Act No. 127 of 2004 as amended
1 Short title
2 Commencement
1 Section 1
Table of sections and commencement provision
31 August 2004
2 Section 2
Schedule 1 triggers on a specific date after Royal Assent.
1 March 2005
3 Section 3
28 September
4 Section 4
Schedule 5 items 1 to 8, effective on the 28th day after Royal Assent.
5 Section 5
Conditional commencement of item 6 of Schedule 1 to the Cybercrime Act 2001.
Defines temporal relation for commencement
Commencement occurs immediately after item 6
Immediately after the commencement of item 6
21 December
2 Crimes Legislation Amendment (Telecommunications Offences and
6 Section 6
Schedule 5 items 10 to 16, commencement on the 28th day after Royal Assent.
3 Schedule(s)
Amends or repeals Acts specified in a Schedule according to its terms.
1 Part 10.6 of the Criminal Code
Repeal Part and substitute with new provision.
473 Section 473
Definitions for access and account identifier
4 Crimes Legislation Amendment (Telecommunications Offences and
Defines terms related to telecommunications and child abuse material/pornography.
6 Crimes Legislation Amendment (Telecommunications Offences and
Defines terms related to telecommunications offences.
Applies to explicit class/type/subclass hierarchies.
8 Crimes Legislation Amendment (Telecommunications Offences and
Defines terms related to telecommunications offences
10 Crimes Legislation Amendment (Telecommunications Offences and
Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004
Possession or control of data or material in the form of data includes a reference to the person having possession or control of data, or material that is in the form of data.
Class hierarchy for identifying persons with possession or control of data
Temporal relation between person and computer
Producing, supplying or obtaining data or material in the form of data is prohibited.
Prohibits producing, supplying or obtaining data or material in the form of data.
Includes a reference to the person producing, supplying or obtaining data held or contained in a computer or data storage device.
Consider standards of morality, decency and propriety when deciding if material is offensive.
Reasonable adults generally accept certain standards of morality, decency and propriety.
Material should be considered offensive if it violates these standards.
Temporal consideration of material's publication date
The material was published during a time when certain standards were generally accepted.
Material should be considered offensive if it was published during this time.
If the material is of a medical, legal or scientific character, then it should be considered less offensive.
Material is considered less offensive if it has this characteristic.
Spread of information and its impact on public opinion
The material's spread through the carriage service can influence public opinion.
Material should be considered offensive if it has a significant impact on public opinion.
Artificial intelligence analysis of material's content
The carriage service's AI can analyze the material's content and determine its offensiveness.
Material should be considered offensive if the AI determines it to be so.
474 Section 474
474(1) Section 474
474(2) Section 474
Triers of fact have the obligation to determine dishonesty in a prosecution.
Triers of fact have an obligation to determine dishonesty.
Dishonestly obtaining a gain from a carriage service provider
Dishonestly causing loss to a carriage service provider is an offence.
Imposes duty on NaturalPerson to not cause loss.
Prohibits NaturalPerson from causing loss to a carriage service provider.
Defines a temporal interval for the penalty.
Establishes a relationship between the action and the penalty.
Spreads the obligation to NaturalPerson through the provision.
474(3) Section 474
Dishonestly causing a loss or risk of loss to a carriage service provider is an offence.
Imposes a duty on individuals to avoid causing loss or risk of loss.
(a) the person dishonestly causes a loss, or dishonestly causes a risk of loss...
States the penalty for violating this obligation.
(3) A person is guilty of an offence if:
...the person dishonestly causes a loss, or dishonestly causes a risk of loss...
Indicates the ongoing nature of the obligation.
12 Crimes Legislation Amendment (Telecommunications Offences and
Prohibition on interference with telecommunications
Prohibits interference with telecommunications
A person who does anything for or on behalf of a carrier is liable.
Liability for actions on behalf of a carrier
A person who does something for or on behalf of a carriage service provider is liable.
Liability for actions on behalf of a carriage service provider.
Doing something for or on behalf of a carriage service provider.
Manufacturing, advertising, or selling interception devices is prohibited.
(a) the person: (i) manufactures; or (ii) advertises, displays or offers for sale; or (iii) sells; or (iv) possesses;
An apparatus or device is an interception device.
(1) A person is guilty of an offence if: (a) the person: ...; and (b) the apparatus or device is an interception device.
Temporal relation between manufacture and prohibition
The action must occur before the prohibition takes effect.
Defendant bears evidential burden in relation to matter.
Defendant bears evidential burden in relation to subsection 13.3(3)
Causing unwanted communication reception is an offence.
Prohibits causing unwanted communication reception.
(a) a communication is in the course of telecommunications carriage; and (b) the person causes the communication to be received by a person or carriage service other than the person or service to whom it is directed.
Establishes temporal relation between communication reception and imprisonment.
(1) A person is guilty of an offence if: (a) a communication is in the course of telecommunications carriage; and (b) the person causes the communication to be received by a person or carriage service other than the person or service to whom it is directed.
Establishes recurring trace of unwanted communication reception.
Diffuses information about unwanted communication reception.
Classifies unwanted communication reception as an offence using AI.
Consent or authorisation required for criminal responsibility
The person to whom or the person operating the carriage service...
...the person engages in the conduct referred to in paragraph (1)(b)
Temporal relation between consent and criminal responsibility
(2) A person is not criminally responsible...
...if the person engages in the conduct referred to in paragraph (1)(b)
Recurring trace of consent and criminal responsibility
...with the consent or authorisation of the person to whom, or the person operating the carriage service...
Diffusing responsibility through consent
Cognitive process of consent and criminal responsibility
14 Crimes Legislation Amendment (Telecommunications Offences and
Tampering with a facility is an offence.
Absolute liability applies to the physical element of circumstance of the offence, that the facility is owned or operated by a carrier, a carriage service provider or a nominated carrier.
Tampering with a facility results in hindering the normal operation of a carriage service.
(3) A person is guilty of an offence if: (a) the person tampers with, or interferes with, a facility owned or operated by: (i) a carrier; or (ii) a carriage service provider; or (iii) a nominated carrier;
The prohibition overlaps with the normal operation of carriage services.
b) this conduct results in hindering the normal operation of a carriage service supplied by a carriage service provider.
The prohibition repeats with each instance of tampering with facilities.
(a) the person tampers with, or interferes with, a facility owned or operated by: (i) a carrier; or (ii) a carriage service provider; or (iii) a nominated carrier;
The person has an obligation to not tamper with facilities.
Tampering with facilities implies guilt of an offence.
474(4) Section 474
Absolute liability for certain physical elements of circumstance in an offence against subsection (3)
(4) For the purposes of an offence against subsection (3)
474(5) Section 474
Using apparatus or device to hinder carriage service operation is an offence.
...hindering the normal operation of a carriage service supplied by a carriage service provider.
...if the conduct results in hindering the normal operation of a carriage service supplied by a carriage service provider.
...if the person uses or operates any apparatus or device...
474(6) Section 474
Absolute liability applies to the physical element of circumstance of the offence.
(6) For the purposes of an offence against subsection (5)
absolute liability applies to the physical element of circumstance of the offence.
Temporal relation between liability and carriage service supply
Recurring trace between carriage service supply and liability
Diffusion of liability through carriage service supply
Classification of liability through carriage service supply
474(7) Section 474
Defendant bears evidential burden in relation to the matter in this subsection.
474(8) Section 474
Facility taken to be owned or operated by nominated carrier under Telecommunications Act 1997.
Modifying or interfering with a telecommunications device identifier is an offence.
Prohibits modifying or interfering with a telecommunications device identifier.
Exempts certain individuals from criminal liability for telecommunications offenses.
Imposes obligation on the state to exempt certain individuals.
16 Crimes Legislation Amendment (Telecommunications Offences and
Possession or control of data with intention to use it for committing an offence.
Person has possession or control of data
Temporal relation between possession and control
Person has possession or control of data at some point
Possession or control is used for committing an offence
Guilt for offence against subsection (1) regardless of impossible modification
No attempt to commit an offence against subsection (1) is an offence.
(3) It is not an offence to attempt to commit an offence against subsection (1).
Defendant bears evidential burden in relation to the matter.
Defence to criminal responsibility for law enforcement or intelligence officers acting in duty
Producing, supplying or obtaining something with the intention of using it for personal gain is an offence.
Prohibits producing, supplying or obtaining something with the intention of using it for personal gain.
(a) the person produces, supplies or obtains any thing or data;
the person is guilty of an offence if...
Imposes a duty on individuals to not produce, supply or obtain something with the intention of using it for personal gain.
(b) the person does so with the intention that the thing or data be...
Describes the temporal relationship between the commission of an offence and the penalty.
Establishes a causal relationship between the commission of an offence and the penalty.
Describes how the penalty is transmitted to the individual.
Permits committing an offence against subsection 474.7(1) to also be found guilty of the offence under subsection (1)
18 Crimes Legislation Amendment (Telecommunications Offences and
18(3) Crimes Legislation Amendment (Telecommunications Offences and
18(4) Crimes Legislation Amendment (Telecommunications Offences and
18(5) Crimes Legislation Amendment (Telecommunications Offences and
Defence to criminal liability for law enforcement or intelligence officers acting in duty
Law enforcement or intelligence officers acting in duty
Copying subscription-specific secure data onto a new account identifier is prohibited.
Copying subscription-specific secure data onto an account identifier or something capable of operating as one is an offence.
Exemption from criminal responsibility for certain offenses
Exempts individuals from criminal liability
20 Crimes Legislation Amendment (Telecommunications Offences and
Defence for law enforcement or intelligence officers acting in the course of their duties.
(a) the person has possession or control of any thing or data;
the person has that possession or control with the intention...
Intention to use data for committing an offence
(b) the person has that possession or control with the intention that the thing or data be used:
...in committing an offence against subsection 474.10(1)
Exemption from guilt for impossible actions
(2) A person may be found guilty of an offence against subsection (1)
even if committing the offence against subsection 474.10(1)
Describes temporal relationship between actions
Describes relationship between actions and guilt
A person is not criminally responsible for an offence against subsection (1) if the person is: ...
A person is not criminally responsible for an offence against subsection (1).
The person is not criminally responsible if the person is: ...
An employee or agent of that carrier who is acting on behalf of that carrier; ...
The person is not criminally responsible if the person is an employee or agent of that carrier who is acting on behalf of that carrier.
Acting with the consent of that carrier.
The person is not criminally responsible if the person is acting with the consent of that carrier.
the matter in this subsection, see subsection 13.3(3).
The person bears an evidential burden in relation to the matter in this subsection.
A defendant is criminally responsible for an offence against subsection (1).
The person is not criminally responsible if the person is a defendant.
Producing, supplying or obtaining data or a device with intent to copy an account identifier is prohibited.
Prohibits producing, supplying or obtaining data or a device with intent to copy an account identifier.
22 Crimes Legislation Amendment (Telecommunications Offences and
22(2) Crimes Legislation Amendment (Telecommunications Offences and
A person may be found guilty of an offence against subsection (1) even if committing the offence against subsection 474.10(1) or 474.10(2) is impossible.
22(3) Crimes Legislation Amendment (Telecommunications Offences and
22(4) Crimes Legislation Amendment (Telecommunications Offences and
The person is the carrier who operates the facilities used, or to be used, in the supply of the public mobile telecommunications service
The person is not criminally responsible for an offence against subsection (1)
The person is acting with the consent of that carrier
Temporal relationship between carrier and employee/agent
The person is an employee or agent of that carrier who is acting on behalf of that carrier
The carrier's consent is required for the employee/agent to act
Exemptions from criminal responsibility based on role
22(5) Crimes Legislation Amendment (Telecommunications Offences and
Law enforcement or intelligence officer acting in duty
Guilty of an offence if connects equipment to a telecommunications network with intent to commit or facilitate an offence.
(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
(1) A person is guilty of an offence if:
Serious offence against a law of the Commonwealth, a State or a Territory
(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
Temporal interval between connecting and committing an offence
connects equipment to a telecommunications network; and intends by this to commit, or to facilitate the commission of, an offence
Ordered trace between connecting and committing an offence
Using equipment connected to a telecommunications network to facilitate an offence is prohibited.
Prohibition of using equipment connected to a telecommunications network.
(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: Telecommunications offences Schedule 1
(2) A person is guilty of an offence if: ... (a) ... (b) ...
The provision overlaps with other provisions related to telecommunications offences.
The provision repeats a similar provision in another section.
The provision influences other provisions related to telecommunications offences.
The provision recognizes a pattern of behavior in telecommunications offences.
24 Crimes Legislation Amendment (Telecommunications Offences and
24(3) Crimes Legislation Amendment (Telecommunications Offences and
Guilty person punishable by penalty not exceeding serious offence penalty.
(3) A person who is guilty of an offence...
Implies a consequence for those who are guilty.
24(4) Crimes Legislation Amendment (Telecommunications Offences and
Absolute liability applies to paragraphs (1)(b) and (2)(b).
24(5) Crimes Legislation Amendment (Telecommunications Offences and
Guilty of an offence even if committing is impossible
(5) A person may be found guilty of an offence...
even if committing the serious offence is impossible.
24(6) Crimes Legislation Amendment (Telecommunications Offences and
No attempt to commit an offence is an offence.
Using a carriage service to threaten someone is an offence.
Using a carriage service to make a threat to cause serious harm is an offence.
No need to prove fear in threat prosecution
Threat not necessarily feared to be carried out
(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.
Definition of fear and threat to cause serious harm.
Substantial contribution to serious harm.
(4) In this section: fear includes apprehension. threat to cause serious harm to a person includes a threat to
Threat to cause serious harm to a person includes a threat to substantially contribute to serious harm to the person.
Using a carriage service to send a hoax threat is prohibited.
Using a carriage service in a menacing, harassing or offensive way is an offence.
Prohibits using a carriage service in a menacing, harassing or offensive way.
(a) the person uses a carriage service; and (b) the person does so in a way...
Imposes an obligation to not use a carriage service in a menacing, harassing or offensive way.
Actions are during the use of a carriage service.
Actions are through the use of a carriage service.
Prohibits menacing, harassing or causing offence to certain individuals.
(2) Without limiting subsection (1), that subsection applies to...
...menacing, harassing or causing offence to:
26 Crimes Legislation Amendment (Telecommunications Offences and
Prohibition on acting as a National Security Hotline call taker
APS employee in the Attorney-General’s Department
Making false emergency calls is prohibited.
(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.
Implies imprisonment for 3 years if making false emergency calls is prohibited.
Making a non-emergency call to an emergency service number is prohibited.
Prohibits making non-emergency calls to emergency services.
(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.
The call overlaps with the definition of an emergency service call.
The call repeats the definition of a vexatious call.
The definition spreads to include all non-emergency calls.
The system recognizes the definition of a non-emergency call.
Determine whether a call is vexatious based on previous calls and content.
Call by a person to an emergency service number is a call for assistance.
Consider the content and previous calls when determining whether a call is vexatious.
Consider previous calls within a time frame when determining vexatiousness.
Previous calls have a temporal relationship with the current call.
The number and frequency of previous calls are relevant when determining whether a call is vexatious.
Consider previous calls until a certain point in time when determining vexatiousness.
Consider how previous calls diffuse information about the person making the call.
Previous calls have content that can be diffused to others.
Consider how AI systems process information about the person making the call.
Previous calls have content that can be processed by AI systems.
Using a carriage service to access or transmit child pornography material is prohibited.
Prohibition of accessing or transmitting child pornography material.
(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 distribute material; and
(b) the material is child pornography material.
Fault elements for physical elements of an offence against subsection (1)
Defines the fault elements for physical elements of an offence
Possession or control of child pornography material is prohibited.
Prohibits possession or control of child pornography material.
(a) the person: (i) has possession or control of material; or (ii) produces, supplies or obtains material;
The person is guilty of an offence if...
Prohibits use of carriage service for child pornography material.
in committing an offence against section 474.19 (using a carriage service for child pornography material).
Implies imprisonment for 10 years if offence is committed.
(c) the person has that possession or control, or engages in that production, supply or obtaining...
Implying imprisonment for 10 years suggests a causal relationship between commission of offence and penalty.
Guilt for offence against subsection (1) possible even if committing the offence is impossible.
even if committing the offence against section 474.19 is impossible.
28 Crimes Legislation Amendment (Telecommunications Offences and
conduct does not extend beyond what is of public benefit
Conduct is of public benefit if necessary for or of assistance in enforcing a law, monitoring compliance, administering justice, or approved research.
Necessary condition for public benefit conduct.
(2) For the purposes of subsection (1), conduct is of public benefit if...
...the conduct is necessary for or of assistance in...
(b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or a Territory; or
(a) enforcing a law of the Commonwealth, a State or a Territory; or
Law enforcement officer or intelligence officer not criminally responsible for using a carriage service to access child pornography material if acting in the course of their duties.
If A is a law enforcement officer, then B is not criminally responsible.
If C is an intelligence or security officer, then D is not criminally responsible.
C is an intelligence or security officer.
If E is a law enforcement officer, then F is reasonable in the circumstances for the purpose of performing that duty.
If G is an intelligence or security officer, then H is reasonable in the circumstances for the purpose of performing that duty.
G is an intelligence or security officer.
If I is a law enforcement officer, then J is not criminally responsible if K is reasonable in the circumstances for the purpose of performing that duty.
If L is an intelligence or security officer, then M is not criminally responsible if N is reasonable in the circumstances for the purpose of performing that duty.
L is an intelligence or security officer.
A person is not criminally responsible for an offence against section 474.19 or 474.20 if the person engages in the conduct in good faith.
Obligation to not engage in conduct that would make someone criminally responsible.
The person engages in the conduct in good faith.
The person is not criminally responsible for an offence against section 474.19 or 474.20.
Using a carriage service to access or distribute child abuse material is prohibited.
(a) the person: ... (v) uses a carriage service to publish or otherwise distribute material;
The use of a carriage service to access or distribute child abuse material is prohibited.
30 Crimes Legislation Amendment (Telecommunications Offences and
Fault elements for conduct and circumstances
Defines intention and recklessness as fault elements
Possession or control of child abuse material with intention to use it is an offence.
(i) has possession or control of material;
(c) the person has that possession or control, or engages in that production, supply or obtaining, with the intention that the material be used:
in committing an offence against section 474.22 (using a carriage service for child abuse material).
Temporal interval of possession or control
Guilty of an offence against subsection (1) even if committing the offence is impossible.
Defences against criminal responsibility for using a carriage service to distribute child abuse material
Exempts from criminal responsibility for using a carriage service to abuse child material
Possessing child abuse material for use through a carriage service is prohibited for law enforcement or intelligence officers acting in the course of their duties.
Prohibits possessing child abuse material for use through a carriage service.
Law enforcement or intelligence officers acting in the course of their duties.
Possessing child abuse material for use through a carriage service is prohibited.
Possessing child abuse material for use through a carriage service in good faith to assist the Australian Broadcasting Authority to detect telecommunications offences.
Assistance to Australian Broadcasting Authority
Detection of telecommunications offences
32 Crimes Legislation Amendment (Telecommunications Offences and
Prohibits manufacturing or developing content filtering technology without a recognised alternative access-prevention arrangement.
Internet service providers and Internet content hosts must refer details of child abuse material to the Australian Federal Police within a reasonable time.
Timeframe for reporting child abuse material
Reporting of child abuse material implies a moral obligation
Reporting of child abuse material involves the transmission of information to the Australian Federal Police
Sending unsolicited sexual messages to minors is prohibited.
Prohibits sending unsolicited sexual messages to minors.
(a) the sender uses a carriage service to transmit a communication to another person (the recipient); and (b) the sender does this with the intention of procuring the recipient to engage in, or submit to, sexual activity with the sender; and (c) the recipient is someone who is, or who the sender believes to be, under 16 years of age;
(2) A person (the sender) commits an offence...
Defines the temporal interval for sending unsolicited sexual messages to minors.
Sender must send message within a specific time frame.
Defines the recurring trace of sending unsolicited sexual messages to minors.
Sender must send message repeatedly within a specific time frame.
Diffuses the information about sending unsolicited sexual messages to minors.
Information is diffused to relevant authorities.
Classifies the act of sending unsolicited sexual messages to minors as a cognitive task.
Sender is using their cognitive abilities to send message.
(a) the sender uses a carriage service to transmit a communication to another person (the recipient); and (b) the sender does this with the intention of procuring the recipient to engage in, or submit to, sexual activity with another person;
Prohibits sending unsolicited messages to minors.
(c) the recipient is someone who is, or who the sender believes to be, under 16 years of age;
Prohibits sending messages in the presence of minors.
(e) the sender intends that the sexual activity referred to in paragraph (b) will take place in the presence of: (i) the sender; or (ii) another person who is, or who the sender believes to be, at least 18 years of age;
34 Crimes Legislation Amendment (Telecommunications Offences and
Sending indecent material to minors is an offence.
Prohibits sending indecent material to minors.
(a) the sender uses a carriage service to transmit a communication to another person (the recipient); and (b) the communication includes material that is indecent;
(1) A person (the sender) commits an offence if...
The recipient is someone who is, or who the sender believes to be, under 16 years of age;
(d) the recipient is someone who is, or who the sender believes to be, under 16 years of age;
The sender must not send indecent material to minors.
(c) the sender does this with the intention of making it easier to procure the recipient to engage in, or submit to, sexual activity with the sender;
(e) the sender is at least 18 years of age;
The sender must be at least 18 years old to send indecent material.
The recipient must not engage in, or submit to, sexual activity with the sender.
Sending indecent material to minors with intent to engage in sexual activity is prohibited.
Classifies the act of sending indecent material to minors as a crime.
(2) A person (the sender) commits an offence if...
Defines a temporal interval for the offense.
(c) the sender does this with the intention of making it easier to procure the recipient to engage in, or submit to, sexual activity with another person;
The other person referred to in paragraph (c) is someone who is, or who the sender believes to be, at least 18 years of age.
Defines a recurring trace for the offense.
(e) the other person referred to in paragraph (c) is someone who is, or who the sender believes to be, at least 18 years of age;
The recipient is under 16 years old and the other person is at least 18 years old.
Describes the implication of the offense.
Sending indecent material to minors with intent for sexual activity is prohibited.
Classifies the sender as committing an offence.
(3) A person (the sender) commits an offence if...
The other person referred to in paragraph (c) is someone who is, or who the sender believes to be, under 18 years of age;
Implies that sexual activity with minors is prohibited.
(f) the sender intends that the sexual activity referred to in paragraph (c) will take place in the presence of...
Classifies the recipient as being under 18 years of age.
(e) the other person referred to in paragraph (c) is someone who is, or who the sender believes to be, under 18 years of age;
Prohibits sexual activity with minors in the presence of others.
(i) the sender; or (ii) another person who is, or who the sender believes to be, at least 18 years of age.
Trier of fact determines material's indecency in prosecution
Defines indecent as indecent according to ordinary people's standards.
Provisions relating to offences against sections 474.26 and
Absolute liability applies to the physical elements of circumstance of the offence that the other person is at least 18 years of age.
Recipient must be represented to sender as under or of Telecommunications offences Schedule 1
36 Crimes Legislation Amendment (Telecommunications Offences and
Age verification for sender of unsolicited messages
Exhibit admissible evidence in determining age for sections 474.26 and 474.27.
Prosecutor's duty to adduce best possible evidence
Prosecutor has a duty to adduce best possible evidence
(6) Subsection (5) does not make any other kind of evidence inadmissible
Prosecutor must do all he or she can to adduce the best possible evidence
Prosecutor has an obligation to adduce best possible evidence
Subsection (5) is a class of evidence that does not affect prosecutor's duty
Court must warn jury beyond reasonable doubt
Guilty of an offence against section 474.26 or 474.27 even if impossible for sexual activity to take place.
If impossible, then guilty of an offence.
Impossible for sexual activity to take place.
Guilty of an offence against section 474.26 or 474.27.
Impossible for sexual activity to take place overlaps with guilty of an offence against section 474.26 or 474.27.
Guilty of an offence against section 474.26 or 474.27 if impossible for sexual activity to take place.
Guilty of an offence against section 474.26 or 474.27 until impossible for sexual activity to take place.
Impossible for sexual activity to take place diffuses into guilty of an offence against section 474.26 or 474.27.
CogAI recognizes guilty of an offence against section 474.26 or 474.27 if impossible for sexual activity to take place.
474(9) Section 474
Sender must not attempt to commit an offence
Prohibits attempting to commit an offence
Sender believes sender is transmitting to a real person
474(10) Section 474
Attempt to commit an offence against section 474.26 or 474.27 is not an offence.
Attempt to commit an offence against section 474.26 or 474.27.
474(11) Section 474
Prohibits procurement of a person to engage in sexual activity
Defence to prosecution for underage recipient
Defence to prosecution for an offence against subsection
Belief of age at the time of communication
38 Crimes Legislation Amendment (Telecommunications Offences and
Defendant bears evidential burden in relation to the matter in this section.
Jury may take into account whether the alleged belief was reasonable in the circumstances
Good faith exemption for employees of NRS provider from criminal liability.
Employee is acting in the course of their duties
Temporal overlap between employee's duties and conduct
Employee's conduct occurs during their working hours
Good faith exemption from criminal responsibility for emergency call persons
475 Section 475
475(1) Section 475
No exclusion or limitation of other laws
(1) This Part is not intended to exclude or limit the operation of any other law...
...of any other law of the Commonwealth or any law of a State or Territory.
475(2) Section 475
Prohibition on criminal responsibility for certain conduct under the Radiocommunications Act 1992.
Prohibits criminal responsibility for certain conduct.
Geographical jurisdiction applies to each offence against this Part.
Section 15.1 (extended geographical jurisdiction—category A)
2 Paragraph 1(3)(b) of Schedule 5
Repeal paragraph, substitute with new provision related to telecommunications offences.
3 At the end of section 15HB
Serious Commonwealth offence for the purposes of this Part.
Definition of serious Commonwealth offence
4 After paragraph 15Y(1)(c)
Offence against section 474.26 or 474.27 of the Criminal Code
Prohibits use of carriage service to procure or groom persons under 16 years of age
5 Part VIIB
6 Subsections 471.11(3), (4) and (5) of the Criminal Code
Repeal subsections and substitute with new provision
40 Crimes Legislation Amendment (Telecommunications Offences and
40(3) Crimes Legislation Amendment (Telecommunications Offences and
No fear of threat is necessary to prove in prosecution.
...feared that the threat would be carried out.
40(4) Crimes Legislation Amendment (Telecommunications Offences and
Definition of fear and threat to cause serious harm
Inclusion in definition of fear and threat
threat to cause serious harm to a person includes a threat to substantially contribute to serious harm to the person.
Substantial contribution in definition of threat
7 Paragraph 471.12(b) of the Criminal Code
Repeal paragraph and substitute with a new prohibition on menacing, harassing or offensive behavior.
Imposes a prohibition on the specified behavior.
8 Subsection 476.1(1) of the Criminal Code (definition of
9 Subsection 476.1(1) of the Criminal Code (definition of data
Repeal definition of data held in a computer
10 Subsection 476.1(1) of the Criminal Code (definition of
Repeal definition of data storage device
11 Subsection 476.1(1) of the Criminal Code (definition of
Repeal definition of telecommunications service
12 Subsection 476.5(2A) of the Criminal Code
Omit 'telecommunications services', substitute 'carriage services'
13 Paragraph 477.1(1)(b) of the Criminal Code
Omit 'telecommunications service', substitute 'carriage service'.
14 Subparagraph 477.2(1)(d)(iii) of the Criminal Code
15 Subparagraph 477.2(1)(d)(vii) of the Criminal Code
16 Subparagraph 477.3(1)(c)(i) of the Criminal Code
Omit 'telecommunications service', substitute 'carriage service'
17 Subparagraph 478.1(1)(d)(iii) of the Criminal Code
18 Dictionary in the Criminal Code
Defines carriage service as same as in Telecommunications Act 1997.
19 Dictionary in the Criminal Code
Defines communication in the Criminal Code
42 Crimes Legislation Amendment (Telecommunications Offences and
20 Dictionary in the Criminal Code
Defines data that includes information and programs.
Data is a subclass of Information and Program
Data starts during the creation of Information and Program
21 Dictionary in the Criminal Code
Defines data held in a computer for dictionary purposes
(a) data held in any removable data storage device for the time being held in a computer; or (b) data held in a data storage device on a computer network of which the computer forms a part.
Temporal relation between data and removable data storage devices
Data types included in dictionary via diffusion
Data types included in dictionary via CogAI
22 Dictionary in the Criminal Code
23 Dictionary in the Criminal Code (definition of electronic
24 Subsections 233BAB(3) and (4)
Repeal of subsections and substitution with new provisions related to child pornography.
44 Crimes Legislation Amendment (Telecommunications Offences and
44(4) Crimes Legislation Amendment (Telecommunications Offences and
Prohibits the creation, distribution, or possession of child abuse material.
44(4A) Crimes Legislation Amendment (Telecommunications Offences and
Consider standards of morality, decency and propriety when evaluating offensive material.
Inclusion in the list of factors to consider
The list includes standards of morality, decency and propriety
These factors must be considered when evaluating offensive material
The list includes a temporal interval for consideration
The list includes standards of morality, decency and propriety as well as literary, artistic or educational merit
These factors must be considered within the specified time frame
Implication from the list of factors to consider
These factors imply that material is not offensive if it meets certain criteria
Inclusion in the diffusion of standards of morality, decency and propriety
These factors are part of the diffusion of these standards
Inclusion in the cognitive framework for evaluating offensive material
These factors are part of the cognitive framework for evaluating offensive material
25 Subsection 5(1) (paragraph (c) of the definition of
Omit 'Part VIIB of the Crimes Act 1914' and substitute 'Part 10.6 of the Criminal Code'.
26 After subsection 5D(2)
An offence is also a class 2 offence if it is an offence against section 474.19, 474.20, 474.22, 474.23.
Classifies an offence as a class 2 offence.
An offence is also a class 2 offence if...
Establishes a temporal condition for the classification of an offence.
27 Subparagraph 7(2)(a)(iii)
Substitute Part 10.6 of the Criminal Code for Part VIIB of the Crimes Act 1914.
28 Subsection 11D(4)
Replace heading of subsection 11D(4) with new title.
29 Subsection 11D(4) (note)
46 Crimes Legislation Amendment (Telecommunications Offences and
30 Saving—existing regulations respecting interception
Regulations respecting interception continue in force after commencement.
31 Saving—offences against Part VIIB of the Crimes Act 1914
Prescribed offence includes an offence in relation to conduct that occurred before Part VIIB of the Crimes Act 1914 was repealed.
Prescribed offence includes an obligation.
The provision substantiates the prescribed offence.
1 After Part 9.4 of the Criminal Code
Insert provision after Part 9.4 of the Criminal Code
380 Section 380
380(1) Section 380
Definition of 'contaminated goods' and 'goods'
Temporal relation between 'goods' and 'contaminated goods'
(a) whether or not for human consumption...
Goods are temporally related to contaminated goods
Definition of 'interfere with' and 'make it appear'
(b) make it appear that the goods have been contaminated or interfered with.
Definition of 'constitutional trade and commerce'
constitutionsal trade and commerce means trade and commerce...
Constitutional trade and commerce is an obligation
380(2) Section 380
Members of the public must take steps to avoid public alarm or anxiety.
Members of the public MUST take steps to avoid public alarm or anxiety.
Subclass of economic loss caused through public awareness
Economic loss caused through public awareness includes...
Economic loss caused through public awareness includes steps taken to avoid public alarm or anxiety.
Temporal interval of steps taken to avoid public alarm or anxiety
Steps taken to avoid public alarm or anxiety are part of...
Steps taken to avoid public alarm or anxiety are contained within economic loss caused through public awareness.
Diffusion of steps taken to avoid public alarm or anxiety
Steps taken to avoid public alarm or anxiety spreads to economic loss caused through public awareness.
Requiring steps taken to avoid public alarm or anxiety
Economic loss caused through public awareness requires steps taken to avoid public alarm or anxiety.
Validating steps taken to avoid public alarm or anxiety
Steps taken to avoid public alarm or anxiety validates economic loss caused through public awareness.
48 Crimes Legislation Amendment (Telecommunications Offences and
Contaminating goods with intent to cause harm or risk to public health is an offence.
Prohibits contaminating goods with intent to cause harm or risk to public health.
Contamination of goods with intent to cause public alarm or economic loss is an offence.
Imposes a duty on the state to prevent contamination of goods.
Establishes a temporal relation between the contamination and its effects on constitutional trade and commerce.
Prohibits individuals from contaminating goods with intent to cause public alarm or economic loss.
380(3) Section 380
Absolute liability applies to paragraph (2)(c).
(3) Absolute liability applies to paragraph (2)(c).
Absolute liability is within paragraph (2)(c).
Paragraph (2)(c) has absolute liability.
Obligation is implied by absolute liability.
Threatening to contaminate goods is an offence.
Prohibits threatening to contaminate goods.
50 Crimes Legislation Amendment (Telecommunications Offences and
50(2) Crimes Legislation Amendment (Telecommunications Offences and
Making a threat of contamination with intent to cause public alarm or economic loss is an offence.
Making a threat of contamination with intent to cause public alarm or economic loss is prohibited.
The person makes a threat that goods will be contaminated.
The threat must be made in Australia for the contamination offence to apply.
(x) the person makes the threat outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
...(x) the loss is a loss to the Commonwealth or a Commonwealth authority;
The person making the threat has permission to do so if they are a constitutional corporation.
(vii) the loss takes the form of detriment to constitutional trade and commerce;
...(vii) the goods are in the course of, or intended for, constitutional trade and commerce;
The person making the threat has an obligation to provide information about the contamination.
(2) A person is guilty of an offence if:
50(3) Crimes Legislation Amendment (Telecommunications Offences and
Making false statements about contamination of goods is an offence.
Prohibits making false statements about contamination of goods.
52 Crimes Legislation Amendment (Telecommunications Offences and
52(2) Crimes Legislation Amendment (Telecommunications Offences and
Making false statements with intent to induce others to believe goods have been contaminated is a crime.
52(3) Crimes Legislation Amendment (Telecommunications Offences and
Absolute liability applies to paragraph (2)(d)
52(4) Crimes Legislation Amendment (Telecommunications Offences and
Making a statement includes conveying information by any means.
Conveying information is a subclass of statement making.
Extended geographical jurisdiction for category D offence
2 Dictionary in the Criminal Code
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional corporation is a type of corporation
54 Crimes Legislation Amendment (Telecommunications Offences and
1 At the end of Chapter 10 of the Criminal Code
480 Section 480
480(1) Section 480
Definition of deception and dishonesty in the context of personal financial information.
Establishes a class hierarchy for ADI, deception, and dishonesty.
480(2) Section 480
Deception is prohibited for obtaining consent.
480(3) Section 480
Personal information extends to individuals, corporations, and living or dead persons.
Relation between personal information and time
(1) 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.
Triers of fact must determine dishonesty in prosecutions.
Triers of fact have a duty to determine dishonesty.
Personal financial information applies to ADI or constitutional corporation funds/credits.
Dishonestly obtaining or dealing in personal financial information is prohibited.
56 Crimes Legislation Amendment (Telecommunications Offences and
Possession or control with intention to commit an offence against section 480.4
(a) the person has possession or control of any thing
(b) the person has that possession or control with the intention
the person intends to commit an offence against section 480.4
the person intends to facilitate the commission of an offence against section 480.4
(i) by the person; or (ii) by another person;
the possession or control occurs during the intended action
the possession or control is intended to facilitate the commission of an offence against section 480.4
Importation of thing with intent to dishonestly obtain or deal in personal financial information is prohibited.
Prohibits the importation of thing with intent to dishonestly obtain or deal in personal financial information.
The person imports a thing into Australia; and does so with the intention that the thing be used...
A person is guilty of an offence if the person...
Defines the temporal interval for the prohibited act.
Defines the recurring trace for the prohibited act.
Represents the knowledge about the prohibited act.
Defines the schema for the prohibited act.
1 At the end of section 11.2 of the Criminal Code
If the trier of fact is satisfied beyond reasonable doubt that a person is guilty of an offence, they may find them guilty.
2 Application of amendment
Amendment applies to prosecutions brought after commencement of item.
58 Crimes Legislation Amendment (Telecommunications Offences and
3 Paragraph 135.2(1)(a) of the Criminal Code
Prohibit obtaining a financial advantage from another person when not eligible.
4 Paragraph 135.2(2)(a) of the Criminal Code
Prohibit obtaining financial advantage for ineligible person
5 Subsection 9.3(2) of the Criminal Code
Repeal subsection, substitute with new provision
6 Paragraph 9.4(2)(a) of the Criminal Code
7 Paragraph 9.4(2)(b) of the Criminal Code
8 Transitional—pre-commencement offences
Continues to apply provisions before commencement of item.
60 Crimes Legislation Amendment (Telecommunications Offences and
1 Subsection 3(1) (subparagraph (a)(i) of the definition of
Repeal of a subparagraph and substitution with new conditions.
Prohibition of a flight within a Territory.
2 At the end of paragraph 15(1)(b)
Permits application of Prostitution Act 1992 in Jervis Bay Territory
3 Subsection 233B(1)
Possessing or bringing prohibited goods into Australia is an offence.
Prohibits possessing or bringing prohibited goods into Australia.
The person possesses goods on board a ship or aircraft; or brings goods into Australia; or imports goods into Australia; or possesses goods that have been imported into Australia in contravention of this Act;
An offence is committed if the person possesses or brings prohibited goods into Australia.
Prohibits exporting prohibited goods from Australia.
(a) The person exports goods from Australia; or fails to disclose to an officer on demand any knowledge in his or her possession or power concerning the exportation or intended exportation from Australia of goods;
An offence is committed if the person exports prohibited goods from Australia.
Justifies the prohibition on possessing or bringing prohibited goods into Australia.
(1AAB) Subparagraph (1)(a)(i), (ii), (iv), (v) or (vi) does not apply if the person proves that the person had a reasonable excuse for doing the act referred to in that subparagraph.
The person may justify their action if they have a reasonable excuse.
4 Subsection 233B(1AA)
Modify paragraph (1)(a) to subparagraph (1)(a)(i)
5 Subsection 233B(1AB)
6 Subsection 233B(1AC)
Modify paragraph (1)(ca) to subparagraph (1)(a)(vi)
7 Subsection 233B(1A)
Prohibits omitting specified paragraph subsection
8 Subsection 233B(1B)
62 Crimes Legislation Amendment (Telecommunications Offences and
Prohibition on certain telecommunications offences
9 Schedule 1 (heading relating to the Telecommunications
10 Paragraph 15(1)(c)
Request for evidential material from foreign country
11 Subsection 15(1)
Omit specific phrase from search warrant request.
12 Subsection 38ZA(1)
Police officer must inform Attorney-General and comply with direction on seized thing.
Information about seizure of thing, Compliance with Attorney-General's direction
13 Subsection 38ZA(3)
14 Subsection 38ZA(4)
Omit 'Commissioner', substitute 'police officer'.
15 Subsection 38ZA(5)
16 Subsection 38ZA(6)