Victorian Numbered Acts

CRIMES AMENDMENT (CHILD PORNOGRAPHY AND OTHER MATTERS) ACT 2015 (NO. 42 OF 2015) - SECT 3

In section 67A of the Crimes Act 1958 insert the following definitions—

""administer", in relation to a website, includes building, developing or maintaining the website but does not include hosting the website;

"authorised classifier" means a person, or a person who belongs to a class of person, prescribed by the regulations for the purposes of this definition;

"child pornography offence" means an offence against—

        (a)     section 68, 69, 70, 70AAAB, 70AAAC or 70AAAD; or

        (b)     section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 ;

data storage device has the meaning given by section 247A(1);

"deal", in relation to child pornography, includes any of the following—

        (a)     viewing, uploading or downloading child pornography;

        (b)     making child pornography available for viewing, uploading or downloading;

        (c)     facilitating the viewing, uploading or downloading of child pornography;

"police officer" includes a member of the Australian Federal Police;

"relevant industry regulatory authority" means a body that is prescribed to be a relevant industry regulatory authority for the purposes of section 70AAAB(5)(b);

"seized material", in relation to a proceeding for a child pornography offence, means material—

        (a)     that came into the possession of a police officer in the course of the exercise of functions as a police officer; and

        (b)     some of which is alleged child pornography that is the subject of the proceeding;

"website" includes a page, or a group of pages, on the Internet.".