General Dishonesty With Respect to a Carriage Service Provider – Obtaining a Gain
General dishonesty with respect to a carriage service provider – obtaining a gain is an offence under section 474.2(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You acted with the intention of obtaining a gain from a carriage service provider
- You did so dishonestly, and
- The gain sought related to the supply of a carriage service.
‘Obtaining’ includes:
- Obtaining for another person, and
- Inducing a third person to do something that results in another person obtaining.
A ‘gain’ may be a financial or any other form of material advantage.
A ‘carriage service’ is:
‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media sites.
A ‘carriage service provider’ is anyone that supplies, or proposes to supply, a listed carriage service to the public using a network unit:
- Owned by one or more carriers, or
- In relation to which a nominated carrier declaration is in force.
This includes companies such as Telstra, Vodafone and Optus.
‘Dishonesty’ is determined:
- According to the standards of ordinary people, and
- Known by you to be dishonest according to those standards.
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