Document ID: chunk:federal_register_of_legislation:F2024L00711:reg:6:p7
Version: federal_register_of_legislation:F2024L00711
Segment Type: reg
Provision Reference: reg 6 (pt 7/7)
Character Range: 20456–22896

an assessment of a kind required by subsection 7(1).
risk profile, for a relevant electronic service, means the risk profile of the service determined under subsection 7(7).
sexual activity is not limited to sexual intercourse.
store: material is stored on a relevant electronic service if it is:
 (a) in storage used for the service; or
 (b) accessible through or using the service.
telephony relevant electronic service means a short messaging service (SMS) or a multimedia messaging service (MMS) provided over a public mobile telecommunications service as defined in subsection 32(1) of the Telecommunications Act 1997.
terms of use, for a relevant electronic service, means the provisions of the agreement under which the service is provided and includes anything that may reasonably be regarded as the equivalent of terms of use.
Note: For what must be included in terms of use for a relevant electronic service see section 13.
terrorist act has the meaning given by section 100.1(1) of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).
Tier 1 relevant electronic service means a relevant electronic service:
 (a) that is a Tier 1 relevant electronic service under paragraph 7(8)(a); or
 (b) that is determined under subsection 7(9) to be a Tier 1 relevant electronic service.
Tier 2 relevant electronic service means a relevant electronic service that is a Tier 2 relevant electronic service under paragraph 7(8)(b).
violence means an act of violence or an obvious threat of an act of violence.
young Australian child means an Australian child who is under 16.

Justification
 (2) For this industry standard, in determining whether material is without justification, the matters to be taken into account include:
 (a) the standards of morality, decency and propriety generally accepted by reasonable adults; and
 (b) the literary, artistic or educational merit (if any) of the material; and
 (c) the general character of the material, including whether it is of a medical, legal or scientific character; and
 (d) the persons or class of persons to or amongst whom it is published or is intended or likely to be published.

Offensive material
 (3) The question whether material is offensive for the purposes of this industry standard is to be determined in accordance with the Act, including section 8 of the Act.

Part 3—Risk assessments and risk profiles