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 H heading inserted by No 38 of 2019, s 3 and Sch 1 item 1, effective 5 April 2019.

Definition of " content service " amended by No 77 of 2021, s 3 and Sch 2 item 70, by substituting " Online Safety Act 2021 " for " Enhancing Online Safety Act 2015 " in para (a) and (b), effective 23 January 2022.

Definition of " hosting service " amended by No 77 of 2021, s 3 and Sch 2 items 71 and 72, by substituting " Online Safety Act 2021 " for " Enhancing Online Safety Act 2015 " and " 17(a)(ii) and (b)(ii) " for " 9C(a)(ii) and (b)(ii) " , effective 23 January 2022.

S 474.30 inserted by No 38 of 2019, s 3 and Sch 1 item 1, effective 6 April 2019.

S 474.30 repealed by No 42 of 2010, s 3 and Sch 1 item 58, effective 15 April 2010. S 474.30 formerly read:

SECTION 474.30 Defences for NRS employees and emergency call persons  
(1)
A person is not criminally responsible for an offence against a provision of this Subdivision in relation to particular conduct if the person:

(a) is an employee of the NRS provider; and

(b) engages in the conduct in good faith in the course of the person ' s duties as such an employee.

(2)
A person is not criminally responsible for an offence against a provision of this Subdivision in relation to particular conduct if the person:

(a) is an emergency call person; and

(b) engages in the conduct in good faith in the course of the person ' s duties as such an emergency call person.

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History

S 474.30 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.