Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p14
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 14/24)
Character Range: 40891–43515

a telecommunications network with intention to commit a serious offence

 (1) A person is guilty of an offence if:
 (a) the person:
 (i) connects equipment to a telecommunications network; and
 (ii) intends by this to commit, or to facilitate the commission of, an offence (whether by that person or another person); and
 (b) the offence is:
 (i) a serious offence against a law of the Commonwealth, a State or a Territory; or
 (ii) a serious offence against a foreign law.

 (2) A person is guilty of an offence if:
 (a) the person uses equipment connected to a telecommunications network in the commission of, or to facilitate the commission of, an offence (whether by that person or another person); and
 (b) the offence is:
 (i) a serious offence against a law of the Commonwealth, a State or a Territory; or
 (ii) a serious offence against a foreign law.

 (3) A person who is guilty of an offence against subsection (1) or (2) is punishable, on conviction, by a penalty not exceeding the penalty applicable to the serious offence.

 (4) Absolute liability applies to paragraphs (1)(b) and (2)(b).

Note: For absolute liability, see section 6.2.

 (5) A person may be found guilty of an offence against subsection (1) or (2) even if committing the serious offence is impossible.

 (6) It is not an offence to attempt to commit an offence against subsection (1) or (2).

474.15  Using a carriage service to make a threat

Threat to kill

 (1) A person (the first person) is guilty of an offence if:
 (a) the first person uses a carriage service to make to another person (the second person) a threat to kill the second person or a third person; and
 (b) the first person intends the second person to fear that the threat will be carried out.

Penalty: Imprisonment for 10 years.

Threat to cause serious harm

 (2) A person (the first person) is guilty of an offence if:
 (a) the first person uses a carriage service to make to another person (the second person) a threat to cause serious harm to the second person or a third person; and
 (b) the first person intends the second person to fear that the threat will be carried out.

Penalty: Imprisonment for 7 years.

Actual fear not necessary

 (3) In a prosecution for an offence against this section, it is not necessary to prove that the person receiving the threat actually feared that the threat would be carried out.

Definitions

 (4) In this section:

fear includes apprehension.

threat to cause serious harm to a person includes a threat to substantially contribute to serious harm to the person.

474.16  Using a carriage service for a hoax threat

  A