Films, Videos, and Publications Classification Amendment Act 2005

25 New sections 122 and 122A substituted
  • The principal Act is amended by repealing section 122, and substituting the following sections:

    122 Meaning of distribute in sections 123 to 132
    • (1) In sections 123 to 132, unless the context otherwise requires, distribute, in relation to a publication, means—

      • (a) to deliver, give, or offer the publication; or

      • (b) to provide access to the publication (for example, to provide access by means of a public data network to digital content that is or includes the publication).

      (2) However, a person does not distribute a publication unless the person—

      • (a) intends, or knows of, the act of distribution; and

      • (b) knows what, in general terms, the publication is or contains.

      (3) To avoid doubt, to distribute, in relation to a publication, does not include to facilitate access to the publication by providing only some or all of the means necessary for—

      • (a) delivery of the publication in physical form; or

      • (b) transmission (other than by broadcasting) of the contents of the publication.

      (4) Examples of a person facilitating access to a publication in the ways referred to in subsection (3) are—

      • (a) a postal operator or courier providing only some or all of the means necessary for delivering the publication in physical form; and

      • (b) a network operator or service provider providing only a network or facility through which the contents of the publication are transmitted.

    122A Definitions for section 122
    • In section 122,—

      courier means a person carrying on business as a courier

      digital content

      • (a) means information that is kept on a data storage device and accessed, or available for access, through a public data network; but

      • (b) does not include email, or information that is transmitted in the form of a broadcasting service

      network operator has the same meaning as in section 3(1) of the Telecommunications (Interception Capability) Act 2004

      postal operator has the same meaning as in section 2(1) of the Postal Services Act 1998

      public data network has the same meaning as in section 5 of the Telecommunications Act 2001

      service provider

      • (a) means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but

      • (b) does not include a network operator.