Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision B - Interference with telecommunications  

SECTION 474.8   Possession or control of data or a device with intent to modify a telecommunications device identifier  

(1)    
A person commits an offence if:


(a) the person has possession or control of any thing or data; and


(b) the person has that possession or control with the intention that the thing or data be used:


(i) by the person; or

(ii) by another person;
in committing an offence against subsection 474.7(1) (modification of a telecommunications device identifier).

Penalty: Imprisonment for 2 years.


(2)    
A person may be found guilty of an offence against subsection (1) even if committing the offence against subsection 474.7(1) (modification of a telecommunications device identifier) is impossible.

(3)    
It is not an offence to attempt to commit an offence against subsection (1).

(4)    
A person is not criminally responsible for an offence against subsection (1) if the person is:


(a) the manufacturer of the mobile telecommunications device in which the telecommunications device identifier is installed; or


(b) an employee or agent of the manufacturer who is acting on behalf of the manufacturer; or


(c) acting with the consent of the manufacturer.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).


(5)    
A person is not criminally responsible for an offence against subsection (1) if:


(a) the person is, at the time of the offence, a law enforcement officer, or an intelligence or security officer, acting in the course of his or her duties; and


(b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

Note 1:

A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

Note 2:

This subsection merely creates a defence to an offence against subsection (1) and does not operate to authorise any conduct that requires a warrant under some other law.





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