Criminal Code Act 1995

Pt 10.6 substituted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005. Pt 10.6 formerly read:

Part 10.6 - Telecommunications

Division 473 - Preliminary

Definitions  
473.1
In this Part:

loss
means a loss in property, whether temporary or permanent, and includes not getting what one might get.

obtaining
includes:

(a) obtaining for another person; and

(b) inducing a third person to do something that results in another person obtaining.

property
has the same meaning as in Chapter 7 .

carriage service
has the same meaning as in the Telecommunications Act 1997 .

carriage service provider
has the same meaning as in the Telecommunications Act 1997 .

Dishonesty  
473.2
For the purposes of this Part, dishonest means:

(a) dishonest according to the standards of ordinary people; and

(b) known by the defendant to be dishonest according to the standards of ordinary people. Determination of dishonesty to be a matter for the trier of fact  
473.3
In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.

Division 474 - Telecommunications offences

General dishonesty with respect to a carriage service provider  
Obtaining a gain

(1)
A person is guilty of an offence if the person does anything with the intention of dishonestly obtaining a gain from a carriage service provider by way of the supply of a carriage service.

Penalty: Imprisonment for 5 years.

Causing a loss

(2)
A person is guilty of an offence if the person does anything with the intention of dishonestly causing a loss to a carriage service provider in connection with the supply of a carriage service.

Penalty: Imprisonment for 5 years.

(3)
A person is guilty of an offence if:

(a) the person dishonestly causes a loss, or dishonestly causes a risk of loss, to a carriage service provider in connection with the supply of a carriage service; and

(b) the person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring.

Penalty: Imprisonment for 5 years.

Division 475 - Miscellaneous

Saving of other laws  
475.1
This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

Div 474 substituted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005. For former wording of Div 474 see note under Pt 10.6 heading.

Subdiv D heading substituted by No 72 of 2019, s 3 and Sch 7 item 32, effective 21 September 2019. The heading formerly read:

Subdivision D - Offences relating to use of carriage service for child pornography material or child abuse material

Subdiv D (heading) inserted by No 42 of 2010, s 3 and Sch 1 item 19, effective 15 April 2010.

S 474.19 repealed by No 72 of 2019, s 3 and Sch 7 item 33, effective 21 September 2019. For transitional provision, see note under s 273.7(1) . S 474.19 formerly read:

SECTION 474.19 Using a carriage service for child pornography material  
(1)
A person commits an offence if:

(a) the person:

(i) accesses material; or

(ii) causes material to be transmitted to himself or herself; or

(iii) transmits, makes available, publishes, distributes, advertises or promotes material; or

(iv) solicits material; and

(aa) the person does so using a carriage service; and

(b) the material is child pornography material.

Penalty: Imprisonment for 15 years.

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History

S 474.19(1) amended by No 42 of 2010, s 3 and Sch 1 items 20 and 21, by substituting paras (a) and (aa) for para (a) and substituting " 15 " for " 10 " in the penalty, effective 15 April 2010. Para (a) formerly read:

(a) the person:

(i) uses a carriage service to access material; or

(ii) uses a carriage service to cause material to be transmitted to the person; or

(iii) uses a carriage service to transmit material; or

(iv) uses a carriage service to make material available; or

(v) uses a carriage service to publish or otherwise distribute material; and

(2)
To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):

(a) intention is the fault element for the conduct referred to in paragraph (1)(a);

(b) recklessness is the fault element for the circumstances referred to in paragraph (1)(b).

Note:

For the meaning of intention and recklessness see sections 5.2 and 5.4.

(2A)
Absolute liability applies to paragraph (1)(aa).

Note:

For absolute liability, see section 6.2.

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History

S 474.19(2A) inserted by No 42 of 2010, s 3 and Sch 1 item 22, effective 15 April 2010.

(3)
As well as the general defences provided for in Part 2.3, defences are provided for under section 474.21 in relation to this section.

S 474.19 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.