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 474.17(1) amended by No 77 of 2021, s 3 and Sch 2 item 64, by substituting " 5 years " for " 3 years " in the penalty, effective 23 January 2022.

S 474.17(2) amended by No 31 of 2018, s 3 and Sch 2 item 112, by substituting " Department administered by the AFP Minister " for " Attorney-General ' s Department " in para (d), effective 11 May 2018. For transitional rules, see note under s 72.28 .

S 474-17(2) amended by No 44 of 2012, s 3 and Sch 1 item 110, by substituting " an NRS provider " for " the NRS provider " in para (a), effective 1 July 2012. For transitional provisions see note in s 473.1 under definition of " National Relay Service " .

S 474.17 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.