Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision C - General offences relating to use of telecommunications  

SECTION 474.14   Using a telecommunications network with intention to commit a serious offence  

(1)  
A person commits an offence if:


(a) the person:


(i) connects equipment to a telecommunications network; and

(ii) intends by this to commit, or to facilitate the commission of, an offence (whether by that person or another person); and


(b) the offence is:


(i) a serious offence against a law of the Commonwealth, a State or a Territory; or

(ii) a serious offence against a foreign law.

(2)  
A person commits an offence if:


(a) the person uses equipment connected to a telecommunications network in the commission of, or to facilitate the commission of, an offence (whether by that person or another person); and


(b) the offence is:


(i) a serious offence against a law of the Commonwealth, a State or a Territory; or

(ii) a serious offence against a foreign law.

(3)  
A person who commits an offence against subsection (1) or (2) is punishable, on conviction, by a penalty not exceeding the penalty applicable to the serious offence.

(4)  
Absolute liability applies to paragraphs (1)(b) and (2)(b).

Note:

For absolute liability , see section 6.2.

(5)  
A person may be found guilty of an offence against subsection (1) or (2) even if committing the serious offence is impossible.

(6)  
It is not an offence to attempt to commit an offence against subsection (1) or (2).




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