Criminal Code Act 1995
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.6 - Telecommunications Services
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View history notePt 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
Dishonesty
has the same meaning as in the Telecommunications Act 1997 .
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 A inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.
For the purposes of this Subdivision, 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.
(2)
In a prosecution for an offence against this Subdivision, the determination of dishonesty is a matter for the trier of fact.
S 474.1 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.
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