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

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Subdivision D - Offences relating to use of carriage service for child abuse material

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SECTION 474.24A Aggravated offence - offence involving conduct on 3 or more occasions and 2 or more people

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(1)
A person commits an offence against this section if:

(a) the person commits an offence against one or more of the following provisions on 3 or more separate occasions:

(i) (Repealed by No 72 of 2019)

(ii) (Repealed by No 72 of 2019)

(iii) section 474.22 (using a carriage service for child abuse material);

(iiia) section 474.22A (possessing or controlling child abuse material obtained or accessed using a carriage service);

(iv) section 474.23 (possessing etc child abuse material for use through a carriage service); and

View history reference

(b) the commission of each such offence involves 2 or more people.

Penalty: Imprisonment for 30 years.

View history note

(2)

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There is no fault element for any of the physical elements described in paragraph (1)(a) other than the fault elements (however described), if any, for the offence against section 474.22 , 474.22A or 474.23 .

View history note

(3)

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To avoid doubt, a person does not commit an offence against section 474.22 , 474.22A or 474.23 for the purposes of paragraph (1)(a) if the person has a defence to that offence.

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Offence or conduct need not be the same

(4)
For the purposes of subsection (1), it is immaterial whether the offence, or the conduct constituting the offence, is the same on each occasion.

Double jeopardy etc

(5)

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A person who has been convicted or acquitted of an offence (the aggravated offence ) against this section may not be convicted of an offence against section 474.22 , 474.22A or 474.23 in relation to the conduct that constituted the aggravated offence.

View history note

(6)
Subsection (5) does not prevent an alternative verdict under section 474.24B .

(7)

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A person who has been convicted or acquitted of an offence (the underlying offence ) against section 474.22 , 474.22A or 474.23 may not be convicted of an offence against this section in relation to the conduct that constituted the underlying offence.

View history note

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