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 474.12   Producing, supplying or obtaining data or a device with intent to copy an account identifier  

(1)  
A person commits an offence if:


(a) the person produces, supplies or obtains any thing or data; and


(b) the person does so 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 474.10(1) (copying subscription-specific secure data from an account identifier) or 474.10(2) (copying subscription-specific secure data onto an account 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 474.10(1) (copying subscription-specific secure data from an account identifier) or 474.10(2) (copying subscription-specific secure data onto an account identifier) is impossible.

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

(4)  
A person is not criminally responsible for an offence against subsection (1) 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).

(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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