMS service that enables end-users to communicate with other end-users;
(e) a chat service that enables end-users to communicate with other end-users;
(f) a service that enables end-users to play online games with other end-users;
(g) an electronic service specified in the legislative rules.
Note 1: SMS is short for short message service.
Note 2: MMS is short for multimedia message service.
"removed " from a social media service or relevant electronic service has the meaning given by section 8.
"service " includes a website.
"social media service " has the meaning given by section 9.
"social media service notice " means a notice under subsection 35(1).
"target " of cyber-bullying material has the meaning given by section 5.
"terms of use " includes anything that may be reasonably regarded as the equivalent of terms of use.
tier 1 social media service means a social media service covered by a declaration under subsection 23(4).
tier 2 social media service means a social media service covered by a declaration under subsection 30(1).
"use " has a meaning affected by section 106.