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 474.10   Copying subscription-specific secure data   Copying subscription-specific secure data from an existing account identifier

(1)  
A person commits an offence if the person:


(a) copies the subscription-specific secure data from an account identifier; and


(b) does so with the intention that the data will be copied (whether by the person or by someone else) onto something that:


(i) is an account identifier; or

(ii) will, once the data is copied onto it, be capable of operating as an account identifier.

Penalty: Imprisonment for 2 years.

Copying subscription-specific secure data onto a new account identifier

(2)  
A person commits an offence if:


(a) subscription-specific secure data is copied from an account identifier (whether by the person or by someone else); and


(b) the person copies that data onto something that:


(i) is an account identifier; or

(ii) will, once the data is copied onto it, be capable of operating as an account identifier.

This is so whether or not the person knows which particular account identifier the subscription-specific secure data is copied from.

Penalty: Imprisonment for 2 years.

Defences

(3)  
A person is not criminally responsible for an offence against subsection (1) or (2) if the person is:


(a) the carrier who operates the facilities used, or to be used, in the supply of the public mobile telecommunications service to which the subscription-specific secure data relates; or


(b) an employee or agent of that carrier who is acting on behalf of that carrier; or


(c) acting with the consent of that carrier.

Note:

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

(4)  
A person is not criminally responsible for an offence against subsection (1) or (2) 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) or (2) and does not operate to authorise any conduct that requires a warrant under some other law.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.