Document ID: chunk:federal_register_of_legislation:C2025C00044:section:139
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 139
Character Range: 356201–357618

139  Providing a designated service using a false customer name or customer anonymity
 (1) A person commits an offence if:
 (a) the person is a reporting entity; and
 (b) the person commences to provide a designated service; and
 (c) the person does so using a false customer name; and
 (d) at least one provision of Division 2, 3 or 4 of Part 2 applies to the provision of the designated service.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (2) Strict liability applies to the paragraph (1)(d) element of the offence.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (2A) Paragraph (1)(c) does not apply to a false customer name if the customer's use of that name is justified, or excused, by or under a law.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
 (3) A person commits an offence if:
 (a) the person is a reporting entity; and
 (b) the person commences to provide a designated service; and
 (c) the person does so on the basis of customer anonymity; and
 (d) at least one provision of Division 2, 3 or 4 of Part 2 applies to the provision of the designated service.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
 (4) Strict liability applies to the paragraph (3)(d) element of the offence.
Note: For strict liability, see section 6.1 of the Criminal Code.