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 E (heading) inserted by No 42 of 2010, s 3 and Sch 1 item 28, effective 15 April 2010.

S 474.25 amended by No 77 of 2021, s 3 and Sch 2 item 69, by substituting " Australian hosting service provider " for " internet content host " in para (a), effective 23 January 2022.

S 474.25 amended by No 72 of 2019, s 3 and Sch 7 item 37, by substituting para (b), effective 21 September 2019. Para (b) formerly read:

(b) is aware that the service provided by the person can be used to access particular material that the person has reasonable grounds to believe is:

(i) child pornography material; or

(ii) child abuse material; and

S 474.25 amended by No 38 of 2019, s 3 and Sch 2 item 1, by substituting " 800 penalty units " for " 100 penalty units " , effective 6 April 2019.

S 474.25 amended by No 8 of 2010, s 3 and Sch 5 item 137, by substituting " internet " for " Internet " (wherever occurring), effective 1 March 2010.

S 474.25 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.