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 HB - Offences relating to use of carriage service for firearms and explosives manufacture material

View history note

SECTION 474.45F Meaning of firearms and explosives manufacture material

View history reference

(1)
Firearms and explosives manufacture material is material that:

(a) provides instructions on the manufacture or modification of:

(i) a firearm, firearm accessory, firearm part or firearm magazine; or

(ii) an explosive or other lethal device; or

(b) supports or facilitates the manufacture or modification of:

(i) a firearm, firearm accessory, firearm part or firearm magazine; or

(ii) an explosive or other lethal device.

(2)
To avoid doubt, material may be intended to do a thing covered by paragraph (1)(a) or (b) even if the material is also intended, or mainly intended, to do one or more other things.

(3)
Material is also firearms and explosives manufacture material if:

(a) it is reasonable to consider the material together with other material; and

(b) were all of the material to be taken to be a single item of material, it would constitute firearms and explosives manufacture material under subsection (1) .

(4)
To avoid doubt, material may be firearms and explosives manufacture material even if it would not be possible to use the material to manufacture or modify:

(a) a functional firearm, functional firearm accessory, functional firearm part or functional firearm magazine; or

(b) a functional explosive or other lethal device.

Other definitions

(5)
In this Subdivision:

explosive or other lethal device
has the same meaning as in the Convention referred to in section 72.1 .

firearm
has the same meaning as in the Customs (Prohibited Imports) Regulations 1956 .

firearm accessory
has the same meaning as in the Customs (Prohibited Imports) Regulations 1956 .

firearm magazine
has the same meaning as in the Customs (Prohibited Imports) Regulations 1956 .

firearm part
has the same meaning as in the Customs (Prohibited Imports) Regulations 1956 .

View history note

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