Criminal Code Act 1995

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

View history note

Subdivision H - Offences relating to use of carriage service for sharing of abhorrent violent material

View history note

SECTION 474.32 Abhorrent violent conduct

(1)
For the purposes of this Subdivision, a person engages in abhorrent violent conduct if the person:

(a) engages in a terrorist act; or

(b) murders another person; or

(c) attempts to murder another person; or

(d) tortures another person; or

(e) rapes another person; or

(f) kidnaps another person.

Murder

(2)
For the purposes of this section, a person (the first person ) murders another person if:

(a) the first person ' s conduct causes the death of the other person; and

(b) the conduct constitutes an offence.

Torture

(3)
For the purposes of this section, a person (the first person ) tortures another person if:

(a) the first person inflicts severe physical or mental pain or suffering upon the other person; and

(b) the other person is in the custody, or under the control, of the first person; and

(c) the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights (a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986 ).

Rape

(4)
For the purposes of this section, a person (the first person ) rapes another person if:

(a) the first person sexually penetrates the other person without the consent of the other person; or

(b) the first person causes the other person to sexually penetrate the first person without the consent of the other person.

Kidnapping

(5)
For the purposes of this section, a person (the first person ) kidnaps another person if:

(a) the first person takes or detains the other person without the other person ' s consent; and

(b) the first person takes or detains the other person in order to:

(i) hold the other person to ransom or as a hostage; or

(ii) murder, torture or rape the other person or a third person; or

(iii) cause serious harm to the other person or a third person; and

(c) the taking or detention of the other person involves violence or a threat of violence.

Interpretation

(6)
In this section:

sexually penetrate
means:

(a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or

(b) penetrate (to any extent) the mouth of a person by the penis of another person; or

(c) continue to sexually penetrate as defined in paragraph (a) or (b).

terrorist act
has the same meaning as in section 100.1 . For this purpose, disregard paragraphs 100.1(2)(b) , (d), (e) and (f).

(7)
For the purposes of this section, the genitalia or other parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.

View history note

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