Using a Telecommunications Network With Intent to Commit a Serious offence
Using a telecommunications network with intent to commit a serious offence is a crime under section 474.14(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty equivalent to that which applies to the serious offence committed.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You connected equipment to a telecommunications network
- You intended by doing so to commit, or facilitate the commission of, an offence by you or another person, and
- The offence was a serious offence against a law of the Commonwealth, a State or a Territory, or a serious offence against a foreign law.
A ‘telecommunications network’ is a system, or series of systems, that carries, or is capable of carrying, communications by means of guided and/or unguided electromagnetic energy, which includes telephone and internet networks.
A ‘serious offence against a law of the Commonwealth, a State or a Territory’ is an Australian offence that carries a maximum penalty of at least 5 years imprisonment.
A ‘serious offence against a foreign law’ is an offence against the law of a foreign country constituted by conduct that if it had occurred in Australia would be punishable by a maximum penalty of at least 5 years in prison.
You may be found guilty even if committing the offence was impossible.
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