CRIMES ACT 1914
Part VIIB repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005.
No 127 of 2004, s 3 and Sch 1, contains the following savings provisions:
30 Saving - existing regulations respecting interception devices
Regulations made for the purposes of paragraph 85ZKB(2)(c) of the Crimes Act 1914 and in force immediately before the commencement of item 1 of this Schedule continue in force as if they had been made for the purposes of subsection 474.4(3) of the Criminal Code as enacted by that item.
Subitem (1) does not prevent amendment or repeal of the regulations referred to in that subitem. 31 Saving offences against Part VIIB of the Crimes Act 1914
For the purposes of the Telecommunications (Interception) Act 1979 , prescribed offence includes an offence in relation to conduct (within the meaning of the Criminal Code ) that:
(a) occurred before Part VIIB of the Crimes Act 1914 was repealed by this Act; and
(b) constituted an offence against a provision of that Part.
Subsection 7(1) of the Telecommunications (Interception) Act 1979 does not apply to, or in relation to, an act or thing done by an employee of a carrier (within the meaning of that Act) in the course of his or her duties for or in connection with the identifying or tracing of any person who has contravened, or is suspected of having contravened, a provision of Part VIIB of the Crimes Act 1914 before its repeal by this Act, where it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively.
(Repealed by No 127 of 2004)
S 85ZKA repealed by No 127 of 2004, s 3 and Sch 1 item 5, effective 1 March 2005. S 85ZKA formerly read:
Unauthorised call - switching devices prohibited
A person shall not:
(b) advertise, display or offer for sale;
(c) sell; or
(d) use, operate or possess;
equipment that the person knows is equipment of a kind that, when connected to a telecommunications network operated by a carrier, enables 2 persons each of whom, by means of different carriage services each of which is supplied by a carrier, calls that equipment (whether or not either of the persons is aware that the call the person is making is a call to such equipment), to send communications to, and receive communications from, each other, over that network during those calls.
Penalty: Imprisonment for 5 years.
Subsection (1) does not apply to equipment:
(a) if the connection of the equipment to a telecommunications network by a person would not be in contravention of section 411 of the Telecommunications Act 1997 ; or
(b) if the equipment is used, or intended for use, by a carrier in connection with a carriage service or the operation or maintenance of a telecommunications network.
A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).History
S 85ZKA(2) amended by No 24 of 2001, s 3 and Sch 10 item 143, by inserting the note at the end. For application provisions, see note under s 3BA.
For the purposes of establishing a contravention of subsection (1), if, having regard to:
(a) a person's abilities, experience, qualifications and other attributes; and
(b) all the circumstances surrounding the alleged contravention of that subsection;
the person ought reasonably to have known that equipment is equipment of the kind referred to in that subsection, the person shall be taken to have known that the equipment is equipment of that kind.