Section 474.17 Criminal Code Act | Meaning of Offence/Use Carriage Service to Menace Harass or Cause Offence

Section 474.17 of the Criminal Code Act 1995 (Cth) is Use Carriage Service to Menace Harass or Cause Offence and is extracted below.
Clearly exposing fraud and systemic corrupt conduct  does not fall into the Offense'category!!
474.17 Using a carriage service to menace, harass or cause offence

(1) A person is guilty of an offence if:

(a) the person uses a carriage service; and

(b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.

Penalty: Imprisonment for 3 years.

Causing offence
Under existing section 85ZE of the Crimes Act, the offence consisting of 'offensive' use of a telecommunications service does not apply to 'use of a carriage service to carry Internet content'.⁽³³⁾ In contrast, the offence inproposed section 474.17 will apply to any use of a 'carriage service', including the internet.
Proposed section 473.4 states that in deciding whether reasonable persons would regard a particular use of a telecommunications/carriage service as 'offensive', a court is to consider:

(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and

(b) the literary, artistic or educational merit (if any) of the material; and

(c) the general character of the material (including whether it is of a medical, legal or scientific character)

The explanatory memorandum notes:

The factors listed are the same as the first three matters that are to be considered by the Classification Board in making decisions on the classification of publications, films and computer games under section 11 of the Classification (Publications, Films and Computer Games) Act 1995(Classification Act).⁽³⁴⁾

While a court will need to consider such factors when deciding what amounts to an 'offensive' use of a carriage servicefor the purpose of proposed section 474.17 and other parts of new Part 10.6, there is no such requirement for existing section 471.12 concerning 'offensive' use of a postal or similar service.
If harassing or menacing is to be used in S474.17 there must alsobe established some treat tolife