Document ID: chunk:federal_register_of_legislation:C2006C00305:clause:1_1:p6
Version: federal_register_of_legislation:C2006C00305
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 6/24)
Character Range: 20840–23387

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 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 the supply of a carriage service.

Penalty: Imprisonment for 5 years.

 (3) A person is guilty of 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 of a carriage service; and
 (b) the person knows or believes that the loss will occur or that there is a substantial risk of the loss occurring.

Penalty: Imprisonment for 5 years.

Subdivision B—Interference with telecommunications

474.3  Person acting for a carrier or carriage service provider

 (1) For the purposes of this Subdivision, a person who does any thing for or on behalf of a carrier, or on behalf of persons at least one of whom is a carrier, is, in respect of:
 (a) the doing by that person of that thing; or
 (b) any rental, fee or charge payable for or in relation to the doing by that person of that thing; or
 (c) the operation by that person of a facility in connection with the doing of that thing; or
 (d) a facility belonging to that person; or
 (e) the operation by that person of a satellite;
taken to be a carrier.

 (2) For the purposes of this Subdivision, a person who does any thing for or on behalf of a carriage service provider, or on behalf of persons at least one of whom is a carriage service provider, is, in respect of:
 (a) the doing by that person of that thing; or
 (b) any rental, fee or charge payable for or in relation to the doing by that person of that thing; or
 (c) the operation by that person of a facility in connection with the doing of that thing; or
 (d) a facility belonging to that person; or
 (e) the operation by that person of a satellite;
taken