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 473 substituted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005. For former wording of Div 473 see note under Pt 10.6 heading.

S 473.4(1) amended by No 78 of 2024, s 3 and Sch 1 item 3, by omitting " (1) " before " The matters " , applicable in relation to material that is transmitted after 3 September 2024 (regardless of whether the material was created or altered before or after 3 September 2024).

S 473.4 amended by No 96 of 2018, s 3 and Sch 2 item 2, by inserting " (1) " before " The matters " , effective 1 September 2018.

S 473.4 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.

S 473.4(2) repealed by No 78 of 2024, s 3 and Sch 1 item 4, applicable in relation to material that is transmitted after 3 September 2024 (regardless of whether the material was created or altered before or after 3 September 2024). S 473.4(2) formerly read:

(2)
If:

(a) a particular use of a carriage service involves the transmission, making available, publication, distribution, advertisement or promotion of material; and

(b) the material is private sexual material;

then, in deciding for the purposes of this Part whether reasonable persons would regard the use of the carriage service as being, in all the circumstances, offensive, regard must be had to whether the subject, or each of the subjects, of the private sexual material gave consent to the transmission, making available, publication, distribution, advertisement or promotion of the material.

S 473.4(2) inserted by No 96 of 2018, s 3 and Sch 2 item 3, effective 1 September 2018.

S 473.4(3) repealed by No 78 of 2024, s 3 and Sch 1 item 4, applicable in relation to material that is transmitted after 3 September 2024 (regardless of whether the material was created or altered before or after 3 September 2024). S 473.4(3) formerly read:

(3)
Subsection (2) does not limit subsection (1).

S 473.4(3) inserted by No 96 of 2018, s 3 and Sch 2 item 3, effective 1 September 2018.

S 473.4(4) repealed by No 78 of 2024, s 3 and Sch 1 item 4, applicable in relation to material that is transmitted after 3 September 2024 (regardless of whether the material was created or altered before or after 3 September 2024). S 473.4(4) formerly read:

Definition

(4)
In this section:

consent
means free and voluntary agreement.

S 473.4(4) inserted by No 96 of 2018, s 3 and Sch 2 item 3, effective 1 September 2018.