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 474.41
Giving a copy of a notice to a contact person etc.
Contact person
(1)
If:
(a)
a copy of a notice under subsection
474.35(1)
is required to be given to the provider of a content service that is a social media service (within the meaning of the
Online Safety Act 2021
); and
(b)
there is an individual who is:
(i)
an employee or agent of the provider; and
(ii)
designated as the service
'
s contact person for the purposes of that Act; and
(c)
the contact details of the contact person have been notified to the eSafety Commissioner;
the copy of the notice is taken to have been given to the provider if it is given to the contact person.
History
S 474.41(1) amended by No 77 of 2021, s 3 and Sch 2 item 73, by substituting
"
Online Safety Act 2021
"
for
"
Enhancing Online Safety Act 2015
"
in para (a), effective 23 January 2022.
Agent
(2)
If:
(a)
a copy of a notice under subsection
474.35(1)
or
474.36(1)
is required to be given to a body corporate incorporated outside Australia; and
(b)
the body corporate does not have a registered office or a principal office in Australia; and
(c)
the body corporate has an agent in Australia;
the copy of the notice is taken to have been given to the body corporate if it is given to the agent.
Other matters
(3)
Subsections
(1)
and
(2)
have effect in addition to section
28A
of the
Acts Interpretation Act 1901
.
Note:
Section
28A
of the
Acts Interpretation Act 1901
deals with the service of documents.
History
S 474.41 inserted by No 38 of 2019, s 3 and Sch 1 item 1, effective 6 April 2019.