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 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.

Subdiv C (heading) substituted by No 42 of 2010, s 3 and Sch 1 item 17, effective 15 April 2010. The heading formerly read:

Subdivision C - Offences related to use of telecommuncations

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

S 474.13 repealed by No 42 of 2010, s 3 and Sch 1 item 18, effective 15 April 2010. S 474.13 formerly read:

SECTION 474.13 Use of a carriage service  
474.13
For the purposes of this Subdivision, a person is taken not to use a carriage service by engaging in particular conduct if:

(a) the person is a carrier and, in engaging in that conduct, is acting solely in the person ' s capacity as a carrier; or

(b) the person is a carriage service provider and, in engaging in that conduct, is acting solely in the person ' s capacity as a carriage service provider; or

(c) the person is an internet service provider and, in engaging in that conduct, is acting solely in the person ' s capacity as an internet service provider; or

(d) the person is an internet content host and, in engaging in that conduct, is acting solely in the person ' s capacity as an internet content host.

S 474.13 amended by No 8 of 2010, s 3 and Sch 5 item 137, by substituting " internet " for " Internet " (wherever occurring), effective 1 March 2010.

S 474.13 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.