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 474.4   Interception devices  

(1)  
A person commits an offence if:


(a) the person:


(i) manufactures; or

(ii) advertises, displays or offers for sale; or

(iii) sells; or

(iv) possesses;
an apparatus or device (whether in an assembled or unassembled form); and


(b) the apparatus or device is an interception device.

Penalty: Imprisonment for 5 years.

(2)  
A person is not criminally responsible for an offence against subsection (1) if the person possesses the interception device in the course of the person ' s duties relating to the interception of communications that does not constitute a contravention of subsection 7(1) of the Telecommunications (Interception and Access) Act 1979 .

Note:

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

(3)  
A person is not criminally responsible for an offence against subsection (1) if the applicable conduct mentioned in subparagraphs (1)(a)(i) to (iv) is in circumstances specified in regulations made for the purposes of this subsection.

Note:

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




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