Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p5
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 5/24)
Character Range: 18214–21097

relates.

supplying data, or material that is in the form of data, has the meaning given by section 473.3.

telecommunications device identifier means:
 (a) an electronic identifier of a mobile telecommunications device that is:
 (i) installed in the device by the manufacturer; and
 (ii) is capable of being used to distinguish that particular device from other mobile telecommunications devices; or
 (b) any other form of identifier that is prescribed by the regulations as a telecommunications device identifier for the purposes of this Part.

Note: Paragraph (a)—For example, GSM mobile phones use an industry‑recognised International Mobile Equipment Identity (IMEI) number. This number identifies the particular phone, as compared to the SIM card number which identifies a particular telecommunications account. Carriers are able to block service to lost and stolen mobile phones based on their IMEI numbers.

telecommunications network has the same meaning as in the Telecommunications Act 1997.

473.2  Possession or control of data or material in the form of data

  A reference in this Part to a person having possession or control of data, or material that is in the form of data, includes a reference to the person:
 (a) having possession of a computer or data storage device that holds or contains the data; or
 (b) having possession of a document in which the data is recorded; or
 (c) having control of data held in a computer that is in the possession of another person (whether inside or outside Australia).

473.3  Producing, supplying or obtaining data or material in the form of data

  A reference in this Part to a person producing, supplying or obtaining data, or material that is in the form of data, includes a reference to the person:
 (a) producing, supplying or obtaining data held or contained in a computer or data storage device; or
 (b) producing, supplying or obtaining a document in which the data is recorded.

473.4  Determining whether material is offensive

  The matters to be taken into account in deciding for the purposes of this Part whether reasonable persons would regard particular material, or a particular use of a carriage service, as being, in all the circumstances, offensive, include:
 (a) the standards of morality, decency and propriety generally accepted by reasonable adults; and
 (b) the literary, artistic or educational merit (if any) of the material; and
 (c) the general character of the material (including whether it is of a medical, legal or scientific character).

Division 474—Telecommunications offences

Subdivision A—Dishonesty with respect to carriage services

474.1  Dishonesty

 (1) For the purposes of this Subdivision, 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.

 (2) In a