Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p158
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 158/169)
Character Range: 1581575–1584180

of a carriage service.
Penalty: Imprisonment for 5 years.
 (3) A person commits 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.

Subdivision B—Interference with telecommunications

474.3  Person acting for a carrier or carriage service provider
 (1) For the purposes of this Subdivision, a person who does any thing for or on behalf of a carrier, or on behalf of persons at least one of whom is a carrier, is, in respect of:
 (a) the doing by that person of that thing; or
 (b) any rental, fee or charge payable for or in relation to the doing by that person of that thing; or
 (c) the operation by that person of a facility in connection with the doing of that thing; or
 (d) a facility belonging to that person; or
 (e) the operation by that person of a satellite;
taken to be a carrier.
 (2) For the purposes of this Subdivision, a person who does any thing for or on behalf of a carriage service provider, or on behalf of persons at least one of whom is a carriage service provider, is, in respect of:
 (a) the doing by that person of that thing; or
 (b) any rental, fee or charge payable for or in relation to the doing by that person of that thing; or
 (c) the operation by that person of a facility in connection with the doing of that thing; or
 (d) a facility belonging to that person; or
 (e) the operation by that person of a satellite;
taken to be a carriage service provider.

474.4  Interception devices
 (1) A person commits an offence if:
 (a) the person:
 (i) manufactures; or
 (ii) advertises, displays or offers for sale; or
 (iii) sells; or
 (iv) possesses;
  an apparatus or device (whether in an assembled or unassembled form); and
 (b) the apparatus or device is an interception device.
Penalty: Imprisonment for 5 years.
 (2) A person is not criminally responsible for an offence against subsection (1) if the person possesses the interception device in the course of the person's duties relating to the interception of communications that does not constitute a contravention of subsection 7(1) of the Telecommunications (Interception and Access) Act 1979.
Note: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
 (3) A person is not criminally responsible for an offence against subsection (1) if the applicable conduct mentioned in