Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_16:p5
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 5/6)
Character Range: 136382–139243

mail‑receptacles

 (1) A person is guilty of an offence if the person dishonestly:
 (a) opens a mail‑receptacle; or
 (b) tampers with a mail‑receptacle.

Penalty: Imprisonment for 5 years.

 (2) A person is guilty of an offence if:
 (a) the person intentionally opens a mail‑receptacle; and
 (b) the person is not authorised by Australia Post to open the mail‑receptacle; and
 (c) the person does so knowing that he or she is not authorised by Australia Post to open the mail‑receptacle.

Penalty: Imprisonment for 2 years.

471.8  Dishonestly obtaining delivery of articles

  A person is guilty of an offence if the person dishonestly obtains delivery of, or receipt of, an article in the course of post that is not directed to the person.

Penalty: Imprisonment for 5 years.

471.9  Geographical jurisdiction

  Section 15.3 (extended geographical jurisdiction—category C) applies to each offence against this Part.

Division 472—Miscellaneous

472.1  Saving of other laws

  This Part is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

472.2  Interpretation of other laws

  In determining the meaning of a provision of:
 (a) Part VIIA of the Crimes Act 1914; or
 (b) the Australian Postal Corporation Act 1989;
this Part is to be disregarded.

Part 10.6—Telecommunications

Division 473—Preliminary

473.1  Definitions

  In this Part:

loss means a loss in property, whether temporary or permanent, and includes not getting what one might get.

obtaining includes:
 (a) obtaining for another person; and
 (b) inducing a third person to do something that results in another person obtaining.

property has the same meaning as in Chapter 7.

carriage service has the same meaning as in the Telecommunications Act 1997.

carriage service provider has the same meaning as in the Telecommunications Act 1997.

473.2  Dishonesty

  For the purposes of this Part, 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.

473.3  Determination of dishonesty to be a matter for the trier of fact

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

Division 474—Telecommunications offences

474.1  General dishonesty with respect to a carriage service provider

Obtaining a gain

 (1) A person is guilty of 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 is guilty of an offence if the person does anything with the intention of dishonestly causing a loss to a carriage service provider in connection with