Suggest a correction

Making of harassing or obscene telephone calls to emergency telephone numbers

Miscellaneous Offences(Public Order and Nuisance) Act 1906

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Any person who makes a telephone call to an emergency telephone number with intent to annoy, abuse, threaten or harass any person who answers the telephone call shall be guilty of an offence and, subject to subsection (3), shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both. (2) Any person who makes a telephone call to an emergency telephone number and, upon the call being answered, makes or solicits any comment, request, suggestion, proposal or other comment, request, suggestion, proposal or other communication or sound which is obscene, lewd, lascivious, filthy or indecent, shall be guilty of an offence and, subject to subsection (3), shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. (3) Any person who uses a public telephone to commit an offence —(a)under subsection (1) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and(b)under subsection (2) shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. (4) For the purposes of this section —(a)“emergency telephone number” means any telephone number which the Minister may, by order published in the Gazette , declare to be an emergency telephone number; and(b)a person who makes a telephone call to an emergency telephone number and, upon the telephone call being answered, refuses to speak or immediately hangs up shall be presumed until the contrary is proved to have intent to annoy any person answering the telephone call. (5) For the purposes of this section and section 14B, “public telephone” means a telephone which is available for use by any member of the public with or without payment.

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