Schedule
-
The Criminal Code
Section
3
CHAPTER 10
-
NATIONAL INFRASTRUCTURE
Part 10.6
-
Telecommunications Services
History
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.
Division 474
-
Telecommunications offences
History
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.
Subdivision H
-
Offences relating to use of carriage service for sharing of abhorrent violent material
History
Subdiv H heading inserted by No 38 of 2019, s 3 and Sch 1 item 1, effective 5 April 2019.
SECTION 474.31
Abhorrent violent material
(1)
For the purposes of this Subdivision,
abhorrent violent material
means material that:
(a)
is:
(i)
audio material; or
(ii)
visual material; or
(iii)
audio-visual material;
that records or streams abhorrent violent conduct engaged in by one or more persons; and
(b)
is material that reasonable persons would regard as being, in all the circumstances, offensive; and
(c)
is produced by a person who is, or by 2 or more persons each of whom is:
(i)
a person who engaged in the abhorrent violent conduct; or
(ii)
a person who conspired to engage in the abhorrent violent conduct; or
(iii)
a person who aided, abetted, counselled or procured, or was in any way knowingly concerned in, the abhorrent violent conduct; or
(iv)
a person who attempted to engage in the abhorrent violent conduct.
(2)
For the purposes of this section, it is immaterial whether the material has been altered.
(3)
For the purposes of this section, it is immaterial whether the abhorrent violent conduct was engaged in within or outside Australia.
History
S 474.31 inserted by No 38 of 2019, s 3 and Sch 1 item 1, effective 6 April 2019.