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Criminal Code Act 1995

Schedule - The Criminal Code

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE

Part 10.6 - Telecommunications Services

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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

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Subdivision HB - Offences relating to use of carriage service for firearms and explosives manufacture material

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SECTION 474.45J Defences in respect of firearms and explosives manufacture material

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State or Territory licences or permits

(1)
Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct by a person in relation to material if:

(a) either:

(i) the person (the business owner ) carries on a business in relation to firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; or

(ii) the person performs work for such a business; and

(b) the business owner holds a licence or permit (however described):

(i) that was granted by a State or a Territory or an authority of a State or a Territory; and

(ii) that authorises the manufacture, repair, maintenance or modification of those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and

(iii) that is in force; and

(c) the material relates to those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and

(d) the conduct is in connection with the carrying on of that business.

Note:

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

(2)
Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct by a person in relation to material if:

(a) the person holds a licence or permit (however described):

(i) that was granted by a State or a Territory or an authority of a State or a Territory; and

(ii) that authorises the manufacture, repair, maintenance or modification of firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and

(iii) that is in force; and

(b) the material relates to those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices.

Note:

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

Other exceptions

(3)
Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct in relation to material if:

(a) the conduct is necessary for enforcing a law of:

(i) the Commonwealth; or

(ii) a State; or

(iii) a Territory; or

(iv) a foreign country; or

(v) a part of a foreign country; or

(b) the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:

(i) the Commonwealth; or

(ii) a State; or

(iii) a Territory; or

(iv) a foreign country; or

(v) a part of a foreign country; or

(c) the conduct is for the purposes of proceedings in a court or tribunal; or

(d) both:

(i) the conduct is necessary for, or of assistance in, conducting scientific, academic or historical research; and

(ii) the conduct is reasonable in the circumstances for the purpose of conducting that scientific, academic or historical research; or

(e) both:

(i) the conduct is in connection with the performance by a public official of the official ' s duties or functions; and

(ii) the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or

(f) both:

(i) the conduct is in connection with an individual assisting a public official in relation to the performance of the public official ' s duties or functions; and

(ii) the conduct is reasonable in the circumstances for the purpose of the individual assisting the public official in relation to the performance of the public official ' s duties or functions.

Note:

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

Functions

(4)
The references in this section to function or functions do not, by implication, affect the meaning of the expressions duty or duties when used in any other provision of this Code.

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