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
History
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.
Subdivision F
-
Offences relating to use of carriage service involving sexual activity with, or causing harm to, person under 16
History
Subdiv F heading substituted by No 50 of 2017, s 3 and Sch 1 item 1, effective 23 June 2017.
Subdiv F inserted by No 42 of 2010, s 3 and Sch 1 item 29, effective 15 April 2010.
SECTION 474.27
Using a carriage service to
"
groom
"
persons under 16 years of age
(1)
A person (the
sender
) commits an offence if:
(a)
the sender uses a carriage service to transmit a communication to another person (the
recipient
); and
(b)
(Repealed by No 42 of 2010)
(c)
the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with the sender; and
(d)
the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(e)
the sender is at least 18 years of age.
Penalty: Imprisonment for 15 years.
History
S 474.27(1) amended by No 70 of 2020, s 3 and Sch 5 item 19, by substituting the penalty, effective 23 June 2020. The penalty formerly read:
Penalty: Imprisonment for 12 years.
S 474.27(1) amended by No 42 of 2010, s 3 and Sch 1 items 35 and 36, by repealing para (b) and omitting
"
, or submit to,
"
after
"
recipient to engage in
"
in para (c), effective 15 April 2010. Para (b) formerly read:
(b)
the communication includes material that is indecent; and
(2)
A person (the
sender
) commits an offence if:
(a)
the sender uses a carriage service to transmit a communication to another person (the
recipient
); and
(b)
(Repealed by No 42 of 2010)
(c)
the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with another person (the
participant
); and
(d)
the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(e)
the participant is someone who is, or who the sender believes to be, at least 18 years of age.
Penalty: Imprisonment for 15 years.
History
S 474.27(2) amended by No 70 of 2020, s 3 and Sch 5 item 20, by substituting the penalty, effective 23 June 2020. The penalty formerly read:
Penalty: Imprisonment for 12 years.
S 474.27(2) amended by No 42 of 2010, s 3 and Sch 1 items 37 to 39, by repealing para (b), substituting
"
sexual activity with another person (the
participant
)
"
for
"
, or submit to, sexual activity with another person
"
in para (c) and substituting
"
the participant
"
for
"
the other person referred to in paragraph (c)
"
in para (e), effective 15 April 2010. Para (b) formerly read:
(b)
the communication includes material that is indecent; and
(3)
A person (the
sender
) commits an offence if:
(a)
the sender uses a carriage service to transmit a communication to another person (the
recipient
); and
(b)
(Repealed by No 42 of 2010)
(c)
the sender does this with the intention of making it easier to procure the recipient to engage in sexual activity with another person; and
(d)
the recipient is someone who is, or who the sender believes to be, under 16 years of age; and
(e)
the other person referred to in paragraph (c) is someone who is, or who the sender believes to be, under 18 years of age; and
(f)
the sender intends that the sexual activity referred to in paragraph (c) will take place in the presence of:
(i)
the sender; or
(ii)
another person (the
participant
) who is, or who the sender believes to be, at least 18 years of age.
Penalty: Imprisonment for 15 years.
History
S 474.27(3) amended by No 42 of 2010, s 3 and Sch 1 items 40 to 42, by repealing para (b), omitting
"
, or submit to,
"
after
"
recipient to engage in
"
in para (c) and inserting
"
(the
participant
)
"
after
"
person
"
in para (f)(ii), effective 15 April 2010. Para (b) formerly read:
(b)
the communication includes material that is indecent; and
(4)
(Repealed by No 42 of 2010)
History
S 474.27(4) repealed by No 42 of 2010, s 3 and Sch 1 item 43, effective 15 April 2010. S 474.27(4) formerly read:
(4)
In a prosecution for an offence against subsection (1), (2) or (3), whether material is indecent is a matter for the trier of fact.
(5)
(Repealed by No 42 of 2010)
History
S 474.27(5) repealed by No 42 of 2010, s 3 and Sch 1 item 43, effective 15 April 2010. S 474.27(5) formerly read:
(5)
In this section:
indecent
means indecent according to the standards of ordinary people.
History
S 474.27 inserted by No 127 of 2004, s 3 and Sch 1 item 1, effective 1 March 2005.
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