Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p152
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 152/169)
Character Range: 1566453–1569047

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
 (f) 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; or
 (g) material that is a doll or other object that resembles:
 (i) a person who is, or appears to be, under 18 years of age; or
 (ii) a part of the body of such a person;
  if a reasonable person would consider it likely that the material is intended to be used by a person to simulate sexual intercourse.
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.
Crown land means land that is the property of:
 (a) the Commonwealth, a State or a Territory; or
 (b) a statutory authority;
but does not include land that is subject to a lease to a person other than:
 (c) the Commonwealth, a State or a Territory; or
 (d) a statutory authority.
Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.
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