Enacted by the Parliament of Nauru as follows:
PART 1 - PRELIMINARY
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Short title
This Act may be cited as the Cybercrime Act 2015.
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Commencement
This Act commences on the date that it is certified by the Speaker.
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Interpretation
In this Act, unless the context otherwise requires:
‘access’ in relation to an electronic system, means to instruct, communicate
with, store data in, receive data from, or otherwise make use of any of the
resources of the electronic system;
‘access provider’ means any natural or legal person providing an electronic
data transmission service by transmitting information provided by or to a
user of the service in a communication network or providing access to a
communication network;
‘caching provider’ means any natural or legal person providing an
electronic data transmission service by automatic, intermediate and
temporary storing information, performed for the sole purpose of making
more efficient the information’s onward transmission to other users of the
service upon their request;
‘child’ shall mean any person under the age of 18 years;
‘child pornography material’ means:
(a) material that depicts a person, or a representation of a person, who is, or
appears to be, under 18 years of age and who:
(i) is engaged in, or appears 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 appears 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
(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
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