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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 J - Offences relating to use of carriage service for inciting trespass, property damage, or theft, on agricultural land

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SECTION 474.47 Using a carriage service for inciting property damage, or theft, on agricultural land

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(1)
A person (the offender ) commits an offence if:

(a) the offender transmits, makes available, publishes or otherwise distributes material; and

(b) the offender does so using a carriage service; and

(c) the offender does so with the intention of inciting another person to:

(i) unlawfully damage property on agricultural land; or

(ii) unlawfully destroy property on agricultural land; or

(iii) commit theft of property on agricultural land.

Penalty: Imprisonment for 5 years.

(2)
Subsection (1) does not apply to material if the material relates to a news report, or a current affairs report, that:

(a) is in the public interest; and

(b) is made by a person working in a professional capacity as a journalist.

(2A)
In a prosecution for an offence against subsection (1), the defendant does not bear an evidential burden in relation to the matters in subsection (2), despite subsection 13.3(3) .

(3)
Subsection (1) does not apply to conduct engaged in by a person if, as a result of the operation of a law of the Commonwealth, a State or a Territory, the person is not subject to any civil or criminal liability for the conduct.

Note 1:

The Public Interest Disclosure Act 2013 provides that an individual is not subject to any civil or criminal liability for making a public interest disclosure.

Note 2:

Section 1317AB of the Corporations Act 2001 provides that a person who makes a disclosure that qualifies for protection under Part 9.4AAA of that Act is not subject to any civil or criminal liability for making the disclosure.

Note 3:

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

(4)
Subsection (3) does not limit section 10.5 (lawful authority).

When a person commits theft

(5)
For the purposes of this section, a person commits theft of property if:

(a) the property belongs to another person; and

(b) the person dishonestly appropriates the property with the intention of permanently depriving the other person of the property.

(6)
An expression used in subsection (5) and in Chapter 7 has the same meaning in that subsection as it has in that Chapter.

(7)
In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.

(8)
Sections 131.2 to 131.11 apply (with appropriate modifications) in determining whether a person commits theft of property (within the meaning of this section).

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