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 F heading substituted by No 50 of 2017, s 3 and Sch 1 item 1, effective 23 June 2017.

Subdiv F inserted by No 42 of 2010, s 3 and Sch 1 item 29, effective 15 April 2010.

S 474.29(4) amended by No 70 of 2020, s 3 and Sch 4 item 40, by substituting " , 474.27(2) or (3) or 474.27AA(2) or (3) " for " or 474.27(2) or (3) " , effective 23 June 2020.

S 474.29(5A) inserted by No 70 of 2020, s 3 and Sch 4 item 42, effective 23 June 2020.

S 474.29 substituted by No 42 of 2010, s 3 and Sch 1 item 56, effective 15 April 2010. S 474.29 formerly read:

SECTION 474.29 Defences to offences against section 474.26 or 474.27  
(1)
It is a defence to a prosecution for an offence against section 474.26 or 474.27 that the defendant believed at the time the communication was transmitted that the recipient was not under 16 years of age.

Note:

A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

(2)
It is a defence to a prosecution for an offence against subsection 474.26(2) or (3) or 474.27(2) or (3) that the defendant believed at the time the communication was transmitted that the other person referred to in paragraph 474.26(2)(b) or (3)(e) or 474.27(2)(c) or (3)(f) was not at least 18 years of age.

Note:

A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3).

(3)
In determining whether the defendant had the belief referred to in subsection (1) or (2), the jury may take into account whether the alleged belief was reasonable in the circumstances.

S 474.29 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.