Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p15
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 15/24)
Character Range: 43260–45917

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 person is guilty of an offence if:
 (a) the person uses a carriage service to send a communication; and
 (b) the person does so with the intention of inducing a false belief that an explosive, or a dangerous or harmful substance or thing, has been or will be left in any place.

Penalty: Imprisonment for 10 years.

474.17  Using a carriage service to menace, harass or cause offence

 (1) A person is guilty of an offence if:
 (a) the person uses a carriage service; and
 (b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.

Penalty: Imprisonment for 3 years.

 (2) Without limiting subsection (1), that subsection applies to menacing, harassing or causing offence to:
 (a) an employee of the NRS provider; or
 (b) an emergency call person; or
 (c) an employee of an emergency service organisation; or
 (d) an APS employee in the Attorney‑General's Department acting as a National Security Hotline call taker.

474.18  Improper use of emergency call service

 (1) A person is guilty of an offence if the person:
 (a) makes a call to an emergency service number; and
 (b) does so with the intention of inducing a false belief that an emergency exists.

Penalty: Imprisonment for 3 years.

 (2) A person is guilty of an offence if:
 (a) the person makes a call to an emergency service number; and
 (b) the person makes the call otherwise than for the purpose of reporting an emergency; and
 (c) the call is a vexatious one.

Penalty: Imprisonment for 3 years.

 (3) In determining whether a call by a person to an emergency service number is a vexatious one, have regard to:
 (a) the content of the call; and
 (b) the number, frequency and content of previous calls the person has made to emergency service numbers otherwise than for the purpose of reporting emergencies; and
 (c) any other relevant matter.

474.19  Using a carriage service for child pornography material

 (1) A person is guilty of an offence if:
 (a) the person:
 (i) uses a carriage service to access material; or
 (ii) uses a carriage service to cause material to be transmitted to the person; or
 (iii) uses a carriage service to transmit material; or
 (iv) uses a carriage service to make material available; or
 (v) uses a carriage service to publish or otherwise