Crimes Act 1914
View history note
Hide history notePart VIIB repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005.
No 127 of 2004, s 3 and Sch 1, contains the following savings provisions:
30 Saving - existing regulations respecting interception devices
(1)
Regulations made for the purposes of paragraph 85ZKB(2)(c) of the Crimes Act 1914 and in force immediately before the commencement of item 1 of this Schedule continue in force as if they had been made for the purposes of subsection 474.4(3) of the Criminal Code as enacted by that item.
(2)
Subitem (1) does not prevent amendment or repeal of the regulations referred to in that subitem.
31 Saving offences against Part VIIB of the Crimes Act 1914
(1)
For the purposes of the Telecommunications (Interception) Act 1979 , prescribed offence includes an offence in relation to conduct (within the meaning of the Criminal Code ) that:
(a) occurred before Part VIIB of the Crimes Act 1914 was repealed by this Act; and
(b) constituted an offence against a provision of that Part.
(2)
Subsection 7(1) of the Telecommunications (Interception) Act 1979 does not apply to, or in relation to, an act or thing done by an employee of a carrier (within the meaning of that Act) in the course of his or her duties for or in connection with the identifying or tracing of any person who has contravened, or is suspected of having contravened, a provision of Part VIIB of the Crimes Act 1914 before its repeal by this Act, where it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively.
(Repealed by No 127 of 2004)
S 85ZE repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005. S 85ZE formerly read:
Improper use of carriage services
(1)
A person must not intentionally use a carriage service supplied by a carrier:
(a) with the result that another person is menaced or harassed; or
(b) in such a way as would be regarded by reasonable persons as being, in all the circumstances, offensive.Penalty: Imprisonment for 1 year.
HistoryS 85ZE(1) and (1A) substituted for s 85ZE(1) by No 24 of 2001, s 3 and Sch 10 item 129. For application provisions, see note under s 3BA. S 85ZE(1) formerly read:
(1)
A person shall not knowingly or recklessly:
(a) use a carriage service supplied by a carrier to menace or harass another person; or
(b) use a carriage service supplied by a carrier in such a way as would be regarded by reasonable persons as being, in all the circumstances, offensive.Penalty: Imprisonment for 1 year.
(1A)
For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the carriage service is supplied by a carrier.Note:
For absolute liability , see section 6.2 of the Criminal Code .
HistoryS 85ZE(1) and (1A) substituted for s 85ZE(1) by No 24 of 2001, s 3 and Sch 10 item 129. For application provisions, see note under s 3BA.
(2)
Paragraph (1)(b) does not apply to the use of a carriage service to carry Internet content.
(3)
This section is not intended to limit or exclude the concurrent operation of any law of a State or Territory.
(4)
In this section:Internet content
has the same meaning as in Schedule 5 to the Broadcasting Services Act 1992 .
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