Using a telecommunications network with intention to commit a serious offence
474.14 Using a telecommunications network with intention to commit a serious offence
A person commits an offence if:
the person:
connects equipment to a telecommunications network; and
intends by this to commit, or to facilitate the commission of, an offence (whether by that person or another person); and
the offence is:
a serious offence against a law of the Commonwealth, a State or a Territory; or
a serious offence against a foreign law.
A person commits an offence if:
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
the offence is:
a serious offence against a law of the Commonwealth, a State or a Territory; or
a serious offence against a foreign law.
A person who commits an offence against subsection (1) or (2) is punishable, on conviction, by a penalty not exceeding the penalty applicable to the serious offence.
Absolute liability applies to paragraphs (1)(b) and (2)(b).
For absolute liability, see section 6.2.
A person may be found guilty of an offence against subsection (1) or (2) even if committing the serious offence is impossible.
It is not an offence to attempt to commit an offence against subsection (1) or (2).
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