South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 36

36—Interpretation

In this Part—

"broadcasting" includes datacasting;

"carriage service provider" has the same meaning as in section 87 of the Telecommunications Act 1997 of the Commonwealth;

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;

"computer data" means electronic data from which an image, sound or text may be created by means of a computer;

"computer record or system" means a computer disk or tape or other object or device on which computer data is stored;

"distribute" includes—

            (a)         communicate, exhibit, send, supply, upload or transmit; and

            (b)         make available for access by another,

but does not include distribution by a person solely in the person's capacity as an internet service provider, internet content host or a carriage service provider;

"extremist material"—see section 36A;

"internet content host" has the same meaning as in Schedule 5 of the Broadcasting Services Act 1992 of the Commonwealth;

"internet service provider" has the same meaning as in Schedule 5 of the Broadcasting Services Act 1992 of the Commonwealth;

"law enforcement personnel" means police officers or officers of a law enforcement agency;

"material" includes—

            (a)         any written or printed material; or

            (b)         any picture, painting or drawing; or

            (c)         any carving, sculpture, statue or figure; or

            (d)         any photograph, film, video recording or other object or thing from which an image may be reproduced; or

            (e)         any computer data or the computer record or system containing the data; or

            (f)         any other material or object on which an image or representation is recorded or from which an image or representation may be reproduced;

"media organisation" means—

            (a)         an organisation that engages in broadcasting pursuant to a licence under the Broadcasting Services Act 1992 of the Commonwealth or that is otherwise authorised under a law of the Commonwealth to engage in broadcasting; or

            (b)         an organisation that is a constituent body of the Australian Press Council or is authorised under a law of the Commonwealth to engage in publishing;

"publish" means publish by newspaper, radio or television, or on the internet, or by other similar means of communication to the public;

"terrorist act" has the same meaning as in Part 5.3 of the Commonwealth Criminal Code;

"terrorist organisation" means an organisation referred to in paragraph (b) of the definition of "terrorist organisation" in Division 102 of the Commonwealth Criminal Code.