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Criminal Code Act 1995

Schedule - The Criminal Code

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE

Part 10.6 - Telecommunications Services

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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

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

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SECTION 474.23A Conduct for the purposes of electronic service used for child abuse material

(1)
A person commits an offence if:

(a) the person engages in any of the following conduct:

(i) creating, developing, altering or maintaining an electronic service;

(ii) controlling or moderating an electronic service;

(iii) making available, advertising or promoting an electronic service;

(iv) assisting in doing anything covered by a preceding subparagraph; and

(b) the person does so with the intention that the electronic service be used:

(i) by that person; or

(ii) by another person;

in committing, or facilitating the commission of, an offence against section 474.22 , 474.22A or 474.23 .

Penalty: Imprisonment for 20 years.

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(2)
A person may be found guilty of an offence against subsection (1) even if:

(a) committing the offence against section 474.22 , 474.22A or 474.23 is impossible; or

(b) the electronic service is incapable of being used as mentioned in paragraph (1)(b):

(i) at the time the person engages in the conduct mentioned in paragraph (1)(a); or

(ii) at any other time.

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(3)
It is not an offence to attempt to commit an offence against subsection (1).

(4)
In this Code:

electronic service
means a service a purpose of which is to:

(a) allow persons to access material using a carriage service; or

(b) deliver material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service;

but does not include:

(c) a broadcasting service (within the meaning of the Broadcasting Services Act 1992 ); or

(d) a datacasting service (within the meaning of that Act).

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