Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p2
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/24)
Character Range: 10729–13348

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 region of a person who is, or appears to be, under 18 years of age; or
 (ii) a representation of such a sexual organ or anal region; or
 (iii) the breasts, or a representation of the breasts, of a female person who is, or appears to be, under 18 years of age;
  in a way that reasonable persons would regard as being, in all the circumstances, offensive; or
 (c) material that describes a person who is, or is implied to be, under 18 years of age and who:
 (i) is engaged in, or is implied 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 is implied 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
 (d) material that describes:
 (i) a sexual organ or the anal region of a person who is, or is implied to be, under 18 years of age; or
 (ii) the breasts of a female person who is, or is implied to be, under 18 years of age;
  and does this in a way that reasonable persons would regard as being, in all the circumstances, offensive.

communication in the course of telecommunications carriage means a communication that is being carried by a carrier or carriage service provider, and includes a communication that has been collected or received by a carrier or carriage service provider for carriage, but has not yet been delivered by the carrier or carriage service provider.

connected, in relation to a telecommunications network, includes connection otherwise than by means of physical contact (for example, a connection by means of radiocommunication).

control of data, or material that is in the form of data, has the meaning given by section 473.2.

depict includes contain data from which a visual image (whether still or moving) can be generated.

describe includes contain data from which text or sounds can be generated.

emergency call person has the same meaning as in the Telecommunications Act 1997.

emergency service number has the same meaning as in the Telecommunications Act 1997.

emergency service organisation has the same meaning as in section 147 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

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

intelligence or security officer