Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p1
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/24)
Character Range: 8293–10961

1  Part 10.6 of the Criminal Code
Repeal the Part, substitute:

Part 10.6—Telecommunications Services

Division 473—Preliminary

473.1  Definitions

  In this Part:

access in relation to material includes:
 (a) the display of the material by a computer or any other output of the material from a computer; or
 (b) the copying or moving of the material to any place in a computer or to a data storage device; or
 (c) in the case of material that is a program—the execution of the program.

account identifier means:
 (a) something that:
 (i) contains subscription‑specific secure data; and
 (ii) is installed, or capable of being installed, in a mobile telecommunications device; or
 (b) anything else that:
 (i) allows a particular mobile telecommunications account to be identified; and
 (ii) is prescribed by the regulations as an account identifier for the purposes of this Part.

Note: Paragraph (a)—This would include a SIM card.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

Note: See also section 474.3 respecting persons who are taken to be carriage service providers in relation to certain matters.

carrier has the same meaning as in the Telecommunications Act 1997.

Note: See also section 474.3 respecting persons who are taken to be carriers in relation to certain matters.

carry includes transmit, switch and receive.

child abuse material means:
 (a) material that depicts a person, or a representation of a person, who:
 (i) is, or appears to be, under 18 years of age; and
 (ii) is, or appears to be, a victim of torture, cruelty or physical abuse;
  and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
 (b) material that describes a person who:
 (i) is, or is implied to be, under 18 years of age; and
 (ii) is, or is implied to be, a victim of torture, cruelty or physical abuse;
  and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive.

child pornography material means:
 (a) material that depicts a person, or a representation of a person, who is, or appears to be, under 18 years of age and who:
 (i) is engaged in, or appears to be engaged in, a sexual pose or sexual activity (whether or not in the presence of other persons); or
 (ii) is in the presence of a person who is engaged in, or appears to be engaged in, a sexual pose or sexual activity;
  and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
 (b) material the dominant characteristic of which is the depiction, for a sexual purpose, of:
 (i) a sexual organ or the anal