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Hide history notePart VIIB repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005.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(a) occurred before Part VIIB of the Crimes Act 1914 was repealed by this Act; and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(Repealed by No 127 of 2004)
S 85ZG repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005. S 85ZG formerly read:
Interference with carriage services
(1)
A person shall not intentionally manipulate, or tamper or interfere with, any facility operated by a carrier, with the result of hindering the normal operation of a carriage service supplied by the carrier.Penalty: Imprisonment for 2 years.
HistoryS 85ZG amended by No 24 of 2001, s 3 and Sch 10 items 130 to 132, by substituting ``intentionally'' for ``knowingly or recklessly'', ``, with the result of hindering'' for ``in such a way as to hinder'' and inserting the penalty at the end. For application provisions, see note under s 3BA.
(1A)
For the purposes of an offence against subsection (1), absolute liability applies to the following physical elements of circumstance of the offence:
(a) that the facility is operated by a carrier;
(b) that the carriage service is supplied by the carrier.Note:
For absolute liability , see section 6.2 of the Criminal Code .
HistoryS 85ZG(1A) inserted by No 24 of 2001, s 3 and Sch 10 item 133. For application provisions, see note under s 3BA.
(2)
A person shall not intentionally use or operate any apparatus or device (whether or not it is comprised in, connected to or used in connection with a telecommunications network), with the result of hindering the normal operation of a carriage service supplied by a carrier.Penalty: Imprisonment for 2 years.
HistoryS 85ZG(2) amended by No 24 of 2001, s 3 and Sch 10 items 134 and 135, by substituting ``intentionally'' for ``knowingly or recklessly'' and ``, with the result of hindering'' for ``in such a way as to hinder''. For application provisions, see note under s 3BA.
(3)
For the purposes of an offence against subsection (2), 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 85ZG(3) inserted by No 24 of 2001, s 3 and Sch 10 item 136. For application provisions, see note under s 3BA.
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