Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p157
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 157/169)
Character Range: 1579028–1581811

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).

473.5  Use of a carriage service
  For the purposes of this Part, a person is taken not to use a carriage service by engaging in particular conduct if:
 (a) the person is a carrier and, in engaging in that conduct, is acting solely in the person's capacity as a carrier; or
 (b) the person is a carriage service provider and, in engaging in that conduct, is acting solely in the person's capacity as a carriage service provider; or
 (c) the person is an internet service provider and, in engaging in that conduct, is acting solely in the person's capacity as an internet service provider; or
 (d) the person is an Australian hosting service provider and, in engaging in that conduct, is acting solely in the person's capacity as an Australian hosting service provider.

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 prosecution for an offence against this Subdivision, the determination of dishonesty is a matter for the trier of fact.

474.2  General dishonesty with respect to a carriage service provider

Obtaining a gain
 (1) A person commits 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 commits 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 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