Criminal Code Act 1995

Schedule - The Criminal Code

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE

Part 10.6 - Telecommunications Services

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

View history note

Subdivision C - General offences relating to use of telecommunications

View history note

SECTION 474.17C Using a carriage service to make available etc. personal data of one or more individuals

View history reference

(1)
A person commits an offence if:

(a) the person uses a carriage service to make available, publish or otherwise distribute information; and

(b) the information is personal data of one or more individuals; and

(c) the person engages in the conduct in a way that reasonable persons would regard as being, in all the circumstances, menacing or harassing towards those individuals.

Note:

Publishing the name, image and telephone number of an individual on a website and encouraging others to repeatedly contact the individual with violent or threatening messages is an example of conduct (commonly referred to as doxxing) that is covered by this subsection.

Penalty: Imprisonment for 6 years.

(2)
For the purposes of paragraph (1)(b) , personal data of an individual means information about the individual that enables the individual to be identified, contacted or located, and includes the following:

(a) the name of the individual;

(b) a photograph or other image of the individual;

(c) a telephone number of the individual;

(d) an email address of the individual;

(e) an online account of the individual;

(f) a residential address of the individual;

(g) a work or business address of the individual;

(h) a place of education of the individual;

(i) a place of worship of the individual.

View history note

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